Showing posts with label United Nations. Show all posts
Showing posts with label United Nations. Show all posts

Sunday, April 3, 2011

Do We Have a ‘Responsibility to Protect’ Civilians in Côte d’Ivoire?

(WARNING: This blog post contains graphic images of war crimes. If you are upset by images of dead bodies then do not continue.)

A dictator stands in defiance of the will of his people. His security forces are shooting nonviolent demonstrators, and a full-fledged civil war has erupted between popular militias and regiments loyal to the incumbent regime. The civilian population is caught in the crosshairs, and the dictator’s paramilitary death squads and mercenaries have resorted to the indiscriminate slaughter of neighborhoods, cities and clans suspected of subversion. An entire nation sits precariously on the brink of genocide. Millions of civilian men, women and children have fled from the violence to become a long term caste of internally-displaced persons and war refugees, destabilizing every country in the region. The people can only pray for the international community to take a stand to protect them from annihilation.

I’m not talking about Libya, however, but another country whose fate might have even greater implications for the fate of African democracy: the Ivory Coast.


Any proponent of this democratic tide which has swept away dictatorships in North Africa should be equally if not more enthusiastic for the ouster of Laurent Gbagbo - the president/dictator of Côte d’Ivoire since 2000. When his term ended in 2005, Gbagbo simply declined to hold new elections and ensconced in the presidential palace for another five years as an unelected warlord. In Gbagbo we have not a long-standing monarch or military leader who is merely facing a sudden popular revolt, but a strongman who had stolen a position of authority by subverting his country’s inchoate democratic institutions.


Ivorian President Laurent Gbagbo agreed to hold a presidential election in November 2010. According to all objective observers, former Prime Minister and IMF economist Alassane Ouattara won with an unambiguous plurality of 54 percent of the vote. Nevertheless, the Gbagbo-appointed Constitutional Council declared “widespread fraud” in the pro-Ouattara northern provinces and rejected all of those districts’ ballots - disenfranchising enough voters to certify Gbagbo the winner with an alleged 51 percent of the vote. Gbagbo’s nullification of the Ivorian presidential election was the world’s greatest bastardization of the franchise in recent memory; fittingly, the incumbent nonsensically claiming victory in defiance of all objectively verifiable truth had campaigned on the slogan “We win or we win”.

Moreover, as President of Côte d’Ivoire Gbagbo provoked the Ivorian population into civil war, pitted his Christian-majority South against the Muslims of the North, incited xenophobic violence against French expatriates and immigrant workers from Burkina Faso, Guinea and Mali. Since the November election, ex-president Gbagbo widened the category of enemies of his quasi spiritual-nationalist-chauvinist regime and effectively declared war on the Ivorian civilian population which rejected him at the polls - a clear majority of the electorate. Ivorian soldiers and pro-Gbagbo youth gangs have terrorized tribes, clans, villages and neighborhoods as collective punishment for marking their ballots for Ouattara.



The moral cravenness of the Gbagbo regime was best exhibited this past March when the market women of the Abobo neighborhood in Abidjan demonstrated for an end to the fighting, carrying tree branches and chanting "We want peace".


Gbagbo’s forces mowed them down with machine guns, killing eight.

Despite the fact that they have declared allegiance to the rightful President Ouattara, lovers of liberty should hold little sympathy for Les Forces Nouvelles who are swiftly descending from their northern territories to conquer Gbagbo’s strongholds in the South. Les Forces Nouvelles are for the most part jackbooted thugs who likewise govern their territory through extortion, intimidation and outright theft.


Credible reports by Amnesty International and Human Rights Watch have documented an FN modus operandi of arbitrary detentions, torture, extrajudicial killings and sexual violence directed towards those tribes, clans and villages accused of loyalty towards the Gbagbo junta. Aid groups descending upon the western town of Duékué recently “liberated” by the FN have discovered mass graves and piles of bodies which may turn out to evince more than 1,000 individual war crimes.

The Ivorian civilian population needs protection from both factions in this gruesome war. The apathy of the international community in respect to the crisis in Côte d’Ivoire is disgraceful, especially considering the fact that the United Nations already has a peacekeeping force of 9,000 mostly French and Bangladeshi personnel in this country. UN peacekeepers have been stationed in Côte d’Ivoire since 2004, in fact. However, the UNOCI peacekeeping forces effectively only serve to stabilize the expatriate neighborhoods of Abidjan and the environs immediately surrounding Le Golf Hôtel where Ouattara’s government-in-internal-exile has stood under siege since November. Like the UN peacekeeping forces which could only stand their ground and watch as genocide unfolded in Rwanda and Sudan, the powers that be have apparently destined UNOCI to serve as a mere witness to the human slaughter in Côte d’Ivoire.

