“Accountability for breaches of international humanitarian law and for human rights violations, as well as respect for human rights, are not obstacles to peace, but rather the preconditions on which trust and, ultimately, a durable peace can be built.” – Navanethem Pillay, then UN High Commissioner for Human Rights, 2009.
On July 3, 2015, the concluding day of its summer session, the United Nations (UN) Human Rights Council welcomed the report of the “Gaza Conflict Commission of Inquiry” which indicated that the Israeli military and Palestinian armed groups may have committed war crimes during the Israeli “Operation Protective Edge” campaign. 47 member States of the Human Rights Council voted in favor of the resolution, 5 States abstained: Kenya, Ethiopia, Macedonia, India and Paraguay; the USA was the only Member State to vote against the resolution.
The Gaza Conflict Commission of Inquiry was led by the New York Judge Mary McGowan Davis with Doudou Diène of Senegal, the UN Special Rapporteur on Contemporary Forms of Racism (2002-2008), as the other ranking member. The Commission was to study the legal implications of an earlier UN Fact-Finding Mission on the Gaza Conflict. The Commission was not established to evaluate the results of the Fact-Finding Mission which had largely confirmed the death tolls provided by the Gaza Hamas administration, some 2,250 Palestinians killed of which 1,462 civilians. Rather the Commission had the task of setting out the world law applications of the facts collected earlier.
Thus the focus of the Commission was the “Geneva Convention relative to the Protection of Civilian Persons in Time of War” of August 12, 1949. The Geneva Conventions, for which the International Committee of the Red Cross is responsible, grew out of deliberations started in 1947 in the shadow of the abuses of the Second World War. By 1949, the negotiations among governments led to the 1949 Red Cross Conventions. The emphasis was on the principles of protection and not on the punishment of wrong doers. The International Committee of the Red Cross is not an international court. It bases its protection efforts on the belief that all sides in a conflict have an interest to follow the laws of war as its soldiers or civilians could meet the same fate. If there is to be any action on trials and punishment, such trials should be done in national courts.
From 1974 to 1977, as a result of the war in Vietnam, there were subsequent laws of war negotiated to cover “civil wars” − wars within a State where the parties involved may not be States. (1)
Today, however, there is the International Criminal Court which can investigate as well as having the mandate to hold court trials and pass judgment. Investigations and trials can also be carried out at the national level. The Israeli argument has always been that the Israeli Defense Force (IDF) can and does carry out investigations and that there is a functioning national court system. The Hamas-led administration of Gaza makes the same argument.
Unfortunately, both Israel and Hamas have dismal records of investigating their own forces. I am unaware of any case where a Hamas fighter was punished for deliberately shooting a rocket into a civilian area of Israel − on the contrary, some Hamas leaders repeatedly praise such acts. While Israel has carried out investigations into alleged violations by its forces, the emphasis has been on the unauthorized actions of individual soldiers, not on policy makers. Yet the Gaza Conflict Commission stressed that “military tactics are reflective of a broader policy approved at least tacitly by decision-makers at the highest levels of the Israeli government.”
Nongovernmental organizations (NGOs) active in UN human rights bodies, including the Association of World Citizens, have long stressed the importance of fact-finding carried out by the UN, intergovernmental bodies such as the Organization for Security and Cooperation in Europe, and NGOs themselves. (2)
There are now two follow-up steps set out by the Human Rights Council resolution:
1) A request is made that the UN High Commissioner for Human Rights (and thus the Secretariat) prepare a report on implementation measures;
2) A recommendation that the UN General Assembly take up the matter “until it is satisfied that appropriate action is taken to implement its recommendations.”
The Israeli government has replied angrily to the resolution, the Israeli Ambassador to the UN in Geneva calling it an “anti-Israeli manifesto” and Prime Minister Benjamin Netanyahu saying “the UN Human Rights Council cares little about the facts and less still about human rights.”
Rather, I would say that the resolution is an important procedural advancement in the respect of world law in times of conflict. In the past, there have been UN-authorized fact-finding missions with the reports going directly to discussion in the UN Commission on Human Rights (as it was then) and then to the UN General Assembly. With the Gaza Conflict Commission of Inquiry we have a useful intermediary step. First there is a fact-finding effort as close in time to the events as possible to interview victims, to see the physical damage and to interview the military and other combatants. Such fact-finding is done, as it were “in the heat of the action”.
