The prospect of international intervention legitimacy: case study of 2011 libyan armed conflict

5.2. Test of Hypothesis

The above developments led the researcher to realize that the issue of the intervention of NATO in Libya has been subject of several controversies.

Indeed, some believe that the presence of NATO forces in Libya constituted a violation of the principle of sovereignty guaranteed by article 2 paragraph 1 of the Charter of U.N. Others on the other hand, support that this intervention was so worth in so far as the circumstances of the ground demanded. A researcher also focused on analysis of the international intervention in Libya by NATO if it has deviated from its mission by helping the rebel against the government troops and stress out it negative humanitarian outcomes. It is in this context the researcher developed the present research.

5.2.1. First Hypothesis: «International intervention in Libya by NATO of 2011 does not comply with the 1973 UN Security Council resolution»

As general acceptance, States are sovereign and any interference in the internal affairs of a State cannot be tolerated because this will be qualified as a violation of the principle of non-interference. However, during the 2005 World Summit, each Member States of U.N have taken the responsibility to protect their civilians from violations of human rights. It was the prerogative of each State to protect its populations from human rights violations. And if the later failed to protect them, the international community through the Security Council could therefore use all means, even coercive if necessary to maintain international peace and security. It is where the doctrine of the responsibility to protect stems came from.

Under article 2§4, the use of force is not prohibited, but only when it is directed against the territorial integrity, political independence of the target State or where it is inconsistent with the purposes of the United Nations.^277(*)Talking of the legality of the international intervention in Libya by NATO in 2011, the article 4 of the 1973 Resolution authorizes the States which have notified the Secretary-General to "take all necessary measures" to protect the civilian population in Libya.^278(*) This does not exclude attacks which have as goal the overthrow of Gaddafi if they were also intended to protect civilians.

Hence, the framed hypothesis «International intervention in Libya by NATO of 2011 does not comply with the UNSC resolution» has not been validated.

* ²⁷⁷ Christine Gray, The Use of Force and the International Legal Order, in 615, 623 (Malcolm D. Evans ed., 3d ed. 2010, pp. 87-88.

* ²⁷⁸ UNSCR 1973.