Libya: Unrest and U.S. Policy
Christopher M. Blanchard
Acting Section Research Manager
JuneJuly 6, 2011
Congressional Research Service
7-5700
www.crs.gov
RL33142
CRS Report for Congress
Prepared for Members and Committees of Congress
Libya: Unrest and U.S. Policy
Summary
Over 40 years ago, Muammar al Qadhafi led a revolt against the Libyan monarchy in the name of
nationalism, self-determination, and popular sovereignty. Opposition groups citing the same
principles are now revolting against Qadhafi to bring an end to the authoritarian political system
he has controlled in Libya for the last four decades. The Libyan government’s use of force against
civilians and opposition forces seeking Qadhafi’s overthrow sparked an international outcry and
led the United Nations Security Council to adopt Resolution 1973, which authorizes “all
necessary measures” to protect Libyan civilians. The United States military is participating in
Operation Unified Protector, the North Atlantic Treaty Organization (NATO) military operation to
enforce the resolution. Qatar, the United Arab Emirates, Jordan and other partner governments
also are participating. Qadhafi and his supporters have described the uprising as a foreign and
Islamist conspiracy and are attempting to outlast their opponents. Qadhafi remains defiant amid
coalition air strikes and defections. His forces continue to attack opposition-held areas. Some
opposition figures have formed an Interim Transitional National Council (TNC), which claims to
represent all areas of the country. They seek foreign political recognition and material support.
Resolution 1973 calls for an immediate cease-fire and dialogue, declares a no-fly zone in Libyan
airspace, and authorizes robust enforcement measures for the arms embargo on Libya established
by Resolution 1970 of February 26. As of June 6, NATO officials reportedreport that U.S. and coalition
strikes on
Libyan air defenses, air forces, and ground forces hadhave neutralized the ability of
Muammar al
Qadhafi’s military to control the country’s airspace. Coalition forces target proQadhafipro-Qadhafi ground
forces found to be violating Resolution 1973 through attacks that threaten
civilians. President
Obama has said the United States will not introduce ground forces, and
Resolution 1973 forbids
“a foreign occupation force of any form on any part of Libyan territory.”
On May 5, the Italy and Qatar co-chaired the second meeting of the intergovernmental Libya
Contact Group, and The intergovernmental
Libya Contact Group has endorsed terms of reference for a temporary financial mechanism to support
support the TNC and the unfreezing of seized Libyan government assets for humanitarian costs.
Qatar, Italy, Kuwait, France,
and others have formally recognized the TNC as the legitimate
representative of the Libyan
people. The United States and others continue to provide
humanitarian assistance to displaced
persons.
Until recently, the United States government was pursuing a policy of reengagement toward
Qadhafi after decades of confrontation, sanctions, and Libyan isolation. While U.S. military
operations continue, Obama Administration officials highlight a number of non-military steps the
U.S. government has taken to achieve Qadhafi’s ouster, such as newexpanding targeted sanctions
on
Libyan officials established in Executive Order 13566. Some Members of Congress expressed
support for U.S.
military intervention prior to the adoption of Resolution 1973, while others
disagreed or called for
the President to seek explicit congressional authorization prior to any use of force. On March 21
and May 20, President Obama sent letters
of force. President Obama has submitted correspondence and reports to Congress outlining U.S.
military objectives and
operations, but not explicitly seekinghas not sought congressional authorization. House and
Senate resolutions
now seek to further define the goals and limits of future U.S. engagement.
Many observers believe that Libya’s weak government institutions, potentially divisive political
dynamics, and current conflict suggest that security challenges and significant reconstruction
needs could follow the current uprising,
regardless of its outcome. In evaluating U.S. policy
options, Congress may seek to better
understand the roots and nature of the conflict in Libya, the
views and interests of key players,
and the potential long term consequences of military
operations and political intervention.
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Contents
Background ................................................................................................................................1
Status as of June 6July 5, 2011 ..............................................................................................................3
Conflict Developments.......................................................................................................... 3
U.S. Military Operations and Costs .................................................................................5
Congressional Action and Legislation..............................................................................6
Assessment and Key Issues ...................................................................................................57
Cease-fire Proposals and U.S. Policy........................................................................................................79
Arms and Military Support..............................................................................................8 10
Libyan Assets, TNC Funding, and Oil Exports ................................................................9 10
Humanitarian Conditions and Relief................................................................................9 11
International Criminal Court and United Nations Human Rights
Council Investigations................................................................................................ 1012
U.S. and International Responses .............................................................................................. 1113
Current U.S. Policy ............................................................................................................. 1214
Administration Views and Action Prior to the Use of Force ........................................... 1314
No-Fly Zone, Arms Embargo, and Civilian Protection Operations ................................. 1516
U.S. Humanitarian Operations....................................................................................... 1618
U.S. Engagement with and Assistance to the Libyan Opposition.................................... 1618
Congressional Action, War Powers, and Authorization Debates ........................................... 1719
Select Legislation and Statements.................................................................................. 1820
The United Nations and Security Council Resolutions 1970 and 1973 ................................. 2123
The Arab League and the African Union.............................................................................. 2325
The European Union and EU Member States....................................................................... 2527
The North Atlantic Treaty Organization (NATO) ................................................................. 2729
Russia and China ................................................................................................................ 2830
Prospects and Challenges for U.S. Policy .................................................................................. 2931
Possible Scenarios............................................................................................................... 3032
Possible Questions .............................................................................................................. 3133
Libyan Political Dynamics and Profiles ..................................................................................... 3234
Political Dynamics .............................................................................................................. 3234
Qadhafi and the Libyan Government ................................................................................... 3335
Muammar al Qadhafi .................................................................................................... 3335
The Qadhafi Family and Prominent Officials: Selected Profiles..................................... 3336
Opposition Groups .............................................................................................................. 3537
Interim Transitional National Council (TNC) ................................................................ 3537
Prominent TNC and Opposition Figures ........................................................................ 3739
Opposition Military Forces............................................................................................ 3840
Exiles and Al Sanusi Monarchy Figures ........................................................................ 4042
The Muslim Brotherhood .............................................................................................. 4143
Libyan Islamic Fighting Group (LIFG)/Libyan Islamic Movement for
Change (LIMC) ......................................................................................................... 4244
Al Qaeda in the Lands of the Islamic Maghreb (AQLIM/AQIM)................................... 4446
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Figures
Figure 1. Map of Libyan Military Facilities, Energy Infrastructure, and Conflict..........................2
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Figure 2. Political Map of Libya................................................................................................ 4648
Contacts
Author Contact Information ...................................................................................................... 4749
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Background
For a summary of recent events and conflict assessment, see “Status as of June 6July 5, 2011”
Political change in neighboring Tunisia and Egypt helped bring long-simmering Libyan reform
debates to the boiling point in January and early February 2011. In recent years, leading Libyans
had staked out a broad range of positions about the necessary scope and pace of reform, while
competing for influence and opportunity under the watchful eye of hard-liners aligned with the
enigmatic leader of Libya’s 1969 revolution, Muammar al Qadhafi. Qadhafi has long insisted that
he holds no formal government position, but by all accounts he maintained his 40-plus year hold
on ultimate authority until recently as the “reference point” for Libya’s byzantine political system.
Ironically, that system cited “popular authority” as its foundational principle and organizing
concept, but it denied Libyans the most basic political rights. Tribal relations and regional
dynamics, particularly eastern regional resentments, also influence Libyan politics (see “Political
Dynamics” below).