The United Nations Operation in Côte d’Ivoire (UNOCI) is authorized by Resolution 1528, which was passed unanimously in the Security Council back in 2004 and reauthorized and augmented in a series of subsequent resolutions. UNSCR 1528 which begat UNOCI is actually remarkably similar to UNSCR 1973 which brought us the present Operation Odyssey Dawn; each was ostensibly crafted on the liberal humanitarian and politically neutral rationale of maintaining a cease-fire and protecting civilians.

One major difference is that UNSCR 1973 authorized member states to enforce a no-fly zone to protect the Libyan rebels and civilians from assault by the Libyan Air Force; though the Gbagbo has used the Ivorian Air Force to pummel FN positions and civilian targets, and in 2004 even attacked the French air base in Bouaké (killing nine French soldiers and an American aid worker), the mandate for UNOCI has never included the enforcement a no-fly zone. Understandably so; most of the war crimes conducted by both sides in the Ivorian Civil War have been implemented by foot soldiers.

Another major difference – arguably more subtle but a more consequential difference nonetheless – is that UNSCR 1973 authorized member states to enforce the transport of arms in and out of Libya, and a significant portion of participants in Operation Odyssey Dawn have actively deployed their respective navies to hold up the blockade and starve Qaddafi of arms. UNSCR 1528 and its follow-up resolutions similarly exhorted member states to enforce an arms embargo on Côte d’Ivoire as well, but no one has seemed to notice. Even since the post-electoral revival of hostilities, UN investigators have been pursuing reports that guns, ammunition, perhaps even attack helicopters and aircraft may have been imported from Zimbabwe, Angola, even landlocked Belarus. Though some of the individual accusations may turn out to have be groundless – apparently the Belarussian helicopter sale had indeed been planned but never actually executed – the fact that Ivorian seaports and airports have been open to commercial traffic at all is testament to the fact that no relevant powers of the international community are earnestly committed to enforcing the arms embargo which is crucial to minimizing the extent of the Ivorian bloodbath.

Conversely, the UN-authorized operations in Libya are extremely dissimilar from UNOCI in that whereas Obama, Sarkozy, Cameron and every other power player has repeatedly insisted that Odyssey Dawn will not entail the deployment of ground troops, the multilateral campaign is being conducted exclusively by air and sea, the peacekeeping mission in Côte d’Ivoire consists almost exclusively of ground troops. UNOCI now consists of 9,024 uniformed personnel on the ground, including 7,578 troops, 176 military observers and 1,270 police – disproportionately Bangladeshi infantry and French gendarmes. Boots on the ground do not necessarily make the UN mission in Côte d’Ivoire any more effective; they have been by and large limited in their conduct to securing President Ouattara and his coterie at Le Golf Hôtel and only the most modest of civilian protection operations in Abidjan.

The crippling reserve exercised by UNOCI is likewise based on the exponentially greater risk of protecting civilians via ground troops; to date, 54 UN personnel have been killed in the line of duty in Côte d’Ivoire – more than the total death toll of US personnel in Bosnia, Kosovo, Colombia and Haiti combined. As the Obama administration is preoccupied with extricating our land forces from the quagmires in Iraq and Afghanistan, they are reasonably squeamish about committing to any sort of civilian protection operations that cannot be executed by B-2 stealth bombers or guided-missile destroyers.

It seems that the logistics of peacekeeping in Côte d’Ivoire might be daunting, even more so than our “kinetic military action” in Libya. Yet it seems that the moral logic of intervention is in both countries is indistinguishable. President Obama intones that action was necessitated by the specter of full-out massacre in Benghazi – an action which “would have reverberated across the region and stained the conscience of the world”. Indeed it would have. But are our consciences not stained by the massacres in Abobo and Duékué?

