The Hague International Model United Nations, Singapore 2015 | XI Annual Session Forum: Security Council Issue: The question of Libya Student Officer: Ki Hoon Yoon Position: President Introduction The ongoing and deteriorating internal conflict within Libya is an ongoing issue which requires imminent response and amicable negotiations. For several consecutive years, the clashing between antagonistic parliaments has so exacerbated that now it involves not just neighboring nations. As the tension incessantly arises, the conflict needs an urgent turning point. Key actors with a stake in Libya’s future should take diplomatic and conciliatory actions in Geneva that points to a potential peaceful bail-out, but at the same time to deal with partisan Libyan factions. Libya’s militias have been fraying each other ever since the country was liberated from Muammar Gaddafi in 2011. However, it was mid-2014 when the clashing has propagated and intensified when the Islamists was defeated in parliamentary elections. Aerial bombardment and attacks on civilian infrastructure have increased, hundreds of thousands of Libyans have died with millions of them being non-combatants, and internally displaced persons and refugees have drastically increased from 100,000 to 400,000. The fledgling post-Gaddfi state is gradually falling - basic goods and fuel are in short supply; civilians in some urban areas no longer have reliable access to communications or electricity. The Libyan civilians are vulnerable under terrific bombardment and massacre that will eventually lead to bloody pandemonium in the cities. Furthermore, Libya now confronts the likelihood of insolvency within the next few years as a result of falling oil revenue and faltering economic governance, as militias contend for the ultimate fruits - its oil infrastructure and financial institutions. As the tension deteriorated, the stance of the antagonistic realms of power hardened, resulting even more severe casualties and destruction. Every nation should now be thoroughly aware of the splashing ramification and be vigilant toward this growing conflict, and further impose actions for the future of this fledgling yet boisterous nation. Definition of Key Terms Libya Dawn Research Report | Page 1 of 12 The Hague International Model United Nations, Singapore 2015 | XI Annual Session The term Libya Dawn or Libya Dawn Coalition refers to the militia groups or any political campaigns/movements supporting the newly established General National Congress (GNC), comprised mostly by the Muslim brotherhood’s Libyan party. No-fly zone No-fly zone (NFZ) is an area over which any aircrafts are prohibited to fly. No-fly zone is usually set up in a military context which prohibits any intervention from any realms of power to operate over the region. Aircraft that intrudes no-fly zone may be shot down, depending on the terms of the NFZ. NATO The North Atlantic Treaty Organization (NATO) is an intergovernmental military alliance which is constituted of a system of collective defense which its member states concur to mutual against any belligerent realms of power from external parties. Operation Dignity Operation Dignity is the forces that are launched with a large scale air and ground offensive by General Haftar in May 2014. The forces were codenamed “Operation Dignity” against Islamist armed groups in Benghazi and against the GNC in Tripoli. United Nations Security Council Resolution 1973 The resolution on the issue of the situation of Libya was passed on the 17th of February 2011 which calls upon the implementation of military actions against the government of Libya. As in UNSC Resolution 1970, this resolution condemns growing violation of human rights and further criticizes violence committed by Libyan authorities against journalists The resolution further refers to the arms embargo decided by Resolution 1970 and calls for inspections of vessels and aircrafts to secure that no weapons are send to Libya. In addition it puts a ban on flights of Libyan aircrafts or aircrafts transporting material to help Libyan authorities or those themselves so they should not be able to fly through airspace or landing on airports of all member states implementing this. Resolution 1973 further repeats the asset freezes already imposed by Resolution 1970 and creates a new panel of experts, which should assist the Committee established by Resolution 1970, recommend further actions to the UNSC and “gather, examine and analyze information” of member states and from the conflict zone. Responsibility to protect (R2P) The so-called responsibility to protect policy was first implemented by the United Nations at the 2005 World Summit. R2P is solely under the context of protecting the country’s people, not bombing for democracy or Gaddafi’s head. The precept of “responsibility to protect” (R2P) holds that when a sovereign Research Report | Page 2 of 12 The Hague International Model United Nations, Singapore 2015 | XI Annual Session state fails to defend any atrocities on its own, external parties may intervene to help stopping them. However, the tenet of R2P has triggered bold suspicions of some critics - Human-rights advocates allege it saves lives, while some skeptics see it as a potential incentive or excuse to conquer or to kill. National Transitional Council National Transitional Council is the political