1. Sean Xiaosu Tian Erina Fuse Humanitarian Inverntion in Libya

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- Tunisia December 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. Egypt Inspired by the uprising in Tunisia, Egyptian Revolution took place. President Mubarak was convicted to life in prison.

7. Historical Background -Tribes and clan- Tripolitania Warfalla, Zuwarah, Zintan Sirte Qaddadfa, Magarha, Marharba Cyrenaica Zuwayya, Majabra, Abaydat Fezzan Tubou, 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 February Start of Libyan Civil War Most of Libya under control of Libyan opposition March Gaddafi’s force retakes the majority of cities UN Resolution 1973 adopted France, UK, US intervened in Libya NATO intervenes August End of Gaddafi’s regime October Gaddafi killed by the rebels

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

12. Timeline of Libyan Crisis March 17 UN votes to impose no-fly zone and take ‘all necessary measures’ to protect civilians. This was approved by 10 votes. March 19 French, 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 31 Starts Operation Unified Protector; arms embargo, no-fly zone and actions to protect civilian and civilian centers April 30 launches missile attack in Tripoli

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

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

19. Action of African Union 20 March Demanded ceasefire of the aerial bombing 30 June-1 July Malabo Summit: roadmap consultation, criticism on French army weapon provision 20 September National Transitional Council formally recognized as the Libyan new assembly

20. Action of Russia 19 March criticized aerial bombing of multinational military and demanded early ceasefire 1 September National 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 March Emergency escape of 3860 Chinese in Libya 20 March Shows Negation insights on the aerial bombing of multinational military (not a direct criticism) July Chinese FM Yang holds individual conference with Libyan FM Obeidi and Libyan executive chairman Jibril 22 August suggests 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 794 Resolution 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/liby a.nato.analysis/index.html http://edition.cnn.com/2011/WORLD/africa/08/19/liby a.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 Just Cause ○ Right Intention △ Last Resort ○/△○/△ Proportional Means △ Reasonable Prospects: short term ○ Reasonable Prospects: long term △ Right Authority ○/△○/△

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’ threat and 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 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.”

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

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