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31. The Status and Future of International Law after the Libya Intervention

Author:
Pierre Thielbörger
Publication Date:
06-2012
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
This article uses the case of the Libya intervention to address three general claims about international law. Firstly, it examines whether the reliance of the intervention on the mechanisms of collective security under the UN Charter suggests that international law relating to peace and security has finally overcome its post-9/11 crisis. It concludes that the resolution's vague wording – which makes the distinction between what is “legal” under the resolution, and what is not, hard to draw – undermines such an assumption. Secondly, it explores whether the Libya intervention has put new emphasis on what has been termed the “emerging right of democratic governance”. In spite of the underlying democracy-enhancing spirit of the execution of the intervention, Resolution 1973 was exclusively written in the language of human rights. It did little to indicate a changed attitude of States towards a norm of democratic governance. Finally, the article examines whether the case of Libya shows a renewed international attitude towards States which violate the most fundamental human rights of their citizens. The article concludes by suggesting that, in this third respect, a more muscular liberalism is indeed on the rise again in international law, challenging the formerly almighty concept of State sovereignty. In contributing to this subtle transformation, the Libyan case has made a genuine contribution to the development of the international legal order.
Topic:
Security, Human Rights, and International Law
Political Geography:
America, Libya, and United Nations

32. Introduction

Author:
Antonio Franceschet
Publication Date:
04-2012
Content Type:
Journal Article
Institution:
Carnegie Council
Abstract:
Within a short period the International Criminal Court (ICC) has become central to world politics. The dramatic diplomatic process that produced the Rome Statute in 1998 was followed by an unexpectedly rapid succession of state ratifications and the establishment of the court in 2002. As of late 2011 the ICC has indicted twenty-six individuals related to seven official investigations, all in Africa. Proceedings against one of these individuals were dismissed. Two other indictments, including one for Libya's Muammar Qaddafi, became moot because the individuals were killed before arrest or trial. The remaining list includes a sitting head of state, Sudanese president Omar al-Bashir, as well as Kenya's sitting deputy prime minister, Uhuru Kenyatta. The United Nations Security Council referred both the Sudan and Libya situations to the court; three African states requested investigations of their own situations. The ICC prosecutor independently started an investigation in Kenya. Despite efforts by Kenyan state officials to halt ICC proceedings related to the widespread violence and killings following the 2007 national elections, opinion polls suggest that 73 percent of Kenyans want the ICC to remain involved.
Topic:
Security
Political Geography:
Kenya, Africa, Sudan, Libya, and United Nations

33. The Rise of the Islamists

Author:
Shadi Hamid
Publication Date:
05-2011
Content Type:
Journal Article
Journal:
Foreign Affairs
Institution:
Council on Foreign Relations
Abstract:
For decades, U.S. policy toward the Middle East has been paralyzed by "the Islamist dilemma" -- how can the United States promote democracy in the region without risking bringing Islamists to power? Now, it seems, the United States no longer has a choice. Popular revolutions have swept U.S.-backed authoritarian regimes from power in Tunisia and Egypt and put Libya's on notice. If truly democratic governments form in their wake, they are likely to include significant representation of mainstream Islamist groups. Like it or not, the United States will have to learn to live with political Islam. Washington tends to question whether Islamists' religious commitments can coexist with respect for democracy, pluralism, and women's rights. But what the United States really fears are the kinds of foreign policies such groups might pursue. Unlike the Middle East's pro-Western autocracies, Islamists have a distinctive, albeit vague, conception of an Arab world that is confident, independent, and willing to project influence beyond its borders. There is no question that democracy will make the region more unpredictable and some governments there less amenable to U.S. security interests. At their core, however, mainstream Islamist organizations, such as the Muslim Brotherhood in Egypt and Jordan and al Nahda in Tunisia, have strong pragmatic tendencies. When their survival has required it, they have proved willing to compromise their ideology and make di⁄cult choices. To guide the new, rapidly evolving Middle East in a favorable direction, the United States should play to these instincts by entering into a strategic dialogue with the region's Islamist groups and parties. Through engagement, the United States can encourage these Islamists to respect key Western interests, including advancing the Arab-Israeli peace process, countering Iran, and combating terrorism. It will be better to develop such ties with opposition groups now, while the United States still has leverage, rather than later, after they are already in power.
Topic:
Security and Terrorism
Political Geography:
United States, Middle East, Libya, Egypt, and Tunisia