Obama argues that the United States has a strategic interest in preventing a massacre which “would have driven thousands of additional refugees across Libya’s borders, putting enormous trains on the peaceful – yet fragile – transitions in Egypt and Tunisia.” At last count, the UN High Commissioner of Refugees stated that at least 116,000 Ivorian refugees had already fled to neighboring Liberia, Ghana, Burkina Faso, Mali and Guinea – with more than 100,000 in Liberia alone. All of these countries are already suffering from some degree of political instability, anemic economies and intolerably high levels of unemployment; hence the situation we have now with multiple millions of internally displaced Ivorians who might very well pour over the borders bodes terribly ill for West Africa’s fragile democracies.

Obama contends that if the U.S. did not intervene in Libya, “The democratic impulses that are dawning across the region would be eclipsed by the darkest form of dictatorship, as repressive leaders concluded that violence is the best strategy to cling to power.” Though as Laurent Gbagbo defied the will of his people and nullified the election in which he lost, we demonstrated to the young democracies of Africa that we would respond to their power grabs with sharply-worded proclamations and economic sanctions that we would not bother to enforce. This year alone presidential elections are scheduled to be held in Liberia, Nigeria, Cameroon, Zimbabwe, and seven other countries on the continent; is the lesson of Ggbagbo to be learned by African incumbents that they should do well to stay in power by not holding elections at all?

Moreover, Obama maintained that intervention in Libya was necessary to uphold the credibility of the UN itself, that had we not acted “The writ of the United Nations Security Council would have been shown to be little more than empty words, crippling that institution’s future credibility to uphold global peace and security.” How does United Nations make itself credible when the Security Council calls for a cease-fire and does not enforce it? Or when the Security Council enacts an arms embargo on a war criminal regime – but not a single member state is willing to interdict cargo ships and planes bound for it? How can any institution be trusted to keep the peace in the African heartland when its peacekeeping mission cowers on the beaches of Abidjan?

In all fairness, the newly-christened Obama Doctrine is more nuanced than a mere postulate of normative ethics; the rubric for intervention laid out in the President’s “Responsibility to Act” speech is a complex calculus of moral imperatives and cold cost-benefit analysis. And he did state quite clearly: “It’s true that America cannot use our military wherever repression occurs”; i.e. sometimes despots will crush their people and the United States will do nothing because – however righteous intervention might be – we cannot afford to intervene, or we can but the fate of the country in question is not in our core national interests.

And likewise, it looks quite manifest that the international community is not going to take any substantive action to protect the Ivorian civilian population, that this civil war is probably going to end within a matter of hours as the Les Forces Nouvelles seize hold of the last military bases and police stations in Abidjan, the television station and the presidential palace, the last Gbagbo loyalists either defect, surrender or are summarily executed by the victors. Laurent Gbagbo himself will most likely come to an end with a bullet to the temple. And one can only imagine what sort of “revolutionary justice” the FN Jacobins might mete out to the neighborhoods, villages, and clans which voted for Gbagbo. This sort of African solution to an African problem will not put the lives of any U.S. troops on the line and it won’t cost taxpayers a dime; from our narrow self-interest, it might even be an efficient policy of isolationism. Though for the Ivorian people, on the other hand, it might mean tens of thousands of civilian deaths which could have been completely prevented had the international community made a serious stab at intervention.

As we bask in the self-righteousness of pre-empting humanitarian calamity in Libya, how do we sit content with the knowledge that civilians are being massacred at this very moment, that the United States could very well lead a multilateral coalition to protect the Ivorian civilian population – but we politely declined? How might our academies’ mightiest metaphysicists and international human rights lawyers conclude a moral “responsibility to protect” civilians in Libya – but not civilians in Côte d’Ivoire? What makes a real, actual massacre in Duékué any less atrocious than a hypothetical massacre in Benghazi? Is it the fact that Libyans are Caucasoid enough that they almost resemble Europeans – but Ivorians are much darker-skinned Others? Or is it that the Western economies cannot handle even a mild oil shortage – but we can cope with civil war in countries whose greatest export is the cocoa bean?

This author for one sympathizes greatly with the doctrine of a “responsibility to protect” which is evolving out of the legal framework of Odyssey Dawn, but a legal doctrine which aims to uphold the values of universal human rights either necessitates intervention to protect both peoples or neither. If the power elite espouse a “responsibility to protect” the people of Libya, but find no such obligation to intervene on behalf of the Ivorians, their reasoning must be predicated on some combination of apathy, hypocrisy, or the kind of cold-blooded economics in which human costs merit no consideration.

