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

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par Jean de Dieu ILIMUBUHANGA
Kigali Independent University - Master degree in public international law 2014
  

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5.3. Suggestions and Recommendation

To conclude, the purpose of war displayed initially, arising from the mandate established by the 1973 Resolution, was the protection of the civilian population but the bombing of targets in accustomed areas of Tripoli, away from protecting civilians, already killed a number who enter to NATO in the category of "collateral victims". Fact which represents a widely extensible reading of the 1973 Resolution, or even a violation of the framework of the resolution under international law and sufficiently the prerogatives conferred on the Security Council by the Charter, are more used to political and diplomatic purposes to the detriment of their true mission.

Due the abuse done by NATO where it resource to deviation of its mission «to take all necessary measures ....», the researcher has proposed the following recommendation.

5.3.1. Recommendation to the UN Security Council

As the scope of the authorization in Libya by UNSCR is unusually broad and making it difficult to determine the exact limits of the authorization. While the authorization and the military intervention are legal, an evaluation of the Security Council's action in Libya from a policy perspective and with regard to its legitimacy is more precarious, and the final assessment of the intervention will depend on a considerable degree on whether it will result in a stable and peaceful resolution of conflict.

Firstly, the researcher suggests to the Security Council that the Security Council Resolution should be clear in all of its dispositions or provisions and define the means and methods used by intervener organ or State.

Secondly, the researcher suggests to UN Security Council members that the resolution taken should be the broadest developed and should initiate the way the resolution should be put in action without confusion to the intervener.

Finally, the researcher suggests to UNSC members that all UN Security Council Resolution should comply with the UN Charter in all time and in all circumstance.

5.3.2. Recommendation to the UN Members and to the International Community

The UN member and all international community should respect the UN Charter and all resolution should be in conformity with it, any other considerations like political and economical parameter should be avoided.

5.3.3. Recommendation to the Intervener State or Organization

The intervention in Libya reveals general weaknesses and shortcomings in the international system of collective security, deficits that have the potential to significantly weaken the international community's enduring acceptance and support of the system. When single States and coalitions of states seem to resort to the use of force primarily motivated by their own interests and not so much for the benefit of the international community and of the people that are affected by military intervention that is why a researcher recommends:

· that any assessment of the intervention should be always be ambivalent, regardless of the fact that the intervening states acted with the blessing of the UN Security Council and, therefore, under the banner of international legality.

· The intervener should respect in all time the norms of IHL and other jus cogens norms.

· The practice of execution of UNSCR should be appropriate to balancing the consequences caused by the force to be used and right of human being as provided by declaration of Human Rights.

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