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Humanitarian Inverntion in Libya

Humanitarian Inverntion in Libya. Sean Xiaosu Tian Erina Fuse. Introduction. Libya. Muammar Gaddafi. 1942-2011 Libyan Revolutionary and Politician Ruled Libya for 42 years Rise in power at 1969 Coup d'état Seeks unification of Africa and the Arab World Libyan Civil War.

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Humanitarian Inverntion in Libya

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  1. Humanitarian Inverntion in Libya Sean XiaosuTian Erina Fuse

  2. Introduction

  3. Libya

  4. Muammar Gaddafi • 1942-2011 • Libyan Revolutionary and Politician • Ruled Libya for 42 years • Rise in power at 1969 Coup d'état • Seeks unification of Africa and the Arab World • Libyan Civil War

  5. Historical Background -Arab Spring -Tribes and Clan -Oil Resources

  6. Historical Background-Arab Spring- • TunisiaDecember 2010, series of violent demonstrations started in Tunisia. Ben Ali who dictated Tunisia for 23 years fled into exile. Transition to democracy started with new administration. • EgyptInspired by the uprising in Tunisia, Egyptian Revolution took place. President Mubarak was convicted to life in prison.

  7. Historical Background-Tribes and clan- • TripolitaniaWarfalla, Zuwarah, Zintan • SirteQaddadfa, Magarha,Marharba • CyrenaicaZuwayya, Majabra, Abaydat • FezzanTubou, Tuareg

  8. Historical Background-Oil Resources- • Rich in oil resource in the Eastern Libya • Gaddafi focused development in Sirte and Tripoli

  9. Crisis in Libya

  10. Libyan Civil War • FebruaryStart of Libyan Civil War Most of Libya under control of Libyan opposition • MarchGaddafi’s force retakes the majority of citiesUN Resolution 1973 adopted France, UK, US intervened in LibyaNATO intervenes • AugustEnd of Gaddafi’s regime • October Gaddafi killed by the rebels

  11. Timeline of Libyan Crisis • February 16demonstrations on human activist took place at Benghazi‘There is nothing serious here. These are just young people fighting each other’ • February 23UN Secretary-General condemns egregious violation of human rights to crush the revolt • February 26UN imposes UN Resolution 1970

  12. Timeline of Libyan Crisis • March 17UN votes to impose no-fly zone and take ‘all necessary measures’ to protect civilians. This was approved by 10 votes. • March 19French, UK, US military forces began their first action for no-fly zone ‘to deny the Libyan regime from using force against its own people’

  13. UN Resolution 1970 Adopted on 26 February 2011 • Immediate end of violence and to respect international humanitarian and human rights law • Arms embargo • Prevention of mercenaries • Asset freeze for Gaddafi and his relatives • Travel ban for the members closely related to the Gaddafi regime

  14. UN Resolution 1973 Adopted on 17 March 2011 • Complete end to violence and all attacks and abuse of civilians • No-fly zone over Libya • Authorizes ‘all necessary means to protect civilians and civilian-populated areas’ • Ban on all Libyan designated flights • Strengthens arms embargo and action against mercenaries • Asset freeze on assets owned by Libyan authorities • Extends travel ban and assets freeze of resolution 1970

  15. Action of International Community -NATO -Arab League -African Union -Russia -China

  16. Action of NATO • March 31Starts Operation Unified Protector; arms embargo, no-fly zone and actions to protect civilian and civilian centers • April 30launches missile attack in Tripoli

  17. Action of NATO • June 1NATO extends its mission for 90 days • June 27International Criminal Courtissued arrest warrants for Gaddafi and his brother in law for crimes against humanity including murder and persecution • August 18International Criminal Court plans to negotiate the transfer of Gaddafi and his members for crime against humanity • August 24Rebels captured Gaddafi’s son and controlled Tripoli

  18. Action of Arab League • 22 FebruaryCriticized indiscriminate bombing and mercenary’s use of heavy weapons • 12 MarchCall on security council to impose no-fly zone over Libya • 20 MarchMoussa (Egyptian diplomat) criticizes that bombing is not the aim of no-fly zone • 28 AugustNational Transitional Council formally recognized as the Libyan new assembly

  19. Action of African Union • 20 MarchDemanded ceasefire of the aerial bombing • 30 June-1 JulyMalabo Summit: roadmap consultation, criticism on French army weapon provision • 20 SeptemberNational Transitional Council formally recognized as the Libyan new assembly

  20. Action of Russia • 19 Marchcriticized aerial bombing of multinational military and demanded early ceasefire • 1 SeptemberNational Transitional Council formally recognized as the Libyan new assembly • 21 October • Russian FM Lavrov criticizes NATO that the resolution did not aim to murder Gaddafi

  21. Action of China • 23 February – 8 MarchEmergency escape of 3860 Chinese in Libya • 20 MarchShows Negation insights on the aerial bombing of multinational military (not a direct criticism) • JulyChinese FM Yang holds individual conference with Libyan FM Obeidi and Libyan executive chairman Jibril • 22 Augustsuggests approval of National Transitional Council