Then there is a calm, legal review of the fact-finding reports. In the past when I have been present at debates on fact-finding reports in the Commission on Human Rights, the debates were anything except calm and legal. They were political exchanges which reflected the evaluations of the original conflict. In this case of the Gaza Commission, we have an orderly presentation of facts, avenues to strengthen protection, and suggestions on the role of the International Criminal Court. There is no guarantee that the discussions in the next UN General Assembly will be calm and focused on legal procedures, but at least there will have been this useful intermediary step.
As things now stand, world law is not created by the decisions of a world parliament. World law is basically the “common law of mankind”’ based on small advances. Usually the first step is to set out the basic values in widely agreed-upon texts such as the Red Cross Geneva Conventions. This is followed by a recognition that there are repeated violations of these values in the practice of war, the torture of individuals, massive aggression against minorities. After repeated violations, there is the very slow realization that such violations are not acceptable and if nothing is done, the values themselves will be permanently undermined.
We are now at this last stage as concerns Gaza. The repeated bombings of the Gaza Strip do not bring peace, security or socioeconomic development. In fact, each bombing campaign creates a more difficult situation. It is not a function of world law to say what socioeconomic-political measures should be taken, though as NGO representatives we can and have made suggestions. The function of world law is to set out clearly the value basis of the law, to set out fair procedures to deal with possible violations and ultimately to see if there can be sanctions or punishment for wrong doers.
I believe that we still have many miles to go on the path for the respect of world law, but I believe that the direction is now set.
1) See Hilaire McCoubrey and Nigel White, International Law and Armed Conflict (1992)
2) See B. G. Ramcharan (ed), International Law and Fact-Finding in the Field of Human Rights (1983)
For NGO Fact-finding, see Hans Tholen and B. Verstappen, Fact-Finding Practice of Non-Governmental Organizations (1986)
Potential Sino-Lebanese Cooperation under the New Lebanese Government
Since ancient times, Lebanon has been a center of civilized communication between East and West; ships that carry Chinese silk have launched from Lebanese shores heading towards the most prominent capitals of the West. Beirut was the link between the peoples of the world, especially since transportation was primitive and the American continent did not yet exist.
Ancient China benefited from Lebanon’s strategic location during the actual period of the Silk Road, as Lebanon was an important region on the ancient Silk Road and an essential part of it.The richness of Lebanon in natural resources and its distinguished geographical location were behind the inclusion of Lebanon in the Ottoman Sultanate, and France has made Lebanon a foothold and a strategic point overlooking the Middle East. Despite its small geographical area, strong countries were interested in Lebanon because of its geographical location and its view of the shores of the Mediterranean, which makes it a gateway to enter the Middle East or to go west.
The Lebanese political situation and diplomatic policy based on bringing together the countries of the West and the East at the same table without enmity or differences have made Lebanon a political dilemma, as it has become a main country in achieving the major strategic policy goals of the strongest countries.
The United States will not be able to control the Middle East securely without entering through the gate of this region and retaining the key to the gate, just as China cannot implement the Belt and Road Initiative in an effective manner without crossing from the Lebanese Gate towards the West. Lebanon is a member state of the Belt and Road Initiative, and it has played an important role in the success of the ancient Silk Road.
Today, Lebanon is going through a sensitive phase in the political system of government, so that the people are unanimous in restoring the political decision from the great powers to the national scene. It has been the norm that when any president is elected or any decision is made, the majority of politicians should communicate with regional and international powers without appealing to the popular will. Perhaps this process, which is outside the legal and constitutional frameworks that violate the sovereignty of the state, is the most important reason behind the failure of Chinese investment to enter Lebanon strongly, these investments, which will be the biggest driver for boosting the Lebanese economy and ensuring national sovereignty at the same time.
The Lebanese rejoiced over the formation of the new government headed by Dr. Hassan Diab, and this government has made its important promise to move away from the political traditional way of governance and work seriously to save the Lebanese economy and support the exchange rate of the Lebanese lira. In order to accomplish this task, Dr. Ghazi Wazni was chosen as Minister of Finance. Dr. Wazni as an economist is fully certain that the process of saving the national economy will not take place from the inside. Lebanon needs either donations of support from foreign countries or borrowing like what happened in CEDRE, which will cost the state a lot and increase the proportion of public debt, and the last way out is the government’s adoption of a new policy based on facilitating foreign investment in Lebanon, which increases imports to the national treasury and accelerates the movement of economic growth by securing jobs, foreign exchange entry and restoring confidence in Lebanon as a potential economic partner.