Sunday, March 20, 2011

The Elusive Aim for Regime Change in UNSCR 1973

Just as any thinking person cannot help but identify with the demonstrators for constitutionalism and parliamentary self-government everywhere throughout our Arab Spring, this lover of liberty empathizes with the Libyan rebels who wish to oust the bizarre, sadistic one-man revolution of Colonel Muammar el-Qaddafi. I would have preferred to have seen Qaddafi go relatively peacefully like Ben Ali and Mubarak, I would have preferred to see the Libyan insurrectionists overthrow their tyrannical regime with their own hands. Obviously neither of those scenarios were fated to be, and now apparently the only way to prevent the massacre of rebel forces and Libyan civilians by the Qaddafi loyalists is with some form of foreign military intervention.

The legal internationalist should have been opposed to unilateral U.S. intervention in Libya without a casus belli of self-defense, without authorization by the United Nations as it would have been a violation of international law. Likewise, I would have registered my doubts if France, Britain, or the Arab League were to intervene under such terms. However, now that the Security Council has just passed UNSCR 1973, concerns about illegal warfare should be largely assuaged. So long as the U.S. or any other foreign country wishes to intervene in Libya in accordance with the U.N. mandate, the matter of a no-fly zone is no longer a debate of de jure legality but one of normative politics and logistics. As the U.S. Air Force and Navy intervene, the objective rationalist should hope that they can get the job done with as few casualties and with as little cost as possible. The question remains though; what precisely does this job entail?

Now that the U.N. mission in Libya is a reality, cheerleaders of military intervention would be wise to temper their populist fervor by carefully reading the exact text of United Nations Security Council Resolution 1973. UNSCR 1973 is the follow-up to UNSCR 1970 passed on February 26th which

1) referred the situation in Libya to the International Criminal Court for investigations of war crimes, crimes against humanity and genocide;

2) instituted an embargo of arms transfers to Libya, Libyan arms exports, and the movement of mercenaries to fight in Libya;

3) imposed travel bans 17 Jamahiriyah figures and enacted asset freezes on Colonel Qaddafi and his sons;

4) called on U.N. members states to contribute humanitarian assistance to Libyan civilians.

As far as U.N. sanctions go, even the preliminary USCR 1970 was just about as strong as they come; it essentially revived the bulk of the U.N. sanctions imposed on Libya in UNSCR 748 (1992) and 883 (1993) in the wake of Tripoli’s sponsorship of the Lockerbie bombing and eventually eased from 1998 to 2003.

UNSCR 1973 tightens the screws on Qaddafi a bit further. The Resolution contains a range of operative clauses which authorize limited foreign intervention operations – with the politically neutral, strictly humanitarian objective of reducing civilian casualties. With 1973, the Security Council…

1. “Demands the immediate establishment of a cease-fire and a complete end to violence and all attacks against, and abuses of, civilians”...

2. Authorizes Member States “to take all necessary measures”… “to protect civilians and civilian populated areas under threat of attack in the Libyan Arab Jamahiriya, including Benghazi, while excluding a foreign occupation force of any form on any part of Libyan territory…”

6. “Decides to establish a ban on all flights in the airspace of the Libyan Arab Jamahiriya in order to protect civilians”... (i.e. flights with a military purpose, explicitly excepting flights with humanitarian passengers or cargo)

8. “Authorizes Member States… to take all necessary measures to enforce compliance with the ban on flights…”9. Calls upon Member States to provide assistance with the implementation of the no-fly zone and protection of civilian populations, including the use of air bases and airspace

13. Calls upon Member States “to ensure strict implementation of the arms embargo” established in UNSCR 1970 by inspecting vessels and aircraft in their seaports, airports and territorial waters bound to or from the Libyan Arab Jamahiriya

16. Calls upon Member States to take action to enforce UNSCR 1970’s ban on the import of mercenaries from their own respective populations or traveling through their territories bound for Libya

17 and 18. ...and to enforce the air embargo on the Libyan Arab Jamahiriyah
UNSCR 1973 calls for enforcement mechanisms of the arms embargo, mercenary embargo, air embargo and financial sanctions previously laid out in UNSCR 1970. UNSCR 1973 strengthens the Security Council’s prior ultimatums to Libya with demands for a cease-fire. And most dramatically, UNSCR 1973 includes a mandate for foreign military intervention, calling for U.N. Member States “take all necessary measures” “to protect civilians and civilian populated areas under threat of attack” and to enforce the no-fly zone. Period.

