NATO needs a new mandate for Libya
Wednesday, 26 October 2011 00:00
After the ugly, violent death of Muamar Gadhaffi; the apparent voluntary surrender of his remaining son, Saif Al-Islam, to the International Criminal Court; and the finalized takeover of Libya by the National Transitional Council, NATO needs a new UN mandate to operate in Libya. NATO already is under fierce criticism after having arguably creatively interpreted the use of force mandate that it was given by the UN Security Council in resolution 1973 (2011). It is widely accepted that the French, British and NATO did not stay within the bounds of that resolution that authorized force only to protect civilians from attack by the (then) Libyan authorities. Yet, no fierce opposition was mounted, until displeasure at the course of events was finally on display at the defeat of a draft sanction resolution regarding Syria, when Russia and China vetoed it.
Although NATO initially wanted to declare an end to its mission and rightly declare victory, it has suspended that decision as the NTC has now requested NATO to remain involved in Libya to aid the NTC in keeping control of Libya and oppose any resurgence of Gadaffi loyalists. Moreover, the NTC requested NATO to assist the new regime setting up new security structures. With major combat operations over, which may have fallen within or without the UN mandate, such a new role cannot be squared under resolution 1973 (2011). While the fact may be that there is a credible risk flaring violence and that loyalists may refuse to surrender and continue the fight, the resolution was aimed at protecting civilians from attacks of the Libyan authorities, i.e. the Gadaffi regime. That situation is no longer the case, taking away the raison d’être of the resolution. Moreover, when viewed in the context of the fact that the resolution was widely hailed as the first practical application of the concept of the ‘responsibility to protect’ (R2P), it should become all the more obvious that the resolution does not apply anymore.
The use of force in Libya by NATO, even when requested by the NTC, should be governed by a new resolution of the UN Security Council, authorizing ‘all necessary means’ to assist the new regime in making Libya stable and safe on the road to new beginnings for that wounded country.