Experiences with previous governments have proven that Lebanon is still in the cycle of external dependence and that there is no actual Lebanese internal political decision. This issue appeared clearly after the Chinese investment file was neglected, as was the practice with many other economically and socially important issues.In an interview with Chinese Ambassador to Lebanon Wang Kejian, he stressed that China is ready to invest in Lebanon and provide facilities for the most important Chinese companies to come and invest, provided that the official request from the Lebanese government is appropriate.
Lebanon is an official partner of China through the Belt and Road Initiative, and this is the appropriate opportunity for Lebanon to support its national economy and improve infrastructure, knowing that China has become one of the most important industrial countries and is able to make Lebanon an oasis of stability and prosperity unparalleled in the Middle East region. In addition to the strategic location on the Mediterranean, marine gas fields have been discovered containing huge quantities, and these are also important opportunities for the strategic partnership between China and Lebanon by contributing to oil exploration.
The new Lebanese government, which adopts the slogans of independence, fighting corruption and restoring looted funds, is required today to open doors to Chinese investment and encourages the development of the relationship between China and Lebanon in all fields. A large part of the problem that Lebanon is currently going through is the economic deficit and the state’s inability to meet the needs of the financial market. Therefore, for the sake of the Lebanese economy’s good and the public good, the new government must take immediate initiative to give guarantees to the Chinese for coming and investment, and that this position should be national without external influences.
The outcome of the Berlin Conference
Twelve countries and organizations have participated in the Berlin Conference on Libya, which has just ended.
There have been all the countries and organizations that really count in Libya. Egypt, which obviously supports General Haftar for the security of its particularly sensitive eastern borders, as well as to avoid the progressive expansion eastwards – starting from Tunisia and Tripolitania – of the Muslim Brotherhood, that is the axis of al-Sarraj’s regime and the international point of reference, inter alia, of President Erdogan’s Turkey.
Algeria, which also fears the spreading of political instability originating from Libya that would strike it immediately. It does not absolutely want to be excluded from the Libyan pacification “process”, although it strongly opposes Turkey’s role in protecting al-Sarraj’s regime.
Congo, which wants to avoid the jihadization – resulting from the expansion of the Libyan jihad – of the recent internal conflict originated from the militias called CODECO, with the further violent Islamization of the Lendu ethnic group.
Turkey, which wants above all to start to exploit the land and sea areas facing Tripolitania’s coast, through an agreement already signed with al- Sarraj’s government – an agreement which has both the economic and oil component and its corollary for the military “collaboration”, i.e. protection, of Tripolitania, indirectly aimed against Italy and, in some respects, against the EU itself.
This is the reason why this Turkish choice is also good for Vladimir Putin.
Turkey’s move in Tripolitania is also targeted against Saudi Arabia and it has been harshly commented by Egypt, which does not want to have the Muslim Brotherhood in the way, not even in the distance. The latter is the political-military organization against which Al Sisi organized his coup.
Moreover, Greece, which is slowly being involved again in the economic and strategic game in the Mediterranean and trades much oil and gas with Misrata, wants to oppose – even military- Turkey’s designs on the Mediterranean, possibly with Israel’s and Cyprus’ support.
Obviously, the Lebanon and Jordan are fiercely opposed to the aims of Erdogan’s Turkey in Libya and certainly do not favour al-Sarraj’s Tripolitania.
The reason is the close relationship between the Tripoli government, Erdogan’s AKP Turkey and the Muslim Brotherhood.
It should be recalled that the Islamist radicalization of a young, very rich and westernized Saudi Arabian Osama bin Laden began when he met, as a young enfant gâté, a university Professor from Ikhwan, the Brotherhood.
If the military leader of Tobruk and Benghazi, namely Khalifa Haftar – who is also the military leader of a government that won the elections, but had no international recognition – wins, Turkey will automatically lose access to the oil it is drilling in Tripolitania and on the Libyan coast.
In Berlin there were also the five permanent members of the UN Security Council.
It should be noted that on January 6, 2020 Ghassam Salamé, the UN special envoy and French-Lebanese Head of UNSMIL, stated that “the other nations” – meaning the countries outside the Security Council – “must not meddle in Libyan affairs”.
The not-so-hidden reference was to the bombing of a cadet military academy by “a country friendly to Haftar’s forces”. The attack, however, was carried out with weapons coming from countries which have long been members of the UN Security Council.
