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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Shock Wales YouGov poll shows that Labour's Ukip nightmare is coming true

The fear that voting Ukip would prove a gateway drug for Labour voters appears to be being borne out. 

An astonishing new poll for the Cardiff University Governance Centre and ITV Cymru shows a historic result: the Conservatives ending a 167-year wait for an election victory in Wales.

The numbers that matter:

Conservatives: 40 per cent

Labour: 30 per cent

Plaid Cymru: 13 per cent

Liberal Democrats: 8 per cent

Ukip: 6 per cent

Others: 3 per cent

And for context, here’s what happened in 2015:

Labour 36.9 per cent

Conservatives 27.2 per cent

Ukip 13.6 per cent

Plaid Cymru 12.1 per cent

Liberal Democrat 6.5 per cent

Others 2.6 per cent

There’s a lot to note here. If repeated at a general election, this would mean Labour losing an election in Wales for the first time since the First World War. In addition to losing the popular vote, they would shed ten seats to the Tories.

We're talking about a far more significant reverse than merely losing the next election. 

I don’t want to detract from how bad the Labour performance is in a vacuum – they have lost 6.9 per cent of their vote on 2015, in any case the worst election performance for Labour in Wales since the rout of 1983.  But the really terrifying thing for Labour is not what is happening to their own vote, though that is pretty terrifying.

It’s what’s happened to the Conservative vote – growing in almost every direction. There is some direct Labour to Tory slippage. But the big problem is the longtime fear of Labour MPs – that voting for Ukip would be a gateway drug to voting for the mainstream right – appears to be being realised. Don't forget that most of the Ukip vote in Wales is drawn from people who voted Labour in 2010. (The unnoticed shift of the 2010-5 parliament in a lot of places was a big chunk of the Labour 2010 vote went to Ukip, but was replaced by a chunk of the 2010 Liberal Democrat vote.) 

If repeated across the United Kingdom, the Tory landslide will be larger than the 114 majority suggested by the polls and a simple national swing.

As I’ve said before, polls are useful, but they are not the be-all and end-all. The bad news is that this very much supports the pattern at elections since the referendum – Labour falling back, the Tories losing some votes to the Liberal Democrats but more than making up the loss thanks to the collapse of Ukip.

The word from Welsh Labour is that these figures “look about right” at least as far as the drop in the Labour vote, though of course they have no idea what is going on with their opponents’ vote share. As for the Conservatives, their early experiences on the doorstep do show the Ukip vote collapsing to their benefit.

One Labour MP said to me a few days again that they knew their vote was holding up – what they didn’t know was what was happening to their opponents. That’s particularly significant if you have a “safe seat” but less than 50 per cent of the vote.

Wales has local elections throughout the country on 4 May. They should provide an early sign whether these world-shaking figures are really true. 

Stephen Bush is special correspondent at the New Statesman. His daily briefing, Morning Call, provides a quick and essential guide to British politics.

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