Qadhafi government policy reversals on WMD and terrorism led to the lifting of most
international sanctions in 2003 and 2004, followed by economic liberalization, oil sales, and
international investment that brought new wealth to some in Libya. U.S. business gradually
reengaged amid continuing U.S.-Libyan tension over terrorism concerns that were finally
resolved in 2008. During this period of international reengagement, political change in Libya
remained elusive and illusory. Some observers argued that Qadhafi supporters’ suppression of
opposition had softened, as Libya’s international rehabilitation coincided with steps by some
pragmatists to maneuver within so-called “red lines.” The shifting course of those red lines had
been increasingly entangling reformers in the run-up to the outbreak of recent unrest. Government
reconciliation with imprisoned Islamist militants and the return of some exiled opposition figures
were welcomed by some observers. Ultimately, inaction on the part of the government to calls for
guarantees of basic political rights and for the drafting of a constitution suggested a lack of
consensus, if not outright opposition to meaningful reform among leading officials.
The current crisis was triggered in mid-February 2011 by a chain of events in Benghazi and other
eastern cities that quickly spiraled out of Qadhafi’s control. Although Libyan opposition groups
had called for a so-called “day of rage” on February 17 to commemorate protests that had
occurred five years earlier, localized violence erupted prior to the planned national protests. On
February 15 and 16, Libyan authorities used force to contain small protests demanding that police
release a legal advocate for victims of a previous crackdown who had been arrested. Several
protestors were killed. Confrontations surrounding their funerals and other protest gatherings
escalated severely when government officers reportedly fired live ammunition. In the resulting
chaos, Libyan security forces are alleged to have opened fire with heavy weaponry on protestors,
as opposition groups directly confronted armed personnel while reportedly overrunning a number
of security facilities. Popular control over key eastern cities became apparent, and broader unrest
emerged in other regions. A number of military officers, their units, and civilian officials
abandoned Qadhafi for the cause of the then-disorganized and amorphous opposition. Qadhafi
and his supporters denounced their opponents as drug-fueled traitors, foreign agents, and Al
Qaeda supporters. Amid an international outcry, Qadhafi has maintained control over the capital,
Tripoli, and other cities with the help of family-led security forces and regime supporters.
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Figure 1. Map of Libyan Military Facilities, Energy Infrastructure, and Conflict
Sources: The Guardian (UK), Graphic News, U.S. Department of Defense, U.S. Energy Information Administration, Global Security, The Making of Modern Libya (Ali
Abdullatif Ahmida, State University of New York Press, 1994). Edited by CRS.
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Status as of June 6July 5, 2011
Amid continuing NATO-led military operations to enforce U.N. Security Council Resolution
1973, Libya’s civil conflict has reverted to the stalemate condition that prevailed prior to the
advance of pro-Qadhafi forces in early March. NATO officials describe pro-Qadhafi and
opposition forces dug into defensive positions around the eastern town of Al Burayqah (Brega),
continued pro-Qadhafi attacks onnear the western city of Misurata, and continued shelling of
opposition-held areas in the inland western mountain areas from Az Zintan to the Tunisian border
(see Figure 1 above). However, a series of new defections by senior Libyan military officers and
government officials in late May followedhas accompanied intensified NATO airstrikes and new political
initiatives by the African Union to initiatives to
seek a negotiated end to the conflict. These developments, and
a belief that the financial and
material resources of Qadhafi and his supporters are dwindling, has
led some observers to
conclude that, in spite of Qadhafi’s intransigence, Qadhafi may be “on the
back foot” and an end
to the conflict may be in sight. Other observers contend that equally
challenging financial,
material, and political limitations continue to face the opposition Interim
Transitional National
Council (TNC), while the prospect of a prolonged irregular warfare
campaign by Qadhafi
supporters exists, even if organized forces falter.
Each side persists in attempting to outlast the other, and both sides seek to influence the decisions
of external parties about the wisdom and sustainability of military and political intervention. The
next meeting of the Libya Contact Group is scheduled for June 6 in the United Arab Emirates. On
June 1, NATO member state officials and partner country representatives met and agreed to
extend military operations for 90 days from June 27 through September 30. Accidental civilian
casualties have occurred as a result of NATO air strikes, creating some debate about the
operation. Some Members of Congress have become increasingly
assertive in their efforts to
force President Barack Obama to seek explicitcongressional authorization for
continued U.S. military involvement, and a
involvement. A number of proposed resolutions and amendments to
appropriations and
authorization bills seek to require reporting on U.S. strategy and operations or
seek to de-authorize or defund continued U.S. military operations in Libya (see “Congressional
seek to proscribe
limits on the authorization or funding for continued U.S. military operations in Libya. Others seek
to authorize the continued use of U.S. armed forces in support of NATO operations, short of the
use of ground troops (see “Congressional Action, ” below).
Conflict Developments
The initial opposition uprising surprised and nearly overwhelmed Libyan security forces, and late
February and early March were characterized by disorganized advances by opposition elements
and increasingly successful repressive counterattacks by pro-Qadhafi forces. By mid-March,
Qadhafi forces had succeeded in suppressing uprisings in Tripoli and western towns such as
Zawiya and had pushed irregular opposition volunteers eastward, threatening the opposition
stronghold of Benghazi. The advance of pro-Qadhafi forces raised the prospect that more
civilians would be targeted and a broader humanitarian crisis could ensue. On the evening of
March 17, the passage of Resolution 1973 by the United Nations Security Council was greeted
with euphoria by the encircled opposition movement, in spite of their dire security situation and
apparent inability to independently fend off better-armed and better-organized ground forces loyal
to Qadhafi (see “The United Nations and Security Council Resolutions 1970 and 1973” below).
The no-fly zone and civilian protection provisions of Resolution 1973 authorized foreign military
intervention (see “No-Fly Zone, Arms Embargo, and Civilian Protection Operations” below). On
March 18, President Obama outlined nonnegotiable demands to Qadhafi and his government for
an end to violence and indicated the United States was prepared to act militarily as part of a
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coalition to enforce the resolution and protect Libyan civilians (see “Administration Views and
Action Prior to the Use of Force” below).
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Libyan military ground force operations against opposition- held areas continued in violation of
cease-fire pledges, and U.S. and coalition military operations began on March 19. Sea-launched
cruise missile attacks and air strikes targeted Libyan air defenses, air forces, command and
control infrastructure, and ground forces involved in attacks on civilians, including south of the
opposition stronghold of Benghazi. The coalition intervention reversed Qadhafi’s forces’ advance
on Benghazi and enabled some opposition forces to press retreating loyalist units westward along
the coastal road through the formerly rebel-held towns of Ajdabiya, Al Burayqah (Brega), and
Ra’s Lanuf. The disorganized, undisciplined nature of the opposition forces and shifts in the
intensity and focus of coalition air operations enabled Qadhafi forces to recover from their lateMarch setbacks, and the opposition retreated eastward once again.
As of June 6July 5, forces loyal to Qadhafi continued to engage opposition forces in eastern, central and
,
and western Libya. In the east, the so-called “Free Libya Forces” associated with the TNC are
confronting Libyan military unites along defensive lines near the town of Al Burayqah (Brega). In
the western-central port city of Misurata, opposition volunteers have succeeded in establishing a
wider perimeter within which they are resisting a months-long siege, as international relief (and
by some accounts weaponry) arrives via the city’s long-contested port. In Az Zintan and areas
east and west along the northern approaches to the Al Nafusa mountains, Qadhafi’s forces are
battling fighters from local Berber and Arab communities that have risen against his rule. In some
isolated cases, fighting in western Libya has spilled across the border into the area around
Dehiba, Tunisia, leading the Tunisian armed forces to increase their presence. Reports of fighting
in the southeastern oasis city of Kufrah involving pro-Qadhafi Chadian or Sudanese mercenaries
cannot be confirmed by CRS. Reports that that
sizeable mercenary forces are aiding Qadhafi’s cause
have drawn some scrutiny, and Resolution
1973 authorized measures to combat the introduction
of new mercenary forces to the conflict.