The UN primary countries want to marginalize the current, albeit minor, points of references for the forces in Libya, but the member countries of the UN Security Council have chosen different and opposing military groups to operate with their interests in Libya. However, at least formally, the whole UN organization supports al-Sarraj’s Tripolitania.
A geopolitical Rubik’s Cube.
What does Italy want from the Berlin Conference on Libya? First and foremost, the Italian government is “optimistic”, which is not so usual in strategic and geopolitical thinking.
“Everyone is to be involved” to take a “step towards peace and stability”. It seems the appeal of a motivational speech for vendors. We are a very strong team.
Then, there comes a 1960s pacifist-style speech, i.e. “a military solution is not a solution”. But the military solution is already in place and hence the problem is no longer there.
Not to finally mention the fact that the government has almost completely forgotten ENI in Libya.
Immediately negotiating with the new leaders of the anti-Gaddafi uprising, at the beginning of the feral 2011, with talks supported by an excellent former Director of Italy’s intelligence services, ENI has endured and tolerated everything.
Insulated, with very little staff and a dozen managers flying to and fro other areas, it has suffered – more than any other Italian national organization in Libya – the strange option of the current Italian government to find a sort of balance between the two great opposing military camps in Libya.
It is easy to imagine how useful this is for the protection of Italian interests, which are – or would be – fundamental.
Hateful to God and to His enemies – as in Inferno, Canto III of Dante’s Divine Comedy reference is made to those about whom we are currently talking, namely the ignavi,i.e. the inefficient or indifferent people, as well as the opportunists.
In 2018 ENI started again oil explorations in Libya, while it was clear that none of the Libyan factions had a real interest in achieving peace.
What are the prospects? The decrease -despite everything – of ENI’s Libyan extraction quota, which is currently worth about 15% of Italy’s national requirements, without even imagining where we will get what we need later, if we lose it in Libya.
The “free” market would certainly see Italy losing out.
In the framework of the Berlin Conference, however, the Italian government has confined itself to prescribing to put some flowers in our guns, with very pleasant additions on the fact that since our soldiers are “peace soldiers”, they will not go to protect themselves from possible attacks, operations or breaks of the possible ceasefire, but will possibly act as “municipal messengers” or as law enforcement officers to notify of military clashes to whom it may concern.
This is stuff for a small-town Prosecutor’s Office, the mentality of young lawyers with little experience.
They will bring the “Clean Hands Operation”- from which Italy’s tunted Second Republic originated – to Libya.
The problem also lies in the fact that the real negotiation between al-Sarraj and Khalifa Haftar was already carried out by others, namely Turkey and Russia, on January 12 last.
It does not matter that much that the Chief of the Tobruk and Benghazi Forces, namely Haftar, withdrew from the final bilateral document on the permanent ceasefire, just a moment before its signing.
Those who will settle the matter anyway – and well before we may think – will only be Erdogan and Putin.
The Turkish leader wants to maintain – in any case and in any way – his spot in Tripolitania, in a future of ever-increasing oil and migration conditioning vis-à-vis the unaware (and indolent) European Union. That is enough for him.
A blackmail conditioning from the “Balkan corridor”, which President Erdogan has already experienced for a long time, and a current and future “maritime corridor” from Tripolitania, which will soon make its voice be heard strongly.
It is also incredible that in Italy the migration issue, which is essential also from a strategic and security viewpoint, has been tackled so superficially by all political parties.
Al-Sarraj also asked to include Tunisia and Qatar in the list of participants in the Berlin Conference. His request went unheeded.
The reason why the request was not met is obvious. These two countries are Tripoli’s quasi-friends: Tunisia is interested in the security of its very important borders and oil pipelines from Libya to the Tunisian sea and to Italy, while Qatar is a distant but generous supporter of Muslim Brotherhood’s Tripolitania.
The conclusions that can be drawn are in line with the tradition of previous peace conferences on Libya – that is, irrelevant.
All the major demands were, in fact, accepted in the final document, thus making it unusable for some operations on the ground in Libya.
Or for an effective political solution. A strategic falling between two stools.
Probably that was its ultimate goal.