This resolution authorizes an agenda which should satisfy the self-ascribed humanitarian interventionists whose objective begins and ends at the prevention of civilian casualties. The no-fly zone applies to the Qaddafi loyalists as well as the Benghazi rebels alike – technically. But obviously it was intended to be enforced against the only faction in the Libyan Civil War which is employing Air Force bombers and heavy artillery against civilian populations. UNSCR 1973 was quite patently constructed for enforcement against only one side to the dispute, and it would be a fair bet to assume that there will be little to no incidence of coalition air strikes against Libyan rebels who might be in violation of the so-called cease-fire.

Though this Resolution might yet tilt the civil war in the rebels’ favor, let’s not get carried away to think that the Security Council has just authorized regime change in Tripoli. UNSCR 1973 does not authorize Member States to take action against Libyan military targets unrelated to the enforcement of a cease-fire, the implementation of the no-fly zone or the protection of civilians. It does not authorize France to bomb Libyan Army barracks full of soldiers engaged in calisthenics training. It does not authorize Britain to provide air cover for a rebel offensive on loyalist-held territory; it does not allow anyone to fight the Benghazi rebels’ civil war for them. Just as the George H.W. Bush administration refrained from marching onto Baghdad as such a move would have exceeded Operation Desert Storm’s narrow U.N. mandate to eject Iraqi forces from Kuwait, the coalition amassing to intervene in Libya cannot legally expand its objective to regime change in Tripoli.

Yet for some reason (perhaps these same Neoconservative interventionists’ dissatisfaction with the outcome of the first Gulf War) I don’t think that the present day Libya hawks would sit content with an endgame that leaves Colonel Qaddafi in power.

John McCain – one of the first major outspoken proponents of a no-fly zone – makes no bones about its final cause: “If you want Qaddafi to go, then one of the steps – among many – would be to establish a no-fly zone…”

Joe Lieberman conflates the objective of preventing civilian casualties with supporting the rebels and regime change:

“The president has made clear that Gadhafi’s got to go; he’s no longer the legitimate leader of Libya, and the question is what are we going to do to help make sure that Gadhafi goes as quickly as possible because the danger here is that this is going to become a bloody stalemate, a civil war, a bloody civil war...”
Iraq War architect Paul Wolfowitz calls for not just a no-fly zone in Libya, but for the U.S. to recognize the National Council in Benghazi as the legitimate government of Libya, providing the rebels with arms, supplies and direct military intervention:

Recognizing the new National Council would affect the psychology of both Gadhafi's cronies and his brave opponents. Ending the mixed signals sent by U.S. hesitation over recognition would end any possibility of rehabilitating Gadhafi if he wins. Absurd as that may sound to us—particularly after President Obama has declared that Gadhafi must go—this is probably the outcome that Gadhafi's cronies hope for, and that his opponents most fear.
David Frum – who wrote some of the Bush administration’s seminal speeches on regime change in Iraq and who himself laid the case for regime change in Iran and Syria – draws the argument for intervention directly to the need to oust the Libyan government:

“Gadhafi’s departure from power in other words is not just a requirement of humanity and decency. It’s not only justice to the people of Libya. It is also essential to American credibility and the stability of the Middle East region.”
My intent in harping upon this point is not to draw a straw man argument but to elucidate the U.S. Libya hawks’ intentions. It seems that there are two camps in this present discourse who have been clamoring for a no-fly zone. The first camp would be the liberal humanitarians who are concerned exclusively with the prevention of civilian casualties, who could be content with the Libyan rebels putting down their arms and the partition of Libya into a provisional rebel territory based in Benghazi and a Qaddafi rump state in Tripoli. The second faction for a no-fly zone is that of the Neoconservative hawks who embrace the language and purported objectives of the liberal humanitarians but make it clear that they do intend for the U.S. to take sides in this conflict, and that a no-fly zone is only the preliminary action that ought to be taken as part of a larger campaign to oust Qaddafi. This is notable because UNSCR 1973 explicitly only authorizes foreign military intervention to attain the goals of the liberal humanitarians, and the broader goals of regime change and democratization in the Arab world which the Neocons espouse – as desirable as they might be – go far beyond the scope of the U.N. mandate.