  22. Recap: conventional wisdom • Nationwide peaceful democratic uprising vs. ruthless dictator • Gaddafi’s bloody agenda for ethnic cleansing, killed thousands of peaceful protesters • Gaddafi threatened a bloodbath in Benghazi • NATO intervened on legitimate ground and was able to address the widespread humanitarian crisis in Libya • Conclusion: NATO prevented a Rwandan like genocide; actions in Libya marks a triumph for R2P

  23. Libya: the R2P test case? • The origin of R2P • If a state is unable to protect its civilians from genocide, war crimes, ethnic cleansing and crimes against humanity, then the responsibility to protect falls on the international community • Legally, morally and politically it has only one justification for the use of force: protect innocent civilians

  24. Libya: the R2P test case? • Libya: UNSC authorized the use of force for human protection purpose without the consent of host state for the first time since the adoption of R2P • Similar cases in the past: Resolution 794Resolution 929

  25. Libya: the R2P test case? • Libya is an exceptional case in 4 ways *Gaddafi’s actions and words threatened massive scale of ethnic cleansing *Notorious standing of Gaddafi’s regime in the region *Conflict broke out in an extremely short time frame *little geopolitical significance of the country

  26. Criticisms on International Community

  27. Criticism #1 • Resolution 1973 was not tightly drawn • NATO’s actions had exceeded the UN Resolution • Criticisms from Russia, China, India, Brazil, and South Africa

  28. http://edition.cnn.com/2011/WORLD/africa/08/19/libya.nato.analysis/index.htmlhttp://edition.cnn.com/2011/WORLD/africa/08/19/libya.nato.analysis/index.html

  29. civilian protection vs. regime change • The desire to protect innocent civilians gave rise to UN Resolution, but the operation switched its objective to regime change • 4 key pieces of evidence*Targeted retreating security forces*Targeted security forces in areas that were strongholds for Gaddafi*Provided intelligence and arms to rebels *Continued bombing after rebels rejected cease-fire offers • Likely consequences of NATO’s overly expansive interpretation of Resolution 1973

  30. Criticism #2 • Should (which) regional organizations be given the gatekeeping role when relevant institutions adopt different positions on the authorization of force? • Gulf Cooperation Council (GCC), the Organization of Islamic Cooperation (OIC), the League of Arab States (LAS) and African Union (AU) • The League of Arab States played a decisive role in changing the U.S. foreign policy and brokering the deal with China and Russia • Future outlook: Syria?

  31. Evaluation

  32. R2P criterion

  33. Just Cause: ○ • ICISS report: military intervention for the purpose of protecting civilians can be justified: large scale loss of life or ethnic cleansing • Gaddafi’s ominous ‘cockroaches’ threatand promised cleansing

  34. Just Intention: △ • Is civilian protection the ultimate goal or is there an ulterior motive behind the intervention? • NATO established no-fly zone and protected the Libyan people from imminent danger • Intervention was taken place on a multilateral basis and supported by regional opinions and people for whose benefit is intended • Critics: the goal of protecting civilians became subordinated to the goal of overthrowing the regime

  35. Last Resort: ○/△ • The last resort criterion requires alternative measures be attempted before resorting to military force. • Resolution 1970: Arms embargo, assets freeze, travel ban and referring the case to ICC • Gaddafi’s forces were closing on Benghazi, left the SC a binary option • Critics: little effort has been devoted into searching for a diplomatic solution

  36. Proportional Means: △ • The scale of the intervention should be the minimum necessary to secure the humanitarian objective in question. • NATO-led operations alleviate humanitarian crisis in Libya, but the military actions had gone out of the scope that they were originally agreed to. • Rebels relied on NATO’s airstrikes to soften pro-Gaddafi area • AmrMoussa: “What is happening in Libya differs from the aim of imposing a no-fly zone. What we want is the protection of civilians and not the shelling of more civilians.”

  37. Reasonable Prospects: short term: ○ • NATO-led airstrike operation has achieved the humanitarian objective as it halted the humanitarian crisis in Libya Reasonable Prospects: short term: △ • Murky: gun battles between rival militias, weak governance and enforcement force, national instability • Whether the prompt response to the humanitarian crisis in Libya reflects a paradigm shift that has found its discursive manifestation in new international norm of the R2P remains uncertain

  38. Right Authority: ○/△ • The intervention was authorized by the UNSC through the adoption of Resolution 1973. • The resolution specified the purpose of the use of force to protect civilians and limited the means to achieve that specific end • By taking the side with the rebels and directly targeting Qadhafi, NATO’s actions exceeded the UN mandate in breach of the Charter Law

  39. Current Situation in Libya

  40. Post-War Libya • First free election in the last six decades, took place on July 7,2012 • New government: constitutional democracy respecting political pluralism and human rights? • Oil rich, eastern Libya threatens secession • Militia violence and turf wars have kept the country in chaos*The ethnic cleansing of “black” town of Tawergha*Military assaults on the U.S. Consulate in Benghazi in 2012

  41. http://www.youtube.com/watch?v=XNThGzKkcLY

  42. Regional Spillover • Transit hub for terrorists: porous border and weak governance • Weapons proliferation from Libya Tuareg rebellion IDPs Secession and coup in Mali

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