However, it begins to emerge the establishment – which we imagine to be very complex and cumbersome – of a 5+5 Committee between al-Sarraj’s government (and who knows why it is still recognized by the United Nations) and Khalifa Haftar’s Libyan National Army (LNA). A body which will be bound to fail if it remains a joint body fully based on members on an equal footing. The “Berlin Process” on Libya was initiated on January 19. As you have certainly noticed, nowadays all the endless negotiations on Libya (Paris, Palermo, Abu Dhabi and other backroom ones) are pompously defined as “processes”.
Again on the basis of the final statement of the Berlin Conference, the United Nations Support Mission in Libya (UNSMIL) will organize an International Follow-Up Committee, made up of representatives from all the countries and organizations that participated in the Berlin Conference on January 19.
A repetition? Probably not.
This sequence of similar documents, piling up one upon the other will be a way to play all possible sides and make the Libyan conflict last ad infinitum. This may definitely and permanently harm some countries (such as Italy) but will certainly favour others, such as Turkey, the Russian Federation and France.
In Libya, as also in the European Union, currently every game is a “zero-sum game”.
The conclusions of this Follow-Up Committee will be submitted directly to the UN Security Council, which sees strongly conflicting interests on Libya represented within it.
Moreover, the Committee’s conclusions shall be in line with all the “processes” prior to the one which has just begun in Berlin. As said in the final statement of the Berlin Conference, said “processes” also refer to the “three-point plan” drawn up by Ghassan Salamé on July 30, 2019.
The UN special envoy’s plan regarded – first and foremost – a truce, which began on August 10, 2019, for Eid-Al Adha, the Islamic Festival of the Sacrifice.
So much ado for a few-days truce, which could be negotiated by a local Imam without problems? Who knows!
Why referring so explicitly to a short truce that has already occurred? It is a mystery.
Probably the aim is to give more power to Salamé – hence just say so.
Again last August, the second point of Salamé’s plan consisted in organizing an International Conference, which was in fact already organized and closed in Berlin, but with the participation of all the countries concerned and interested in the Libyan conflict. Indeed, not all of them were present in Berlin.
Well, we have already done it – so what? Another Conference, like those of Paris, Palermo, Abu Dhabi and Berlin? To say what? We cannot see anything new under the sun.
A Conference is a Conference is a Conference, like Gertrude Stein’s rose.
Finally, the third point of Salamé’s plan regarded a Conference – and this is exactly what we need! -between the political and military “parties” present in Libya and anyway of Libyan origin.
It will be the most crowded and – we imagine – the least effective Conference. And probably the roughest and most vociferous one.
In Libya as elsewhere, however, the truce regards the ability of the mediating third party alone to make it credible for those who wish to sign it.
Without this ability of effective and immediate recourse to the “third-party in Law” (if we can here use a concept of Roman law) no one signs a truce whatsoever.
Furthermore, which is the only way to enforce a ceasefire? Possibly creating an “interposition force”, which makes both parties’ probable war and criminal intentions more technically difficult?
No, I do not think so because, in this case, the Interposition Force – organized to make a truce hold – cannot control the non-military movements of both sides’ positions, which will become warlike at a later stage.
Anyway, while Libya has become the area of a new great proxy war between enemies, allies and quasi-friends, when reaching truces, all of them which are outside Libya will certainly start to deploy their military potentials in new areas.
In this case, truces are a way to wage and make war, not to stop it, even temporarily.
In essence, as the final statement candidly admits, the Berlin Conference wanted to unite and muster international support for a political solution in Libya.
Here, there are two possible alternative options.
Either we go on with the potentially endless sequence of irresolute Conferences, attended by countries which do not even dream of sending troops to Libya, if not to be used as traffic policemen.
Or a real international force is created, possibly under the UN aegis, which of course does not pacify Libya, but establishes those who win or lose power in Tripolitania and Cyrenaica.
Yet the question remains: do we really want a new Libya split up in the various Ottoman vilayets, as it was before the Italian pre-Fascist colonization, or do we still really want a united Libya?
In the latter case, which will be the small group of European or non-European powers that will manage their inevitable hegemony over the still united Libya?
Because it should be recalled that, in many areas of the old “sandbox”, there is a national Libyan feeling that often overlaps with loyalty to one’s own katiba or the traditional alliance of the various tribes with one’s own.
Some years ago, even a young agent of the “new” Libyan intelligence Services told me that the Libyan national feeling is stronger than we may believe, even if it mixes – surprisingly and hence unpredictably – with tribe hierarchies.
