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Carne Ross

Carne Ross

Posted: March 4, 2011 02:33 PM

Libya: Eight Nonmilitary Options


I am, like many, disappointed by the lack of debate about nonmilitary alternatives to the situation in Libya. No Fly Zones are an extremely risky venture, have no current legal basis, and may backfire.

Before any military action is contemplated, there are other steps available to put pressure on Gaddafi's regime to step down. These are additional to the welcome steps imposed by the UN Security Council this weekend in resolution 1970: ICC referral, assets freeze, travel bans etc..

These are ideas for discussion, but discussion followed by deliberate action is what's needed right now. A lot of these ideas flow from my -- very mixed -- experience of working on sanctions on Iraq and indeed Libya (when the UN imposed sanctions to get Libya to hand over the Lockerbie accused), as well as some recent thinking about so-called "smart sanctions". I should add that in this debate I bow to Libyans on the ground -- their views on what's needed should be heeded very carefully.

1. Establishment of an escrow account for Libyan oil revenues: this would require further UNSC chapter VII authorization. At present, it appears that all oil revenues, including from oil produced from rebel-held areas, flows to the Libyan government. All payments should instead be paid into a UN-run escrow account, the proceeds of which would be released as soon as a representative government is established in Libya. While the account is in operation, proceeds might in the interim be used for humanitarian purposes in rebel-held areas or to aid refugees. This would be a short-term measure to exert maximum pressure on the regime. My suspicion is that governments are not discussing this for fear of the effect on oil prices (this is uppermost in US debate in particular). To deal with this problem, Saudi Arabia should be asked to make very public commitments to increase its daily production to cover any shortfall of Libyan production.

2. Listing all Libyan personnel involved in repression for sanction under SCR 1970. Paras 22-23 of this resolution encourage states to nominate individuals to whom the asset freeze and travel ban would apply. At the moment, the list is very short and comprises only prominent regime members. The UN or Security Council members should make public this encouragement to Libyans on the ground to nominate members of the security forces. Why not publish an email address for such nominations or set up a wiki for Libyans to compile evidence? I realize the potential downsides of this, but the point would primarily be to act as a deterrent. There is also nothing to stop individual states declaring that those named under paras 22-23 will be subject to these measures in perpetuity. For a start, why not nominate all Libyan diplomats who have not defected for these sanctions? Why not take a list of all senior Libyan army officers and stick them on the list too?

3. Seek public declarations from all commercial companies that they will not do business with the Gadhaffi regime. The admirable folks in the Genocide Intervention Network have already begun campaigning for this and have secured several such commitments. I see no reason why governments, such as the US and UK, should not demand such commitments of companies based in their respective countries. Naming and shaming has considerable effect on the recalcitrant.

4. Immediately position monitoring units on all borders and a naval blockade to ensure that the military embargo under UNSCR 1970 is enforced, and that regime members under ICC investigation or subject to paras 22-23 of UNSCR 1970 do not escape. This could be implemented now, and does not in my view require further Security Council authority. An air blockade to the same effect might also be considered.

5. Electronic jamming of all regime communications; interference with internet communications, Stuxnet-like attacks on regime IT infrastructure. I hope that US etc are already trying to do this. If not, they should be.

6. Provide immediate and substantial humanitarian assistance in rebel-held areas.

7. Set up publicly accessible websites using satellite and other reconnaissance data to inform anti-Gaddafi forces of the disposition of regime military and irregular units. Or, get the data to them more covertly using encrypted satphones etc... (thanks @racionalisimo for that one).

8. Consider making the Libyan currency non-convertible (thanks to @stream47 for this idea). I'm no expert on this so list this for consideration only. Another idea is to impose Swift banking sanctions to freeze all financial transactions beyond the assets freeze imposed in SCR1970. The problem with assets freezes is that it's too easy these days for individuals/regimes to hide money. Tracking these monies is a major forensic effort, and can take time.

These are only eight ideas. I am sure there are others. I am grateful to various friends on Twitter for their suggestions. If you have additional ideas, please feel free to send them to me @carneross.

