Libya

1. Libya • Civil War & Transition 2011

2. Outline • Historical Background • Key Event • Action of Intl’ Community • Characteristics of Libya Case • RtoP Criteria • Conclusion

3. Historical BackgroundBasic Factors of Libya • North African country • Capital: Tripoli • Language: Arabic • Population: 5.7 million • Religion: 97% Muslim • Economy: Mainly depends on oil sector

4. Historical BackgroundHistory of Libya • 1911-1943 Occupied by Italians. • 1943-1951 Occupied by British (Tripolitania & Cyrenaica) & French (Fezzan) • 1951 Declared independence as United Kingdom of Libya • 1951-1969 Kingdom of Libya (King Idris) • 1969-2011 Under Gaddafi’s administration • 2011-present National Transitional Council

5. Historical BackgroundLibya Under Gaddafi Administration • In office: 1969-2011 • Official leader of Libya Arab Republic 1969-1977 • “Brother leader” of Libyan Arab Jamahiriya • Killed by NLA fighters on Oct 20, 2011(age 69)

6. Historical BackgroundThe Arab Spring (aka. Arab Awakening) • Began on Dec 18, 2010

7. Key EventsLibyan Revolution (Feb-Oct, 2011) Feb 26 UNSCR 1970 Feb 27 Establishment of NTC Feb 15 Demonstration in Benghazi Indiscriminate Attack against Civilians

8. Key EventsLibyan Revolution (Feb-Oct, 2011) Oct 30 Ending of NATO Campaign Oct 17 Capture and Death of Gaddafi Oct 23 Ending of Conflict declared by NTC Mar 17 UNSCR 1973 Aug 23 Fall of Tripoli

9. Action of the Intl’ Community • UNSCR 1970 (Feb 26, 2011) • Recognition of NTC • UNSCR 1973 (Mar 17, 2011)

10. Action of the Intl’ Community UNSCR 1970 • Unanimously adopted on 26 Feb • Demanded immediate cessation of violence • Non-violent sanctions (arms embargo, travel ban, asset freeze) • Referred the case to ICC

11. Action of the Intl’ Community Recognition of NTC • France (Mar 1) “legitimate representative of the Libyan people” • Qatar, Maldives, Italy, Gambia, UK, Senegal, Jordan, Malta, Spain, Australia, UAE, Germany, Canada….. • UN recognition (Sep 16) • Arab League (Sep 20)

12. Action of the Intl’ Community UNSCR 1973

13. Action of the Intl’ Community UNSCR 1973 • Proposed by France, UK and Lebanon • Adopted on 17 March • Immediate ceasefire • Establishment of no-fly zone • Use all necessary measures for protecting civilians and civilian populated areas (without the consent of Libya) • No ground operation, in the limited duration

14. Action of the Intl’ Community Situation of the UN • 2001 Report (ICISS) • 2005 World Summit • “right” of intervention →“responsibility” to protect • “whether to act” →“how to act” • It became harder for states to stay aside

15. Action of the Intl’ Community Situation of the US • “Leading from behind” • Domestic and international cost of actions in Iraq and Afghanistan →reluctant to intervention • “America cannot use our military wherever repression occurs. And given the costs and risks of intervention, we must always measure our interests against the need for action.” • A lead role in the initial air strikes was assumed by France, and the entire operation was later handed over to NATO

16. Characteristics of Libyan Case • Extraordinary clarity of threat of mass atrocity crime • Role played by regional organizations • Taking one side (partiality)

17. Characteristics of Libyan Case Clarity of Mass Atrocity • “Officers have been deployed in all tribes and regions so that they can purify all decisions from cockroaches” (like Rwanda) • “All Libyan who takes army against Libya will be executed” • In the face of Gaddafi’s record and his public utterances, states couldn’t plausibly argue that the threat of mass atrocities was not real. • Benghazi’s imminent collapse showed the threat was imminent

18. Characteristics of Libyan Case Regional Organizations • The role of regional organizations had important meanings • Arab League, GCC, OIC supported no-fly zone • All African states in the Council supported UN Resolution 1973 • China and Russia abstained (instead of using veto ) • It changed US attitude from skepticism about intervention in Libya to forcible advocacy.

19. Characteristics of Libyan Case Taking One Side • One of genuine (impartiality)→ one of taking sides • Resolution 1973 was adopted not only for the protection of civilians, but also for the protection of “civilian populated areas” • It’s clear that international community took “one side” and restricted the movement of another. • With Libyan case, the Council is reasserting its right to point its finger at the “wrongdoer.”

20. RtoP Criteria • Just Cause ◎ • Right Intention ◎/△ • Last Resort ◎ • Proportional Means △ • Reasonable Prospect • Legitimate Authority

21. RtoP CriteriaJust Cause • Libyan government employed various war tools against demonstrations and funeral processions. • Security forces targeted paramedics. • Injured demonstrators were refused access to hospitals and ambulance transport. • etc. Apprehended large scale loss of life.

22. RtoP CriteriaRight Intention • Responsibility to protect Libyan civilian • Arab Spring - demand of democracy and social reform • Supporting NLA • *Political interests to halt or avert humanitarian suffering supported by regional opinion and victims.

23. RtoP CriteriaLast Resort • Statements denouncing Gaddafi’s atrocities • UNSCR 1970 • International Criminal Court • Arrest warrant by Interpol Absence of viable alternative non-military option

24. RtoP CriteriaProportional Means • Non-fly zone (Mar 17) • Regular Strike Mission • Duration: Feb 15 ~ Oct 23, 2011 (8 months and 8 days) • Casualties: 25,000 ~ 30,000 killed, 4,000 missing ( from both side)

25. RtoP CriteriaReasonable Prospect • Gaddafi’s unpopularity • Regional support • Foreseeable massacre in Benghazi • Imminent collapse of Benghazi Viable military intervention and effective reduce of humanitarian suffering.

26. RtoP CriteriaLegitimate Authority • UNSC adopted UNSCR 1973 with 10 approval, 5 abstention and 0 opposition. • Responsibility to Protect.

27. ConclusionFailure of Intl’ Community • Murder of Gaddafi • Accidental Injury of Civilian

28. ConclusionCurrent Situation of Libya • Run by NTC • Recognition of NTC by UN General Assembly with 114 approval, 17 opposition and 15 abstention. • Recovering

29. Thank you!!!!