NATO and partner country military operations under Operation Unified Protector continued to
enforce the no-fly zone, civilian protection, and arms embargo missions called for in Resolutions
1970 and 1973. At a meeting in Berlin on April 14, NATO foreign ministers and partner
governments reiterated that alliance operations will continue until attacks and threats against
civilians cease; until all of Qadhafi’s forces have been withdrawn to their bases; and until there is
unhindered access for humanitarian aid. 1 As indicated above, on June 1, NATO announced its
operations would continue for a further 90 days from June 27 through September 30. Coalition air
strikes are ongoing against Libyan
military units threatening civilians and those units’ command
and support infrastructure. As of
June 6 July 5, NATO had flown over 9,770nearly 14,000 air sorties, including nearly 3,700
over 5,280 strike missions to “identify and
engage” targets in Libya.2
U.S. forces continue to support all aspects of the NATO mission. However, the bulk of U.S. air
operations have shifted from strikes against ground targets toward refueling, reconnaissance, and
no-fly zone patrol missions. A statement attributed to an unnamed senior U.S. official in Brussels,
Belgium said that the extension of the NATO mission on June 1 “made it clear we are prepared to engage” targets in Libya.2
France and the United Kingdom have made attack helicopters available for NATO use that are
now engaged in strike operations against Qadhafi forces near Al Burayqah. The United Kingdom,
1
NATO, Statement on Libya, following the working lunch of NATO Ministers of Foreign Affairs with non-NATO
contributors to Operation Unified Protector, Berlin, Germany, April 14, 2011.
2
NATO does not individually identify the participant countries responsible for operations. As of April 5, 2011,
As of April 5, 2011, fourteen NATO member states and three partner countries were contributing military assets to
Operation Unified
Protector. Ten NATO members and partner countries Qatar, Jordan, Ukraine, Sweden, and the United Arab Emirates
(UAE) were providing a total of 195 fighter jets and reconnaissance planes to enforce the no-fly zone and to carry out
other aspects of NATO air operations. As of May 9, eight NATO allies were providing a total of 2030, 19 ships and
submarines to monitor and enforce the arms were monitoring and enforcing the arms
embargo. Daily operation updates are available at
http://www.jfcnaples.nato.int/Unified_Protector/daily-operational-update.aspx.
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be in this until the end.” Congress is seeking a clearer definition of U.S. objectives, costs, and
operations in pursuit of those ends, and on June 3, the House adopted H.Res.292 which directs the
Administration to provide material on consultation with Congress and a report “describing in
detail United States security interests and objectives, and the activities of United States Armed
Forces, in Libya since March 19, 2011.”
The United States has made armed U.S. drone aircraft available for NATO use, and France and
the United Kingdom have made attack helicopters available for NATO use that are now engaged
in strike operations against Qadhafi forces near Al Burayqah. The United Kingdom, France, and
operationalupdate.aspx.
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France, and Italy also have dispatched military advisers to eastern Libya outside of the NATO
operation.
Opposition forces affiliated with the TNC continue to request shipments of more sophisticated
sophisticated weaponry, and TNC officials claim that they have successfully purchased or
otherwise received
some arms from external sources.
NATO officials are confident that recent operations “have seriously degraded command and
control and logistics capabilities” to such an extent that, “the regime’s troops are having a harder
time fighting.”3 Since April 25, dozens of NATO air strikes have targeted intelligence, command
and control, and communications centers; military vehicles; ammunition depots; vehicle
maintenance facilities; and artillery pieces, rocket launchers, and anti-aircraft sites. Recent air
strikes have been directed at targets in and around Misurata, Tripoli, Sirte, Az Zintan, Mizdah,
Hun, and Al Burayqah.
NATO air strikes in Tripoli have targeted command facilities known to be frequented by
Muammar al Qadhafi, sparking claims that NATO is attempting to assassinate him. One such
strike on April 30 reportedly killed Qadhafi’s son Sayf al Arab, the latter’s wife, and three of
Qadhafi’s grandchildren. Qadhafi has only made limited media appearances since, and, in the
wake of the strike, mobs attacked embassies and offices belonging to the United States, the
United Kingdom, Italy, and the United Nations. NATO officials reiterated that NATO operations
do not target individuals. Libyan state media continue to refer to NATO operations as “the
colonialist crusader aggression” backed by the “agent shaykhs” of Qatar and the United Arab
Emirates (UAE). Qatar and UAE have contributed fighter planes and military transports to
coalition operations, in addition to offering material support to the TNC.
U.S. Military Operations and Costs
U.S. military forces continue to support all three elements of the NATO mission: maritime arms
embargo enforcement, no-fly zone patrol, and civilian protection. However, the bulk of U.S. air
operations have shifted from air strikes against Libyan ground targets toward refueling;
intelligence, surveillance, and reconnaissance (ISR); electronic warfare; and suppression of
enemy air defenses (SEAD) for NATO aircraft performing no-fly zone patrol missions. Manned
U.S. aircraft carry out these missions. The United States has made armed drone aircraft available
for NATO use, and U.S. drones carry out strike missions as part of the NATO civilian protection
operation. Manned U.S. aircraft also remain “on call” to potentially participate in civilian
protection strike missions. However, U.S. participation requires the prior approval of the
Secretary of Defense and, as of late June, no requests for U.S. participation in strike missions for
the civilian protection operation had been submitted or approved since the transfer of command to
NATO in early April. Through June 3, U.S. military operations had cost an estimated $713
million, of which over $398 million were costs for munitions. Of those munitions, many were
used by U.S. forces during the Operation Odyssey Dawn period to dismantle Libya’s air defense
network preceding the transfer of command to NATO for Operation Unified Protector. Through
September 30, 2011, the Administration predicts that U.S. military operations in support of NATO
in Libya, if sustained at the current tempo and balance, would cost an additional $365 million,
including an additional $50 million for munitions.
3
Remarks of U.K. Brigadier General Rob Weighill, Unified Protector Director of Operations, Naples, Italy, April
29, 2011.
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Congressional Action and Legislation
Some Members of Congress have sought a clearer definition of U.S. objectives, costs, and
operations, and on June 3, the House adopted H.Res. 292 (Roll no. 411), which directs the
Administration to provide documents on consultation with Congress and a report “describing in
detail United States security interests and objectives, and the activities of United States Armed
Forces, in Libya since March 19, 2011.” The Administration submitted the report on June 15,
2011.4 The House of Representatives has rejected a series of other resolutions seeking to
authorize or de-authorize continuing U.S. participation in Operation Unified Protector. For more
information on prior congressional action, see “Congressional Action, War Powers, and
Authorization Debates” below.
•
H.Con.Res. 51. Would have directed the President “to remove the United States
Armed Forces from Libya by not later than the date that is 15 days after the date
of the adoption of this concurrent resolution” pursuant to section 5(c) of the War
Powers Resolution (50 U.S.C. 1544(c)). Failed 148-265, June 3, 2011 (Roll no.
412).
•
H.J.Res. 68. Would have authorized the President, for one year from the date of
enactment, “to continue the limited use of the United States Armed Forces in
Libya, in support of United States national security policy interests, as part of the
NATO mission to enforce United Nations Security Council Resolution 1973
(2011) as requested by the Transitional National Council, the Gulf Cooperation
Council, and the Arab League.” Failed 123-295, June 24, 2011 (Roll no. 493).
•
H.R. 2278. Would have prohibited the obligation of expenditure of funds
available tot eh Department of Defense “in support of North Atlantic Treaty
Organization Operation Unified Protector with respect to Libya,” with the
exception of search and rescue; intelligence, surveillance, and reconnaissance;
aerial refueling; and operational planning. Failed 180-238, June 24, 2011 (Roll
no. 494).
Pending legislation in the Senate focuses on the authorization question, as well as the potential
use of Libyan government assets seized by the United States.