body formed to represent Libya by anti-Gaddafi forces in the civil war. It was formed on 27 February 2011 and declared itself to be the "only legitimate body representing the people of Libya and the Libyan state." United Nations Support Mission in Libya (UNSMIL) UNSMIL is a United Nations mission adopted in Libya. Led by the Department of Political Affairs, this mission is not a military intervention in Libya, but a political one which the main purpose is to help the National Transitional Council recuperate the State of Law. Background Information First Libyan Civil War It was not until 1969 military coup that notorious Muammar Abu Minyar al-Gaddafi commenced his advocacy in political system, the “Third Universal Theory”, a combination of socialism and Islam derived in part from tribal practices. In late 1987, Muammar al Gaddafi raised 1969 Revolution against the Sanussi monarchy as a chief commander of the government and military. Application of his innovative and revolutionary Arab-socialist philosophy to the Libyan parliament has resulted in palpable reforms in politics, law and economy. With respect to the turmoil in several other Eastern and North African countries in late 2010, the uprisings of rebels had quickly spread to several of the Libyan cities by the beginning of 2011. Later in the year, the UN Security Council has adopted Resolution 1973, demanding an immediate ceasefire and authorized the international community to establish a no-fly zone over Libya. Onset of the uprising In February 2011, the population of Libya commenced defiance against the regime of Muammar Gaddafi, whose leadership officially ended in 1977 yet ruled the country indirectly with some of his influence remained in politics factions. The protest started when a human rights campaigner was arrested and spread rapidly from Benghazi to other cities. Although the demonstrations were clearly against the ruler of the merely nominal democracy, Gaddafi refused to relinquish and his regime remained in control of the capital Tripoli. Using his military forces and further security forces against protesters, plethora of innocent citizens died. In the following days, soldiers refused to fire on rebels and changed sites. Brutal fights yet continued and both sides had to report huge losses. The UN Security Council (UNSC) passed the first resolution on this issue on Research Report | Page 3 of 12 The Hague International Model United Nations, Singapore 2015 | XI Annual Session the 26th February of 2011 which criticizes the violation of fundamental human right and the death of thousands of civilians, and further accentuates the Libyan authorities of their responsibility to protect their population. The member states of the UNSC called for an immediate ceasefire and further decide to upon an arms embargo, travel bans and asset freezes of Libyan authorities. Second Libyan Civil War Since the official end of the Libyan uprising on 23 October 2011, government was severely regressed that recuperation seemed unfeasible. With rival militias skirmishing for control of different parts of the country, Libya is in a state of war. Libya is in the midst of blood-shedding war due to its weakness in balancing political factions and military groups. An alliance of Islamist militias and their allies from Misrata, Libyan Dawn, successfully seized the capital, Tripoli. The defeat of Islamists in parliamentary election was an incendiary inception of this ongoing war. Rather than accepting the result, Islamists accused the new parliament of having dominated by supporters of Muammar Gaddafi, battled the nationalists holding control of Tripoli. Regarding the force as stronger than the government itself, Libya’s government has requested foreign arms to step in to stop further clashing of the militias. Rival parliaments and external parties As the politics and security of Libya drove into turmoil, the neighboring nations and the international community were rather galvanized by the destructive circumstances. The UN Secretary General Ban Ki-Moon appointed Spanish diplomat Bernardino León as head of UNSMIL (UN Support Mission in Libya). The United States and its allies further warned Arab countries not to intervene into any affairs in Libya. On September 27th, the UN Security Council adopted a resolution reinforcing the existing international sanctions to include people who involve in or support any acts that threaten the stability or security of Libya, or hinder Libyan political transition, and recognizing the Tubruq House of Representatives as the Libyan official legitimate parliament. On 2014 September 29th, the two rival parties held talks in Ghadamis under UN patronage. A cease-fire was suggested but unfortunately it was rejected by Libya Dawn. Egypt, vigilant toward any potentially negative ramification on its own country, is closely monitoring the ongoing situation in Libya. While United Arab Emirates has been suspected to have conducted several air raids in Libya in August and September 2014. Key Issues Internal armed conflict causing humanitarian issues Research Report | Page 4 of 12 The Hague International Model United Nations, Singapore 2015 | XI Annual Session Conflicting rival parliaments have been carrying out a plethora of indiscriminate attacks, resulting in numerous casualties and destruction to infrastructure. Operation Dignity forces carried