This groundbreaking new volume provides the first comprehensive review of the Libyan conflict of 2011. The book expands on and complements the report of the Libya Commission of Inquiry to the United Nations Human Rights Council, and provides the reader with the information essential to understanding the Libyan conflict, its causes and ramifications, and the difficulties the country faces as it rebuilds in the wake of 40 years of repression and the effects of a brutal civil war.
The book provides a historical overview of the country and the ruinous policies of the Qadhafi regime, a chronological review of the evolution of the conflict, a description of the belligerents and their organizational makeup, an account of the NATO intervention and its legality, a basic legal characterization of conduct of the belligerents and the various accountability mechanisms pursued thus far, and an appraisal of the post-conflict period, as well as a detailed factual assessment and legal characterization of ten different theaters of conflict, including Benghazi, Tripoli, Misrata, Sirte and the Nafusa Mountains.
M. Cherif Bassiouni is Emeritus Professor of Law and President Emeritus of the International Human Rights Law Institute at DePaul University College of Law. He is President of the International Institute of Higher Studies in Criminal Sciences, which he helped found in 1972, and Honorary President of the International Association of Penal Law, of which he was President between 1989 and 2004.
Professor Bassiouni has led commissions of inquiry to investigate conflicts in Afghanistan, Bahrain, Iraq, Libya and the Former Yugoslavia. He has also been appointed to numerous United Nations posts, including as the Independent Expert to the Human Rights Council on victims’ rights. In 1999, he was nominated for the Nobel Peace Prize for his work establishing the International Criminal Court.
Professor Bassiouni is the editor of 45 books, and the author of 23 books and 242 book chapters, journal articles and other legal publications on International Criminal Law, Comparative Criminal Law, Human Rights and U.S. Criminal Law. His writings have been widely cited by leading international and national tribunals, including the International Court of Justice, the International Criminal Tribunal for the Former Yugoslavia, the International Criminal Tribunal for Rwanda, the Extraordinary Chambers in the Courts of Cambodia, the European Court of Human Rights, the U.S. Supreme Court and State Supreme Courts, the U.K. House of Lords, the High Court of Australia, the Supreme Court of Canada, the Supreme Court of Israel and the Constitutional Court of South Africa.
The staff members who participated in the general researching, drafting and editing of this book are Sara Parikh Drar, Jesse M. Franzblau, Angela Mudukuti, Douglass K. Hansen and Yousuf S Khan. The project also benefited from the assistance of Haydeh Eftekhar and the military expertise of Marc Garlasco.
"This voluminous work is essential reading and provides a mine of information for those interested in the Libyan civil war, in particular, and in the Arab Spring, in general."
Hilmi M. Zawati,
Journal of International Criminal Justice, Vol. 14, No. 4 (2016).
Excerpt of table of contents:
About the Editor; The Contributors; Acknowledgements; Introduction; Glossary of Terms; A Note on Transliteration; A Note on the Reports of the International Commission of Inquiry on Libya; Basic Facts about Libya; Chronology of Events;
PART ONE: The Libyan Conflict in Context: History of Repression and the Aftermath of Revolution
Chapter I—Historical Background:
1.Introduction; 2. Ancient Libya: 10th Century BCE – 642 CE; 3. The Arab Domination Period: 642 – 1517 CE; 4. The First Ottoman Domination and the Qaramanli Dynasty: 1551-1835; 5. The Second Ottoman Domination: 1835 – 1911; 6. The Italian Colonial Domination and the Shaping of the Libyan Nation: 1911 – 1943; 7. Independence and the Establishment of the Kingdom of Libya: 1943 – 1969; 8. The Libyan Arab Republic and the Rise of Mucammar Qadhafi: 1969 – 1977; 9. The Socialist People’s Libyan Arab Jamahiriyya: 1977 – 2001; 10. Libya and the West, A New Era of Economic, Diplomatic and Security Relations: 2001 – 2011; 11. Qadhafi: A History of Political Terror; 12. Conclusion;
Chapter II—The Evolution of the Armed Conflict: 2011 – 2012:
1.Introduction; 2.Military Forces and Organizational Structure; 3. Stages of the Conflict; 4.Conclusion; Appendix: Glossary of the Weapons used During the Conflict;
Chapter III—The NATO Campaign: An Analysis of the 2011 Intervention:
1. Introduction; 2. Overview of the NATO Campaign; 3.The Legal Framework for the Use of Force; 4. The Security Council’s Practice under Chapter VII and The Use of Force; 5. The Security Council and the Libyan Conflict; 6. NATO Airstrikes; 7. Assessing NATO Operations; 8. Conclusion;
Appendix—Letters From NATO’s Legal Adviser Regarding Controversial Strikes
Chapter IV—Accountability Issues:
1. Introduction; 2. Applicable Law; 3. Phases of the Conflict; 4.Violations; 5. Other Legal Issues; 6. The Peculiarities of Post-Conflict Justice in Libya; 7. Conclusion
Chapter V—The Post-Conflict Period:
1. Introduction; 2.The Security Landscape in the Post-Qadhafi Era; 3. The Proliferation of Weapons; 4.The 11 September 2012 Attack in Benghazi; 5.The Influence of Political Islam in Libya; 6. The Political Landscape; 7.Conclusion
PART TWO: Theaters of Military Operations
Chapter VI—Benghazi: 1. Introduction; 2. Summary of Events; 3. Illustrations of the Violations; 4. The Role of NATO; 5. Conclusion
Chapter VII—Ajdabiya & Brega: 1. Introduction; 2. Summary of Events; 3. Illustrations of the Violations; 4.The Role of NATO; 5. Conclusion
Chapter VIII—Ra’s Lanuf & Bin Jawad: 1.Introduction; 2. Summary of Events; 3. Illustrations of the Violations; 4.The Role of NATO; 5. Conclusion
Chapter IX—Misrata: 1. Introduction; 2.Summary of Events; 3.Illustrations of the Violations; 4.The Role of NATO; 5. Conclusion
Chapter X—The Nafusa Mountains: 1.Introduction; 2. Summary of Events; 3. Illustrations of the Violations; 4.The Role of NATO; 5. Conclusion
Chapter XI—Khums: 1. Introduction; 2. Summary of Events; 3. Illustrations of the Violations; 4.The Role of NATO; 5. Conclusion
Chapter XII—Zawiyy: 1.Introduction; 2.Summary of Events; 3. Illustrations of the Violations; 4. The Role of NATO; 5.Conclusion
Chapter XIII—Tripoli: 1. Introduction; 2. Summary of Events; 3.Illustrations of the Violations; 4.The Role of NATO; 5. Conclusion
Chapter XIV—Bani Walid: 1. Introduction; 2.Summary of Events; 3. Illustrations of the Violations; 4.The Role of NATO; 5.Conclusion
Chapter XV—Sirte: 1. Introduction; 2. Summary of Events; 3. Illustrations of the Violations; 4.The Role of NATO; 5.Conclusion
Table of Authorities; Books; Journal & Book Articles; NGO Reports and Statements; Periodical Articles; UN Documents; US Cables and Documents; NATO Documents; Court cases; International Law Documents; Other; Index.