20. Whereas, it appears from the application that there exists a situation of extreme gravity and urgency, as
well as a risk of irreparable harm to persons who are the subject of the application;
21. Whereas, the application alleges that international organizations, mentioned below, both universal and
regional, to which Libya is a member, have considered the situation prevailing in Libya:
- On the 23rd of February 2011, the Peace and Security Council of the African Union "express[ed] deep
concern with the situation in the Great Socialist People's Libyan Arab Jamahiriya and strongly condemn[ed]
the indiscriminate and excessive use of force and lethal weapons against peaceful protestors, in violation of
human rights and International Humanitarian Law, which continues to contribute to the loss of human life
and the destruction of property";
- On the 21st of February 2011, the Secretary General of the Arab League called for an end to violence,
stating that the demands of Arab people for change are legitimate and the Arab League has suspended
Libya;
- The United Nations Security Council in Resolution 1970 (2011) adopted on the 26th of February 2011,
denounced 'the gross and systematic violations of human rights, including, the repression of peaceful
demonstrators', noting further that 'the systematic attacks currently taking place in the Libyan Arab
Jamahiriya against the civilian population may amount to crimes against humanity'; and decided to refer the
situation in the Libyan Arab Jamahiriya since 15 February 2011 to the Prosecutor of the International
Criminal Court;
22. Whereas, in the opinion of the Court, there is therefore a situation of extreme gravity and urgency, as
well as a risk of irreparable harm to persons who are the subject of the application, in particular, in relation
to the rights to life and to physical integrity of persons as guaranteed in the Charter;
23. Whereas, in the light of the foregoing, the Court finds that the circumstances require it to order, as a
matter of great urgency and without any proceedings, provisional measures, in accordance with Article 27
(2) of the Protocol and Rule 51 of its Rules;
24. Whereas, measures ordered by the Court would necessarily be provisional in nature and would not in
any way prejudge the findings the Court might make on its jurisdiction, the admissibility of the application
and the merits of the case;
25. For these reasons, THE COURT, unanimously orders the following provisional measures:
1) The Great Socialist People's Libyan Arab Jamahiriya must immediately refrain from any action that
would result in loss of life or violation of physical integrity of persons, which could be a breach of the
provisions of the Charter or of other international human rights instruments to which it is a party.
2) The Great Socialist People's Libyan Arab Jamahiriya must report to the Court within a period of fifteen
(15) days from the date of receipt of the Order, on the measures taken to implement this Order.
Done at Arusha, this twenty fifth day of March in the year Two Thousand and Eleven, in Arabic,
English and French, the English text being authoritative.
Signed:
Gérard NIYUNGEKO, President
Sophia A.B. AKUFFO, Vice-President
Jean MUTSINZI, Judge
Bernard M. NGOEPE, Judge
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