[Congressional Record (Bound Edition), Volume 157 (2011), Part 8]
[EXTE]
[Pages 11461-11463]
[From the U.S. Government Publishing Office, www.gpo.gov]




 LETTERS FROM REP. DENNIS J. KUCINICH TO THE UNITED NATIONS ON THE WAR 
                                IN LIBYA

                                 ______
                                 

                        HON. DENNIS J. KUCINICH

                                of ohio

                    in the house of representatives

                         Tuesday, July 19, 2011

  Mr. KUCINICH. Mr. Speaker, I wish to submit letters I have sent to 
the United Nations Secretary General, Ban Ki-moon, regarding the U.N.-
sanctioned war in Libya.

                                    Congress of the United States,


                                     House of Representatives,

                                                   April 12, 2011.
     Hon. Ban Ki-moon,
     Secretary General, United Nations, New York, New York.
       Dear Secretary General: On March 19, 2011 the United Nation 
     (UN) Security Council adopted Resolution 1973 which 
     authorized the international community to act to ``to protect 
     civilians and civilian populated areas under threat of 
     attack'' in Libya. That measure allowed member states to act 
     ``nationally or through regional organizations or 
     arrangements . . . in cooperation with the Secretary-
     General.''
       However, members of the North Atlantic Treaty Organization 
     (NATO), which has acted under the authority of the UN 
     mandate, have expressed a desire to remove Muammar Gaddafi 
     from power, a demand that was not authorized by the United 
     Nations Security Council. The Libyan Transitional National 
     Council yesterday rejected a cease-fire proposal because it 
     lacked a requirement for Gaddafi to leave power. The United 
     States did not have a full accounting of the cease-fire 
     proposal, but Secretary Clinton continued to call for regime 
     change. Today, news reports indicate that France and Britain 
     are urging NATO to expand their operations in Libya. The 
     British Foreign Secretary, William Hague, was quoted by The 
     New York Times as saying that ``[a]ny viable future for Libya 
     involves the Departure of Colonel Qaddafi.''
       It is imperative the UN remind France and Britain that 
     regime change is not part of the UN mandate. An attempt at 
     regime change would likely expand a civil war creating a 
     large number of civilian casualties on both sides. NATO is 
     not authorized to go beyond the UN mandate and France and 
     Great Britain should not demand they do so. The UN Secretary 
     General must intervene to stop an expansion of the war even 
     though two member states, for whatever reason, appear intent 
     on pursuing that expansion.
           Sincerely,
                                               Dennis J. Kucinich,
     Member of Congress.
                                  ____

                                    Congress of the United States,


                                     House of Representatives,

                                                   April 14, 2011.
     Hon. Ban Ki-moon,
     Secretary General, United Nations, New York, New York.
       Dear Secretary General: I write to bring your attention to 
     reports that reveal that the State of Qatar has been 
     supplying weapons to Libyan rebels and ask that you take 
     immediate steps to ensure full compliance with the arms 
     embargo currently in effect in Libya.
       According to The Guardian, Qatar is supplying ``anti-tank 
     weapons to Libyan rebels in Benghazi as part of its strategy 
     of working to overthrow the Gaddafi regime, officials in Doha 
     have confirmed.'' This is a clear violation of United Nations 
     Security Council Resolution (UNSCR) 1970, adopted on February 
     26, 2011, which established an international arms embargo and 
     requires all member states to take ``necessary measures'' to 
     prevent the ``supply, sale or transfer'' of arms and related 
     materiel into Libya.
       You recently made strong statements urging full compliance 
     with an international arms embargo in Cote D'Ivoire following 
     revelations that attack helicopters were provided to forces 
     loyal to former president Laurent Gbagbo, recognizing that 
     supplying such aid would be ``very dangerous in our own 
     effort to resolve this issue peacefully.'' Failure to take 
     action to ensure compliance with UNSCR 1970 in Libya could 
     pose the same danger, potentially prolonging a civil war and 
     likely resulting in further civilian deaths. It also 
     significantly undermines the legitimacy of the U.N. and the 
     international humanitarian effort it has authorized in Libya.
       I urge you to take immediate and appropriate action to 
     ensure that Qatar and all U.N. member states are in fill 
     compliance with UNSCR 1970.
           Sincerely,
                                               Dennis J. Kucinich,
     Member of Congress.
                                  ____

