African Leaders and ICC Intervention in Libya - Assignment Example

Running Header: UN Security Council and the ICC using Security Council Resolution 1970 (2011) and Security Council Resolution 1973 (2011) in Libya Student’s Name: Lecturer’s Name: Course: Date Submitted: Contents Introduction…………………………………………………………………………………..2 African Leaders and ICC Intervention in Libya……………………………………………...3 Security Council Resolution 1970 (2011)……………………………………………………4 Sanctions Imposed On Gaddafi………………………………………………………………6 1. Referral of Civil Unrest to the ICC………………………………………………......7 2. Arms Embargo………………………………………………………………………..7 3. Travel Ban…………………………………………………………………………....7 4. Asset Freeze………………………………………………………………………….7 Security Council Resolution 1973 (2011)……………………………………………………8 Comparison between SCR 1970 and SCR 1973…………………………………………….9 Prospects for Libya………………………………………………………………………….11 Conclusion…………………………………………………………………………………..11 Bibliography………………………………………………………………………………...13 Introduction Libya citizens instigated peaceful protests against Colonel Muammar Gaddafi and his regime in February 2011 after Egypt’s and Tunisia’s popular revolts.1 These two countries are close neighbours to Libya and they succeeded in rebelling against poor leadership. Libyans started to protest peacefully against Gaddafi’s regime but they were met with heavy military force that caused hundreds of civilian casualties and deaths within a few days. International organizations such as Arab League, Organization of Islamic Conference (OIC), African Union and United Nations (UN) condemned Gaddafi’s regime for responding to peaceful protestors with military force. Muammar Gaddafi refused to cease fire even after officials of these organizations personally asked him to spare the lives of peaceful civilians.2 He later showed signs of restraint and ceased fire after the UN adopted the Security Council Resolution (SCR) 1973. United Nations Security Council referred Libya’s unrest to the International Criminal Court (ICC) by unanimously passing Security Council Resolution 1970 (2011).3 Resolution 1970 (2011) was part of a set of Security Council measures imposed on Muammar Gaddafi’s regime which included arms embargo, assets freeze and travel ban of Gaddafi and any of his family members to other countries. This resolution was the first measure taken by the United Nations to protect the lives of Libyan citizens after Gaddafi released his military force to peaceful protestors. African Leaders and ICC Intervention in Libya African Union has condemned the actions of Muammar Gaddafi in attacking Libya civilians using military force. According to Plessis & Louw (2011 pp. 1) Resolution 1973 authorizes the use of any means necessary to protect the lives of civilians excluding foreign occupation in Libyan territory.4 This resolution encourages rebels to carry out whatever measures they can to protect the lives of civilians and impose of No-Fly zones. African Union however criticizing the intervention by the ICC to resolve civil unrest in Libya. Many African leaders are under investigations for crimes against humanity for example in Kenya after the post election violence and civil unrest in Sierra Leon caused by blood diamonds. The stand taken by African leaders will hinder future civilian protection from war crimes because it will encourage Gaddafi to cling to power and destroy the lives of many people using military force. In Sierra Leon, rebels who terrorized their fellow neighbours were given international amnesty and incorporated into the community without paying for the crimes they committed. This feature forms a weakness in the ICC’s operations to deal with perpetrators of crimes against humanity in African countries. In Paragraph four of the Security Council Resolution 1973 clearly limits engagement by foreign countries who are not member of the Security Council to help resolve civil unrest in Libya.5 United Nations referred the situation in Libya to the ICC so that the killing of civilians will be considered as war against humanity by top officials in the Gaddafi regime. Security Council Resolution 1970 imposed sanctions to the Libyan regime in demands to end the violence, respect human rights, ensure all foreign nationals’ safety, lift media restrictions and allow humanitarians and medics a safe passage into Libya. Security Council Resolution 1970 This resolution has been used twice to refer the situation in Libya to the ICC under the Rome Statute. The first referral was directed to Sudan’s Darfur region in 2005 during civil unrest. The resolution provided arrest warrants for government officials who participated in