out aerial bombardment chiefly in Benghazi, Derna, Tripoli, Zuara, Bir al-Ghanem and Misratah, killing thousands of innocuous civilians. What’s more, a large oil tank at al-Sider port was destroyed, demolishing about 1.8 million barrels of crude oil being; consecutive attacks have also devastated fundamental infrastructure for economical governance. Furthermore, violent clashing within residential areas resulted disruption to health care, chiefly in Warshafana and Benghazi. Libya reported severe shortages of fuel, electricity, food and medicine, resulting aggravating casualties within the country. United Nations High Commissioner for Refugees (UNHCR), estimated that nearly 400,000 people were internally displaced by the conflict. Some refugees were even hindered from evacuating the infighting zones, which had again severely increased the casualties of innocuous civilians. Refugees had agonized from displacement and militia attacks, and many even sought shelter in municipal parks and car parks. Innocent civilians were harshly violated by armed forces on all sides, and abducted civilians were only the medium to exchange secured prisoners. Some captured soldiers were subjected to summary killings by all warring parties. Operation Dignity forces indiscriminately burned and demolished homes and other property of perceived Islamists. Women’s rights and asylum seekers The corruption of judicial system and order caused women to suffer from ill-treatment and segregation. Women were restricted and even sexually harassed. In addition, women are discriminated from education – their status is miserably obscure. Some women activists were even pressured to relinquish their vocation and public roles. Libyan women also confront in personal matters, polygamy, prohibition to travel without a male guardian, difficulty in voting and campaigning, and the inability to inherit their nationality to their children. Moreover, refugees traveling to Italy by overcrowded fishing boats spent weeks under violence. Some were locked smugglers prior to departure and were harshly exploited and abused. Some refugees were coerced to travel below deck in overheated engine rooms without supply of water or proper ventilation, resulting death due to suffocation or intoxication with fumes. Refugee infrastructure in Benghazi, Tripoli and many other regions of Libya has been severely marred by the infighting. Criticism upon military Intervention Research Report | Page 5 of 12 The Hague International Model United Nations, Singapore 2015 | XI Annual Session Libya has a great deposit of resources such as oil, and used to produce about 1.6 million barrels a day before the conflict. Criticism rose fast that the United Nations acted so immediately in order to protect their supply of oil and the price for it. In favor of this accusation speaks that the UN did not act so fast in other conflicts such as the Côte d’Ivoire or the protests in Yemen. Gareth Evans, an Australian policymaker, stated that “the international military intervention in Libya is not about bombing for democracy or Muammar Gaddafi's head. Legally, morally, politically, and militarily it has only one justification: protecting the country's people" and the actions taken in Libya were outlined as an example of the responsibility to protect policy several innocent civilians were killed by NATO airstrikes. In addition Russia and China criticized the UNSC Resolution 1973 clearly with saying that it is ineffective and China’s representative once stated: “Dialogue and other peaceful means are the ultimate solutions to problems. If military action brings disaster to civilians and causes a humanitarian crisis, then it runs counter the purpose of the UN resolution”. Furthermore, accusations also targeted on the way that the operation was steered. Michael Kometer and Stephen Wright once stated that “the outcome of the Libyan intervention was reached by default rather than by design”. The dearth of consistent political instruction was allegedly caused particularly by the obscureness of the UN mandate and the indefinite consensus among the NATO coalition. The lack of unequivocal political guidance resulted an incoherent military planning on the operational level, negatively influencing future NATO's operations which is likely to confront trust issues. Major Parties Involved and Their Views United States of America and Western Bloc Political relations between United States of America and Libya were extensively marred since the 2011 Libyan Civil War, when Gaddafi attempted to crush first protests, slaughtering hundreds of thousands of innocent civilians. In Libyan Civil War 2014, unlike that of 3 years ago, NATO and USA military intervention in Libya is not likely. The clashing in Libya is continuously growing into a bloody “war”, resulting in skyrocketed civilian casualties. NATO still has the power to intervene under the UN Security Council resolution of three years ago, yet the party remains reluctant to get involved. According to the Pentagon and UK Ministry of Defense, “peacekeeping” is rather a misnomer because any troop deployment into Libya will eventually end in inevitable conflict. As neighbor countries’ involvement increase and its ramification extends in Middle East, western politicians are also hesitating to step in. However, what could flip the situation is when the conflict