The complexity of the humanitarian intervention in Libya

Introduction

The thesis of this paper is that the complexity of the humanitarian intervention in Libya arises from the fact that human rights concerns have been turned into political and ideological instruments; this has led to the blurring of the line between the right to interfere and the responsibility to protect. This crucial issue at stake in this debate is humanitarian intervention. As the Libyan crisis unfolded, the dominant theme that motivated calls for the toppling of the Libyan government was the need to prevent the Muammar Gaddafi, country’s leader, from killing Libyan citizens who were exercising their democratic rights by participating in demonstrations.

Libya is an Arab country located in Northern Africa. Its neighbours include Sudan, Chad, Tunisia, Algeria, Niger, and Egypt. To the north, the country is an integral part of the Mediterranean coast. This position has enabled the country to witness numerous civilizations and to become a strategic trade hub. The political structure in Libya takes the form of “Jamahiriya”, which means “state of the masses”. People’s Congress and committees are used for purposes of governance. This establishment of this structure was founded by Muammar Gaddafi, the country’s longest-serving leader. The country relies heavily for its oil and gas deposits, making it an ideal business destination for foreign oil companies.

The current situation in Libya is very worrying. A civil war has erupted in the wake of a revolution that culminated in the fall of its president, Muammar Gaddafi. Consequently, the country is facing a serious test of national cohesion and political stability. The civil war raises a number of issues in international law. For instance, many people see it as an outcome of flaws within the international law system. It is not clear what the stance of international law is regarding the right to intervene on the one hand and the responsibility to protect on the other.

The aim of this paper is to investigate the concept of responsibility to protect (R2P) and its applicability to the Libyan crisis. The paper also examines the extent to which a humanitarian “coup” may be said to have occurred in Libya. Lastly, it addresses the various challenges raised by the case in terms of the weaknesses of the United Nations, the threat of a worsening political situation in the country, and the problematic nature of the existing human rights system.

The responsibility to protect

The right to interfere VS the responsibility to protect

The doctrine of Responsibility to Protect R2P was introduced in 2005 during the United Nations World Summit. In this summit, global political leaders sought to establish a framework to govern how states should behave politically on the…

Works Cited

Byers, Michael. “Preemptive Self-defense: Hegemony, Equality and Strategies of Legal Change.” Journal of Political Philosophy, 11.2 (2003): 171-190.

Glennon, Michael. “Fog of Law: Self-Defense, Inherence, and Incoherence in Article 51 of the United Nations Charter.” Harvard Journal of Law & Public Policy 25.2 (2002): 539-552.

Murphy, Sean. “The Doctrine of Preemptive Self-Defense.” Villanova Law Review, 50.15 (2005): 699-711.

Zifcak, Spencer. “The Responsibility to Protect After Libya and Syria.” Melbourne Journal of International Law, 13.1 (2012): 1-35.

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