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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