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The United Nations and the Responsibility to Protect: a Critical Review of the Libyan Crisis

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The United Nations and the Responsibility to Protect: a Critical Review of the Libyan Crisis 1 TITLE PAGE THE UNITED NATIONS AND THE RESPONSIBILITY TO PROTECT: A CRITICAL REVIEW OF THE LIBYAN CRISIS BY OHABUENYI, JONAS PG/M.Sc./10/52884 A PROJECT REPORT PRESENTED TO THE DEPARTMENT OF POLITICAL SCIENCE, UNIVERSITY OF NIGERIA, NSUKKA, IN PARTIAL FULFILMENT OF THE REQUIREMENTS FOR THE AWARD OF THE MASTER OF SCIENCE (M.Sc.) IN POLITICAL SCIENCE (INTERNATIONAL RELATIONS) 2 SUPERVISOR: PROFESSOR JONAH ONUOHA MAY 2013 APPROVAL PAGE This is to certify that this Project written by OHABUENYI, JONAS (PG/M.Sc/10/52884) has been approved for the award of the Master of Science (M.Sc.) in Political Science. 3 By ……………………….. ……….……………… Professor Jonah Onuoha P.C. Chukwu (Supervisor) (Ag. Head of Department) …………………………………… (External Examiner) 4 ....................................................... Professor C.O.T. Ugwu Dean, Faculty of the Social Sciences DEDICATION I dedicate this work to God and Humanity 5 6 ACKNOWLEDGEMENTS This work would certainly not have seen the light of the day without the unfailing sources of assistance, inspiration, knowledge, motivation and encouragement ushered both humanly and materially. I am grateful to all who deserve my sincere gratitude for the successful completion of this academic work. First, I appreciate my mother, Mrs. Veronica Ohabuenyi, whose continuous motherly love and encouragement enabled me to work hard in pursuit of success even in the face of obvious difficulties. Also to be appreciated is my father, Chief John Ohabuenyi (Aganigbo) of blessed memory. Though in his love for academics he had vowed to ensure that I got to the apex in the academic world, but never lived to see me get to this level. His dream is still alive, and his words of advice and caution while alive remain evergreen in my mind and have continued to direct me positively. May his soul rest in peace. I appreciate also my siblings; Joyce, Juliet, and Julius Ohabuenyi, not forgetting my late sister Jacinta Ohabuenyi (may her soul rest in peace) for their roles individually and collectively, they have always been behind me in full support. I deeply acknowledge and appreciate my uncle, Chief P.M. Ohabuenyi (Ononenyi 1) for his unfettered support and care. His role and contributions to my success in life cannot be quantified. May God continue to bless him. May I profoundly salute and appreciate my able and amiable supervisor, Professor Jonah Onuoha, for his outstanding manner of professionalism which on its own was a great source of courage and enthusiasm in carrying out this work to a successful completion. I cannot thank him enough, but I pray God to continue to make ways for him. 7 In a very special way, I am sincerely thankful to Dr. Gerald Ezirim, he has been such a friend and mentor that is not easy to come by. His encouragement, inspiration and support have never parted from me since my days as an undergraduate to date. His role and unreserved assistance towards the successful realization of this academic harvest is not to be forgotten. My gratitude also goes to other friends and colleagues including Professor and Mrs. C.E. Nwachukwu, Mr and Mrs. Festus Ngwoke, Prof. C.O.T. Ugwu, C.C. Ibeakanma. Mr. P. Nwufo (Eze Afulukwe), Attah P.U., Comrade Emeahara Goodluck, Dr. L.I. Mamah, P.C. Chukwu, Ven S.N. Dimelu, S.N. Asogwa, Engr/Mrs. Ezekiel Oshinloye, and others too numerous to mention here, for their assistance and support in various ways aimed at seeing me through this academic race. I will not forget to thank Professor Ken Ifesinachi for his tireless and continous inspiration and encouragement which continued to ring bell as a reminder in my mind. I thank all those who contributed in one way or the other in making this journey a success. Many thanks to my boss, Professor Malachy I. Okwueze, the Deputy Vice-Chancellor (Administration), University of Nigeria. Serving under him has added a lot of values to my life. My appreciation goes also to my uncle Mr. Dom Ohabuenyi and Mr. Daniel O. Abonyi for their continuous encouragement. To all my relations, friends, colleagues, associates, mates and peers, and to all those whose works (both voiced and in print) I consulted, I remain grateful. May God Almighty meet you all at your points of need. Finally, I will not forget to appreciate the almighty God without whom all human efforts would have ended in futility. May His name be blessed forever. Ohabuenyi, Jonas Department of Political science University of Nigeria, Nsukka May 2013 8 ABSTRACT There has been an increase in the number of intrastate armed conflicts across the world in the last two decades and this has no doubt generated lots of debates as to whether the international community has a right or an obligation to interfere in the domestic affairs of any state. This has brought into focus the issue of the limits of sovereignty and the justification for external interference in intra-state conflicts. This study focused on the uprising that