                                    Congress of the United States,


                                     House of Representatives,

                                                   April 19, 2011.
     Hon. Ban Ki-moon,
     Secretary, United Nations, New York, New York.
       Dear Secretary General: The silence of the U.N. appears to 
     be creating an atmosphere that allows member states to take 
     actions that are likely to prolong a civil war and increase 
     the risk to Libyan civilians. We cannot allow such a 
     dangerous precedent to be set in Libya.
       Reports today indicate that Britain and France have sent a 
     joint team of military advisors to assist rebels in Libya, an 
     overt and dangerous sign of intentions to act well beyond the 
     authorization granted in United Nations Security Council 
     (UNSCR) 1973. I urge you to take immediate steps to ensure 
     that U.N. member states fully comply with UNSCR 1973 and 
     refrain from taking steps in Libya that can only serve to 
     prolong a protracted conflict at the expense of Libyan 
     civilians.
       The United Nations has been noticeably reserved when it was 
     revealed that Qatar was providing arms to Libyan rebels in 
     contravention of UNSCR 1970, despite recognition by the U.N. 
     that the humanitarian situation in Libya has worsened 
     following increased fighting between rebels and pro-Gaddafi 
     forces.
       It is of the utmost importance that the United Nations make 
     its stance on violations of U.N. Security Council resolutions 
     well-known. The United Nations must state clearly that any 
     actions taken by member states outside of the scope of UNSCR 
     1973 will not be tolerated.
       I look forward to your response.
           Sincerely,
                                               Dennis J. Kucinich,
     Member of Congress.
                                  ____

                                    Congress of the United States,


                                     House of Representatives,

                                                      May 6, 2011.
     Hon. Ban Ki-moon,
     Secretary General, United Nations, New York, New York.
     Hon. Luis Moreno-Ocampo,
     Prosecutor, International Criminal Court, The Hague, The 
         Netherlands.
       I write to express my grave concern over recent actions by 
     the North Atlantic Treaty Organization (NATO) in Libya that 
     appear to constitute a deliberate attack on a foreign leader, 
     in direct contravention to United Nations Security Council 
     Resolution (UNSCR) 1973, and the effect such actions may have 
     on prolonging an already protracted and bloody conflict in 
     Libya.
       I am specifically concerned about reports of a strike 
     conducted by NATO on Saturday, April 30 on a compound in 
     Tripoli that reportedly killed Saif al-Arab Gaddafi, the 
     youngest son of President Muammar Gaddafi, along with three 
     grandchildren. According to the The Washington Post, NATO's 
     commander of the current operations in Libya, General Charles 
     Bouchard, stated that ``All NATO's targets are military in 
     nature and have been clearly linked to the Gaddafi regime's 
     systematic attacks on the

[[Page 11462]]

     Libyan population and populated areas. We do not target 
     individuals.''
       NATO is acting in Libya pursuant to UNSCR 1973, which 
     authorized an international military intervention for the 
     sole purpose of protecting Libyan civilians. A NATO strike on 
     a compound that resulted in the death of family members of 
     President Gaddafi clearly exceeds this mandate and must not 
     be tolerated. The lack of accountability for U.N. member 
     states and international arrangements if they act beyond the 
     U.N. Security Council mandate makes it clear that U.N. 
     resolutions can be violated with impunity. Despite the 
     mandate to protect Libyan civilians, it is clear that actions 
     are being taken in Libya by member states that endanger the 
     civilians.
       As you know, on February 26, the U.N. Security Council 
     referred Libya to the International Criminal Court (ICC) in 
     order to investigate allegations of actions taken by the 
     Libyan government against Libyan civilians in response to an 
     uprising in the country. This week, the ICC prosecutor Luis 
     Moreno-Ocampo announced that charges would be brought upon 
     members of the Libyan government for crimes alleged to have 
     been committed against unarmed civilians that occurred during 
     the current conflict.
       It is imperative that NATO also be held accountable for any 
     actions that violate UNSCR 1973 and international law. The 
     United Nations must take immediate action to ensure 
     compliance with UNSCR 1973, or risk a continued escalation of 
     the conflict at the cost of many more lives. The U.N. has an 
     obligation to protect civilians under international law and 
     to ensure that military operations it has authorized are 
     conducted in accordance to such laws.
           Sincerely,
                                               Dennis J. Kucinich,
                                               Member of Congress.
       cc: General Charles Bouchard, NATO.
                                  ____

