Thursday 10 March 2011

Can you legally arm Libya's rebels?

As Libya's rebels face off against better armed government troops, several prominent voices have argued that arming the rebels should be part of a more aggressive attempt to unseat the Gaddafi regime. Leave the wisdom of that policy to one side, how about the legality? The Security Council imposed an arms embargo on the country and I don't see much room in the text for sending anyone in Libya arms. Here's the relevant paragraph in the resolution:
Decides that all Member States shall immediately take the necessary measures to prevent the direct or indirect supply, sale or transfer to the Libyan Arab Jamahiriya, from or through their territories or by their nationals, or using their flag vessels or aircraft, of arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and spare parts for the aforementioned, and technical assistance, training, financial or other assistance, related to military activities or the provision, maintenance or use of any arms and related materiel, including the provision of armed mercenary personnel whether or not originating in their territories...
It's tempting to interpret the "Libyan Arab Jamahiriya" as referring to the regime only rather than to the entire Libyan territory. Senators John McCain and Lindsey Graham argued that recently in response to the administration's insistence that arming the rebels would be illegal. As a matter of textual interpretation, the McCain/Graham position is a very tough one to defend. In several places, the resolution does refer to the "Libyan authorities"; if the Council had wanted to limit the arms embargo to the authorities, presumably it would have just said so.
The resolution does make several exceptions but none of them exempt weapons sent to rebels from the ban. The Council has established a committee to monitor the embargo, and it is empowered to make further exceptions. If the Council members want to create a loophole they can do so easily enough, but I don't see one yet.
David Bosco @'FP'

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