the genocide and crimes against humanity. Sudanese president Omar al-Bashir was among the people who have an arrest warrant up to date but he still remains at large touring neighbouring countries such as Kenya during the promulgation of Kenya’s new constitution. Omar al-Bashir was not arrested in Kenya because African leaders do not support the ICC’s intervention in internal affairs. United Nations Security Council adopted this resolution after a series of human rights violation including; extrajudicial killings, arbitrary arrests, attacks against civilians, detention and torture of demonstrators who are peaceful.6 According to Plessis & Louw (2011 pp. 1), the Security Council among other global bodies such as European Union Foreign Affairs Council, Organization of Islamic Conference and Council of the League of Arab States condemned Gaddafi regime for attacking civilians with heavy military force and mercenaries. In mid February before Gaddafi ceased fire, Libyan citizens’ voices were rarely heard because the regime besieged journalists, blocked public access to the Internet and all telecommunication networks. In late February, Ibrahim Dabbash, the deputy permanent representative of Libya to the United Nations reported that mercenaries were deployed in Libya to suppress Libya’s peaceful demonstrations (Plessis & Louw, 2011 pp. 1). Mercenaries were hired by top officials in the Gaddafi regime because they were untraceable and they could perform their task very well such as being snipers, hit men or assassins. Mercenaries are always ordered to shoot to kill even when civilians are harmless. Resolution 1970 (2011) demanded the UN to impose the infamous no-fly zone in Tripoli hence cutting off supplies of mercenaries and arms to Gaddafi’s regime. The lives of Libyan people were to be protected against an impending genocide. The UN demanded all countries across the world to forbid Gaddafi and his family from seeking refuge in their territories. In this situation where Gaddafi has been cornered, he will try to escape but before escaping, he will transfer a lot of money to overseas accounts which resolution 1970 (2011) is against. In late February, all member countries supported this resolution except for China and Russia who are openly unreceptive to the ICC but the decision was finally adopted unanimously. Three African countries as members of the African Union supported resolution 1970 (2011) despite the continuing tension between African countries and the ICC over Kenya’s and Darfur’s investigations. Resolution 1970 referred to the Rome Statute which allows the UN Security Council to defer all investigations by the ICC so as to uphold international security and peace. The attacks on Libyan Arab Jamahiriya amount to crime against humanity and it is the work of the ICC prosecutor to investigate and prove charges relating to the current civil unrest in Libya. This referral to the ICC does not only include crimes against humanity for Gaddafi and government officials but also individuals responsible for war crimes and genocide. According to The Rome Statute, war crimes are a result of conflict between government authorities and armed groups that are organized. The situation in Libya does not however amount to war crimes because according to the Rome Statute; internal disturbances and tension for example; riots and isolated violence does in not included in war crimes. The ICC however will make its own resolution using crimes against humanity to charge crime perpetrators.7 Resolution 1920 (2011) allows the ICC to prosecute mercenaries from different countries if their own countries ignore their jurisdiction. The anti-government forces that also commit atrocities will also be prosecuted by the ICC for crimes against humanity. Sanctions Imposed on Qaddafi According to Popovski (2011 pp. 1 )Security Council Resolution 1970 was adopted after a unanimous vote of 15-0 damned Gaddafi’s use of military force against Libya’s civilians, expressed deep concern at hostility incitement by Gaddafi’s government and deprecated violations of human rights in Libya. This resolution warned government officials including Muammar Gaddafi that the systematic attacks directed towards harmless civilians in Libya will amount to crimes against humanity. This action is meant to advise Libyan authorities to spare and protect the lives of civilians. The resolution went ahead to impose the following sanctions: referral of civil unrest to the ICC, arms embargo, travel ban and asset freeze. Referral of civil unrest to the ICC The Security Council referred the situation in Libya to the International Criminal