Intervention in Libya demonstrates that the use of force on grounds of humanitarian intervention is permissible in public international law.

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“Intervention in Libya demonstrates that the use of force on grounds of humanitarian intervention is permissible in public international law.”

The UN Security Council (UNSC) adopted on the 17th March 2011 the Resolution 1973/2011 authorising “the imposition of a no-fly over Libya and taking all necessary measures to protect civilians” from the military forces of Muammar Gaddafi. A military force lead by the North Atlantic Treaty Organisation (NATO) was sent in Libya to protect “civilians” on the basis of “humanitarian consideration”. The Resolution conferred legality to the use of force in Libya. In this view, “the use of force on grounds of humanitarian intervention” seems “permissible in public international law.” This essay will evaluate this claim and this idea of legality of use of force upon the sovereign territory of another member State. Interventions that lead to the development of such principle will be analysed and whether, or not, the UNSC is going beyond its powers to confer legality to such actions based on humanitarian grounds.

The idea behind the creation of the United Nations and the drafting of its Charter found its inspiration in conflicts such as the World War II. To counter imperialism ambitions of certain States that have shaken the World and jeopardize international peace, the UN set out lots of measures to avoid the atrocities of war which are found in its Charter. The non intervention in domestic affairs of States and the prohibition of the use of force by Member States against other Member States was the main concern at that time. The Article 2 (4) of the Charter of the UN set out the rules: “All Members shall refrain in their relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the purpose of the United Nations.” However to counter any unforeseen situation, the UN also made exceptions to the rule in specific circumstances.

Legality of the use of force

Two exceptions to this rule have been included in the Charter of the UN. Article 51 allows the use of force if required in matter of self defence; and under Chapter VII of the UN’s Charter, when the UNSC authorises the use of force to protect international peace and security. These two articles confer the right to the UNSC to allow the use of force and to confer legality to military actions where the international peace and security is in danger and where States uses force against another State in the scope of self-defence. The Libyan case does not satisfy any of these criteria. Nonetheless, the UNSC granted the right to the NATO and its allies to intervene in Libya by using “all necessary measures.” Ten out of fifteen members of the UNSC voted in favour of the Resolution 1973/2011 co-sponsored by the United States, France, Great-Britain and Lebanon. China, Russia, India, Brazil and Germany abstained. They did not vote for the resolution as “all the peaceful measures to settle this conflict have not yet been used.” The Members that voted in favour stated that a military intervention was necessary to protect “the civilian population from the bombing.” The Indian representative at the UNSC justify his abstention as follow: “The Resolution 1973 was based on very little clear information, regarding lack of certainty of who is going to enforce to enforce the measures.” 

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It is the UNSC which confers legality to the use of force and it is clearly what it did for the Libyan case. The Council used the Chapter VII of the UN Charter, leading to the adoption of the Resolution 1973/2011. In the case of Libya, the use of force was supported by the arguments that the international community have to intervene to protect the civilians on a humanitarian ground. However, not all Sates that have put forward this principle to justify the use of force in other member states have received the approval of the UNSC. The intervention ...

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