UN Security Council has the Duty to Liberate Libya
Ali Asghar Kazemi
February 25, 2011
The Libyan crisis has come to a critical point that without an immediate all-out intervention from the international community the situation will end up to a human tragedy and disaster. The Libyan dictator has so far refused to submit to the demands of the people and appeals of the international community. He has used every means at its disposal to annihilate the protesters around the country. There is indeed a real case of genocide going on in Libya and something has to be done immediately to halt the horrible situation in oppressed country.
The legitimate organ of the United Nations to intervene in such situation is indeed the Security Council that under Article 39 of Chapter VII of the UN Charter is duty bound to recognize that in fact the crisis has endangered international peace and order and decides for appropriate actions to terminate the horrible condition. In such case, the members of the Council shall decide on some temporary measures and the enactment of relevant provisions of the Charter including Article 42 allowing military intervention.
Unfortunately, the Security Council has proven to be very slow or inactive in similar cases in the past and this has left many defenseless people under dictatorial oppressions around the world. There is no doubt that, from a legal point, states’ sovereignty is still dominant determinant in international law and the world community so far lacks the appropriate quick and efficient mechanism to face similar crisis situations.
This lacuna should be remedied in due time. But, for the moment an urgent action is needed by the Arab League along with the United Nations. The Security Council shall convene promptly and adopt a Resolution on the matter. This resolution has all the chances to be supported by all permanent and non-permanent members of the Security Council. The modalities of the military intervention under UN flag should be decided according to relevant articles of Chapter VII of the UN Charter.
At this critical point of time, there is no more room for hesitation, deliberations, and political expediency and the whole international community should facilitate proper execution of the Security Council Resolution. Those who are still perplex on the immediate action to liberate Libya shall stay away from the case and do not hamper this urgent humanitarian mission, otherwise, they will encourage more bloodshed and genocide in this horrible crisis.
We shall continue watching the Libyan situation and will write further comments on the case if necessary. /
* Ali Asghar Kazemi is professor of Law and -International Relations in Tehran-Iran. Students, researchers, academic institutions, media or any party interested in using all or parts of this article are welcomed to do so with the condition of giving full attribution to the author and Strategic Discourse. ©All Copy Rights Reserved.