34. Who's Afraid of the International Criminal Court?

Author:
David A. Kaye
Publication Date:
05-2011
Content Type:
Journal Article
Journal:
Foreign Affairs
Institution:
Council on Foreign Relations
Abstract:
Last February, soon after Libyan leader Muammar al-Qaddafi unleashed his forces against civilian protesters, the United Nations Security Council unanimously voted to refer the situation in Libya to the International Criminal Court. Days later, the ICC's chief prosecutor, Luis Moreno-Ocampo, announced the launch of an investigation of members of the Qaddafi regime, promising, "There will be no impunity in Libya." With the UN Security Council injecting the court into one of the year's biggest stories, the ICC may seem to have become an indispensable international player. It already is looking into some of the gravest atrocities committed in recent decades -- in the Democratic Republic of the Congo, Sudan, and Uganda, among others -- and its investigation into the 2007 election-related violence in Kenya is shaking up that country's elite. But a closer look suggests that the ICC's sleek office building on the outskirts of The Hague houses an institution that is still struggling to find its footing almost a decade after its creation. The court has failed to complete even one trial, frustrating victims as well as the dozens of governments that have contributed close to $1 billion to its budget since 2003. The ICC's first trial was nearly dismissed twice. Its highest-profile suspects -- Sudanese President Omar al-Bashir and Joseph Kony, the leader of the Lord's Resistance Army (LRA), the rebel group that has terrorized northern Uganda and neighboring areas -- have thumbed their noses at the court and are evading arrest. And with all six of the ICC's investigations involving abuses in Africa, its reputation as a truly international tribunal is in question.
Topic:
Security and United Nations
Political Geography:
Uganda, Sudan, Libya, and Democratic Republic of the Congo

35. Sifting Through the Layers of Insecurity in the Sahel: The Case of Mauritania

Author:
Cédric Jourde
Publication Date:
09-2011
Content Type:
Policy Brief
Institution:
Africa Center for Strategic Studies
Abstract:
Until recently, the Sahel (as-Sahil), literally the “shore” of the Saharan “sea,” rarely made headlines. Nevertheless, the expanding nexus of illicit trafficking and transnational Islamist terrorism—and the increasingly serious risk this poses to stability in the region and to international security—is attracting growing attention. These concerns will likely mount as al Qaeda in the Islamic Maghreb (AQIM) attempts to use the window of opportunity presented by the Arab Spring to reestablish itself in North Africa while transitional governments there devote much of their energy to rebuilding state institutions. In turn, an unstable North Africa, especially Libya, could further exacerbate insecurity in the Sahel as unsecured weapons and trained mercenaries filter their way into the region.
Topic:
Security, Crime, and Narcotics Trafficking
Political Geography:
Africa, Libya, Arabia, and Mauritania

36. The new politics of protection? Côte d'Ivoire, Libya and the responsibility to protect

Author:
Alex J Bellamy and Paul D Williams
Publication Date:
07-2011
Content Type:
Journal Article
Institution:
Chatham House
Abstract:
The international responses to recent crises in Côte d'Ivoire and Libya reveal a great deal about the UN Security Council's approach to human protection. The Council has long authorized peacekeepers to use 'all necessary means' to protect civilians, in contexts including Haiti, the Democratic Republic of Congo (DRC), Sudan, Liberia, Sierra Leone, Burundi and Côte d'Ivoire. But Resolution 1973 (17 March 2011) on the situation in Libya marked the first time the Council had authorized the use of force for human protection purposes against the wishes of a functioning state. The closest it had come to crossing this line previously was in Resolutions 794 (1992) and 929 (1994). In Resolution 794, the Council authorized the Unified Task Force to enter Somalia to ease the humanitarian crisis there, but this was in the absence of a central government rather than against one—a point made at the time by several Council members. In Resolution 929 (1994), the Security Council authorized the French-led Operation Turquoise to protect victims and targets of the genocide then under way in Rwanda; this mission enjoyed the consent of the interim government in Rwanda as well as its armed forces. In passing Resolution 1973, the Council showed that it will not be inhibited as a matter of principle from authorizing enforcement for protection purposes by the absence of host state consent. Although its response in Libya broke new ground, it grew out of attitudes and processes evident well before this particular crisis. Most notably, the Council had already accepted—in Resolutions 1674 (2006) and 1894 (2009)—that it had a responsibility to protect civilians from grave crimes, and this was evident in a shift in the terms of its debates from questions about whether to act to protect civilians to questions about how to engage.
Topic:
Security, Government, and Politics
Political Geography:
Paris, Libya, United Nations, Balkans, Netherlands, Rwanda, Alabama, Ninewa, and Lower Dir