•
4
S.J.Res. 20. Would authorize the President, until NATO operations end or for one
year from the date of enactment, whichever comes worse, “to continue the
limited use of the United States Armed Forces in Libya, in support of United
States national security policy interests, as part of the NATO mission to enforce
United Nations Security Council Resolution 1973 (2011) as requested by the
Transitional National Council, the Gulf Cooperation Council, and the Arab
League.” The resolution would prohibit the use of appropriated funds for “ground
combat operations, or participating in stabilization or international peacekeeping
operations following the removal of Muammar Qaddafi from government and
during the transition to a new government in Libya” unless explicitly authorized.
The resolution, as reported by committee, defines U.S. military operations since
April 4, 2011, as “hostilities within the meaning of the War Powers Resolution,”
in contrast to the Administration’s position. The resolution was amended and
reported by the Senate Foreign Relations Committee on June 28, and motions to
Overview of United States Activities in Libya, June 15, 2011. Available from CRS.
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invoke cloture and proceed to consideration of were withdrawn on the Senate
floor on July 5.
•
S. 1180. Would authorize the President to confiscate and vest funds and property
of the government of Libya and to use such funds and proceeds from the sale of
such property for “costs related to providing humanitarian relief to and for the
benefit of the people of Libya, consistent with the purposes of United Nations
Security Council Resolutions 1970 (2011) and 1973 (2011)” or for the successor
government of Libya. Funds transferred may not be used “to purchase weapons
or military equipment of either a lethal or nonlethal nature.” See “Libyan Assets,
TNC Funding, and Oil Exports” below.
Assessment and Key Issues
The Obama Administration’s stated policy objectives in Libya are to protect civilians and to
secure a democratic political transition, including the departure of Muammar al Qadhafi from
power and the selection of a new government by the Libyan people. In pursuit of U.S. objectives,
the Administration is supporting military, financial, and diplomatic efforts to enforce United
Nations Security Council Resolutions 1970 and 1973, both of which stop short of calling for
Qadhafi’s removal. The Administration believes that sustained U.S. and international military and
financial pressure will resolve core differences between U.S. and U.N.-endorsed goals by
convincing remaining loyalists to withdraw their support for Qadhafi and opening the way for his
departure and a settlement of the conflict. However, all accounts suggest Qadhafi and his closest
supporters have no intention of leaving Libya, and some media reports and official statements
3
Remarks of U.K. Brigadier General Rob Weighill, Unified Protector Director of Operations, Naples, Italy, April
29, 2011.
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suggest that key regime supporters may remain vulnerable to intimidation by Qadhafi and may be
fearful about their uncertain prospects in a post-Qadhafi transition.
Any post-conflict Libyan political order will be complicated by the immediate consequences of
the current fighting, the legacies of decades of Qadhafi’s patronage- and fear-based rule, and the
chronic economic and political challenges that have fueled popular discontent in recent years.
President Obama’s address to the nation on March 28 signaled his Administration’s concern that the
the conflict in Libya could have direct security implications and intangible political implications for
for the broader Middle East as that region continues to grapple with widespread upheaval. The
prolonged nature of the conflict also is creating significant population displacement and risks to
food, fuel, and water supplies (see below).
The apparent proliferation of small arms, man-portable air defense missile systems (MANPADS), and
and some heavy weaponry among fighters on both sides has led some outside counterterrorism and
and arms trafficking experts to express concern about the conflict’s longer term implications for
regional security.45 Unexploded ordnance and looted weaponry will remain a challenge inside
Libya. On May 9, the Administration notified Congress that it had waived normal notification
congressional requirements to immediately obligate $1.5 million in Nonproliferation,
5
For example, these concerns were raised in C. J. Chivers, “Experts Fear Looted Libyan Arms May Find Way to
Terrorists,” New York Times, March 3, 2011. African Union communiqués have expressed concern about regional
stability, and some Sahel region governments have specifically warned about Al Qaeda supporters seizing control of
specific types of weapons and exploiting the weakness of government forces in Libya to expand their areas of operation
and sanctuary. Algerian authorities have reportedly expanded the presence of security forces along their southeastern
border with Libya and they have taken direct action to eliminate weapons smugglers in Tamanrasset and Ilizzi
governorates.
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Antiterrorism, Demining and Related Programs (NADR) account funding for “urgently needed
assistance to collect, destroy, and re-establish control of Libyan munitions and small arms and
light weapons” in response to “a substantial risk to human health or welfare.”56 The funding was
provided to non-governmental organizations specializing in international demining and ordnance
disposal. The prolonged nature of the conflict also is creating significant population displacement
and risks to food, fuel, and water supplies (see below). Taken together, these factors suggest that
securing U.S. interests in Libya will require sustained attention and resources beyond the scope of
the current fighting.
In the immediate term, the fast-moving developments and the relatively limited presence of
international media outside of eastern Libya have combined to impose a degree of uncertain
drama on the unfolding conflict. WeeksMonths of fighting and political maneuvering have shed some
light on the strengths, weaknesses, and positions of both sides. The extended duration of the
confrontation is placing strains on both sides’ limited financial resources and political capital, and
calls for a negotiated solution have intensified from some outside parties.
Reports from western Libya suggest that the combined pressures of targeted financial sanctions,
the arms embargo, oil sector disruptions, and the conflict’s deterrent effects on normal trade are
taking a toll on Qadhafi’s government and its relations with citizens. Key Libyan oil customers
4
For example, these concerns were raised in C. J. Chivers, “Experts Fear Looted Libyan Arms May Find Way to
Terrorists,” New York Times, March 3, 2011. African Union communiqués have expressed concern about regional
stability, and some Sahel region governments have specifically warned about Al Qaeda supporters seizing control of
specific types of weapons and exploiting the weakness of government forces in Libya to expand their areas of operation
and sanctuary. Algerian authorities have reportedly expanded the presence of security forces along their southeastern
border with Libya and they have taken direct action to eliminate weapons smugglers in Tamanrasset and Ilizzi
governorates in recent weeks.
5
The notification requirements were waived pursuant to Section 634a of the Foreign Assistance Act of 1961 and
Sections 7015(f) and 7015 (e) of the Department of State, Foreign Operations, and Related Programs Appropriations
Act (SFOAA), 2010 (Div. F, P.L. 111-117), as carried forward by the Full-Year Continuing Appropriations Act, 2011
(Div. B, P.L. 112-10). The notification states, “The fighting in Libya and NATO air strikes have left many ammunition
storage areas totally unsecured and open to looting.… There is little or no perimeter security at the storage sites, and
munitions and small arms and light weapons, including thousands of MANPADS, have been looted for weeks. It is
critically important not only to the Libyan population, but to counter the threat of proliferation into neighboring regions
that work begin immediately to collect, control, and destroy conventional weapons and munitions, and reestablish
security at these storage sites. Terrorist groups are exploiting this opportunity and the situation grows more dangerous
with each passing day, a situation that directly impacts U.S. national security.”
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France and Italy have announced they will forgo future oil shipments from Qadhafi-controlled
areas. Long gas and food lines now accompany a general disruption of commercial activity and
communications that is being met with increasing popular criticism of all sides. A recent
government-organized gathering of hundreds of select tribal figures yielded an endorsement of
Qadhafi’s terms for a ceasefire, but was met with skepticism and criticism by some external
observers and the TNC, who have touted their own tribal endorsements. Defections continue to
reduce the ranks of Qadhafi’s trusted military and civilian supporters.
Reports from eastern Libya suggest that limited financial resources and latent political rivalries
are creating parallel challenges for the TNC as it seeks to solidify its base of support among the
disparate groups that have risen against Qadhafi. Paying salaries, purchasing imports, and
meeting administrative and military needs reportedly have depleted the limited financial
resources available to the TNC. CRS cannot independently verify the state of the opposition’s
finances, but one opposition source indicated that costs may reach $100 million per day. 6 Some
reports from visiting nongovernmental experts and State Department officials suggest that while a
lively political atmosphere is emerging in opposition-controlled eastern Libya, political support
for the TNC among the broader population may be contingent on the council’s ability to provide
basic services and financial support via salaries and subsidies. 7 Organized groups or ad hoc
citizen coalitions may choose to challenge the TNC if public hardships increase or if TNC
decisions prove controversial.