intensifies and regional realms of power determine to commence an even larger-scale war. If such situation occurs, the United States and Research Report | Page 6 of 12 The Hague International Model United Nations, Singapore 2015 | XI Annual Session European powers are searching means to provide Libya’s legitimate government with weaponry, while attempting to negotiate with the Islamists to re-adhere to democracy. China and the Russia Federation After the resolution 1973 passed, China strongly condemned the air strikes by NATO. China accused the UN and its allies of breaking international laws, though China had refrained from directly obstructing the UNSC decision that effectively authorized the air attacks. China further expressed the fear of Libya becoming the resemblance of Afghanistan and Iraq, in which countries launched armed action against sovereign countries. However, some critics of international relations analyzed the neutrality of China as a means of diversifying the crude oil supplies, for the supplies from Middle East and North America have reached a maximum while China is seeking for new resources. And it is the reason why China strikes the balance of accommodating and criticizing Western demands. By remaining dormant toward the passing of the resolution of the Security Council, China calls involved Arab countries for prompt U.N. action. Russian Federation, which had also abstained from the resolution 1973, requested Britain, France and the United States to immediately cease the air strikes. However, as the air attack prolonged, China appeared to choose sides from the neutrality between Gaddafi’s loyalists and rebels. China now claims the country “respects the choice of the Libyan people” and wants “to play a positive role in rebuilding Libya”. China seems to stand firmly on the most suitable position in the process of Libya reconstruction yet. Middle East Bloc Egypt and the United Arab Emirates could have stroke against Islamist targets in Libya at hand, but virtually, the Saudis are taking a concerted stance. Horrified at the 2011 Arab Spring uprisings, which resulted fledgling democracies in reshaping the geopolitical map of the Middle East, the Kingdom is rather cooperative. Moreover, The United States of America, a perpetual ally of Saudi’s, have aggravated over disagreements about the democratic uprisings of the region. Some critics assume signs of a growing axis between the Saudis, Sissi's Egypt and the Israeli government, political maneuvering which casts a shadow on Libya’s pandemonium. Timeline of Relevant Resolutions, Treaties and Events Date Description of event February 26, 2011 First Resolution Passed Research Report | Page 7 of 12 The Hague International Model United Nations, Singapore 2015 | XI Annual Session The UN Security Council (UNSC) passed the first resolution on this issue on the which mainly condemns the violation of fundamental human right and the death of thousands of civilians, and further demonstrates the Libyan authorities of their responsibility to protect their population National Transitional Council born February 27, 2011 Announced in the city of Benghazi on the 27th of February 2011, the council stated itself as the only legitimate body representing Libya. Resolution on no-fly zone passed March 17, 2011 UNSC passed resolution of setting no-fly zone across Libya. ICC warrants capture of Gaddafi International Criminal Court (ICC) rejected the suggestion by Britain and July 26, 2011 France that Gaddafi could be permitted to remain in Libya partially as negotiated deal to pull him down from power, claiing that a new government would be obligated to detain the dictator under warrants issued by the court. October 20, 2011 May 16- 18, 2014 July 13, 2014 August 27, 2014 January 16 2015 Death of Muammar Gaddafi General Haftar launched a large scale aerial and ground offensives codenamed “Operation Dignity” against Islamist armed group. Libya Dawn was launched to seize Tripoli International Airport from the Zintan militia, eventually capturing it on August 23rd. The UNSC unanimously approved resolution 2174 which requested an immediate ceasefire and a conciliatory political dialogue. Operation Dignity and Libya Dawn factions agreed on a ceasefire. Relevant UN Treaties and Events S/RES/2214 27 March 2015 This resolution was a Security Council Resolution that targeted on the endeavour of counterterrorism. S/RES/2213 27 March 2015 This Security Council Resolution renovated UNSMIL and the 1970 Libya Panel of Experts. S/RES/2208 5 March 2015 Research Report | Page 8 of 12 The Hague International Model United Nations, Singapore 2015 | XI Annual Session The Security Council resolution on a technical rollover of UNSMIL and vessels transporting crude oil illegally exported from Libya until 31 March. Evaluation of Previous Attempts to Resolve the Issue The Security Council had concerned the situation in Libyan Arab Jamahiriya and criticized the harsh violence toward Libyan civilians. It also urged states to take serious consideration on the issue of Libya. On the issue that Libyan authorities violated the human rights of Libyan civilians with armed force, the Security Council passed two resolutions to deal with the deteriorating circumstances. Moreover, member states decided to refer the situation to the Prosecutor of International Criminal Court (ICC) for further