Court to allow thorough investigations and prosecutions of Libyan authorities in relation to crimes against humanity. The cases will be heard in a state that is not a member of the ICC. According to Popovski (2011 pp. 1), this sanction is directed towards finding the perpetrators of crime and subjecting them to their countries’ legal system. Arms Embargo When the peace of Libyan citizens was violated by Gaddafi’s regime, this sanction was imposed to inspect all cargo going to Libya in the intention of removing prohibited items (Popovski, 2011 pp. 1). Prohibited items may mean weapons of mass destruction being transported to Libya to attack civilians. Travel Ban Travel ban targets Muammar Gaddafi, his daughter, his four sons and top government officials responsible for attack against civilians. Annex I of the Security Council Resolution 1970 lists 16 Libyan government officials inclusive of military leaders (Popovski, 2011 pp. 1). This ban is directed to shun negative civilized effects on Libya’s citizens. Asset Freeze Asset freeze is aimed at selected individuals and Annex II of the Security Council Resolution 1970 lists 6 people. This list includes; Muammar Gaddafi, his daughter and two sons among others (Popovski, 2011 pp. 1). Security Council Resolution 1973 The United Nations adopted Security Council Resolution 1973 (2011) using a 10-0 vote and 5 abstentions. Brazil, Germany, China, Russia and India were the five abstentions; two are permanent members while three are strong contenders for permanent membership.8 This resolution was harder than resolution 1970 but it maintained peaceful efforts. The abstentions only talked of mediation and diplomacy but remained adamant in actions towards a peaceful Libya. This resolution had a lot of limitations because it stated that any state that is member of the Security Council should take necessary measures to protect civilians in Libya but it did not state who should implement this resolution. The other factor that limits engagement is whereby, the resolution excludes foreign forces to occupy Libya with the intention of maintaining security and protecting innocent civilians. The no-fly zone in paragraph 5 of the Security Council Resolution 1973 does not affect flights that deliver food, humanitarian assistance, medical supplies and those that evacuate foreign nationals.9 This resolution saved a lot of lives in Libya because before it was adopted, Muammar Gaddafi refused to cease fire even when asked by the global community but when the resolution was put in place,10 Gaddafi practiced restraint and announced that his military force had ceased fire. If Security Council Resolution 1973 (2011) had not been adopted, there would have been an uncontrolled genocide and hostility in Libya by Gaddafi regime.11 Comparison between SCR 1970 and SCR 1973 Security Council Resolution 1973 (2011) talks about civil war which addresses both armed parties (organized armed groups and the government) to protect the lives of harmless civilians by any means necessary. Security Council Resolution 1970 (2011) on the other hand covers peaceful demonstrations by protestors which is suppressed by the Gaddafi government and also riots during the peaceful demonstrations. The latter is not covered by International Humanitarian Law (IHL). Human rights law only apply in times of peace but because of riots and demonstrations at peacetime, Security Council Resolution 1973 (2011) covers all crimes that are directed towards demonstrators.12 SCR 1970 explains in details about attacks on civilians will amount to crimes against humanity.13 It states the circumstances which can be categorized as crimes against humanity while SCR 1973 only refer to this resolution. Security Council Resolution 1973 fosters authorization of using any means necessary to protect civilians and the no-fly zone. These are the latest communication techniques from African Union and organization of Islamic Council especially the Arab League consider Libya’s situation as a civil unrest and not a peacetime riot hence creating bases for stronger legitimacy and armed conflict internalization to the Security council to make decisions that authorize military measures against Gaddafi’s military force.14 Both SCR 1973 (2011) and SCR 1970 advocate for peaceful solutions through diplomacy and cease fire. Security Council Resolution further demands the Libya to take all measures necessary to protect civilian lives which includes use of force. The only limitation of this resolution is that it has limited foreign military force to occupy Libya territory and protect civilians from Gaddafi regime or armed