LIBYA

Azusa KawashimaEmma Beckman

About Libya

Colonized by Italy 97% Islam Oil, natural gas Ruled by Gaddafi

Gadaffi's Regime

Since 1969, for 41 years Jamahiriya

A direct democracy

without any political

parties Oppressed the people who

were anti-Qaddafi regime

Timeline

Feb. 15, 2011: Riots broke out in Benghazi

Feb. 26, 2011: UNSC sanctioned Libya Resolution 1970

Feb. 27,2011: The formation of the NTC (National Transitional Council)

March 12, 2011: AU criticized the Qaddafi’s regime, supported the idea of no-fly zone

March 17, 2011: UNSC Resolution 1973

March 19, 2011: Coalition Intervention begins: Operation Odyssey Dawn/AFRICOM

March 24, 2011: an agreement of a handover of enforcement of the no-fly zone to NATO.

March 31, 2011: NATO took sole command of air operations over Libya under Operation Unified Protector

Resolution 1970

Condemned the use of lethal force by the Qaddafi’s regime against protesters participating in the Libyan civil war

Repression and violations of human rights Crimes against humanity

Demanded an immediate cessation of violence Imposed international sanctions Established an arms embargo and travel ban Referred the matter to the prosecutor of the International

Criminal Court.

Resolution 1970 (cont.)

Proposed by France, Germany, the United Kingdom and the United States

Enacted under Chapter VII and article 41 It became know that France violated the

resolution by supplying weapons to Libyan rebels.

Resolution 1973

Demanded “an immediate ceasefire” Authorized the int’l community to establish a no-

fly zone and to use all necessary means to protect civilians and civilian-populated areas

Strengthens the arms embargo Extends the travel ban and assets freeze

Resolution 1973 (cont.)

Proposed by France, Lebanon, and the United Kingdom

Adopted under Chapter VII of the UN charter

China and Russia abstained

Formed the legal basis for military intervention in the Libyan civil war

first time that the SC has authorized the use of military force for human protection purposes against the wishes of a functioning state

R2P has become a commonly accepted frame of reference for preventing and responding to mass atrocities

Operation Odyssey Dawn19 – 31 March 2011

US-coordinated international military operation in Libya to enforce UNSCR 1973

The goal was to impose a no-fly zone and to destroy pro-Gaddafi’s forces to protect civilians.

Operation Unified Protector23 March – 31 Oct. 2011

It was a NATO operation enforcing UNSCR 1970 and 1973.

To implement an arms embargo, a no-fly zone and to use all means necessary

The Response of the International Community

AU and other regional organizations

China and Russia

no reason to veto since they had no special relationship with, or interests in, Libya.

US

The Obama administration released the Presidential Study Directive on Mass Atrocities (PSD-10)

The directive defines the prevention of mass atrocities as both “a core national security interest and a core moral responsibility of the US”

France

They strongly criticized the Qaddafi’s use of force to Libyan citizens

Libya Case is Know As……

A Well-implemented R2P intervention

Its small population/military size Response of the NATO and the EU

Motivated to provide aerial power and political support for the intervention

⇒Shift of the recognition of R2P by the international community.

(WHETHER to act ⇒ 　 HOW to act)

Libya and R2P

Navi Pillay, the UN High commissioner for Human Rights

The state “has an obligation to protect the rights to life, liberty, and security.” “Protection of civilians should always be the paramount consideration in maintaining order and the rule of law. The authorities should immediately cease such illegal acts of violence against demonstrators. Widespread and systematic attacks against the civilian population may amount to crimes against humanity.”

Francis Deng, the soecial advises to the UN secretary-general on genocide prevention and Edward C. Luck, on R2P

“the Libyan regime’s behavior could amount to crimes against humanity and reminded “the national authorities in Libya” of their own 2005 pledge to uphold the principles of R2P.”

A Unique Case

Reason 1: SC Resolution 1973 authorized “all necessary measures” to protect civilians without the consent of the “host” state.

Reason 2: In contrast to other crises involving alleged crimes against humanity (Darfur), diplomacy produced a decisive response in a relatively short period of time.

Three Distinct Elements

Clear Threat of Mass Atrocities “Officers have been deployed in all tribes and regions so that

they can purify all decisions from these cockroaches” and “any Libyan who takes arms against Libya will be executed”

Short Time Frame The country was not viewed as posing any sort of threat of

mass atrocities; conflict was not widely anticipated.

Fall of Benghazi was imminent.

Support of Regional Organizations LAS support convinced Russia, China, Brazil, Germany, and

India to abstain instead of veto UNSCR 1973.

Things Could Have Gone Better

Civilian casualties from NATO airstrikes 85 civilians killed in airstrike on August 9th

Death of Gaddafi ICC issued warrant for arrest Never an order to kill him

NATO left too early? NTC requested continued military

assistance

R2P Criteria:Just Cause

Government reported to have used snipers, artillery, helicopter gunships, warplanes, anti-aircraft weaponry, and warships against protesters.

Refused to permit humanitarian aid convoys into besieged towns.

Gaddafi clearly stated more people would be killed; impending massacre.

R2P Criteria: Last Resort

Did not meet demands of Resolution 1970. Government did announce a ceasefire, but failed to uphold it.

UN Secretary General contacted Gaddafi and tried to persuade him to comply but failed.

Fall of Benghazi imminent, left little time to try other options.

R2P Criteria: Reasonable Prospects

Support of citizens and Regional Organizations. Had the ability to save multiple lives. Resolution 1973, “all means necessary.”

R2P Criteria:Proportional Means

NATO air strikes killed civilians. Forces were there from March until October, but

NTC still requested help.

R2P Criteria: Right Intention

Original purpose was for humanitarian reasons. NATO pulled out shortly after Gaddafi's death,

coincidence? Can't be sure if regime change was a part of

intentions but....

R2P Criteria: Right Authority

Resolution 1973, Chapter VII of UN Charter, “all

means necessary.” But did not have consent of the Libyan

government...

Libya Today

Liberation of Libya occurred on Oct. 23rd 2011 October 31st 2011, NATO's operations ended. July 7th 2012, Libya had it's first parliamentary

elections since Gaddafi was in power. August 8th 2012, General National Congress

replaced the NTC and is responsible to form a new interim government and draft a new constitution.

Militias

During civil war armed militias started to form and continue to act as vigilante “guardians of the revolution.”

Violence between rival militias.

These groups have also taken thousands of suspected Gaddafi supporters prisoner.

September 11th 2012, militia group attacked U.S. diplomatic mission in Benghazi and killed the U.S. ambassador to Libya.

Citizens have protested against these militias and attacks they have committed.

Government has ordered some of these groups to disband.

Ending Notes

Regime change? Resolution 1973

First time UN authorized force against the wishes of a state. Will this happen in the future if needed?

Why no mention of international need to act? How will the use of R2P be affected from this

case? Conversation has moved from whether to how.

THANK YOU!