Recently in Libya Conflict Category

Expedited Justice: Gaddafi's Death and the Rise of Targeted Killings
October 25, 2011
JURIST Guest Columnist Kevin Govern of Ave Maria School of Law says that the death of Muammar Gaddafi and one of his sons exemplifies an emerging trend towards the use of targeted and extrajudicial killings instead of attempts to capture and prosecute...The death of Libyan leader Muammar Gaddafi officially brought his rule to an end on October 20, 2011. This was met with the acclaim of governments around the world and the relief of the Libyan people. Apparently injured during a combined NATO aircraft and US Predator drone strike on his convoy in Sirte, Gaddafi was then captured by National Transitional Council (NTC) rebels and subsequently killed. Reports from NTC officials also confirmed Gaddafi's son Muatassim was killed in Sirte.....  [more]

The Rule of Law and the Extrajudicial Killing of Muammar Gaddafi
October 24, 2011
JURIST Special Guest Columnist Curtis Doebbler of Webster University and the Geneva School of Diplomacy and International Relations, both in Geneva, Switzerland, says the killing of Muammar Gaddafi appears to be another violation of international law involving the US, sending the dangerous message that one must kill or be killed... Although the facts are far from clear, most reports now seem to confirm that Muammar Gaddafi was killed after his convoy was attacked by NATO planes, including aircraft from the US and France, and after he was captured alive. If these facts are correct, they point to yet another serious violation of international law involving the US. The willful killing or summary execution of a prisoner of war who is....  [more]

Gaddafi's Demise and the Law of War: Lessons from Literature
October 22, 2011
JURIST Contributing Editor Laurie Blank of Emory University School of Law says that two great works of literature highlight the ancient pedigree of the law of war principles violated in the death of Muammar Gaddafi (if killed after capture) and the treatment of his remains by Libyan rebels...If reports of Muammar Gaddafi's death are accurate, then we saw several violations of the law of armed conflict on Friday. News reports stated that Gaddafi was found in a drainpipe after an attack on his convoy as it fled from Sirte, his hometown. At present, it is unclear if he was then killed in the course of a gunfight or if he was killed once in the hands of his captors. What....  [more]

The Twitter Revolutions: Social Media in the Arab Spring
October 22, 2011
JURIST Guest Columnist Kevin Govern of Ave Maria School of Law says that social media and networking have proven pivotal in the success of the Arab Spring protest movements in a manner that was previously unforeseen by commentators and scholars...The ongoing protests in the Arab Spring are unprecedented in scope and duration since the end of European domination. These protests have resulted in the overthrow and death of Muammar Gaddafi, along with the rulers of Tunisia and Egypt being ousted, and those of Bahrain, Jordan, Oman, Yemen and Iran being seriously challenged. Since January, these protests have challenged the legitimacy of leaders in the Middle East and North Africa. US allies and adversaries have experienced intense public unrest challenging their....  [more]

Prosecuting Gaddafi: Ensuring Justice in Libya
September 20, 2011
JURIST Guest Columnist Charles Adeogun-Phillips of Charles Anthony LLP says that despite concerns surrounding the ability of the new Libyan government to provide Muammar Gaddafi with a fair trial upon capture, it should be allowed the opportunity to establish a hybrid international and domestic court for the purposes of institution building and reconciliation... From all indications, it would seem as though the 42-year reign of Libyan leader and Pan African activist Colonel Muammar Gaddafi is finally over. Like Saddam Hussein, his ego is bound to get the better of him, and he will mostly likely remain on Libyan soil until he is captured by rebel forces. That is not necessarily a bad thing. At a minimum, it is clear that....  [more]

Middle Eastern Democracy and the Arab Spring in International Law
August 31, 2011
JURIST Special Guest Columnist Curtis Doebbler of Webster University and Geneva School of Diplomacy and International Relations, both in Geneva, Switzerland, says that the right to participate in government is a recognized aspiration in international law and that in the Middle East this has begun to be realized with the Arab Spring...Recent events in the Middle East have raised and continue to raise important questions about individuals' and peoples' rights to participate in their own government. Although some controversy remains about what this right entails, there is widespread consensus on the existence of a core right of all people to participate in their own government. One of the best forums for reviewing this consensus is international law, which provides a....  [more]

Avoiding Amnesty: Bringing Gaddafi to Justice
August 25, 2011
JURIST Guest Columnist Kevin Govern of Ave Maria School of Law says that members of the Gaddafi regime must be brought to justice in accordance with international law and should not be allowed to go into exile like other dictators in the region...The capture of Muammar Gaddafi's sons within the past few days, rebel forces controlling much of Tripoli and Gaddafi's heavily fortified Bab Al-Aziziya compound, accompanies the announcement by the rebel government that the country's transition "begins immediately" and that "the fall of the capital means the fall of the regime." This indicates a kill or capture confrontation in the very near future if or when Muammar Gaddafi is found. The die appears to be cast, inasmuch as representatives....  [more]

Risking Irrelevance: The Threat of Impunity to the African Union
August 04, 2011
JURIST Special Guest Columnist James Nyawo, a Ph.D. candidate at the Irish Centre for Human Rights, says that the African Union must emulate the EU and begin to confront human rights abuses, not only to prevent the organization from losing relevancy, but also to ensure that those who have committed crimes against humanity face justice...The arrests of Radovan Karadzic, Ratko Mladic and most recently Goran Hadzic, are examples of how regional institutions can play a pivotal role in the struggle against impunity. The three suspects were indicted by the International Criminal Tribunal for the Former Yugoslavia (ICTY) over a decade ago for war crimes and crimes against humanity carried out in the former Yugoslavia, but allegedly enjoyed protection from the....  [more]

War Powers and Executive Authority in the Libya Conflict
May 29, 2011
JURIST Guest Columnist Jordan Paust of the University of Houston Law Center says that the War Powers Resolution does not limit the president's options in Libya due to his constitutional authority and international obligations... President Obama has decided that the US will continue to participate with other NATO members in military actions authorized by the UN Security Council in Resolution 1973 (March 17, 2011), which "[a]uthorizes Member States ... to take all necessary measures ... to protect civilians and civilian populated areas under threat of attack in" Libya. The Security Council has authority to authorize such measures under Articles 39 and 42 of the UN Charter in response to "any threat to the peace, breach of the peace, or act....  [more]

The President Does Not Need Congressional Approval for Libya No-Fly Zone (Yet)
March 22, 2011
JURIST Contributing Editor Michael J. Kelly, Professor of Law and Associate Dean for Faculty Research and International Programs at Creighton University School of Law says that, for now, President Obama has the legal authority to commit U.S. military forces to establish the no-fly zone over Libya... On March 19, 2011, a coalition of nations began air combat missions over the coastal areas of Libya to establish a no-fly zone, designed to protect civilians protesting Col. Muammar Gaddafi's rule from further bombardment by his military. The United States is part of that coalition. Since President Barack Obama committed U.S. military forces, questions have been raised over the President's legal authority to undertake this action. An American president contemplating significant military engagement....  [more]

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