took place in Libya in 2011. In exploring the perimeters to which sovereignty can be exercised in intrastate armed conflicts, the study also investigated how changing political realities and international norms enabled external interventions that were previously unthinkable. Therefore, it tends to justify the coalition intervention in Libya on the basis of the international community’s responsibility and stated commitment to protect civilians in any part of the world from mass atrocities. However, the manner of the engagement by the US and NATO led external forces in the fight for regime change in Libya leaves much to be desired. Even- though the intervention in Libya received the blessing of the United Nations Security Council (UNSC), a body so authorized to do so, controversy continues to trail the manner of its implementation. The doctrine of The Responsibility to Protect as propounded by Kofi Annan was used as a framework for analysis of this study. 9 10 TABLE OF CONTENTS Title Page - - - - - - - - - i Approval Page - - - - - - - - - ii Dedication - - - - - - - - - iii Acknowledgements - - - - - - - - iv Abstract - - - - - - - - - vi Table of Contents - - - - - - - - vii CHAPTER ONE: Introduction 1.1 Background of the Study - - - - - - - 1 1.2 Statement of the Problem - - - - - - - 4 1.3 Objectives of the Study - - - - - - - 7 1.4 Significance of the Study - - - - - - - 8 1.5 Literature Review - - - - - - - - 9 1.6 Theoretical Framework - - - - - - - 49 1.7 Hypotheses - - - - - - - - 55 1.8 Method of Data Collection - - - - - - 56 1.8.1 Method of Data Analysis - - - - - - 59 1.8.2 Research Design - - - - - - - 61 CHAPTER TWO: Genesis of the Libyan Crisis 11 2.1 Gaddafi’s Ascension to Power - - - - - - 63 2.2 Gaddafi’s Governance Style - - - - - - 65 2.3 Libyan Economy Under Gaddafi’s Regime - - - - 67 2.4 The 2011 Civil war and Collapse of Gaddafi’s Government - - 69 2.5 Libya Crisis Time Line - - - - - - - 70 CHAPTER THREE: Foreign Interests and Interventions in Libyan Crisis 3.1 Economic Interests: Libyan Resources and foreign Interests - - 72 3.2 United States Oil Interests in Libya - - - - - 75 3.3 The United States-Gaddafi Fallout - - - - - 78 CHAPTER FOUR: United Nations’ Responses to the Libyan Crisis 4.1 The Authorization of UN Resolution 1973 on Libya - - - 81 4.2 Regional Efforts: The African Union Response - - - - 84 4.3 Commencement of the NATO’s Military Operations in Libya - - 87 4.4 Failure of UN- Sanctioned NATO Forces in Protecting Libyan Civilian Population - - - - - - - 92 4.5 The Extra-Judicial Killing of Muammar Gaddafi - - - 94 CHAPTER FIVE: Summary, Conclusion and Recommendations 5.1 Summary - - - - - - - - - 96 5.2 Conclusion - - - - - - - - 97 5.3 Recommendations - - - - - - - 103 12 Bibliography - - - - - - - - 107 CHAPTER ONE INTRODUCTION 1.1. Background to the Study Since the end of the cold war, in territories ranging from northern Iraq to East Timor, and from Burma to Syria, a succession of urgent situations involving mass death and suffering of citizens has resulted in external military interventions that were justified on largely humanitarian grounds. There have also been situations in Rwanda and Bosnia, in which there was a strong case for such intervention, but either no action followed or any action taken was too little and too late. With the spate of violence that has pervaded virtually every part and the manner in which strong states have been able to dominate others, and even militarily over- powering them, and bearing in mind that international law desires and states clearly that sovereign states are to be left to their own devices to manage their own affairs independently, the question of intervention and non-intervention becomes very paramount in the quest for scholars to understand the activities of states. Moreover, when we realize that the sovereignty of states in the international system has been more or less overtaken by global interdependence and the emergence of sophisticated information and technological gadgets, we are bound to wonder why states still answer sovereign and independent entities. Over the last decade, a lot of worrying things have happened which decided the actions of responsible governments. Especially of note is the issue of intervening in the 13 internal affairs of independent and sovereign states. Some of the recent examples of total indifference to the plight of people that come to mind readily are the Somalia 1991/92 conflict, the 1994 Rwanda genocide, the Bosnia massacre of 1995 and the Kosovo crisis of 1999. The blasé attitude shown by the militarily powerful when these gruesome activities were going on in these four places have provoked a lot of debate on the responsibility of the international community towards the carnages that go on daily in the world generally, and Africa in particular. It was consequent upon this that the Canadian government in September 2000, with the approval of the United Nations (UN), formed the International Commission on Intervention and State Sovereignty (ICISS), whose duty was to look into the way interventions must and should be carried out by states in the international system.
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