Cease-fire Proposals and U.S. PolicyFrance and Italy have announced they will forgo future oil shipments from Qadhafi-controlled
areas. Long gas and food lines now accompany a general disruption of commercial activity and
communications that is being met with increasing popular criticism of all sides. Defections
continue to reduce the ranks of Qadhafi’s trusted military and civilian supporters.
Reports from eastern Libya suggest that limited financial resources and latent political rivalries
are creating parallel challenges for the TNC as it seeks to solidify its base of support among the
disparate groups that have risen against Qadhafi. Paying salaries, purchasing imports, and
meeting administrative and military needs reportedly have depleted the limited financial
resources available to the TNC. CRS cannot independently verify the state of the opposition’s
finances, but one opposition source indicated that costs may reach $100 million per day, with
gasoline imports constituting a particularly critical need.7 Some reports from visiting
nongovernmental experts and State Department officials suggest that while a lively political
atmosphere is emerging in opposition-controlled eastern Libya, political support for the TNC
among the broader population may be contingent on the council’s ability to provide basic services
and financial support via salaries and subsidies.8 Organized groups or ad hoc citizen coalitions
may choose to challenge the TNC if public hardships increase or if TNC decisions prove
controversial.
Taken together, these factors suggest that securing U.S. interests in Libya will require sustained
attention and resources beyond the scope of the current fighting. The Administration has not
6
The notification requirements were waived pursuant to Section 634a of the Foreign Assistance Act of 1961 and
Sections 7015(f) and 7015 (e) of the Department of State, Foreign Operations, and Related Programs Appropriations
Act (SFOAA), 2010 (Div. F, P.L. 111-117), as carried forward by the Full-Year Continuing Appropriations Act, 2011
(Div. B, P.L. 112-10). The notification states, “The fighting in Libya and NATO air strikes have left many ammunition
storage areas totally unsecured and open to looting.… There is little or no perimeter security at the storage sites, and
munitions and small arms and light weapons, including thousands of MANPADS, have been looted for weeks. It is
critically important not only to the Libyan population, but to counter the threat of proliferation into neighboring regions
that work begin immediately to collect, control, and destroy conventional weapons and munitions, and reestablish
security at these storage sites. Terrorist groups are exploiting this opportunity and the situation grows more dangerous
with each passing day, a situation that directly impacts U.S. national security.”
7
Richard Spencer and Ruth Sherlock, “Libya’s Rebels To Run Out of Money ‘in Three Weeks,” Telegraph (UK), May
3, 2011.
8
CRS review of unpublished NGO and unclassified State Department reporting, May 2011.
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publicly disclosed any plans for U.S. participation in post-conflict security, stability, or
reconstruction operations in Libya or planned requests for funding to support such efforts by
third-parties, such as NATO, the European Union, the United Nations, or the African Union.
Cease-fire Proposals
U.N. Security Council Resolution 1973 demands the immediate establishment of a cease-fire and
a complete end to violence and all attacks against civilians. Qadhafi’s government and the
opposition TNC have endorsed the concept of a cease-fire and negotiated settlement, although
each side has identified apparently non-negotiable and, to date, irreconcilable preconditions.
Qadhafi and his supporters have demanded a halt to NATO air strikes prior to the establishment
of an internationally monitored cease-fire. Qadhafi continues to insist that he holds no formal
leadership position, while resisting any demand that he, his family, or their supporters relinquish
their obvious grip on state power or leave the country. Official representatives of the TNC are
demanding the departure of Qadhafi and his inner circle be ensured before any cease-fire or
transitional arrangement is agreed. 89 In early April and again in late May, the TNC rejected an
African Union (AU) cease-fire proposal on these grounds. The AU remains committed to
achieving a negotiated solution to the conflict, and expressed this at the UN Security Council on
June 15 and at a meeting in South Africa on June 26.
While a cease-fire and civilian protection are the twin political goals of Resolution 1973, the
United States, many of its allies, and the Libyan opposition are committed to the goal of regime
6
Richard Spencer and Ruth Sherlock, “Libya’s Rebels To Run Out of Money ‘in Three Weeks,” Telegraph (UK), May
3, 2011.
7
CRS review of unpublished NGO and unclassified State Department reporting, May 2011.
8
TNC Chairman Mustafa Abdeljalil stated in an April interview with London-based newspaper Al Hayat, “We are
prepared to negotiate over any peaceful solution that starts and ends with the departure of Al Qadhafi, and we are
prepared to negotiate with any Libyan who has not participated in or caused the killing of Libyans.” On April 29, TNC
foreign affairs representative Ali al Issawi told London-based Al Sharq Al Awsat that, “any political process that does
not include the departure of Al Qadhafi and his sons is unacceptable.” OSC Report GMP20110422825001, “Libya:
Transitional National Council Chairman on NATO, France, Peaceful Solution,” April 22, 2011; and, OSC Report
GMP20110429825003, “Libya: Transitional National Council’s Ali Al Isawi on Political Solutions, NATO,” April
29, 2011.
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change—although the United States and some others have for now forsworn the use of force to
achieve that outcome. U.S. military operations as a part of NATO’s Operation Unified Protector
are limited by U.N. mandate to the protection of civilians, even as their intensification makes it
more likely that Qadhafi will lose his grip on power. Reconciling these goals remains the
principal strategic challenge for the United States and its coalition partners. The United States and
some of its NATO and coalition partners support the TNC’s call for Qadhafi’s departure from
power, although the Obama Administration’s views about specific cease-fire and transition
proposals have not been made public. 910 United Nations Secretary General Ban Ki-moon and his
special envoy, Jordanian former foreign minister Abdel Ilah Khatib, continue to pursue a ceasefire agreement, and have suggested that any such arrangement should be monitored and guarantee
the withdrawal of all armed forces from populated areas, free access for humanitarian assistance,
and free passage for third-country nationals seeking to leave Libya. The Secretary General has
named U.K.-born Ian Martin his Special Adviser for post-conflict and transition issues in Libya.
9
TNC Chairman Mustafa Abdeljalil stated in an April interview with London-based newspaper Al Hayat, “We are
prepared to negotiate over any peaceful solution that starts and ends with the departure of Al Qadhafi, and we are
prepared to negotiate with any Libyan who has not participated in or caused the killing of Libyans.” On April 29, TNC
foreign affairs representative Ali al Issawi told London-based Al Sharq Al Awsat that, “any political process that does
not include the departure of Al Qadhafi and his sons is unacceptable.” OSC Report GMP20110422825001, “Libya:
Transitional National Council Chairman on NATO, France, Peaceful Solution,” April 22, 2011; and, OSC Report
GMP20110429825003, “Libya: Transitional National Council’s Ali Al Isawi on Political Solutions, NATO,” April
29, 2011.
10
On April 27, U.S. Ambassador to Libya Gene Cretz said, “I don't believe that any credible group or individual sees a
solution to the Libyan problem without the removal of Muammar Qadhafi, one way or the other.”
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Arms and Military Support
The United States and its allies have debated means for improving the military capabilities and
effectiveness of opposition forces while expressing some concern about the identity and
intentions of opposition fighters and the proliferation of small arms and heavy weaponry inside
Libya since the conflict erupted. U.S. civilian defense officials and military officers have
repeatedly expressed the view that pro-Qadhafi forces tactically and materially outmatch the
opposition by a considerable degree, in spite of ongoing airstrikes.
