The Applicability of International Humanitarian Law to the Conflict in Libya

International Community Law Review, Vol. 14, No. 4, 2012

34 Pages Posted: 28 Feb 2014 Last revised: 28 Sep 2018

See all articles by Kubo Mačák

Kubo Mačák

University of Exeter

Noam Zamir

City University of Hong Kong (CityUHK) - School of Law

Date Written: July 29, 2012

Abstract

The purpose of this article is to examine the applicability of international humanitarian law to the 2011 conflict in Libya in its consecutive phases. We argue that the situation in Libya rose to the level of non-international armed conflict between the government forces and insurgents united by the National Transitional Council by the end of February 2011. The military intervention by a multi-state coalition acting under the Security Council mandate since March 2011 occasioned an international armed conflict between Libya and the intervening States. We consider and reject the arguments in favor of conflict convergence caused by the increased collaboration between the rebels and NATO forces. Similarly, we refute the propositions that the Gaddafi government’s gradual loss of power brought about conflict de-internationalisation. Finally, we conclude that both parallel conflicts in Libya terminated at the end of October 2011. The article aspires to shed light on the controversial issues relating to conflict qualification in general and to serve as a basis for the assessment of the scope of responsibility of the actors in the Libyan conflict in particular.

Keywords: Libya, NATO, NTC, non-international armed conflict, international armed conflict, internationalisation of armed conflicts, humanitarian law

JEL Classification: K33

Suggested Citation

Mačák, Kubo and Zamir, Noam, The Applicability of International Humanitarian Law to the Conflict in Libya (July 29, 2012). International Community Law Review, Vol. 14, No. 4, 2012. Available at SSRN: https://ssrn.com/abstract=2402581

Kubo Mačák (Contact Author)

University of Exeter ( email )

Northcote House
The Queen's Drive
Exeter, Devon EX4 4QJ
United Kingdom
+44 1392 72 5607 (Phone)

HOME PAGE: http://www.kubomacak.org

Noam Zamir

City University of Hong Kong (CityUHK) - School of Law ( email )

6/F, Lee Shau Kee Building
Kowloon, Shatin, New Territories
Hong Kong

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
101
Abstract Views
702
rank
284,657
PlumX Metrics