THE UNIVERSITY OF DODOMA

COLLEGE OF BUSINESS STUDIES AND LAW

DEPARTMENT OF LAW
COURSE NAME:
COURSE CODE: LW 225
COURSE INSTRUCTOR: MR KUSENHA N.

SUBMISSION DATE: 28TH JUNE 2020.

No NAME OF STUDENT REGSTRATION NUMBER SIGNATURE

.
1. BARAKA M. HAMIS T/UDOM/2018/08963

2. TEDDY S. TAIRO T/UDOM/2018/12586

3. JESCA F. NGAHWELA T/UDOM/2018/11055

4. JOSHUA MATIKO T/UDOM/2018/12572

5. LAURA S. MCHUMA T/UDOM/2018/07369

6. CELESTINE F. DEUS T/UDOM/2018/04690

7. LILIAN S. SHIRIMA T/UDOM/2018/07370

8. JONAS M. NDOMEE T/UDOM/2018/04647

9. DASTAN A. NDUNGURU T/UDOM/2018/04688

QUESTION:

INTRODUCTION
Humanitarian intervention it’s an action or actions undertaken by organization or

organizations that are intended to stop extensive human suffering within the borders of the

sovereign state. Humanitarian intervention is the means to prevent or to stop gross violation of

human rights in a state or nation whereas such state is either unwilling or incapable of protecting

its own people and their rights1. There had different intervention in different states of the world

for instance India’s intervention in the Bangladesh war of 1971, Tanzania’s intervention in

Uganda of 1979, Vietnam interventions in Cambodia in 1978 AND NATO Intervention in Libya

in 2011, thought there is criticism since intervention undermines sovereignty which has been

provided by law under Article 512.

NATO (North Atlantic Treaty Organization) It is also is known as North Atlantic Treaty

Alliance was created for the purpose of guaranteeing freedom and security of its members

through political and military means. NATO was committed to the principle that an attack

against one or several of its members is considered as an attack against all. The principle is

referred as collective defense provided under Article 5 of the Washington Treaty. NATO is an

alliance from Europe and North America which provided unique link between this continents

enabling them to consult and cooperate on the field of defense and security3

THE SITUATION OF LIBYA BEFORE THE HUMANITARIAN INTERVENTION

In 2011 there were a wave of popular protests throughout middle-east and northern Africa. Main

peaceful demonstrations against entranced regimes which resulted quick transfer of power in

1
Britannica “Humanitarian Intervention” https://www.britannica.com/topic/humanitarian-
intervention accessed on 25th June 2020.
2
The charter of United Nations of 1945.
3
NATO “WHAT IS NATO?” https://www.nato.int/nato-welcome/ assessed on 25th June 2020.
Egypt. The situation in Libya, the regime of Muammar Gaddafi led to the rise of civil war and

international interventions due to the mass uprising in Libya as opposing the regime of Gaddafi.

The uprising made Libya facing civil wars which made to rise of anti-governmental and pro-

governmental groups. The groups fought and made the government to use forceful means in

suppressing the uprisings like use of rubber bullets, the usage of war-crafts, tanks and gunships 4.

The usage of forceful made Libya to be suspended from United Nations Human Rights Council

on 1st March 2011 by United Nations General Assembly5 also many of Libyan embassies in

countries started closure.

Later on Gaddafi announced that the demonstrators are traitors and he will fight them. The

government also declared to fight up to the last bullet as provided by Gaddafi’s son on interview

with television. The internal social and political unrests became abruptly and Gaddafi’s power

started became low as his military started to break up.

Foreign leaders put pressure for Gaddafi’s step down from the regime which made the UN

Security Council unanimously approved a measure that included to refer the Libya situation to

the International Criminal Court (ICC) with the follow of US and the EU.

However Gaddafi was clinging in power that the situations were an al-Qaeda’s mission and they

used hallucinogenic drugs for uprising and the western leaders who wanted him to step down

were in the naïve to colonize Libya. He insisted that Libyans still love him and wanted him.