As for yours truly, I could not help but empathize with the Wolfowitz, McCain, et al.’s dream of establishing constitutional monarchies, republican and parliamentary regimes which derive their moral authority to lead from the popular will from Kabul to Baghdad to Tripoli. I agree with the liberal sentiment that the blossoming of democracy and free markets in repressed authoritarian societies should sow the seeds for peaceful change and political moderation, that the demise of states like Qaddafi’s nightmarish Jamahiriyah should lead to the stabilization of the region, undercut the appeal of Islamic fundamentalism and reduce the threat of anti-American terrorism in the long run. And by the way, regime change in Tarabulus is what a good plurality the Libyan people apparently want – it is certainly a desirable end. Regardless, there is no way to read the relevant documents of international law (namely the United Nations Charter, UNSCR 1970 and UNSCR 1973) and conclude that signatory U.N.O. Member States such as the U.S. can simply declare war on Libya and overthrow Colonel Qaddafi on a whim.

It would be perfectly plausible for the Obama administration to heed Wolfowitz’s advice and follow the lead of France and Portugal in recognizing the National Council in Benghazi as the legitimate government of Libya. Such a move would allow the administration to abide by myriad U.S. restrictions on military and economic aid to the Benghazi regime – though it would not make it any easier for the U.S. to exercise decisive force on Tripoli to bring a quick end to the Qaddafi regime. So long as the United Nations recognizes the Jamahiriyah as the legitimate government of Libya and Muammar el-Qaddafi as its legitimate ruler, the United Nations Charter stands in the way of a legal NATO-Arab League operation to subvert the Tripoli regime.

Though imagine if the following events – all perfectly plausible – were to precipitate in New York, Cairo and Benghazi over the course of this week:

1) After recommendation from the Security Council, the Arab League and the African Union member states were to sponsor a General Assembly resolution calling for the expulsion of the Great Socialist People’s Libyan Arab Jamahiriyah from the U.N.O. – which they can do according to Chapter II, Article 6 of the United Nations Charter. It passes.

2. Those same Arab League, African Union countries sponsor a second General Assembly resolution calling for the recognition of the National Council in Benghazi as the legitimate government of Libya. It too passes.

3) The newly-recognized Libyan government in Benghazi were to appoint a new Ambassador to the U.N. (perhaps Mohammad Shaghash, the Ambassador who recently defected from Tripoli)

There is something of a precedent for this. The Republic of China led by Chiang Kai-Shek joined the United Nations Organization as one of its founding members in 1945, the U.N. continued to recognize the R.O.C. governmentin Taiwan as the rightful representatives of all of China until 1971. By that time when the Chinese Civil War had been long settled in favor of Mao Tse-tung and his Red Army, the General Assembly passed Resolution 2758, which concluded:

"the representatives of the Government of the People's Republic of China are the only lawful representatives of China to the United Nations and that the People's Republic of China is one of the five permanent members of the Security Council,"
Furthemore, the General Assembly decided:

"to restore all its rights to the People's Republic of China and to recognize the representatives of its Government as the only legitimate representatives of China to the United Nations, and to expel forthwith the representatives of Chiang Kai-Shek from the place which they unlawfully occupy at the United Nations and in all the organizations related to it.”
UNGAR 2758 effectively stripped the R.O.C. from membership in the U.N.O. and transferred its General Assembly and permanent Security Council seats to the People’s Republic of China.

If the General Assembly were to expel the Great Socialist People’s Libyan Arab Jamahiriyah from the U.N.O. and replaced with representatives of the regime in Benghazi, as far as international law goes, we’d be talking about a whole new ballpark. If the provisional government in Benghazi is recognized by the U.N. as the legitimate government of all of Libya, Qaddafi’s armies would then be just another non-state militant group with no legal standing akin to the I.R.A., P.L.O., the Janjaweed, etc. which Tripoli propped up at one time in the past. Perhaps the Qaddafi-loyalist Libyan Army, Libyan Navy and Libyan Air Force could even be classified as terrorist organizations (as the U.S. now classifies the Iranian Revolutionary Guards) and thus any government aiding or abetting them financially or otherwise could be designated as a State Sponsor of Terrorism…

If – under such circumstances – the Libyan Ambassador to the U.N. were to call upon the aid of fellow Member States to come to his nation’s protection, there would be very little in the wide corpus of international law standing in our way to shower Benghazi with guns, ammunition, tanks and artillery. The legitimate Libyan government could call upon U.N., Arab League and African Union member-states to come to its aid against an existential threat just like Saudi Arabia and Kuwait did in 1990. A joint NATO-Arab League-African Union coalition could perfectly legally and with the fully nationalist legitimacy of the pan-Arabist, pan-Africanist regional organization defend the rightful Libyan government in Benghazi and help them to quash the “rebellion” in the Tripolitania.