We should also recall the positive effect that the authoritarian welfare State established by Gaddafi had for many years. In a paper of the Bertelsmann Foundation published a few days before the start of the Benghazi insurgency, it is stated that Libya was on average much better than Southern Italy in terms of income and social services and benefits.
Finally, also in the Berlin Conference it was reiterated that “there could be no possible military solution” for Libya.
Of course, because the military solution is already in place it and it has been so for many years. It is made up of potentially equivalent forces, with equivalent protectors, who will therefore never be able to really find an agreement.
However, as Machiavelli said, cum parole non si mantengono li Stati.
Westerners’ sloth is no wonder, even though the gains for every Western country would be scarce and limited.
Italy is an unstructured country that, with controlled or uncontrolled immigration, will import and has probably already imported many jihadists in Europe, the next area of deep deconstruction. For Italy, Libya is a country that – being no longer fundamental for oil, except for Italy only – remains fundamental for the international oil and gas markets.
Hence, what are we doing? We are wasting time with talks and diplomatic “processes”, waiting for someone to win on his own in Libya and dictate his conditions.
Obviously the final statement of the Berlin Conference could not fail to make reference to the fight against terrorism and “illegal” migration.
First and foremost, we must never speak generically of “terrorism”, which is a universal practice, but rather of a specific and refined jihadist warfare strategy, which is very different from what we call terrorism, even if it certainly does not exclude it.
This also applies to the Koranic doctrine of “truce”, which would be a very interesting topic to discuss here.
I imagine, however, that the intellectual arrogance of Westerners makes the unrepentant conference-goers believe that the only war and peace doctrine is the one which is developed and practiced in the framework of the enlightened, secularist and rationalist universalism.
They are wrong. Currently most of the people living in the world conceive and make war in a very different way from what Grotius, Kant or Althusius theorized.
With specific reference to “illegal” migration which is, in fact, an asymmetrical war system, as also the “sword jihad”, a less moralistic and legal analysis should be made.
The winners send illegal migrants to the countries of their enemies or economic or military competitors, the losers take them all and must also keep silent.
Has the Italian government ever imagined the reason underlying the very powerful information and defamation war on Italy, with so many NGOs built ad hoc, during the previous “yellow-green” government?
Do you believe that our EU friends are not involved in these issues? Certainly not.
Ultimately, the final statement of the “Berlin process” refers not only to the embargo on all arms – which is completely useless, considering that Libya is full of weapons, and everyone can anyway get them from the south – but also to the “equal sharing and distribution of wealth”, albeit it is not clear between whom, but we can here understand the very complex issue of the relationship between the NOC, the Libyan Central Bank and Khalifa Haftar’s LNA.
Finally, we speak of “legitimate and lawful use of force” to be granted only to States (or to the State).
Which State, in Libya? Tripolitania – which is now reduced to a few districts of Tripoli, with some katibe of Misrata, the military axis of al-Sarraj’s regime, already shifted to Haftar’s control – or the Tobruk-Bengasi one, for which Haftar is fighting, which has won the elections but has not been recognized by the external powers and the United Nations?
Who is really legitimate and lawful? It is hard to answer this question, even if we only thought – as it is now usual among Western powers – of a political and State legitimacy that is simply granted by Western countries or by the United Nations.
Hence how many legitimate and lawful States are there in Africa? Once again it is hard to answer this question.
It would be good to go back to the classics, from Hobbes to Spinoza. Even under the fierce sun of Libya, as when Lawrence of Arabia read Suetonius (obviously in Latin) riding his camel in Wadi Rumm.
Turkey’s Role in the Libyan Conflict
On January 8, 2020, Russian President Vladimir Putin and Turkish President Recep Erdogan met in Istanbul. Discussions focused on the launch of the Turkish Stream gas pipeline, as well as topical issues on the international agenda. After the meeting, both presidents called on all parties involved in the Libyan conflict to cease hostilities from January 12 and take a seat at the negotiating table. Putin and Erdogan confirmed the high level of contractibility demonstrated earlier by other politicians on other painful issues.
Of course, the ceasefire in Libya suits Ankara’s foreign policy interests, since in a one-on-one battle, the Government of National Accord (GNA), supported by Turkey and recognised by the UN as the legitimate government of Libya, would have difficulty repelling new attacks by the Libyan National Army (LNA) under the General Khalifa Haftar and protecting controlled territory. Due to the intensification of hostilities in December 2019 and the new LNA campaign in Tripoli, the head of the GNA Faiz Saraj turned to the head of the Turkish state with a request to provide military support to Tripoli. Turkish President Recep Erdogan forwarded the relevant bill to the Grand National Assembly of Turkey, and, on January 2, the parliament approved the sending of Turkish troops to Libya by a majority vote. Soon after Erdogan announced that Turkish units are already in Libya.