Rebels also wanted Gaddafi to step down of the regime, on the basis that the want a democratic

country. International community debated on the possible diplomatic and military means towards

4
Britannica “Libya Revolt of 2011” https://www.britannica.com/event/Libya-Revolt-of-2011
accessed on 25 June 2020.
5
Ibid.
Libya. On March 11 2011 the EU unanimously called for Gaddafi to step down. However

international community remained divided on the military intervention and protestors made non-

fly zone over Libya. France, UK and other countries relied on the use of military intervention

while United States and Germany warned about unforeseen consequences of military

intervention. African Union rejected any military intervention in Libya advocating for

negotiation settlement also Arab League passed a resolution calling on the UN security council

to impose a non-fly zone over Libya. However on March 27 2011 NATO under US, UK and

France run operation to Libya in terms of military intervention6.

REASONS FOR INTERVERNTION IN LIBYA

The regard of responsibility to protect in connection with collective defense, Each individual

state has responsibility to protect its population from genocide, war and crimes against humanity

as per Article 17, also as per Article 518 of the charter collective defense is allowed for UN

member states when there is an attack, excessive violation and misconducts. By using such role

NATO state members under UN has the responsibility to protect the population of Libya against

crimes as humanity and war due to the act of Libyan leader Muammar Gaddafi who decided to

hunt those who protested his rule during the Libyan civil war. This prompted UN’s asking to

assist, is where NATO launched operation unified protector with respect to the UN requirements

as per article 39 to 51 of the charter9.

Inconsistency, thus with the increasing the possibility of Libya erupting into civil war was the

reason for bringing force in Libya in order to protect majority of civilians and their properties

6
Ibid.
7
Responsibility of state for international wrongful Acts, 2001
8
Charter of the United of Nations
9
Ibid
from the threat of attack and attack made by Libyan government against the civilians who are

against the ruling government, which is contrary to UN charter 10 which requires the states to

maintain peace and security in its boundaries. Hence NATO employed such intervention with the

blessings of UNSC11 as required in article 51 of the charter12 since Gaddafi’s government met

international commission on intervention and state sovereignty test by justifying a NATO

intervention and still decide to fight against those civilians who was protesting his rule.

Violation of human rights, International nongovernmental organizations characterized Libya’s

human rights situation as poor, citing abuses of political freedoms and civil liberties in

connection to military imprisonment13, Also the government lead by Muammar Gaddafi was

accused of sending hit squads to assassinates, exiled, dissidents, putting bounties on the political

opponents14, This made the United Nations Human Rights Council to publish a report concerning

such violation in January 2011.

JUSTIFICATION OF THE INTERVENTION

The military intervention in Libya by NATO was under the UN’s blessings since before the

intervention NATO state members followed all procedures required by the charter to be followed

before the military reaction against the state which threats the international peace as Libya done.

Those procedures are stated in article 39 to 51 of the charter.

10
Article 1(1) of The Charter of the United Nations
11
United Nations Security Council
12
Supra
13
Https://www.lawteacher.com accessed on 30th June 2020 at 09:08 am
14
Freedom in the world 2011 (report, by freedom house)
On 17th March 2011 for the purpose of protecting civilians, as the response of the violence of the

ruling government against political opponents that had erupted the preceding month, in which the

situation was regarded as a threat to international peace contrary to requirements of the charter15.

On 19th March 2011 NATO imposed intervention by establishing a no fly zone and launching

aerial attacks on government forces, up to the October 2011 were Libyan force was concurred by

NATO in which led to death of Muammar Gaddafi. And this was regarded as the application of

the responsibility to protect principle and recognized as the humanitarian success.

RECOMMENDATIONS ON NATO INTERVENTION TO SYRIA;

In spite of the fact that NATO intervention in Libya was under an umbrella of humanitarian

intervention as responsibility to protect, it is worth to recommend that the same power should be

applied in Syria, in sense that NATO should not allowed to undergo humanitarian intervention

against Syria. The rationally behind such recommendations can be discussed as follows.

