GENEVA DECLARATION OF LEGAL EXPERTS ON U.N. SANCTIONS AGAINST LIBYA

23 May 1992

The meeting of the Committee of Legal Experts on U.N. Sanctions against Libya was held on 23 May 1992 at the Hôtel de la Paix in Geneva, Switzerland, under the auspices of the International Progress Organization and in co-operation with the Committee for Studies and Research into the Problems of the Mediterranean. The meeting has adopted the following positions:

1. A new world order respectful of the rule of law in international relations implies that the United Nations Security Council acts in conformity with the principles of international law and justice.

2. The United States, the United Kingdom and France violated Article 27, Paragraph 3 of the United Nations Charter by forcing Security Council resolution 731 (1992) to a vote without themselves abstaining, and illegally used their overwhelming power and influence to induce and coerce the other member states of the Security Council to vote in favour.

3. As the Security Council and its Members were fully aware of a serious legal dispute concerning the interpretation and application of the 1971 Montreal Convention, the Council, in accordance with Article 36, Paragraph 3 of the Charter, should have urged the parties involved to submit the issue to the International Court of Justice (which Libya eventually did) rather than to proceed with putting into motion a process leading away from the peaceful settlement of the dispute.

4. Whatever the factual situation may be, the United States and the United Kingdom remain obliged to exhaust all means for the peaceful resolution of the Lockerbie dispute with Libya under Article 2, Paragraph 3 and Article 33, Paragraph 1 of the United Nations Charter.

5. The United States and the United Kingdom have in fact usurped the right and the power of the International Court of Justice to rule on Libya's applications and requests for provisional measures of 3 March 1992 in violation of Article 92 of the United Nations Charter and the Statute of the International Court of Justice, which is an integral part of the Charter.

6. Security Council Resolution 748 (1992), sanctioning Libya, has moreover exceeded the powers of the Security Council under Article 24, Paragraph 2 of the United Nations Charter and is therefore ultra vires the competence of the Security Council.

7. Both the International Court of Justice and the General Assembly should exercise control over the legality of decisions of the Security Council.

8. As part of the peaceful settlement of the dispute, the parties involved should consider submitting the question of personal criminal responsibility to an ad hoc international criminal tribunal.