25 January 2021

News Update

The Sound of Silence: American Illegalities in Libya

 

Today, 26 January 2021, Grotius - Center for International Law and Human Rights issued a briefing on American illegalities in Libya.

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In mid-February 2011 demonstrations in Libya against the government were met with severe suppression. U.N. Security Council resolution 1970 of 26 February 2011 referred the deteriorating situation to the International Criminal Court. U.N. Security Council resolution 1973 of 17 March 2011 authorized member states to take all necessary measures to protect civilians under threat of attack in Libya based on consultation with and supervision by the international institution. International military campaign by the United States, Britain, and France commenced on 19 March 2011. Subsequently NATO assumed command of the military activities that ended on 31 October 2011. Libya quickly disintegrated. Chaotic infighting resulted in capturing and killing the country’s leader Muammar Gaddafi on 20 October 2011.

 

Following political developments in the country have not materialized in forming a stable democratic government, rather were characterized by continued internal strife.

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The International Criminal Court has been processing three cases relating to Libya. This briefing will focus on NATO’s illegality during the bombing campaign; the legitimacy of America’s involvement in NATO’s military operations pursuant to American law; the declarations made by President Barack Obama and Secretary of State Hillary Clinton on the need to depose Gaddafi as well as the Presidential deployment of CIA's operatives to Libya in clear violation of U.N. Security Council resolutions 1970 and 1973; and the mysterious truck bombing in Western Libyan town Zliten on 7 January 2016 near a police station which killed 60 and injured more than 200. Identical truck bombings have taken place in other cities in the region, globally, and in the United States inflicting severe damage to civilians and destruction of civilian objects.

 

The briefing concludes that the International Criminal Court has jurisdiction regarding illegal acts committed by NATO's officials. As to American officials’ serious violations of international law, who have been exempted from the International Criminal Court’s reach by the referring U.N. Security Council resolution for acts within the international authorization, the application of universal jurisdiction would be an appropriate path to seek accountability. Regarding American international law violations in Libya that breach the parameters of the United Nations mandate, the International Criminal Court's authority could be invoked as well.

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The Briefing: