Resolution to Lift Sanctions Against Libya

Released by the U.S. Mission to the United Nations

Thank you, Mr. President. Before I begin my statement on today’s vote, I would first like to acknowledge and express appreciation for the presence of a number of family members of the Pan Am 103 victims from several countries who have traveled to be with us today. We recognize the loss of your loved ones, and wish to convey our deepest sympathy for your many years of suffering.

Mr. President, Members of the Council, on December 21, 1988, the lives of 270 innocent men, women and children representing over 20 different nationalities were tragically cut short when Pan Am 103 exploded over Lockerbie, Scotland. In 1992, after proof of Libya’s responsibility for the bombing had been uncovered, the United Nations imposed sanctions on Libya. Since that time the United States Government has worked with the Government of the United Kingdom, the families of the Pan Am 103 victims, and other members of the international community to ensure that Libya fulfilled a number of demands, including surrender of the two suspects for trial, acceptance of responsibility for the actions of its officials, and payment of appropriate compensation.

United Nations sanctions were suspended in 1999 after Libya fulfilled one demand by transferring the two Libyan suspects for trial before a Scottish court sitting in the Netherlands. One defendant, Abdel-Basset al-Megrahi, was convicted by the court of murder in 2001, and a Scottish appellate court upheld the conviction in 2002. Megrahi is currently serving a life sentence in a Scottish prison.

Libya has now addressed the remaining UN requirements related to the Pan Am 103 bombing. Among other steps, it has formally stated that it accepts responsibility for the actions of its officials and made arrangements to pay compensation to the families of the victims in accordance with an agreement worked out directly between them. Although nothing can bring back their loved ones, the hundreds of family members who have suffered for the past 15 years can take some measure of solace from these long-awaited steps.

In recognition of these steps, and to allow the families’ settlement to go forward, the United States has not opposed the formal lifting of the United Nations sanctions on Libya. As stated in the joint letter from the United States and United Kingdom to the President of the Council on August 15, we expect Libya to adhere scrupulously to the commitments it has now made to the Council to cooperate in the international fight against terrorism and to cooperate with any further requests for information in connection with the Pan Am 103 investigation.

Our decision, however, must not be misconstrued by Libya or by the world community as tacit U.S. acceptance that the Government of Libya has rehabilitated itself. The United States continues to have serious concerns about other aspects of Libyan behavior, including its poor human rights record, its rejection of democratic norms and standards, its irresponsible behavior in Africa, its history of involvement in terrorism, and – most important – its pursuit of weapons of mass destruction (WMD) and their means of delivery. Libya is actively pursuing a broad range of WMD, and is seeking ballistic missiles. In those efforts, it is receiving foreign assistance – including from countries that sponsor terrorism. Libya’s continued nuclear infrastructure upgrades raise concerns. Tripoli is actively developing biological and chemical weapons. The United States will intensify its efforts to end Libya’s threatening actions. This includes keeping U.S. bilateral sanctions on Libya in full force.

In its compensation settlement with the Pan Am 103 families, Libya has tied the payment of some of the available funds to changes in U.S. bilateral measures to Libya, something clearly outside the scope of UN requirements. Furthermore, Libya has imposed an eight-month time limit during which these steps must be taken, unless it agrees otherwise. We hope that by doing this, Libya is signaling that it intends to move quickly to address the concerns that underlie the U.S. measures. We also urge that Libya do so in order for the families to receive the balance of the available funds. Nonetheless, the U.S. cannot guarantee that Libya will take the required steps, and we would not want our vote on the resolution lifting sanctions to be misconstrued as a decision now to modify U.S. bilateral measures regardless of future Libyan behavior. After all, it has taken Libya almost 15 years to address Pan Am 103. For this reason, and because of the concerns I have stated, the United States has abstained on this resolution. Thank you, Mr. President.