rebels. Security Council resolution 1973 (2011) has enforced arms embargo against Libya which makes cargo from Libya or towards Libya. This prevents the transport of arms and weapons to Libya to facilitate the attack against civilians. This sanction also includes other member states to engage in force in case prohibited items are confiscated in vessels or aircraft. Other member countries will be forced to apply this sanction so as not to supply Libya with weapons of mass destruction. Security Council Resolution 1973 (2011)15 has imposed a ban flights from Libya to land in, take off from or even fly over other states’ territory. While SCR 1970 (2011) has a travel ban on a list designated persons in Libya, SCR 1973 (2011) indentifies the individuals and assets freeze of these individuals. Prospects for Libya Muammar Gaddafi is not showing any signs of stepping down soon and SCR 1973 will enforce its policies of using all means necessary to protect Libyan civilians. This civil unrest means that Gaddafi will not resign but be taken down force or using the people’s revolution. The ICC has taken initiative to issue arrest warrants against Gaddafi, his eldest son Saif al-Islam and chief of intelligence, Abdullah al-Sanussi for organizing violent attacks on civilians and advocating for rape,16 crimes against humanity, torture, inhumane acts and persecution. Using air force attack on Gaddafi and his family will some of civilians but in case Gaddafi refuses to step down, other resolutions are still being reformed to remove his regime and leadership. Conclusion The situation in Libya is common to many African Countries that have had poor leadership for decades without democracy. Muammar Gaddafi and some government officials have participated in crimes against humanity for hiring mercenaries to attack peaceful protestors who want change. Gaddafi and his family have gone into hiding because he does not want to surrender his power to another person but in the course of hiding; his family was met with the force of Security Council Resolution 1973 (2011) which urged member states to perform any task necessary to protect the lives of civilians. The ICC is holding Gaddafi regime responsible for crimes against humanity and arrest warrants have been issued to prevent Gaddafi from escaping to other countries. The global community is unimpressed by Gaddafi and his use of military force to suppress peaceful demonstrators and they have adopted Security Council resolution 1970 (2011) and 1973 (2011) to stop attacks on innocent civilians and to prosecute perpetrators of crimes against humanity. SCR 1973and SCR 1970 have been put in place to prevent future civil unrest, genocide and war in African countries in future. Bibliography Arab League Statement on Libya, No. 7360, 12 March 2011, located at Security Council Report, Update Report No. 1, Libya, 14 March 2011, Viewed 6th June 2011. Fry, J, D 2011. UN Security Council and the law of Armed Conflict: Amity or Enmity Libya-Politics/Libyan ambassador to UN urges international community to stop genocide. Viewed 6th June 2011 Margot Wallström 2011 Special Representative of the Secretary-General on Sexual Violence in Conflict 2011. Viewed 6th June 2011 Office of the High Commissioner for Human Rights, Human Rights Council 2011 The situation of human rights in the Libyan Arab, 23 February 2011. Viewed 6th June 2011 Organisation of the Islamic Conference. 2011 Viewed 6th June 2011. Plessis D, M & Louw A. 2011, Justice and the Libyan crisis: the ICC’s role under Security Council Resolution 1970. Viewed 6th June 2011< http://reliefweb.int/sites/reliefweb.int/files/resources/Full_Report_1087.pdf> Popovski V, 2011, Fighting the Colonel: Viewed 6th June 2011 Press release, The African Union deeply concerned about the situation in Libya, 23 February 2011, Viewed 6th June 2011 Professor Charles C. Jalloh 2011. Libya Referral: ICC Prosecutor Brief's UN Security Council: Viewed 6th June 2011 Professor Mervyn Frost and Dr David Rodin 2011, How to get Humanitarian Intervention Right: What Libya teaches us about Responsibility to Protect. Viewed 6th June 2011 Professor Shaw M, Dr. Leslie & Dr. Okowa 2011. Liberating Libya? The legality and consequences of military intervention nunder international law Viewed 6th June 2011, Security Council Report, Update Report No. 1, Libya, 14 March 2011. Viewed 6th June 2011 Security Council Report, Update Report No. 3, Libya, 25 February 2011. Viewed 6th June 2011 UN Security Council Resolution (Libya) House of Commons debates, 18 March 2011. Viewed 6th June 2011< http://www.theyworkforyou.com/debates/?id=2011-03-18a.611.0> Read More