Has the United Kingdom De-Recognized Colonel Qadhafi as Head of State of Libya?

Abstract

On 27 February 2011, the British Foreign Secretary declared that he had 'signed a directive revoking [Colonel Qadhafi' diplomatic immunity in the United Kingdom but also the diplomatic immunity of his sons, his family, his household so it's very clear where we stand on, on his status as a head of state.' This gave the impression that the United Kingdom no longer recognized Colonel Qadhafi as head of State of Libya and denied him diplomatic or personal immunity in the United Kingdom. His short paper examines the legal effects of a Direction pursuant to section 2'63) of the UK State Immunity Act 1978 and asks whether, in light of the death of hundreds of civilians and the incitement of hostility and violence against the civilian population by Colonel Qadhafi, the United Kingdom could, and should, withdraw his recognition as head of State of Libya and, consequently, deny him immunity.

Keywords: international law, UK State Immunity Act 1978, immunity of heads of State, withdrawal of recognition of heads of State