KAMPALA INTERNATIONAL UNIVERSITY

COLLEGE OF HUMANITIES OF SOCIAL SCIENCES

DEPARTMENT OF POLITICAL ADMINISTRATIVE STUDIES

NAME : COELESTINE JOVITUS MUKELA

REG : 2022-08-12802

COURSE : BIR 1.2

COURSE UNIT : DEFENSE STUDIES

COURSE CODE : BIR 1202

LECTURER’S NAME : DR. MANSOUR ARBAB

QUESTION.

As an expert of defense studies, explain with clear justification that whether,

NATO intervention in Libya of 2011 was a Just War or not.

NO, the Intervention by North Atlantic Treaty Organization was unjust war.

North Atlantic Treaty Organization (NATO) is a security alliance of thirty member

state of America and European countries to safeguard peace and freedom by political
and military means. It was founded in 1949. Such member states include United States
of America, Canada, France, Germany and 26 others.

Libya Civil War of 2011 was armed conflict between Muammar Gaddafi and rebel
forces who wanted to oust him from power. It begun from 17th February to
23rdOctober, 2011. The Revolution took place from areas like Zawiya and Benghazi.

Before the revolution Colonel Gaddafi was attacking rebels, killing them and denied
freedom of speech to them. Thus NATO intervened under United Nation Charter
VII, Article 39 which is Humanitarian Intervention but unfortunately it was unjust
war.

Just War is a theory that is mythical and ethnical used to determine when it is right to
go to war and how to behave during war and what happens after war. It follows three
categories which are; Jus add bellum, Jus in bellum and Jus post bellum.

NATO intervention on Libya begun on 19THMARCH, 2011 to 31stOCTOBER, 2011. It

was given the name OPERATION UNIFIED PROTECTOR. It was unjust war and
these are the evidence;

Starting with JUS IN BELLUM. This is justification of going to war. Using principles of
Jus in bellum this is how NATO intervention was unjust War;

The Principle of Right Intention was not considered. This Principle clearly uses
criteria of Article 51 of United Nation Charter allows invasion if it is self-defense,
Pre-emptive attack, Protection of Nationals and Humanitarian Intervention. But NATO
also had another agenda and that was to overthrow the government of Colonel
Muammar Gaddafi. For example, The Former United States Secretary of State was
quoted saying “we believe that there needs to be a transition that reflects the
will of the Libyan people and departure of Al-Qaddafi from Power and Libya”.
This clearly justifies that the intervention was unjust since it focused to overthrow.

The Principle of Legitimate Authority was not considered. This principle requires a
war to be declared by a legitimate authority and not otherwise. For instance, during
the intervention the Allied forces supported the National Transitional Council that
was formed by the rebel forces on 27thFebruary, 2011 in Benghazi under leadership
of MUSTAFA ABDUL JIBRIL And declared itself unconstitutionally to govern Libya on
23rd March, 2011 and NATO attacked Qaddafi’s places while he was still the Leader of
the state. And France recognized the council on March 10. Hence it was unjust war.

The Principle of Proportionality was not taken into account. The quality of Peace
resulting from war must be superior to before war. This has not been in the case of
Libya. For example, before war Libyans had most of social services like health,
education, water and many other were free to all Libyans. But after the intervention its
economy collapsed leading to second civil war of 2014. Hence it was unjust.

The Principle of Last Resort was not adhered to. This principle requires all measures
to prevent war must be exhausted before going to war. Such measures include
sanctions, mediations and negotiations. NATO denounced all measures. For instance,
Brazilian Diplomat to United Nation, Maria Luizza Ribeiro Viotti and African
Union Peace Initiative were rejected by United Nation Security Council on pretext of
security worries to diplomats. This is according to Jean Ping, the head of commission of
African Union. Hence the war was unjust.

Continuing with the next category which is JUS IN BELLUM. This are ethical principles
on how to combat war in accordance with INTERNATIONAL HUMAN RIGHTS LAW
also known as GENEVA CONVENCTION. During the intervention this principles were
violated as follows;
The PRINCIPLE OF DISTINCTION AND DISCRIMINATION was violated. This
principle requires to attack only military targets and not civilian targets like hospitals
and others. But during the intervention NATO violated this principle. For example,
According to International Human Rights watch investigated eight NATO airstrikes
hitting residential homes in areas like Zilten which was 160km away from Tripoli.