Press accounts of fighting indicate that the Libyan military has deployed its equipment, including
tanks, artillery, fighter aircraft, anti-aircraft weapons, mortars, snipers, and helicopters, in attacks
on opposition forces and opposition-held cities. Opposition forces continue to deploy military
equipment seized during the initial uprising and as a result of subsequent fighting, including small
arms, rocket propelled grenades, multiple rocket launchers, and anti-aircraft weaponry. Shifts in
tactics by pro- and anti-Qadhafi forces have complicated coalition air strike operations. Libyan
military forces reportedly have made efforts to disguise their movements and position themselves
near civilians to complicate targeting. Opposition forces have faced accidental strikes from NATO
aircraft after failing to properly identify themselves and after shifting to the use of armored
vehicles without communicating with the coalition.
U.S. officials have argued that the rebels’ most pressing needs are command and control,
communications, training, organization, and logistics support. However, the Administration
notified Congress of plan to offer up to $25 million in nonlethal material support to groups in
Libya, including the TNC. 1011 Deliveries have begun. The United Kingdom, Italy, and France have
military advisers in Benghazi that are working to improve opposition command and control
arrangements and communications outside of their government’s support for NATO operations.
Some third parties in Europe and among the Arab worldstates may be considering new steps to arm or
9
On April 27, U.S. Ambassador to Libya Gene Cretz said, “I don't believe that any credible group or individual sees a
solution to the Libyan problem without the removal of Muammar Qadhafi, one way or the other.”
10
otherwise equip opposition forces; this is contemplated but not unconditionally authorized by
Security Council Resolutions 1970 and 1973.
Libyan Assets, TNC Funding, and Oil Exports
The United States and others have frozen tens of billions of dollars in Libyan state assets and the
Obama Administration has placed targeted sanctions on Libyan oil companies in support of
Executive Order 13566 and the recent U.N. Security Council resolutions on Libya. The
intergovernmental Libya Contact Group has met three times to discuss the conflict and debate
what form international support for the Libyan opposition should take. The Group has announced
the establishment of a “temporary financial mechanism” to support the TNC,12 to which Qatar has
pledged $100-500 million and Kuwait pledged $180 million.
11
Items have been drawn from Defense Department stocks and may include medical first aid kits, stretchers, bandages
& dressing, surgical tape, blankets, meals ready to eat, tents, sleeping bags, canteens, uniforms, boots, tactical loadbearing vests, bullet-proof vests, military helmets, maps, binoculars, infrared markers, panel marker, infrared (glint)
tape, HESCOS (or sandbags), hand shovels, and 9 volt batteries. CRS communication with State Department, April 29,
2011.
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Libya: Unrest and U.S. Policy
otherwise equip opposition forces; this is contemplated but not unconditionally authorized by
Security Council Resolutions 1970 and 1973.
Libyan Assets, TNC Funding, and Oil Exports
The United States and others have frozen tens of billions of dollars in Libyan state assets and the
Obama Administration has placed targeted sanctions on Libyan oil companies in support of
Executive Order 13566 and the recent U.N. Security Council resolutions on Libya. The
intergovernmental Libya Contact Group met in Doha, Qatar on April 13 and in Rome, Italy on
May 5 to discuss the conflict and debate what form international support for the Libyan
opposition should take. The Group has announced the establishment of a “temporary financial
mechanism” to support the TNC,11 to which Qatar has pledged $400-500 million and Kuwait
pledged $180 million.
The TNC is seeking to create an arrangement that will give it unspecified access to seized funds
or create a mechanism to provide humanitarian supplies in exchange for oil exports whose
proceeds would be placed in escrow. The TNC has negotiated a limited oil export agreement with
Qatar, whereby supplies have been delivered to eastern Libya, and Qatar’s International
Petroleum Marketing Company Ltd. (Tasweeq) has arranged for some shipments of petroleum
products and crude oil from opposition-held ports in Benghazi and Tobruk.
12
Over 20 Contact Group members attended the meeting in Rome including and officials from the Arab League, the
African Union, the World Bank, NATO, the Gulf Cooperation Council (GCC), the Organization of the Islamic
Conference (OIC), the United Arab Emirates (UAE), Australia, Bahrain, Denmark, France, Germany, Greece, Jordan,
Morocco, Netherland, Poland, Romania, Malta, Canada, Tunisia, Spain, Turkey, the United Kingdom, the United
States, Sudan and the Holy See. Portugal observed the meeting.
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The TNC is seeking to create an arrangement that will give it unspecified access to seized funds
or create a mechanism to provide humanitarian supplies in exchange for oil exports whose
proceeds would be placed in escrow. The TNC has negotiated a limited oil export agreement with
Qatar, whereby supplies have been delivered to eastern Libya, and Qatar’s International
Petroleum Marketing Company Ltd. (Tasweeq) has arranged for some shipments of petroleum
products and crude oil from opposition-held ports in Benghazi and Tobruk. The Treasury
Department has issued a Statement of Licensing Policy allowing U.S. persons to request from the
Office of Foreign Assets Control (OFAC) “specific authorization to trade in hydrocarbon fuel
(i.e., oil, gas, and petroleum products) ...to the extent that such hydrocarbon fuel is exported
under the auspices of the Transitional National Council of Libya.”13 The license further allows
U.S. persons to request permission “to engage in transactions related to the production of oil, gas,
and petroleum products in areas controlled by the Transitional National Council of Libya.”
Since early March, some TNC representatives have met with U.S. State and Treasury Department
officials to discuss the future disposition of Libyan state assets. The Administration has requested
authority from Congress to use seized Libyan government assets “for costs related to providing
humanitarian relief to and for the benefit of the Libyan people, consistent with the purposes of
United Nations Security Council Resolutions 1970 (2011) and 1973 (2011) as determined in the
sole discretion of the President or his designee.”1214 Existing authorities under the International
Emergency Economic Powers Act (IEEPA, 50 U.S.C. 1701 et seq.) allow the President to vest
and administer seized assets in cases where the United States is engaged in “armed hostilities” or
has been attacked. To date, the Administration has not described U.S. military operations in Libya
in those terms and is seeking Libya-specific authority. The Libyan government has characterized
proposals to use seized assets as “piracy,” and the initiative may prove controversial with other
international partners concerned about the precedent such a step might set.
Humanitarian Conditions and Relief
The U.S. government and its allies are working to respond to the repatriation and humanitarian
needs of thousands who have fled Libya and remain in temporary Tunisian and Egyptian border
transit camps. According to the International Organization for Migration (IOM), as of May 31June 14,
over 910,0001,035,650 people have fled the country since the fighting began, and roughly 2,300 migrants
11
Over 20 Contact Group members attended the meeting in Rome including and officials from the Arab League, the
African Union, the World Bank, NATO, the Gulf Cooperation Council (GCC), the Organization of the Islamic
Conference (OIC), the United Arab Emirates (UAE), Australia, Bahrain, Denmark, France, Germany, Greece, Jordan,
Morocco, Netherland, Poland, Romania, Malta, Canada, Tunisia, Spain, Turkey, the United Kingdom, the United
States, Sudan and the Holy See. Portugal observed the meeting.
12
House and Senate committee briefings on Administration-proposed legislation granting such authority (the “Libya
Humanitarian Relief and Vesting Act”) were held on May 11, 2011.
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had fled the country since the fighting began, and as of June 24, roughly
2,000 migrants required evacuation assistance. 1315 Humanitarian needs inside Libya are not fully
known, but recent
assessment visits indicate that the conflict is disrupting the supply of food,
medicine, fuel, and
other commodities on a nationwide basis. According to the U.N. Under-SecretaryUnderSecretary-General and
Emergency Relief Coordinator Valerie Amos, “The manner in which the
sanctions are
implemented and monitored is causing serious delays in the arrival of commercial
goods.”1416 Food
and medical relief has beguncontinues to reach the besieged city of Misurata, where
opposition forces have
held out against government forces and the population and displaced third-countrythirdcountry nationals face
difficult humanitarian conditions. The International Committee of the Red Cross, the World Food
Program, the IOM, and Turkey have completed significant humanitarian deliveries and
evacuation operations in Misurata, in spite of attempts by pro-Qadhafi forces to blockade and
13
Office of Foreign Assets Control, Statement of Licensing Policy on the Trade in Oil, Gas, and Petroleum Products
Exported Under the Auspices of the Transitional National Council of Libya,” (Updated April 26, 2011), available at
http://www.treasury.gov/resource-center/sanctions/Programs/Documents/libya_oil_gas.pdf.