 

Follow Carne Ross on Twitter: www.twitter.com/carneross

 
 
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HoosierInMaryland
HuffPo says my 'micro-bio is empty'
02:54 AM on 03/06/2011
I keep hearing that for a no-fly zone, we'd first have to take out their air defense system. I don't understand - leave it in, but with a warning that we will devastate any site that is a threat to any aircraft participating in the no-fly zone. In other words, fire up the air defense system at one site, that site is taken out, be it within seconds or hours later.

Yes, it would present a somewhat higher level of danger to the pilots, but don't we have unmanned aircraft we're now using in Afghanistan? And wouldn't that type of aircraft be extremely effective in the desert environment of Libya?
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gutenmorgen
a.k.a. poopdeck
09:07 AM on 03/05/2011
Legal basis? Schmegal basis!
07:56 AM on 03/05/2011
This discussion has an oddly abstract flavor. The whole thing is obviously time-critical, where time is measured in days. Yet this is barely touched on.

Yes, we can make a bunch of ponderous diplomatic and financial moves that make us feel better and give us grounds for praising our sober legality. But if we want Qaddafi out, we'd better think of some actions we can live with that will cripple his armor and air force, and possibly reduce the ranks of his foreign fighters. Fast. These could range from cruise missiles to effective threats directed at his officer corps. If any and all moves along these lines are infeasible in the near future, we've got nothing.

Is there some probability of failure, backfire, unpredictable consequences? For sure -- but the same risks arise with inaction.
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Bob Gort
07:55 AM on 03/05/2011
One thing that works against non-military solutions is that these dictators/despots almost always skate free, no matter what they have done. Saddam was the rare exception. Saudi Arabia is one of the popular rest havens for these guys ... France is another place. And look how long everyone has let Ratko Mladic go free in Serbia, making no serious effort to bring him to trial.
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Carl Caroli
Give peace a chance
07:31 AM on 03/05/2011
We need to mind our own business and stop trying to influence everyone else's decisions for a change.
06:23 AM on 03/05/2011
Great ideas all. One problem, takes to long, by the time most of this could get done, another thousand could be dead. Let them fight it out, then either help the new winning power or take out daffy if his forces win and turn it over to the newbies.
Zadeekah
Like Sisyphus, it's hopeless but keep trying
09:22 PM on 03/04/2011
Items 4 to 7 are good ideas and should definitely be on the table for discussion. A blockade together with communications jamming might be a good substitute for a no-fly zone. I don't understand, however, why a no-fly zone faces legal problems. It worked in Iraq.

It would have been better had you begun with items 4 to 7. The current item 1, getting Saudi Arabia to commit to increased production, is a show-stopper. For one thing, we do not know if the Saudi regime will continue and for how long. It could well fall, almost overnight, with 5000 scampering little princes falling over themselves on their way to some other place. For another, there is widespread suspicion that the Saudis are lying about their capacity for increased production.
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OneTop
Uh, is that a beer hall?
08:44 PM on 03/04/2011
Why does the author / West feel that it needs to interfere in the Internal affairs of the sovereign nation of Libya?

Are we equally concerned with the Congo, Nigeria, Ivory Coast, Somolia, Uganda, Gaza ..... etc, ?

What is it that makes Libya so special ?
11:22 PM on 03/04/2011
Bravo!!!!!!!!!!!!!!!!!
04:15 PM on 03/05/2011
The U.N. scope of work applies to Libya. There are several things it can do which would be helpful. Other countries it is not possible to take effective action because difficulties are too great. Attempts may be taken to resolve Libya's problems, lead to failure then you can add them to your list.
08:07 PM on 03/04/2011
ask the whitehouse how many of these things it is planning

the alternative government in benghazi can boost its credibility by making a promise to outlaw torture

the non-interference principle has allready been violated by nations or companies when they trade with gadaffi and other dictators ; trading with gadafffi is interference with the people's right to a decent government , so may as well interfere { intervene] in the right direction and help the alternative government

i would ask Blackwater to enter the fight against gadhaffi for FREE, GRATIS [ maybe a payment from oil revenues later ]; ordinaryly i dont like blackwater and would abolish such mercenaries ; so send them into Tripoli to get rid of as many mercenaries on both sides as possible in a good cause..... ditto Ivory Coast...send a thief to catch a theif

the main objective should be establishing a government which abolishes gestapo and can enforce a ban on torture