The PRINCIPLE OF PROPORTIOALITY was not considered. This principle requires

military should not use weapons of mass destruction and minimum use of force to
achieve desired goals. In this case study, this principle was not effectively implemented.
For instance, NATO conducted about 9,700 strike sorties and dropped about 7,700
precision-guided bombs. Furthermore, According to Vice Admiral William. E.
Gortney, more than 110 Tomahawk Cruise Missile were fired by United States in
Operation Odyssey Dawn and Britain in Operation Ellamy. Thus the war was unjust.

The PRINCIPLE OF NO INTRINSICALLY UNETHICAL MEANS was violated. This

principle requires actions used against enemies like torture and use of biological
weapons are denied to surface. During the war enemies were killed. For example, on
28thJune, 2011. General Abdul Fattah Younes who was Qaddafi’s Chief of Security
was captured and killed by the rebels. Thus the war was unjust.

The PRINCIPLE OF FOLLOWING ORDERS IS NOT DEFENCE was not taken into
account. This principle requires militants should not oppress if does he is subjected to
war crimes. During the war soldiers killed people and tortured war criminals. For
instance, NATO forces would ask rebel forces to stand down if caught mistreating
civilians but did not do the same with Qaddafi’s forces and they would attack them. This
was justified by Former Foreign Policy Planning Director MS. SLAUGHTER was quoted
“we did not try to protect civilians on Qaddafi’s side” Thus the war was unjust.

Lastly, the category of JUS POST BELLUM which requires necessary steps towards
peace movement. The following are the principles under this category;
The PRINCIPLE OF Status quo ante bellum was not implemented. This principle
requires restoration of things and rights as before war. In Libya this did not happen.
For example, Muammar Qaddafi and his son were brutally killed even after being
caught. Thus the war was unjust.

The Principle of punishment of war crimes was not implemented. This principle
requires leaders and militants who committed war crimes should be brought to justice.
In this case study it was unfortunate they were not brought to justice. For example,
Colonel Qaddafi and his son where brutally killed. Furthermore, United States
Secretary of state quoted as saying from Roman imperator Julius Caesar who said
“veni, vidi, vici” which is “ we came, we saw, he died” to show that United States
and their allies were never brought to justice. Hence the war was unjust.

The Principle of compensation of victims of the war was not implemented.

According to Responsibility Article 91 Protocol I of Geneva Convention. Requires a party
to conflict which violates the provision of the convention shall be liable to pay
compensation ad shall be responsible for acts committed. After the war NATO has not
taken any responsibility and denied paying compensation. Hence it is unjust war. For
instance, in 2012, Amnesty International demanded NATO to investigate and pay full
reparations to families of victims but NATO denied to pay saying targets were military
objectives.

The Principle of signing of peace treaties was not implemented. In order to

military professionalism, peace and freedom the need to two sides to meet and resolve.
Unlike in this invasion NATO did not want to sign treaties. For example, African Union
had drafted a peace deal between Qaddafi and the rebels but still it was opposed thus
the war was unjust.
CONCLUSIVELY

During the war about 30 billion US Dollars of Libyan asset were frozen on 28thFebruary,
2011 and before the war Libya produced about 1.6 million barrel per day of oil thus led
to collapse of Libyan economy. After the war Red Cross launched emergency appeal for
6.4 million US Dollars to help revamp Libyan economy. Furthermore the United Nation
Security council Resolution 1973 required all means necessary to protect civilians from
attack and cease fire.

Furthermore NATO has been hindering world peace by provoking Russia and China such
as currently supporting Ukraine but also Taiwan. Furthermore in all countries where
they intervened like Syria, Vietnam and others all have gotten negative impacts such as
proliferation of weapons, Islamic insurgencies and Sectarian violence.
REFERENCES

Tumaini. S.C.K, (2017). CONTEMPORARY HISTORICAL EVENT.

Dar es Salaam: Che Guevara Investments.

Yassin. S, (2014). ESSENTIAL IN ADVANCED LEVEL HISTORY

PAPER 2. Tanzania: Ahmadiyya Printing Press.

Larsen, A.K. & Henrik Sen. D, (Eds), (2016). POLITICAL AND

INTERNATIONAL CONSEQUENCES OF THE WAR IN LIBYA:
OXFORD. Oxford University Press.