37. The new politics of protection? Côte d'Ivoire, Libya and the responsibility to protect

Author:
Alex J Bellamy and Paul D Williams
Publication Date:
07-2011
Content Type:
Journal Article
Institution:
Chatham House
Abstract:
In March 2011, the UN Security Council authorized the use of force to protectcivilians in Libya. This was the first time that the Council has ever authorized theinvasion of a functioning state for such purposes. International society's relativelydecisive responses to recent crises in Côte d'Ivoire and Libya has provoked significantcommentary, suggesting that something has changed about the way the worldresponds to violence against civilians. Focusing on these two cases, this articleexamines the changing practice of the UN Security Council. It argues that we areseeing the emergence of a new politics of protection, but that this new politics hasbeen developing over the past decade. Four things are new about this politics ofprotection: protecting civilians from harm has become a focus for internationalengagement; the UN Security Council has proved itself willing to authorize theuse of force for protection purposes; regional organizations have begun to play therole of 'gatekeeper'; and major powers have exhibited a determination to workthrough the Security Council where possible. However, the cases of Côte d'Ivoireand Libya also help to highlight some key challenges that might halt or reverseprogress. Notably, states differ in the way they interpret mandates; questions arebeing asked about the UN's authority to act independently of specific SecurityCouncil authorizations; the overlap of regional organizations sometimes sendsconflicting messages to the Security Council; and there remains a range of difficultoperational questions about how to implement protection mandates. Withthese in mind, this article concludes with some suggestions about how the futurechallenges might be navigated in order to maintain the progress that has been madein the past decade.
Topic:
Security and United Nations
Political Geography:
Libya

38. Striking a Balance Between Norms and Interests in Italian Foreign Policy: The Balkans and Libya

Author:
Valérie Vicky Miranda
Publication Date:
05-2011
Content Type:
Working Paper
Institution:
Istituto Affari Internazionali
Abstract:
To what extent is foreign policy driven by norms and/or by interests? Considering the main trends of Italian foreign policy after World War II and two case studies, the Balkans and Libya, this paper investigates the role played by norms and interests and the interconnection between the two in Italian foreign policy. In the Balkans, norms and interests have neatly dovetailed: supporting democratization and the rule of law has also meant furthering Italian security and economic interests in the region. By contrast, Libya was the theatre of an essentially interest-driven foreign policy. Nevertheless, the Italian government's response to the Libyan crisis between March and May 2011 has interestingly marked a rupture from the recent past.
Topic:
Security, Foreign Policy, Economics, and International Trade and Finance
Political Geography:
Bosnia, Libya, Kosovo, Balkans, North Africa, and Italy

39. Opting for Second Best in Libya?

Author:
Riccardo Alcaro
Publication Date:
05-2011
Content Type:
Working Paper
Institution:
Istituto Affari Internazionali
Abstract:
The looming stalemate in the Libyan conflict is likely to lead to more civilian casualties, a de facto separation of Libya, the under-use of the country's energy resources, and an increase in illegal activities due to the legal and governance vacuum in the country. In addition, it risks denting NATO's credibility as a security provider. To break the stalemate, the coalition is leaning towards intensifying military operations and/or arming the rebels. Both imply a number of risks and political costs. A way to contain such risks and costs would be for NATO and its partners to re-calibrate the mission so that, alongside military action, the mission would foresee also a national reconciliation process, mediated by an international team. Linking military operations to a credible plan for Libya's political future would improve the odds for Gheddafi's regime to collapse.
Topic:
Security, NATO, and Oil
Political Geography:
United States, Libya, Arabia, and United Nations

40. Qatar and Expanded Contours of Small State Diplomacy

Author:
Bessma Momani and Andrew F. Cooper
Publication Date:
09-2011
Content Type:
Journal Article
Journal:
The International Spectator
Institution:
Istituto Affari Internazionali
Abstract:
It is increasingly obvious that Qatar is playing above its weight in the international role. There is no one script that defines Qatar's diplomatic role. It is best seen as a maverick, willing to work with the US as well as Hamas, Hezbollah and Iran. It operates a complex form of public diplomacy via Al-Jazeera and other high profile initiatives at the same time as it mediates behind the scenes with Israel and Lebanon. Qatar's role as a unique hybrid diplomatic actor is reinforced by the enthusiastic support it displayed towards the revolutions in Tunisia, Egypt and Libya, including operational support for the UN Security Resolution to place a no-fly zone with respect to the Qaddafi's regime, while being more circumspect on the uprising in Bahrain. Such an extensive, unconventional and differentiated approach creates risks as well as opportunities. Yet, through a combination of resources and vision, it is skilled resilience not vulnerability that defines Qatar.
Topic:
Security, Diplomacy, and United Nations
Political Geography:
Iran, Libya, Egypt, Bahrain, Tunisia, and Dublin