In response to the decision of the Turkish parliament to support the sending of the Turkish military contingent to Libya, the LNA commander Khalifa Haftar announced a general mobilisation. His troops are currently conducting active hostilities and are gradually moving towards the centre of Tripoli. Recent major territorial acquisitions include the non-functioning capital airport, as well as the city of Sirte and its environs. However, the fact that Turkish troops are already in Libya can significantly complicate the further attack of the LNA.
The Establishment of a Turkish Exclusive Economic Zone in the Mediterranean
The conclusion of two agreements with the government of Faiz Saraj preceded Turkish interference in the Libyan conflict. On November 27, 2019, Turkey signed a memorandum with the GNA on the delimitation of maritime zones in the Mediterranean Sea, which establishes new maritime borders of Libya and Turkey. The signed document confirms the rights of Ankara to a significant part of the east of the Mediterranean Sea, where there are significant natural gas reserves. Previously, Turkey carried out illegal geological exploration in the economic zone of Cyprus in the eastern part of the Mediterranean Sea.
The agreement reached between Recep Erdogan and Faiz Saraj raised concerns among other Eastern Mediterranean states also interested in gaining access to hydrocarbon production in these areas. Egypt, Israel, Greece, and Cyprus have made statements that the memorandum violates international law. The European Union also declared a similar position, which even did not recognise the maritime agreement between the Republic of Turkey and the GNA in connection with the violation of the sovereign rights of third states.
The agreements reached between Ankara and Tripoli strengthened the Turkish position in the region. Certainly, the designation of an exclusive economic zone led to even greater isolation of Turkey and the notable deterioration in relations with other states of the Eastern Mediterranean. It is also important to mention that the Republic of Turkey has become somewhat dependent on the stability of the Faiz Saraj regime. The agreement with him gives Ankara at least the fragile validity of Turkish claims for a hydrocarbon-rich part of the East of the Mediterranean Sea. This means that the Turkish leadership in Libya protects not only the pro-Turkish GNA, but also its interests in the eastern part of the Mediterranean Sea.
So Why Does Egypt Support Khalifa Haftar?
In Libya, Turkey is confronted with the interests of its foreign policy opponents; in particular, the United Arab Emirates (UAE) and the Arab Republic of Egypt (ARE). The latter is the main ally of General Khalifa Haftar. Cairo supports the LNA, because members of the Muslim Brotherhood, an organisation banned in Egypt, are operating in Libya. The commander-in-chief of the LNA successfully fights with them, as well as with jihadists that pose a threat to the security of ARE. Besides, the instability of the situation in Libya negatively affects business activity in the region, which is detrimental to the Egyptian economy. The troops of Khalifa Haftar are the only force capable of restoring relative order in Libya. While Haftar’s troops have established control over most of the country’s territory, including major oil fields, it is difficult for GNA to control Tripoli. The geographical factor makes Egyptian support for LNA more effective.
Through the border with Libya, militants of the “Islamic state” enter Egypt and arms smuggling flourishes. The Egyptian leadership is trying to secure its borders with the help of additional troops and armoured vehicles, for example, the Egyptian space satellite used to control the border effectively. ARE authorities say that most of the weapons used by the ISIS cell in the Sinai Peninsula come from neighbouring Libya. The statistics demonstrate the scale of the problem. For example, from 2015 to 2017 Egyptian soldiers destroyed more than 1,200 trucks with weapons and explosives sent from Libya to Egypt.
The House of Representatives promises to build a border wall on the border with Egypt, although the effectiveness of the project raises great doubts – the length of the wall will be merely 1 km, while the length of the border between the two states is more than 1,100 km.
Nevertheless, the government controlled by Khalifa Haftar is demonstrating a willingness to tackle the problem of arms smuggling across the Libyan-Egyptian border. Additionally, Khalifa Haftar proved that he would rather fight terrorist groups than negotiate with them. The terrorist threat posed by militants in Libya is a serious security challenge in Egypt, so Cairo supports Haftar in the Libyan conflict. Besides, the GNA is a government focused on Ankara, Cairo’s foreign policy opponent. Any strengthening of the government of Faiz Saraj in Egypt is perceived as strengthening the position of Turkey in North Africa.