Violation of human rights; To allow military intervention in Syria can be way forward towards

more violation of human rights rather that protecting those right, the mostly right which can be

violated is right to life, this can have observed during NATO intervention in Libya where on

May 14 NATO air strike hit large number of peoples gathered for Friday prayers in the Eastern

city of Brega in which 11 religious leaders dead and 50 others wounded, again on May 31 about

718 civilians dead, therefore to allow military intervention in Syria we can observe a number

dearth like or more than what happen in Libya, so it is better to apply peaceful means for the

welfare of Syria citizens.16

Failure to meet the objectives of intervention, to allow NATO intervention in Syria as a matter

of humanitarian reasons may become unsuccessful, this can be evidenced by post intervention
15
Article 2(4) of the Charter of United Nations.
16
The guardian, UN Security Council resolution 1973(2011) on Libya, 17th March 2011.
period in Libya whereby after NATO intervention the same condition were still existing, which

were contrary to objectives of that intervention,17 after intervention in Libya the situation

becomes worse day after day and western countries they use such position towards fulfillment of

their interest in Libya, therefore NATO shouldn’t undergo military intervention in Syria instead

UN should find alternative peaceful solution that will restore peaceful life in Syria.

Possibility for NATO to act beyond the mission; if the United Nation will allow military

intervention in Syria there is a possibility for NATO to act excess to that power, the same

observed to Libya intervention in which NATO going against the resolution number 1973 which

allow the use of all means of force to protect civilians in Libya from attack or threat to attack,

about ten members of UN vote for resolution, however some countries didn’t vote for resolution

like Germany, Brazil, Russia, India as well as China instead they asks for political resolution of

Libya crisis, therefore what has observed in Libya can again observed in Syria if NATO

intervention will be allowed,18 so it is better to use political resolution as proposed by countries

like Russia Germany Brazil and China, if political resolution will be ignored then post

intervention problems in Libya will also experience in Syria.

Intensification of crisis; If the UN Security Assembly will allow NATO to intervene Syria for

the purpose of the responsibility to protect as it was to the case of Libya the act may intensify the

crisis (conflict) which can result to the emergence of another war. This is due to the fact that

there is state like US, France, and the United Kingdom are more optimistic about what force can

achieve in international relations when it come to the issue of responsibility to protect, but also

there are other countries like China, India, Brazil and Germany seems to be more skeptical when

Waladwadi M. NATO-Libya intervention conference paper 2015.

17

“The impact of Libya intervention debates on norms of protection”

18

https://www.tandfonline.com accessed on 26th June 2020.

it come the use of force to protect citizen’s right. Therefore, promoting the debate on the utility

or effectiveness of force could provide a useful and relevant contribution to furthering

international debate on the responsibility to protect.19

Abuse of power for political purposes; the refusal of NATO country to openly make a case for

why regime change was necessary at the time of Libya invasion make us believe that the power

vested to NATO has been abused. This is due to the fact that the World witnesses the formation

of new coalitions opposing regime change in Libya for reasons related to human security due to

potential abuse of hegemonic power in terms of the practical implication of right to protect

where Libya controversy continue to exist. Hence, the act of allowing NATO to intervene in

Syria may led to the abuse of that right to protect (R2P) for other political purpose as it was in

case of Libya.

As far as the charter concern the humanitarian intervention employed as measure to protect

human right it seems to be engineered by the powerful state with the veto power who work under

the umbrella of NATO under UN security council which putt their own interest instead of

respect the measure of humanitarian intervention in protection of human rights .with regard to

instability situation in Libya which is still dangerous ,that’s why the idea of NATO intervention

in Syria become a controversial issue where by most powerful nation with veto power particular

Russia ,china and also the UN security council seems the use of power is not a solution whereby

the measures like mediation and need to find a common ground of agreement are essential .

BIBLIOGRAPHY

INTERNATIONAL INSTRUMENTS

Academia “The NATO intervention in Libya justified and successful” www.academia.com

19

accessed on 26th June 2020.

The Charter of United Nations of 1945.

The Responsibility of state for international wrongful Acts of 2001.

ONLINE SOURCES

Academia “The NATO intervention in Libya justified and successful” www.academia.com

accessed on 26th June 2020.

Britannica “Humanitarian Intervention” https://www.britannica.com/topic/humanitarian-

intervention accessed on 25th June 2020.

Law teacher Https://www.lawteacher.com accessed on 30th June 2020

“The impact of Libya intervention debates on norms of protection”

https://www.tandfonline.com accessed on 26th June 2020.

NATO “WHAT IS NATO?” https://www.nato.int/nato-welcome/ assessed on 25th June 2020.

OTHER SOURCES

Freedom in the world 2011 (report, by freedom house)

The guardian, UN Security Council resolution 1973(2011) on Libya, 17th March 2011.

Waladwadi M. NATO-Libya intervention conference paper 2015.