The Gaddafi regime’s “last stand” mentality

Will the referral of Libya to the International Criminal Court backfire?

On 26 February, the UN Security Council passed a hard-hitting resolution designed to send a clear message to Muammar al-Gaddafi and his regime. As well as an asset freeze, travel ban and arms embargo, the UN took the unprecedented step of requesting that the International Criminal Court (ICC) investigate possible war crimes or crimes against humanity committed by Colonel Gaddafi and his forces.

Such a resolution might be expected to persuade most sane leaders to desist from extrajudicial killing, but Colonel Gaddafi is not your average leader. Several days on, it seems that not only did the message fail to stop the violence, but that it may be having the opposite effect, persuading members of the regime in Tripoli that they have no option other than to fight for their survival.

With the attention of the world focused on North Africa and the Middle East, the escalating violence in Libya presents a very public test of the international community's commitment to prevent crimes against humanity. With calls for international action becoming louder, the UN Security Council was stirred into action, passing a landmark resolution, the first of its kind to make unambiguous reference to the principle of "responsibility to protect".

In 2005, following its failures in Rwanda and Kosovo, the UN General assembly adopted the principle of "responsibility to protect", intended to provide a new level of international consensus that would allow swift action to prevent future atrocities. However, repeated failure to intervene in places such as Darfur, the Democratic Republic of Congo and Sri Lanka, combined with widespread post-Iraq cynicism toward all forms of so-called humanitarian intervention, suggested the principle might never be put into practice.

And then along came Libya.

While it was always unlikely that Gaddafi, who had already announced his intention to "fight until the last drop of blood", would be unduly bothered by a threat of referral to the ICC, it was hoped that members of his regime – most significantly the military – might take this loss of impunity more seriously. Indeed, Resolution 1970 allows for individuals thought to be responsible for attacks against civilians or human rights abuses to be nominated for addition to the ICC's charge sheet.

But, rather than encouraging the military to turn on Gaddafi, generals and soldiers who had already been involved in putting down the protests may well have been forced into the same "last stand" mentality as their leader.

This is not to say that Resolution 1970 was unwelcome, nor that the principle of responsibility to protect is unimportant. The international community should have an obligation to step in where states manifestly fail to protect their populations. The asset freeze and arms embargo will impact on Libya, but their effect will be slow and experience has shown that sanctions may cripple a nation without necessarily bringing down its governing regime.

Despite Robert Gates's description of it as "loose talk", contingency plans for some form of military intervention are no doubt being drawn up. The imposition of a no-fly zone would need to be authorised by the UN Security Council, and this is looking more possible following the recent shift in the French position and support from the Arab League. Whilst a no-fly zone would not prevent killing on the ground, it would stop aerial attacks by the Libyan air force and prevent weapons and other supplies from reaching Gaddafi's security forces.

The current situation in Libya remains turbulent and unclear. There are indications that a UN humanitarian team may be allowed into Tripoli, but in the meantime the violence continues. As each day passes and more blood soaks into the sand, the harder it will be for a post-conflict Libya to put itself together again. Bloody internal conflicts – be they in Iraq or Rwanda, Yugoslavia or Indonesia – leave indelible scars on nations and festering resentment among their populations.

The international community may struggle to find consensus as to the best way to prevent further bloodshed in Libya, but whatever action or inaction they choose, will be watched carefully by policymakers and dictators around the world. The success or failure of international action on Libya will no doubt shape future forms of humanitarian intervention and help determine how the principle of responsibility to protect can be put into practice.

Stefan Simanowitz is a journalist and Middle East/Africa analyst.

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Our union backed Brexit, but that doesn't mean scrapping freedom of movement

We can only improve the lives of our members, like those planning stike action at McDonalds, through solidarity.

The campaign to defend and extend free movement – highlighted by the launch of the Labour Campaign for Free Movement this month – is being seen in some circles as a back door strategy to re-run the EU referendum. If that was truly the case, then I don't think Unions like mine (the BFAWU) would be involved, especially as we campaigned to leave the EU ourselves.

In stark contrast to the rhetoric used by many sections of the Leave campaign, our argument wasn’t driven by fear and paranoia about migrant workers. A good number of the BFAWU’s membership is made up of workers not just from the EU, but from all corners of the world. They make a positive contribution to the industry that we represent. These people make a far larger and important contribution to our society and our communities than the wealthy Brexiteers, who sought to do nothing other than de-humanise them, cheered along by a rabid, right-wing press. 

Those who are calling for end to freedom of movement fail to realise that it’s people, rather than land and borders that makes the world we live in. Division works only in the interest of those that want to hold power, control, influence and wealth. Unfortunately, despite a rich history in terms of where division leads us, a good chunk of the UK population still falls for it. We believe that those who live and work here or in other countries should have their skills recognised and enjoy the same rights as those born in that country, including the democratic right to vote. 

Workers born outside of the UK contribute more than £328 million to the UK economy every day. Our NHS depends on their labour in order to keep it running; the leisure and hospitality industries depend on them in order to function; the food industry (including farming to a degree) is often propped up by their work.

The real architects of our misery and hardship reside in Westminster. It is they who introduced legislation designed to allow bosses to act with impunity and pay poverty wages. The only way we can really improve our lives is not as some would have you believe, by blaming other poor workers from other countries, it is through standing together in solidarity. By organising and combining that we become stronger as our fabulous members are showing through their decision to ballot for strike action in McDonalds.

Our members in McDonalds are both born in the UK and outside the UK, and where the bosses have separated groups of workers by pitting certain nationalities against each other, the workers organised have stood together and fought to win change for all, even organising themed social events to welcome each other in the face of the bosses ‘attempts to create divisions in the workplace.

Our union has held the long term view that we should have a planned economy with an ability to own and control the means of production. Our members saw the EU as a gravy train, working in the interests of wealthy elites and industrial scale tax avoidance. They felt that leaving the EU would give the UK the best opportunity to renationalise our key industries and begin a programme of manufacturing on a scale that would allow us to be self-sufficient and independent while enjoying solid trading relationships with other countries. Obviously, a key component in terms of facilitating this is continued freedom of movement.

Many of our members come from communities that voted to leave the EU. They are a reflection of real life that the movers and shakers in both the Leave and Remain campaigns took for granted. We weren’t surprised by the outcome of the EU referendum; after decades of politicians heaping blame on the EU for everything from the shape of fruit to personal hardship, what else could we possibly expect? However, we cannot allow migrant labour to remain as a political football to give succour to the prejudices of the uninformed. Given the same rights and freedoms as UK citizens, foreign workers have the ability to ensure that the UK actually makes a success of Brexit, one that benefits the many, rather than the few.

Ian Hodon is President of the Bakers and Allied Food Workers Union and founding signatory of the Labour Campaign for Free Movement.