Cairo actively reacted to the signing of agreements between Turkey and the GNA, as well as to the introduction of the Turkish military in Libya. In particular, President al-Sisi called the President of Cyprus Nikos Anastasiadis and the President of France Emmanuel Macron to discuss measures to impede the implementation of the agreements reached between Ankara and Tripoli.
Egypt told the UN Security Council that it does not recognise the agreements. According to the representative of Egypt to the UN, Mohammed Edris, Egypt does not consider the signed memorandums as legitimate, because they were not ratified by the Libyan House of Representatives.
The Role of Extra-Regional Players in the Libyan Peace Building Process
The position of the Republic of Turkey on the Libyan issue is not shared with its NATO allies – France and the United States. Earlier, French President Emmanuel Macron contributed to the formation of the diplomatic status of Khalifa Haftar and supported his political independence. When Haftar tried to take Tripoli in the spring of 2019, France blocked an EU statement urging Khalifa Haftar to stop the LNA attack on Tripoli. Besides, according to the media, France supplied anti-tank weapons to the LNA, bypassing the arms embargo. In particular, Javelin missiles were handed over to Khalifa Haftar’s troops.
In April 2019, the unique role of Field Marshal Haftar in the fight against terrorism in Libya was recognised by U.S. President Donald Trump. Then Washington threatened to block the UN Security Council resolution calling for a ceasefire and stop the advance of troops in Tripoli. Responding to the new offensive of Khalifa Haftar in the Libyan capital, the White House invited the parties to the Libyan conflict to refrain from receiving outside assistance, and thus again supported the actions of the LNA unofficially. This initiative was directed primarily against Turkey and the transfer of the Turkish military to Libya.
In addition to France and Egypt, Khalifa Haftar is supported by Jordan and the UAE. In addition to providing financial assistance, some countries supply weapons to the LNA, despite the UN arms embargo. UAE delivered LNA unmanned aerial vehicles. Turkey, of course, provided GNA drones.
To sum up, Libya is becoming one of the key strategic directions of Turkey’s foreign policy, which is probably considering the country as an arena for confrontation with Greece, Cyprus, Egypt, the UAE, and other unfriendly states. At the same time, the mutual dependence of Ankara and Tripoli on each other is growing. Turkey is the main ally for the GNA, for the sake of which it is ready to send its troops to the combat zone. The formal legitimacy of the Turkish geological exploration and Ankara’s rights to the exclusive economic zone depends on the durability of the Faiz Saraj regime.
Dissatisfaction with Ankara’s actions continues to grow: the decision to introduce Turkish army units was condemned by the United States, the EU, Russia and some regional actors. Turkish troops will not leave Libya as long as Haftar’s forces besiege Tripoli. A major problem remains the agreements reached between Turkey and the Saraj government on military cooperation between Ankara and Tripoli, as well as the delineation of exclusive economic zones in the Mediterranean Sea. Washington promised to support Cyprus and Greece in resolving the situation in the eastern Mediterranean, and Erdogan promised not to recede from concluded deals even though, as we know, it is a clear violation of the arms embargo and inconsistency with the principles of international law.
The USA, France and some other states continue to regard the LNA as the main bulwark of the fight against terrorism in Libya. Haftar’s troops remain the most combat-ready armed forces, which have a much higher chance of stabilising the situation in Libya than their opponents. It was demonstrated by the victorious struggle of the LNA with the terrorist groups Islamic State, Ansar al-Sharia, Wrath of Fesan, etc.
Al-Sisi supports Haftar for the same reason, besides the issue of ensuring stability in Libya is directly related to the security of his state. Also, both politicians declare their tough stance towards Islamism, which makes them ideological allies.
Unfortunately, the establishment of a ceasefire can only lead to a temporary de-escalation of the conflict. In this situation, Russia may call on its partners not to violate the arms embargo on Libya. Besides, Moscow could initiate the adoption by the UN Security Council of a troop withdrawal resolution of any units of foreign states from the territory of the Libyan State. This measure would significantly reduce the degree of tension that has arisen in Libya in the past few weeks. Also, Russia can be an intermediary in the negotiations between the Libyan House of Representatives and the GNA. This is especially evident after Russia’s victories over ISIS in the Syrian Arab Republic, the Middle East and North Africa. Therefore, it’s possible that the role of Moscow as a broker of dialogue will bring positive results.
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