14
House and Senate committee briefings on Administration-proposed legislation granting such authority (the “Libya
Humanitarian Relief and Vesting Act”) were held on May 11, 2011.
15
IOM, Overall cross-border movements on 14 June, June 14, 2011; and, Response to the Libyan Crisis, External
Situation Report, June 24, 2011.
16
U.N. Document S/PV.6530, Provisional Record of the 6530th meeting of the Security Council, May 9, 2011.
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Cross, the World Food Program, the IOM, and Turkey have completed significant humanitarian
deliveries and evacuation operations in Misurata, in spite of attempts by pro-Qadhafi forces to
blockade and mine the harbor.
According to Under-Secretary-General Amos and the International Organization for Migration
(IOM), recent fighting in western Libya has displaced over 50,000 Libyan civilians who have fled
into into
Tunisia. Italy and the European Union have expressed concern about the movements of
migrants migrants
from Libya by sea, based on eyewitness accounts of Libyan government officials
forcing forcing
migrants onto ships in unsafe conditions. Vessels carrying dozens and perhaps hundreds
of of
migrants that have been lost at sea. According to the U.N. High Commissioner for Refugees,
there has been a “dramatic increase” in the number of migrant ships departing Libya for Europe,
many of which are lethally “unseaworthy” and “overcrowded.”
International Criminal Court and United Nations Human Rights
Council Investigations
On May 4, International Criminal Court Prosecutor Luis Moreno-Ocampo reported to the
June 27, 2011, Pre-Trial Chamber I of the International Criminal Court (ICC) issued arrest
warrants for three individuals, Muammar al Qadhafi, his son Sayf al Islam al Qadhafi, and
intelligence chief Abdullah al Senussi for “crimes against humanity committed against civilians”
not including “war crimes committed during the armed conflict that started at the end of
February.”17 ICC Prosecutor Luis Moreno-Ocampo requested the warrants on May 16. On May 4,
Moreno-Ocampo reported to the Security Council pursuant to the referral of the situation in Libya
to the ICC by Resolution
1970.15 According to Moreno-Ocampo, 1970,18 and stated that the preliminary investigation conducted by the ICC
prosecutors
ICC prosecutor’s office “establishes reasonable grounds to believe that widespread and systematic
systematic attacks against the civilian population, including murder and persecution as crimes against
against humanity, have been and continue to be committed in Libya,” in addition to “war crimes” during
the ongoing armed conflict. On May 16, he requested that the ICC Pre-Trial Chamber issue arrest
warrants for three individuals, Muammar al Qadhafi, his son Sayf al Islam al Qadhafi, and
intelligence chief Abdullah al Senussi for “crimes against humanity committed against civilians”
not including “war crimes committed during the armed conflict that started at the end of
February.”16
during the ongoing armed conflict. Some observers have argued that the prospect of an ICC trial
makes it less likely that
Qadhafi will agree to relinquish power. 1719
The U.N. Human Rights Council Commission of Inquiry also has completed a series of
interviews and site visits in western and eastern Libya and issued a report on its findings on June
1, 2011.1820 The report characterizes the conflict as “a civil war” and concludes that “international
13
IOM, Response to the Libyan Crisis, External Situation Report, May 31, 2011.
U.N. Document S/PV.6530, Provisional Record of the 6530th meeting of the Security Council, May 9, 2011.
15
U.N. Document S/PV.6528, Provisional Record of the 6528th meeting of the Security Council, May 4, 2011.
16
crimes, and specifically crimes against humanity and war crimes, have been committed in the
Libyan Arab Jamahiriya.” With regard to government forces,
The commission has found that there have been acts constituting murder, imprisonment,
other forms of severe deprivation of physical liberty in violation of fundamental rules of
international law, torture, persecution, enforced disappearance and sexual abuse that were
committed by Government forces as part of a widespread or systematic attack against a
civilian population with knowledge of the attack. …The consistent pattern of violations
17
ICC Prosecutor’s Office, Public Redacted Version of Prosecutor’s Application Pursuant to Article 58 as to Muammar
Mohammed Abu Minyar Gaddafi, Saif Al-Islam Gaddafi, and Abdullah Al Senussi,” May 16, 2011.
1718
U.N. Document S/PV.6528, Provisional Record of the 6528th meeting of the Security Council, May 4, 2011.
19
For example, see International Crisis Group, “Popular Protest in North Africa and the Middle East (V): Making
Sense of Libya,” Middle East/North Africa Report No. 107, June 6, 2011.
1820
The commission members are Cherif Bassiouni of Egypt, Asma Khader of Jordan, and Philippe Kirsch of Canada.
(continued...)
14
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crimes, and specifically crimes against humanity and war crimes, have been committed in the
Libyan Arab Jamahiriya.” With regard to government forces,
The commission has found that there have been acts constituting murder, imprisonment,
other forms of severe deprivation of physical liberty in violation of fundamental rules of
international law, torture, persecution, enforced disappearance and sexual abuse that were
committed by Government forces as part of a widespread or systematic attack against a
civilian population with knowledge of the attack. …The consistent pattern of violations
See U.N. Document A/HRC/17/44, “Report of the International Commission of Inquiry to investigate all alleged
violations of international human rights law in the Libyan Arab Jamahiriya,” June 1, 2011.
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identified creates an inference that they were carried out as a result of policy decisions by
Colonel Qadhafi and members of his inner circle. Further investigation is required in relation
to making definitive findings with regard to the identity of those responsible for the crimes
committed.
With regard to opposition forces, the commission “established that some acts of torture and cruel
treatment and some outrages upon personal dignity in particular humiliating and degrading
treatment have been committed by opposition armed forces, in particular against persons in
detention, migrant workers and those believed to be mercenaries.” These acts constitute war
crimes. The commission “is not of the view that the violations committed by the opposition
armed forces were part of any ‘widespread or systematic attack’ against a civilian population such
as to amount to crimes against humanity.” The commission considers its findings in light of the
future transitional justice needs of the Libyan people and recommends that the Human Rights
Council establish a mechanism to continue the monitoring and investigation of human rights
abuses in Libya for a period of one year.
U.S. and International Responses
The United States, the European Union, Russia, the Arab League, and the African Union have
joined other international actors in condemning the Libyan’s government’s violent response to the
uprising. Qadhafi and his supporters maintain that they have not purposefully targeted civilians
and that the international response is an overreaction based on misinformation or a conspiracy.
Some parties, including the United States and the European Union, have called for Qadhafi to
step down. He maintains that he has no formal political authority to relinquish, and his supporters
claim they are acting legitimately to put down an internal rebellion.
The United States, the European Union, Russia, Japan, South Korea, and other countries have
enacted targeted sanctions on Qadhafi and his key supporters, and they have limited financial
transactions with Libya and arms shipments to the country. On February 26, 2011, the United
Nations Security Council unanimously adopted Resolution 1970, placing targeted financial and
travel sanctions on Qadhafi and certain individuals and imposing an arms embargo on Libya. The
Resolution did not authorize the use of force by third-parties. Debate over further action
culminated in the adoption of Resolution 1973 on March 17, which calls for an immediate ceasefire and dialogue, declares a no-fly zone in Libyan airspace, authorizes robust enforcement
measures for the arms embargo established by Resolution 1970, and authorizes member states “to
take all necessary measures … to protect civilians and civilian populated areas under threat of
attack in the Libyan Arab Jamahiriya, including Benghazi, while excluding a foreign occupation
(...continued)
See U.N. Document A/HRC/17/44, “Report of the International Commission of Inquiry to investigate all alleged
violations of international human rights law in the Libyan Arab Jamahiriya,” June 1, 2011.