i would have airlifted commandos [ or Blackwater which technically is not interference from the US government] to attack gadaffis headquarters ; for sure US spy satellites know where gadaffi is

the only truly non-violent intervention which works and works immediately is permanent funding for a group of 10 000 yogic flyers
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SmotPoker
Medical Marijuana saved my life.
07:59 PM on 03/04/2011
I think the best thing we can do for the Libyans is stay the he!! out of it and let the Libyans decide their own fate. I tend to believe that once they achieve their goals they will appreciate their freedoms a heck of a lot more than Americans do and will work that much harder to make sure that freedom is ensured. You tend to appreciate things a bit more when you do the heavy lifting yourself and it won't leave them beholding to our greedy and corrupt interest.
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studioh!
just.words.
12:18 PM on 03/05/2011
SwellWaid
06:31 PM on 03/04/2011
An additional nonmilitary option is to provide cash to the revolutioary side. Perhaps as a "cash advance" on the people's oil.Nevertheless, the United States is preparing for war in Lybia. This takes time. Gaddafi is fool enough to attack a U.S. navel vessel and trigger the war. Otherwise something else will trigger it.
Since President Obama has declared the Gaddafi government "illegitimate", who is the legitimate government? The National Council in Bengazi has asked for a "no fly" zone (but not boots on the ground.) The United States should recognise the Council and grant this legitimate request.

Doing all the nonmilitary options will only result in a bloody stalemate. Someone needs to put their finger on the scale.
05:43 PM on 03/04/2011
In short: This is an INTERNAL conflict moving toward a full blown civil war!

I hear only a few voices around reminding us of what used to be the International Law: Sovereignty, territorial integrity, peaceful coexistence! Theoretically, it is still valid.
(Unfortunately, in the last 20 years, these postulates are often simply ignored!)

So: Both, rebels and Gaddafi loyalist are Libyans, and should solve this situation... by fighting or talking...up to them...

A question: On the base of what we (or China or Russia or Martians), have right to decide what side is legal and right!!! It's not our call!!!!
Finally, to remind all of us::
Libya is the ONLY Arab and African country in which MOST of the national wealth was used for development and directed to their people!!!!!!!!!!!!!!!!!!!!!!!! Plus, Libya was very secular!
Finally, I hope I won't be crucified for this:
We have homeless people (Libya doesn't); we have people dying without health care (Libya doesn't); we have good kids not going to college (Libya doesn't; education is completely free up to PhD!!!); we have old people struggling to provide even for food (Libya doesn't); we go around world, bombing, killing, spinning or blatantly lying, plotting, taking what we like (Libya doesn't)...
And yes, we ALSO have more or less crazy and not crazy but stupid or mean people sitting on the top of the national "food chain," for decades, doing nothing but parasitising (Wall street, D.C.)...
12:51 PM on 03/05/2011
"Libya is the ONLY Arab and African country in which MOST of the national wealth was used for developmen­t and directed to their people!!!!­!!!!!!!!!!­!!!!!!!!!! Plus, Libya was very secular!"

So why are they rebelling?
12:54 PM on 03/05/2011
And we, in America - are not?
03:54 PM on 03/05/2011
In a tribal society like Libya it is not difficult to start a conflict. If you have a closer look at the map, you'll see that this has turned to be a conflict between TRIBES!
Btw, how come that more than a million foreign workers were there - well paid and working on many really big developmental and infrastructure projects? Plus, let me give you some numbers for Libya: The highest # of mercedesbenz cars per capita; 9 million cars, average age 4; citizens: 6 million... Check BDP per capita... Would be good to check the number of Libyan students studying abroad... Btw, Libyans do not pay for electricity. It is FREE for all citizens, as is health care, education, etc..
What do you think, what forces in this world DO NOT LIKE that? And, again, it is so easy to start a conflict. For example, give me a tabloid, FB, or a tv channel, and I would be able to start a civil war in UK, or here!
01:11 PM on 03/05/2011
Libya has also been a repressive state centered around Khadafi's cult of personality that has lasted for over 41 years. He has, in that past, commissioned assassinations of Libyan dissidents living abroad. How is it's being a secular regime at all relevant to that except to those who want to invoke the al-Qaida bogeyman here. Given that Libya recently placed 146th worst/178 countries on Transparency International's Corruption Perception's Index, you're assertion of what he's done with the national wealth is dubious too.