                                    Congress of the United States,


                                     House of Representatives,

                                                    June 10, 2011.
     Hon. Ban Ki-moon,
     Secretary General, The United Nations, New York, New York.
     Hon. Luis Moreno-Ocampo,
     Prosecutor, International Criminal Court, The Hague, The 
         Netherlands.
       Dear Secretary General Ban and Prosecutor Moreno-Ocampo: I 
     write to express my grave concern over a recent report that 
     states that a senior North Atlantic Treaty Organization 
     (NATO) official believes that Libyan President Muammar 
     Gaddafi is a legitimate target under United Nations Security 
     Council Resolution (UNSCR) 1973. Therefore, I ask that the 
     United Nations take immediate steps to address this and other 
     violations of the U.N. mandate which was to protect civilians 
     in Libya.
       NATO has taken actions in Libya that raise serious 
     questions about the military intervention in the country, 
     including a strike conducted by NATO in April on a compound 
     in Tripoli that reportedly killed Saif Al-Arab Gaddafi, 
     Gaddafi's youngest son, and three of his grandchildren. NATO 
     is acting in Libya pursuant to UNSCR 1973, which authorized 
     an international military intervention for the sole purpose 
     of protecting Libyan civilians. A NATO strike to deliberately 
     target a leader of a foreign country clearly exceeds this 
     mandate and must not be tolerated. The lack of accountability 
     for U.N. member states and international arrangements if they 
     act beyond the U.N. Security Council mandate makes it clear 
     that absent the intervention of your good offices U.N. 
     resolutions can be violated with impunity.
       It is imperative that NATO be held accountable for any 
     actions that violate UNSCR 1973 and international law. The 
     United Nations must take immediate action to ensure 
     compliance with UNSCR 1973, or risk a continued escalation of 
     the conflict at the cost of many more lives. The U.N. has an 
     obligation to protect civilians under international law and 
     to ensure that military operations it has authorized are 
     conducted in accordance to such laws.
       The failure of the United Nations and the International 
     Criminal Court to effectively intervene to stop such 
     egregious violations by NATO risks the serious degrading of 
     international institutions whose very existence depends upon 
     compliance with and enforcement of international law.
           Sincerely,
                                               Dennis J. Kucinich,
     Member of Congress.
                                  ____

                                    Congress of the United States,


                                     House of Representatives,

                                                    June 20, 2011.
     Hon. Ban Ki-moon,
     Secretary General, The United Nations, New York, New York.
     Hon. Luis Moreno-Ocampo,
     Prosecutor, International Criminal Court, The Hague, The 
         Netherlands.
       I write to express my grave concern regarding recent 
     reports that a strike conducted by the North Atlantic Treaty 
     Organization (NATO) in Libya this weekend killed innocent 
     civilians. In light of this event, I reiterate my request 
     that the United Nations (U.N.) take immediate steps to ensure 
     that member states, acting in Libya under NATO and pursuant 
     to a U.N. mandate to protect civilians, are held accountable 
     for possible violations of international law and pertinent 
     U.N. Security Council resolutions.
       According to The Washington Post, a ``blast flattened a 
     two-story house, killing two children and seven adults . . . 
     and it came a day after the alliance confirmed that last week 
     it accidentally struck a vehicle carrying allied rebel 
     fighters.'' The killing of civilians and rebel fighters by 
     NATO airstrikes raises serious questions about the use of 
     military intervention, as codified in U.N. Security Council 
     Resolution 1973, to protect civilians and highlights the 
     urgent need for a negotiated ceasefire. As the war in Libya 
     passes the 90-day mark, it has become clear that the military 
     intervention has resulted in a further escalation of the 
     conflict, which is likely to further increase the risk to 
     civilians. It is vital that NATO work with the U.N., its 
     member states and the international community toward a 
     politically negotiated end to the conflict Indeed, a 
     political settlement may be the only way to truly protect 
     Libyan civilians from harm and bring an end to a protracted 
     conflict To that end, I have enclosed a structured series of 
     steps patterned after the African Union effort which can 
     serve to end the conflict.
       It is imperative that the U.N. hold NATO and its top 
     command directly accountable under international statutes for 
     actions which place the lives of innocent civilians at risk. 
     The U.N. has an obligation under international law to ensure 
     that military operations it has authorized are conducted in 
     accordance with such laws.
           Sincerely,
                                               Dennis J. Kucinich,
                                               Member of Congress.
       Enclosure: Blueprint for Self-Determination and Peace in 
     Libya.

