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Sean Xiaosu TianErina FuseHumanitarian Inverntion in LibyaIntroductionLibya

Lybia was rich in its oil resovoirs in the west side, ruled by Gaddafi and two thirds of their national income came from these oil resources.3Muammar Gaddafi1942-2011Libyan Revolutionary and PoliticianRuled Libya for 42 yearsRise in power at 1969 Coup d'tatSeeks unification of Africa and the Arab WorldLibyan Civil War

4Historical Background-Arab Spring-Tribes and Clan-Oil ResourcesHistorical 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.Historical Background-Tribes and clan-TripolitaniaWarfalla, Zuwarah, ZintanSirteQaddadfa, Magarha, MarharbaCyrenaicaZuwayya, Majabra, AbaydatFezzanTubou, Tuareg

Historical Background-Oil Resources-Rich in oil resource in the Eastern LibyaGaddafi focused development in Sirte and Tripoli

Crisis in LibyaLibyan Civil WarFebruary Start of Libyan Civil War Most of Libya under control of Libyan oppositionMarchGaddafis force retakes the majority of citiesUN Resolution 1973 adopted France, UK, US intervened in LibyaNATO intervenesAugustEnd of Gaddafis regimeOctober Gaddafi killed by the rebels

10Timeline of Libyan CrisisFebruary 16demonstrations on human activist took place at BenghaziThere is nothing serious here. These are just young people fighting each otherFebruary 23UN Secretary-General condemns egregious violation of human rights to crush the revoltFebruary 26UN imposes UN Resolution 1970

How UK and France took intiativeAllies, Arab leagues and African unions helpsSupport

February 26sanctions include, arms embargo, asset freeze and travel bans for Gaddafi and his associates.Gaddafis crime against humanity

11Timeline of Libyan CrisisMarch 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 people10 votes: no opposing cotes on the 15 member councilbut China, Russia, Germany, India and Brazil abstain

March 19more than 110 tomahawk missled fired from US and UK ships and submarines hit about 20 libyan air and missle defence targets

12UN Resolution 1970Adopted on 26 February 2011

Immediate end of violence and to respect international humanitarian and human rights lawArms embargo Prevention of mercenariesAsset freeze for Gaddafi and his relativesTravel ban for the members closely related to the Gaddafi regime

Because Gaddafi forces carried out aerial bombings in Tripoli over civilian protesters, it drew a widespread condemnation.Under pressure from mutinying Libyan diplomats , the UN was brought to act

13UN Resolution 1973Adopted on 17 March 2011

Complete end to violence and all attacks and abuse of civiliansNo-fly zone over LibyaAuthorizes all necessary means to protect civilians and civilian-populated areasBan on all Libyan designated flightsStrengthens arms embargo and action against mercenariesAsset freeze on assets owned by Libyan authoritiesExtends travel ban and assets freeze of resolution 1970

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

Action of NATOMarch 31Starts Operation Unified Protector; arms embargo, no-fly zone and actions to protect civilian and civilian centersApril 30launches missile attack in Tripoli

Action of NATOJune 1NATO extends its mission for 90 daysJune 27International Criminal Courtissued arrest warrants for Gaddafi and his brother in law for crimes against humanity including murder and persecutionAugust 18International Criminal Court plans to negotiate the transfer of Gaddafi and his members for crime against humanityAugust 24Rebels captured Gaddafis son and controlled Tripoli

17Action of Arab League22 FebruaryCriticized indiscriminate bombing and mercenarys use of heavy weapons12 MarchCall on security council to impose no-fly zone over Libya20 MarchMoussa (Egyptian diplomat) criticizes that bombing is not the aim of no-fly zone28 AugustNational Transitional Council formally recognized as the Libyan new assemblyAction of African Union20 MarchDemanded ceasefire of the aerial bombing30 June-1 JulyMalabo Summit: roadmap consultation, criticism on French army weapon provision20 SeptemberNational Transitional Council formally recognized as the Libyan new assemblyAction of Russia19 Marchcriticized aerial bombing of multinational military and demanded early ceasefire1 SeptemberNational Transitional Council formally recognized as the Libyan new assembly21 OctoberRussian FM Lavrov criticizes NATO that the resolution did not aim to murder GaddafiAction of China23 February 8 MarchEmergency escape of 3860 Chinese in Libya20 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 Jibril22 Augustsuggests approval of National Transitional Council

Recap: conventional wisdomNationwide peaceful democratic uprising vs. ruthless dictatorGaddafis bloody agenda for ethnic cleansing, killed thousands of peaceful protestersGaddafi threatened a bloodbath in BenghaziNATO intervened on legitimate ground and was able to address the widespread humanitarian crisis in LibyaConclusion: NATO prevented a Rwandan like genocide; actions in Libya marks a triumph for R2P

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 communityLegally, morally and politically it has only one justification for the use of force: protect innocent civilians

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 R2PSimilar cases in the past: Resolution 794Resolution 929

Libya: the R2P test case?Libya is an exceptional case in 4 ways *Gaddafis actions and words threatened massive scale of ethnic cleansing

*Notorious standing of Gaddafis regime in the region

*Conflict broke out in an extremely short time frame *little geopolitical significance of the country

Criticisms on International CommunityCriticism #1Resolution 1973 was not tightly drawnNATOs actions had exceeded the UN ResolutionCriticisms from Russia, China, India, Brazil, and South Africahttp://edition.cnn.com/2011/WORLD/africa/08/19/libya.nato.analysis/index.htmlcivilian protection vs. regime change The desire to protect innocent civilians gave rise to UN Resolution, but the operation switched its objective to regime change4 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 offersLikely consequences of NATOs overly expansive interpretation of Resolution 1973Criticism #2Should (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 RussiaFuture outlook: Syria?

Evaluation R2P criterionJust CauseRight IntentionLast Resort/Proportional MeansReasonable Prospects: short termReasonable Prospects: long term

Right Authority/Just Cause:

ICISS report: military intervention for the purpose of protecting civilians can be justified: large scale loss of life or ethnic cleansing Gaddafis ominous cockroaches threat and promised cleansingJust 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 dangerIntervention was taken place on a multilateral basis and supported by regional opinions and people for whose benefit is intendedCritics: the goal of protecting civilians became subordinated to the goal of overthrowing the regimeLast 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 Gaddafis forces were closing on Benghazi, left the SC a binary optionCritics: little effort has been devoted into searching for a diplomatic solution

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 NATOs airstrikes to soften pro-Gaddafi area Amr Moussa: 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.

Reasonable Prospects: short term: NATO-led airstrike operation has achieved the humanitarian objective as it halted the humanitarian crisis in LibyaReasonable Prospects: short term: Murky: gun battles between rival militias, weak governance and enforcement force, national instabilityWhether 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

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 endBy taking the side with the rebels and directly targeting Qadhafi, NATOs actions exceeded the UN mandate in breach of the Charter Law

Current Situation in LibyaPost-War LibyaFirst free election in the last six decades, took place on July 7,2012New 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 http://www.youtube.com/watch?v=XNThGzKkcLYRegional SpilloverTransit hub for terrorists: porous border and weak governance

Weapons proliferation from Libya

Tuareg rebellion IDPs Secession and coup in Mali