investigation in resolution 1970. Details of arms embargo were brought up, including prohibiting several kinds of arms from being imported into Libya and prohibiting Libya from exporting weapons out of its territory. As the civil war intensified, the Libyan government had tried to retrieve land occupied by the rebel army. However, unfortunately, the attacks even further aggravated the situation, escalated in degree of violence and caused greater civilian casualties. The Security Council later passed Resolution 1973 in which 10 states voted for and 5 states abstained. Furthermore, in Resolution 1973, besides the arms embargo, travel ban and asset freezes were demonstrated once more. This was the second time the Security Council designated a no-fly zone in Libya. The no-fly zone established a taboo on all flights in the airspace of the Libyan Arab Jamahiriya under the purpose of securing civilians, except for the aircraft whose sole purpose were of humanitarian objectives With the rebels proceeding toward some important cities, the UK and France air forces continuously bomb crucial assets in those cities under the control of the Libyan government, under the mandate of Resolution 1970 and 1973. UK and France represent NATO in the enforcement of the UNSC resolution. Starting from March 31st, and proposed to the end of September, NATO occasionally also dropped food supplies, flyers for propaganda, and light weapons to the rebels. And rebels took control of some major cities thanks to the aid provided by NATO. However, the military actions of NATO caused some major controversy in international related talks. Some argued NATO mistook SC Resolutions, while some accused NATO of wounding thousands of civilians. Possible Solutions First of all, the way to approach the conflict should be altered. The question, should no longer be which realm of power, the House of Representatives or the General National Congress, is more legitimate or what legal claims can be exploited to advocate that legitimacy. An international approach that deems Research Report | Page 9 of 12 The Hague International Model United Nations, Singapore 2015 | XI Annual Session the House of Representatives as more legitimate can instigate GNC’s suspicion that the international community attempts to marginalize or even exterminate the forces that see themselves as revolutionary. Moreover, Libya needs a conciliatory political bargain that steer toward that goal. External actors should suggest both sides’ incentives for participation and make clear that there will be punishment or repercussions for those who further instigate the conflict. Imminent actions should be taken to debilitate the weaponry trade in the country and hinder either parliament from obtaining biased support from outside parties. It’s nations’ priority to consider civilians’ security and to remain in rapprochement manner. Few solutions have been suggested: Reproaching actors who are involve in providing weaponry to further encourage the armed conflict within Libya. Military intervention under counter-terrorism excuse, as requested by Egypt, would only torpedo the political process, thus should be opposed. External actors who strive to support conciliatory negotiations or dialogue, notably Algeria and Tunisia, should be encouraged and cooperated. Approach the solutions with impartial and conciliatory manner. Any implementation of policies should not induce civilians to be situated under risks. Parliaments should refrain from supporting military intervention to combat the Islamic States (IS), which merely results further casualties. The General National Congress and its supporters should strongly denounce IS actions, and the House Of Representatives should cease politicizing such parties. Parliaments should remain neutral and amiable in the administration of financial and petroleum infrastructures as they are the major stake that can lead to larger-scale conflict: the Central Bank of Libya (CBL), the National Oil Company (NOC) and the Libyan Investment Authority (LIA). Research Report | Page 10 of 12 The Hague International Model United Nations, Singapore 2015 | XI Annual Session Bibliography Bolopion, Philippe. "After Libya, the Question: To Protect or Depose?" Human Rights Watch. Los Angeles Times, 25 Aug. 2011. 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Web. 02 July 2015. <http://www.spimun.com/?p=articles&id=50>. Tharoor, Ishaan. "8 Questions You Want Answered about the Crisis in Libya." Washington Post. The Washington Post, n.d. Web. 02 July 2015. <https://www.washingtonpost.com/news/worldviews/wp/2014/05/19/8-questions-you-want-answeredabout-the-crisis-in-libya/>. Tharoor, Ishaan. "Here Are the Key Players Fighting the War for Libya, All over Again." Washington Post. The Washington Post, n.d. Web. 02 July 2015. <https://www.washingtonpost.com/news/worldviews/wp/2014/08/27/here-are-the-key-players-fightingthe-war-for-libya-all-over-again/>. Wehrey, Frederic. "Ending Libya's Civil War: Reconciling Politics, Rebuilding Security." Carnegie Endowment for International Peace. N.p., n.d. Web. 02 July 2015. <http://carnegieendowment.org/2014/09/24/ending-libya-s-civil-war-reconciling-politics-rebuildingsecurity>. Woodward, Pau. "Libya: To Intervene, or Not to Intervene, That Is Not the Question." War in Context. N.p., n.d. 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