FOUR MONTHS AFTER OUR LAST REVIEW OF LIBYAN SANCTIONS, WE MEET
ONCE AGAIN IN THIS CHAMBER TO CONSIDER THE REPORT OF THE
SANCTIONS COMMITTEE AND GLEAN ANY SIGNS OF LIBYAN COMPLIANCE WITH
SECURITY COUNCIL RESOLUTIONS. UNFORTUNATELY, IT IS QUITE CLEAR
THAT THE LIBYAN REGIME IS NO MORE SERIOUS TODAY THAN IT WAS IN
JULY, OR AT ANY TIME DURING THE PREVIOUS THIRTEEN SUCH REVIEWS,
ABOUT ENDING ITS CONFRONTATION WITH THE INTERNATIONAL COMMUNITY
AND ITS DEFIANCE OF THE UNITED NATIONS.
LIBYA'S CHALLENGES TO THIS COUNCIL CONTINUE. IN TWO LETTERS TO
THE PRESIDENT OF THE SECURITY COUNCIL IN JULY, QADHAFI STATED
THAT THE SANCTIONS DO NOT APPLY TO HIM AS HEAD OF STATE, A VIEW
DECISIVELY REFUTED IN A SUBSEQUENT PRESIDENTIAL STATEMENT. LIBYA
PERSISTS IN ITS OBSTINATE
REFUSAL TO HAND OVER THE TWO INTELLIGENCE AGENTS ACCUSED OF
INVOLVEMENT IN THE TERRORIST BOMBING OF PAN AM FLIGHT 103, AND
DESPITE THE VISIT TO LIBYA LAST JULY BY A FRENCH MAGISTRATE, HAS
FAILED TO COOPERATE FULLY WITH FRENCH JUDICIAL AUTHORITIES
REGARDING UTA 772. THESE ARE HARDLY THE ACTIONS OF A GOVERNMENT
THAT WISHES TO MEET ITS RESPONSIBILITIES TO THIS BODY. ON THE
CONTRARY, THEY ARE THE ACTIONS OF A REGIME DETERMINED TO LIE TO
THE WORLD IN HOPES THAT THE WORLD WILL FORGET.
WELL, WE WILL NOT FORGET. WE WILL NOT FORGET THE 441 VICTIMS OF
THE TERRORIST ATTACKS ON PAN AM 103 AND UTA 772, NOR THE
THOUSANDS OF FAMILY MEMBERS WHO HAVE BEEN LEFT TO MOURN THEIR
DEATHS. WE WILL NOT FORGET THAT LIBYA HAS YET TO MEET ITS
OBLIGATIONS, INCLUDING TURNING OVER FOR TRIAL THE SUSPECTS IN
THESE CRIMES, COOPERATING FULLY IN THE INVESTIGATIONS,
COMPENSATING THE FAMILIES OF THE VICTIMS, AND ENDING ITS SUPPORT
FOR INTERNATIONAL TERRORISM. WE WILL NOT FORGET THAT THE ONLY
WAY FOR LIBYA TO END ITS CONFRONTATION WITH THIS COUNCIL AND THE
WORLD IS FULL COMPLIANCE WITH SECURITY COUNCIL RESOLUTIONS. AND
WE WILL MAKE CERTAIN THAT LIBYA DOES NOT FORGET IT EITHER.
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LIBYA HAS SPENT A GREAT DEAL OF TIME AND EFFORT TRYING TO
CONVINCE OTHERS THAT IT BEARS NO RESPONSIBILITY FOR THE
CONTINUATION OF SANCTIONS, AND THAT IT IS UP TO THE INJURED
PARTIES TO COMPROMISE TO BRING THIS AFFAIR TO AN END. LIBYA HAS
PERSISTED IN ITS EFFORTS TO OFFER A MISLEADING "COMPROMISE"
SOLUTION, BY SUPPOSEDLY OFFERING TO ACCEPT A TRIAL BY A SCOTTISH
COURT IN A SO-CALLED "NEUTRAL" VENUE. ONE DOES NOT HAVE TO
EXAMINE THIS PLOY TOO CLOSELY, HOWEVER, TO EXPOSE ITS OBVIOUS
CONTRADICTIONS.