Libya doesn't take what it likes? You've overlooked the entire history of Libya's involvement in Chad, which involved its claims on the Aouzou Strip in the north of Chad, not to mention it's laughable attempt to keep Idi Amin in power and it's support of Islamist ethnic cleansing in Darfur.

Further, the measures suggested are quite consistent with international law, either immediately or with Security Council sanction. All but the intel sharing involve trading with Libya or permitting key regime personnel to enter foreign countries. None, therefore, are fully internal.
04:09 PM on 03/05/2011
My knowledge of Libya, collected only by working there (and around) for a few years, is obviously nothing compare to your immaculate points.
I am so deeply impressed with all the points you brought (btw, we all read more or less the same media), and by your thorough knowledge about Libya, especially how people there live and think, and what really happened, and by your great ability to bend and remodel the basic postulates of the International law!!! I simply cannot say anything else but that you should have looked for a job in previous administrations!
And, I was simply shocked by "commission­ed assassinat­ions of Libyan dissidents." Yak, that is absolutely outrageous and it must be stopped and punished before other governments learn about it, and before such practice spreads all over the world!!!! Terrible!!!
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04:23 PM on 03/04/2011
As a life-long leftist who has only rarely advocated intervention (Rwanda, Congo, Darfur as examples), I appreciate the desire for some peaceful outcome.

But the plain, cruel fact is that this regime has brutally attacked its own people with heavy weapons, and continues to do so. If the US really wanted to help, it could've secured UN, including Russian support, for any early, quick, decisive move that would've ended this last week. It did not actually try.

The US doesn't really want to help. The question is "why"?
Zadeekah
Like Sisyphus, it's hopeless but keep trying
09:30 PM on 03/04/2011
That is certainly a good observation and question. Why, indeed. I suspect that the US does not want to be allied with Al-Queda (they, too, support the revolt), for what would that do to the war on terror? And they don't want to intervene because that might inflame the radicals into creating an Islamic state, if they won the civil war, and that would be bad for the US and Europe. I also suspect that Obama hasn't a clue about what he's doing or not doing, but it is suspicious that the simplest thing to do has been claimed to be very difficult and everyone is sitting on their hands, which I suppose is a step up from sitting on their brains.
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10:29 PM on 03/04/2011
Have to disagree - there is no Al Quaeda left in Libya - the small group that did exist was essentially destroyed by the Colonel some time ago.

They may (emphasis "may") fear a backlash against a US move, but that certainly has not stopped Obama from losing every single heart and mind in Afghanistan and Pakistan via the barbaric tactics use.

No. I fear it come down to money. There are huge US/UK money and oil interests who are determined not to lose their favored positions. And THAT is what Obama responds to.
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NavyRetiredInTexas
MNCM (Ret)
04:04 PM on 03/04/2011
Nice list, not as long as the list of Libyan's that will be killed because Gaddafi had been given more time while the rat of the world sat on it's hands. If you were a Libyan citizen facing tanks and attack aircraft would tell the rest of the world to wit to see if talks will work???
11:30 PM on 03/04/2011
Hey, this is not "Gaddafi killing Lybian citizens and/or peaceful protesters"! The first thing that the opposition did there was to attack police stations and military bases and to take weapons! This is an armed conflict with all properties of a civil war!
01:16 PM on 03/05/2011
That is incorrect. as al-Jazerra English has noted in its live blogging of events
http://blogs.aljazeera.net/middle-east/2011/02/17/live-blog-libya#feb17
The protests that started on Feb 17 were peaceful. Fighting started when security forces used deadly force on demonstrators. In fact, a quote from Human Rights Watch best characterized events ""The security forces' vicious attacks on peaceful demonstrators lay bare the reality of Muammar Gaddafi's brutality when faced with any internal dissent."
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William50
04:02 PM on 03/04/2011
Today, the United States of America has to stop the war rhetoric and the movement of troops toward Libya. We need to see what the next two or three weeks show in the revolt and the legal resistance by the legal government of Libya.
I fully understand that my statement above is against the feelings of many. I also understand some, not a lot about the legal use of force by outside countries to internal civil wars. Because of this I am not against medical supplies to both sides and even food but I am against any military action by the USA.