        The Blueprint for Self-Determination and Peace in Libya

              (Proposed by Congressman Dennis J. Kucinich)


                              1. Ceasefire

       All parties to the current conflict must implement an 
     immediate cessation of all hostilities.
       a. Following the implementation of a ceasefire, monitors 
     from the African Union (A.U.) and the United Nations (U.N.) 
     will be deployed to ensure compliance with the ceasefire
       b. North Atlantic Treaty Organization (NATO) must 
     immediately end all military offensives, including the 
     enforcement of a ``no fly zone,'' air strikes by jets, 
     helicopters and Unmanned Aerial Vehicles.
       c. All covert operations from NATO member nations shall be 
     discontinued.
       d. All government and rebel forces, including paramilitary 
     and mercenary forces must withdraw from cities they currently 
     occupy.


                   2. Unfettered Humanitarian Access

       Libyan authorities must immediately allow for unfettered 
     humanitarian access and facilitate the safe, timely delivery 
     of humanitarian assistance to all people in need. Libyan 
     authorities must cooperate and allow for the protection of, 
     and if needed, evacuation of foreign nationals and its 
     African migrant community and workers.


                              3. Dialogue

       The African Union along with the U.N. is to facilitate an 
     inclusive dialogue in implementing a blueprint for self-
     determination and peace.


  4. Full Compliance with Pertinent U.N. Security Council Resolutions

       The U.N. must enforce and ensure that all U.N. member 
     states fully comply with the terms of U.N. Security Council 
     Resolution (UNSCR) 1970, which established an international 
     arms embargo on Libya;


   5. Reparations for Civilians Killed or Injured and Their Families

       Payments should be made by all parties to the conflict to 
     any injured non-combatants or families of those non-
     combatants killed as a result of the current conflict.


             6. Reforming the Current Government Structure

       Representatives of the Libyan government and the 
     Transitional National Council shall call parties forward to 
     participate in a Constitutional drafting committee, to 
     develop a mechanism to proceed to determine the structure, 
     composition and enactment of a reform government and to 
     select a committee to draft a national constitution.


                         7. Timeline for Reform

       a. The Constitutional drafting committee shall issue a 
     report on its deliberations.
       b. A referendum shall be held on the newly drafted 
     Constitution, and, once it is adopted, national elections 
     will be held.
       c. The referendum on the Constitution shall be conducted 
     under the auspices of independent international observers 
     from the African Union and the United Nations.
       d. Independent international observers shall be asked to 
     monitor elections.


                    8. Repatriation of Frozen Assets

       All frozen Libyan assets must be returned.


                          9. Natural Resources

       The oil, water and natural gas resources of the State of 
     Libya must be held in public trust for the long-term social 
     and economic security of the people of Libya.

[[Page 11463]]




     10. Protecting and Upholding the Rights of all Libyan Citizens

       All parties and the newly constituted government of Libya 
     shall abide by international law and human rights law. The 
     newly constituted government must ensure fair access to all 
     basic services in Libya.
                                  ____

                                    Congress of the United States,


                                     House of Representatives,

                                                    July 19, 2011.
     Hon. Ban Ki-moon,
     Secretary General, The United Nations, New York, New York.
       Dear Secretary General: I write to continue to express my 
     concern over the ongoing conflict in Libya and clear 
     violations of a U.N.-sanctioned no-fly zone that only serve 
     to prolong the conflict. It is being reported that the no-fly 
     zone established by United Nations Security Council 
     Resolution (UNSCR) 1973 and enforced by the North Atlantic 
     Treaty Organization (NATO) is not being enforced in certain 
     circumstances in order to allow for the delivery of military 
     assistance to Libyan rebels.
       According to The Washington Post, NATO ``appears to allow 
     rebel flights that shuttle personnel, food, medicine--and 
     allegedly some weapons and communications equipment--between 
     rebels in the eastern city of Benghazi and a stretch of two-
     lane highway . . . in the west. On Monday, two reporters 
     watched a four-engine jet take off from the highway and climb 
     quickly into the sky.''
       As you know, such actions would be in direct violation of 
     UNSCR 1973 and will continue to prolong the war which shows 
     no signs of ending soon. Last month, France, a leading 
     proponent of the war in Libya and member of NATO enforcing 
     the no-fly zone, was reported to be arming Libya rebels in 
     contravention to U.N. Security Council Resolution on Libya. 
     The United Nations must take immediate action to hold member 
     states accountable for allowing violations of U.N. Security 
     Council resolutions. The U.N. cannot stand idly by as its 
     member states take actions under its name that clearly serve 
     to further their own political interests, rather than protect 
     Libyan civilians.
       I would welcome the opportunity to meet to discuss ways we 
     can work together toward your stated priority for the U.N., 
     sustainable development. I look forward to hearing from you.
           Sincerely,
                                               Dennis J. Kucinich,
     Member of Congress.

                          ____________________