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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Leave campaigners are doing down Britain's influence in Europe

As the third biggest country, Britain has huge clout in the EU.

Last week the Leave campaign's Priti Patel took to the airwaves to bang on about the perils of EU regulation, claiming it is doing untold damage to small businesses in the UK. Let's put aside for one minute the fact that eight in ten small firms actually want to stay in the EU because of the huge benefits it brings in terms of trade and investment. Or the fact that the EU has cut red tape by around a quarter in recent years and is committed to doing more. Because the really startling thing Patel said was that these rules come to us "without the British government having a say." That might be forgivable coming from an obscure backbencher or UKIP activist. But as a government minister, Priti Patel knows full well that the UK has a major influence over all EU legislation. Indeed, she sits round the table when EU laws are being agreed.

Don't take it from me, take it from Patel herself. Last August, in an official letter to the House of Lords on upcoming EU employment legislation, the minister boasted she had "worked closely with MEPs to influence the proposal and successfully protected and advanced our interests." And just a few months ago in February she told MPs that the government is engaging in EU negotiations "to ensure that the proposals reflect UK priorities." So either she's been duping the Parliament by exaggerating how much influence she has in Brussels. Or, as is perhaps more likely, she's trying to pull the wool over the British people's eyes and perpetuate a favourite myth of the eurosceptics: that the UK has no say over EU rules.

As the third biggest country, Britain has huge clout in Europe. We have the most votes in the EU Council alongside France, Germany and Italy, where we are on the winning side 87 per cent of the time. The UK also has a tenth of all MEPs and the chairs of three influential European Parliament committees (although admittedly UKIP and Tory sceptics do their best to turn their belief the UK has no influence in Europe into a self-fulfilling prophecy). UKIP MEPs aside, the Brits are widely respected by European counterparts for their common sense and expertise in areas like diplomacy, finance and defence. And to the horror of the French, it is English that has become the accepted lingua franca in the corridors of power in Brussels.

So it's no surprise that the UK has been the driving force behind some of the biggest developments in Europe in recent decades, including the creation of the single market and the enlargement of the EU to Eastern Europe. The UK has also led the way on scrapping mobile roaming charges from next year, and is now setting the agenda on EU proposals that will make it easier to trade online and to access online streaming services like BBC iPlayer or Netflix when travelling abroad. The irony is that the Europe of today which Eurosceptics love to hate is very much a British creation.

The Leave campaign like to deride anyone who warns of the risks of leaving the EU as "talking down Britain." But by denying the obvious, that the UK has a major role in shaping EU decisions, they are the ones guilty of doing our country down. It's time we stood up to their defeatist narrative and made the case for Britain's role in Europe. I am a proud patriot who wants the best for my country, and that is why like many I will be passionately making the case to remain in the EU. Now is not the time to leave, it's time to lead.