FOR EXAMPLE, ONE NOTICES THAT LIBYA HAS STATED ONLY THAT IT WOULD
NOT OBJECT IF THE TWO SUSPECTS AGREED VOLUNTARILY TO SUBMIT TO
TRIAL IN A THIRD COUNTRY. AND LIBYA HAS NOT OFFERED TO SURRENDER
THE TWO SUSPECTS, CLAIMING ITS LAW DOES NOT PERMIT EXTRADITION IN
THE ABSENCE OF A TREATY. INDEED, THERE IS MUCH LESS TO QADHAFI1S
PROPOSAL THAN MEETS THE EYE.
THERE IS ABSOLUTELY NO PRECEDENT FOR HOLDING A TRIAL ON SCOTTISH
OR U.S. CRIMINAL CHARGES OUTSIDE THE COUNTRY THAT BROUGHT THE
CHARGES. IN EITHER VENUE, A FAIR TRIAL AND ALL ELEMENTS OF DUE
PROCESS ARE GUARANTEED TO THE DEFENDANTS. NO, THIS LIBYAN
STRATAGEM SHOULD BE SEEN FOR WHAT IT IS: AN EMPTY RUSE THAT FALLS
FAR SHORT OF FULL COMPLIANCE WITH RELEVANT SECURITY COUNCIL
RESOLUTIONS. AND NOTHING LESS THAN FULL COMPLIANCE WILL SATISFY
THE DEMANDS OF JUSTICE OR OF THIS COUNCIL. FOR THIS REASON, THIS
SO-CALLED "COMPROMISE" IS NOT AND CANNOT BE ACCEPTABLE.
MR. PRESIDENT, THE UNITED NATIONS HAS MADE GREAT STRIDES IN
RECENT YEARS IN CONFRONTING THE SCOURGE OF TERRORISM. IN 1994,
THE GENERAL ASSEMBLY OVERWHELMINGLY ADOPTED THE "DECLARATION ON
MEASURES TO COMBAT INTERNATIONAL TERRORISM," WHICH WAS REAFFIRMED
LAST YEAR BY GENERAL ASSEMBLY RESOLUTION AND WILL, WE TRUST, BE
REAFFIRMED ONCE AGAIN THIS YEAR. VALUABLE WORK IS NOW BEING DONE
IN THE SIXTH COMMITTEE TO DEVELOP FURTHER MEASURES TO STRENGTHEN
THE FRAMEWORK OF INTERNATIONAL COOPERATION IN THIS FIELD. THE
WILL OF THE WORLD COMMUNITY ON THIS ISSUE HAS NEVER BEEN
CLEARER. WE WOULD BETRAY THAT WILL, THE WILL OF THIS COUNCIL,
AND MOST IMPORTANT, THE FAMILIES OF THE VICTIMS OF
LIBYAN-SPONSORED TERRORISM WERE WE TO RETREAT NOW INTO
UNWARRANTED AND SHAMEFUL COMPROMISE WITH A TERRORIST-SUPPORTING
STATE.
THE UNITED STATES IS SECOND TO NO ONE IN ITS PROFOUND DESIRE TO
RESOLVE THIS ISSUE AND SEE THAT JUSTICE IS DONE. BUT LET ME
REITERATE THAT A SATISFACTORY RESOLUTION CAN ONLY COME THROUGH
LIBYA'S COMPLETE COMPLIANCE WITH UNITED NATIONS SECURITY COUNCIL
RESOLUTIONS 731, 748, AND 883. WE URGE LIBYA TO TAKE THE
OPPORTUNITY BEFORE IT TO END ITS CONFRONTATION WITH THE
INTERNATIONAL COMMUNITY. WE ARE CONFIDENT THAT THE COUNCIL WILL
REMAIN STEADFAST UNTIL IT DOES SO.
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