Originally published on the CGS blog on March 29, 2011.
Resolution 1973 adopted last week by the United Nations Security Council authorizing a multinational intervention into Libya has created a new precedent for the enforcement of international law. Resolution 1973 incorporates principles that the international community has been hopeful to see come to life. These include the “responsibility to protect,” jurisdiction of the International Criminal Court, the loss of sovereignty for governments that commit mass atrocities, and the principle of “human security.” These principles were expressed when the Resolution provided that the international community was “to take all necessary measures … to protect civilians and civilian populated areas under threat of attack….” This is a momentous statement, especially with regard to traditional U.S. military action. The driving force of the strategy enunciated by the Security Council is civilian protection, not regime change. Civilian causalities represent a failure in mission objective, rather than merely collateral damage. The world is finally recognizing, and with haste I might add, the responsibility to protect world citizens from imminent danger.
The Resolution is a display of ‘teeth’ by the United Nations Security Council. In the face of criticism that the United Nations has no ability to back-up its resolutions or treaties, a multilateral force has come together and offered real military power to support the Security Council. The time when tyrants and rogue states could commit atrocities with no accountability has come to an end. The actions that are being taken against Muammar Gaddafi will resonate in the thoughts of all of those who conceive of committing human rights violations in the future.
Resolution 1973 employs several measures to ensure the human security of civilians being targeted by the Libyan authorities. These include condemnation, threats of future accountability, an arms embargo, financial sanctions, and deployment of military and humanitarian task forces. The array of measures employed provides extensive means for pressuring the Gaddafi regime to halt violent actions against its civilians. Many of the orders also satisfy the need for humanitarian assistance to be provided to the civilians facing the crisis. For instance, the no-fly zone establishes a ban on all unauthorized flights in Libya. The establishment of a no-fly zone provides increased security for the civilians under attack, ensures the full implementation of the embargo against the Gaddafi regime, and it provides the space and security for humanitarian aid to be distributed to those in need.
The Resolution reiterates the Security Council’s decision a few days earlier, in Resolution 1970, to refer the situation in the Libyan Arab Jamahiriya to the Prosecutor of the International Criminal Court for investigation and possible prosecution. This ensures that all individuals who are responsible for attacks against the civilian population in Libya will be held accountable and will face prosecution.
The Resolution also requests that the Secretary-General create a Panel of Experts to monitor the actions of the Libyan authorities. The Panel is given the duty to review the measures imposed by Resolution 1973 and 1970, and to decide to strengthen, suspend, or lift those measures.
The legitimacy for multilateral action that was created by the adoption of Resolution 1973 is unprecedented. The multilateral cooperation that will ensue, and the relief felt by the Libyan civilians will be a testament to the accomplishment that was achieved on March 17, 2011. The perceived effectiveness of the United Nations and the willingness for global powers to work multilaterally on humanitarian issues in the future will be greatly determined by the success of Resolution 1973.