Nevertheless, now that a truly multilateral military intervention in Libya has explicit Security Council authorization and de jure legality, this blogger is still concerned about the doctrinal repercussions. Yes we can intervene, but why ought we intervene in Libya? Is it because the international community has an obligation to strike against states in order to prevent gross human rights abuses and crimes against humanity? If that is the case, what makes the atrocities in Libya worthy of a U.N.-enforced no-fly zone – but not the atrocities in Darfur or the Gaza Strip? Let’s suppose that the people of Bahrain and Yemen were to call upon the U.N. to send peacekeeping forces to protect their nonviolent demonstrations from being massacred by their own totalitarian states – under what doctrine of protecting civilians must the U.N. intervene in Libya but not Bahrain and Yemen?

The established doctrines of military intervention might need some significant revision in the wake of newly-christened Operation Odyssey Dawn – especially if the Obama administration were to heed the advice of Wolfowitz, Lieberman, et al. and wholeheartedly take the side of the Benghazi rebels in the Libyan Civil War. The U.S. has conducted regime change under the ostensible rationales of containing thwart Communist aggression and preventing state-sponsored terrorist attacks. Though in this circumstance there isn’t the slightest pretense of intervening in order to prevent acts of aggression against American national security interests. G.A. Resolution 2785 only recognized the outcome of the Chinese Civil War 22 years after the fact. Is the United States now obligated to intervene in every single conflict between an undemocratic regime and a popular movement opposed to it and to always side with the latter? Is the Arab League, the African Union, NATO and United Nations? Or are we only obligated to take sides in civil wars against dictators like Qaddafi whom we have always disliked?

If the Obama administration were to invoke the international law of the United Nations Charter and the Universal Declaration of Human Rights, exert our political sway before the General Assembly and Security Council, exercise the power of the United States Armed Forces and our treaty alliances in order to replace Qaddafi’s dictatorship in Libya with some form of constitutional self-government, we would be entering a brave new doctrinal tomorrow. Would the United States be henceforth bound to some sort of Obama Doctrine which extends the Monroe Doctrine all the way to the Sahara Desert and establishes a universal doctrine for the United States to intervene on behalf of every popular movement in Africa and the Middle East? If we were to back the National Council in Benghazi to subvert Qaddafi’s dictatorship in Tripoli, we would be establishing a foreign policy more Wilsonian than anything Woodrow Wilson could have fantasized, a foreign policy which would interpret the promise of the Declaration of Independence as an affirmation of global human rights including a right to government by multiparty elections and the right of revolution against undemocratic regimes? Personally, I don’t think that sounds half bad…

However, if the Obama Doctrine formulated to justify intervention in Libya is going to have any moral bearing this precedent for intervention must be applicable to other comparable cases. If the impending humanitarian catastrophe in Benghazi is sufficient reason for the international community to take a forceful stand against the war criminal regime in Libya, then we must go through the Security Council to intervene on behalf of the people of Côte d’Ivoire, Zimbabwe, Guinea, the Congo, Sudan and Eritrea against their respective war criminal regimes. On the other hand, if the doctrinal precedent is meant to be “limited to the present circumstances”, inapplicable to any future cases because our interests are not threatened by these police states’ genocides and political massacres, then it would demonstrate that our principles of intervention are either nonexistent or false. Libya could only be a singularity designated for regime change if the capacity of unmitigated evil were limited to the persona of Muammar al-Qaddafi. If the millions of victims of Robert Mugabe, Laurent Gbagbo and Omar Hassan al-Bashir are deemed somehow less worthy of our intervention than the thousands of victims of Colonel Qaddafi, our inaction would prove ipse facto that the liberal case for intervention in Libya is just a humanitarian fig leaf for our discomforting, venal interests in the makeup of the Libyan regime; U.S. hegemony over North Africa and the petroleum which lies beneath her sands.