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force of any form on any part of Libyan territory.” The passage of the resolution reflected
sufficient, if not universal, international recognition of a need for intervention. Nevertheless,
differences of opinion persist among key outside parties over the legitimacy and utility of specific
policy options, including military operations to protect Libyan civilians (see “No-Fly Zone, Arms
Embargo, and Civilian Protection Operation” below).
The United States began military operations against Libyan military targets on March 19. As of
June 628, a coalition consisting of some members of the North Atlantic Treaty Organization
(NATO) plus partner countries such as Sweden, the United Arab Emirates, Jordan, Morocco, and
Qatar was supporting military operations to protect civilians, enforce the arms embargo, and/or
enforce the no-fly zone in support of Resolution 1973. NATO commands all three components of
the coalition operations under the guise of Operation Unified Protector, which NATO has
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authorized to continue for a further 90 days from June 27, subject to national decisions (see “The
North Atlantic
Treaty Organization (NATO)” below).
Current U.S. Policy
Beginning in early March, U.S. military forces were deployed in the Mediterranean region to
participate in humanitarian relief operations and serve in a reserve capacity pending decisions
about military intervention. Coalition military operations to enforce U.N. Security Council
Resolution 1973 began on March 19 and continued under the auspices of the U.S.-led Operation
Odyssey Dawn through the assumption of command by NATO on March 31. U.S. military forces
remain engaged, but are now undertaking fewer missions under the auspices of NATO-led
Operation Unified Protector than they initially did under the auspices of U.S. Operation Odyssey
Dawn. Since March 19, U.S. forces and their coalition partners have succeeded in dismantling
Libya’s air defenses and striking pro-Qadhafi units that continue to target opposition held areas
and threaten Libyan civilians.
On May 20, President Obama wrote to Congress and stated that “U.S. involvement has assumed a
supporting role in the coalition’s efforts,” and expressed his view that “U.S. support for the
NATO-based coalition remains crucial to assuring the success of international efforts to protect
civilians.”1921 According to the President, U.S. operations now consist of “non-kinetic support to
the NATO-led operation, including intelligence, logistical support, and search and rescue
assistance,” “the suppression and destruction of air defenses in support of the no-fly zone,” and
“precision strikes by unmanned aerial vehicles against a limited set of clearly defined targets in
support of the NATO-led coalition’s efforts.” The President expressed support for a proposed
Senate resolution (S.Res. 194) that “would confirm that the Congress supports the U.S. mission in
Libya,” calling such congressional support “important in the context of our constitutional
framework.”
A series of proposed Senate and House resolutions and amendments would assert
that have sought to assert that
Congress has not authorized the continuation of U.S. military operations in Libya and seek to
require to require
the President to seek explicit congressional authorization or otherwise place limits or
conditions conditions
on further military operations (see below).
19
President Barack Obama, Letter to Speaker of the House John Boehner, May 20, 2011.
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Administration Views and Action Prior to the Use of Force
The immediate U.S. response to the outbreak of unrest in Libya in February reflected standing
U.S. calls for regional parties to avoid violent confrontation and prioritized efforts to evacuate
U.S. citizens and ensure the security of U.S. diplomatic facilities and personnel in Libya.2022 Air
and sealift arrangements eventually secured the departure of hundreds of U.S. citizens, and the
State Department withdrew all U.S. government personnel and suspended activity at its
temporary embassy facilities for the duration of the crisis. A series of strong statements,
diplomatic consultations, and targeted actions followed in the wake of the initial response:
21
President Barack Obama, Letter to Speaker of the House John Boehner, May 20, 2011.
Libyan demonstrators attacked and burned the former U.S. Embassy in December 1979, without apparent Libyan
government intervention.
22
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Libya: Unrest and U.S. Policy
•
On February 23, President Barack Obama called the bloodshed in Libya
“outrageous” and “unacceptable” and said that his Administration was looking at
the “full range of options we have to respond to this crisis.”2123
•
On February 25, President Obama formally reversed the policy of rapprochement
that he and President George W. Bush had pursued with Libya since late 2003.
Executive Order 13566, released that day, declares a new national emergency
stemming from the threat posed by the situation in Libya, imposes new targeted
financial sanctions on Qadhafi and other Libyan officials, blocks certain Libyan
funds under U.S. jurisdiction, and restricts U.S. persons’ financial transactions
with certain Libyan individuals and entities. 2224 The Administration has since
expanded the
list of designated entities and individuals on March 15.23. 25
•
On March 3, President Obama summarized his views at a joint press appearance
with Mexican President Felipe Calderón, stating
The violence must stop. Muammar Gaddafi has lost the legitimacy to lead and he must leave.
Those around him have to understand that violence that they perpetrate against innocent
civilians will be monitored and they will be held accountable for it.… And so to the extent
that they are making calculations in their own minds about which way history is moving,
they should know history is moving against Colonel Gaddafi.2426
•
On March 7, President Obama reiterated his “very clear message to those who
are around Colonel Qaddafi. It is their choice as to how to operate moving
forward. They will be held accountable for whatever violence will continue to
take place there.”2527 He added that the United States “will stand with [the Libyan
people] in the face of unwarranted violence and the continued suppression of
20
Libyan demonstrators attacked and burned the former U.S. Embassy in December 1979, without apparent Libyan
government intervention.
21
democratic ideals that we’ve seen there.” The President did not specifically
describe what support the United States planned to provide inside Libya.
•
On March 14, Secretary of State Hillary Rodham Clinton met privately with
opposition Interim Transitional National Council (TNC) foreign affairs
representative Mahmoud Jibril in Paris. The United States has not formally
recognized the TNC or publicly signaled its intent to provide material support to
the group, although the Administration has allowed the Council to establish a
representative office in Washington, DC. (See “Interim Transitional National
Council (TNC),” below.)
23
Full text of President Obama’s remarks at http://www.whitehouse.gov/blog/2011/02/23/president-obama-speaksturmoil-libya-violence-must-stop.
2224
Executive Order 13566 of February 25, 2011, Blocking Property and Prohibiting Certain Transactions Related to
Libya, Federal Register, Presidential Documents, March 2, 2011 (Volume 76, Number 41, pp. 11315-8. Full text
available at http://www.whitehouse.gov/the-press-office/2011/02/25/executive-order-libya.
2325
U.S. Department of the Treasury, “Press Release: Moving to Further Isolate Qadhafi Regime, Treasury Designates
Libyan Foreign Minister and Identifies 16 State-Owned Companies,” March 15, 2011.
2426
Video available at http://www.whitehouse.gov/photos-and-video/video/2011/03/03/president-obama-s-pressavailability-president-calder-n-statement25statement27
Steve Hendrix, Leila Fadel and Debbi Wilgoren, “Gaddafi forces attack rebels anew, even as regime appears to seek
talks,” Washington Post, March 7, 2011.
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democratic ideals that we’ve seen there.” The President did not specifically
describe what support the United States planned to provide inside Libya.
•
On March 14, Secretary of State Hillary Rodham Clinton met privately with
opposition Interim Transitional National Council (TNC) foreign affairs
representative Mahmoud Jibril in Paris. The United States has not formally
recognized the TNC or publicly signaled its intent to provide material support to
the group, although the Administration has allowed the Council to establish a
representative office in Washington, DC. (See “Interim Transitional National
Council (TNC),” below.)
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Libya: Unrest and U.S. Policy
•
On March 14, President Obama reiterated his call for Qadhafi to step down, but
did not elaborate on the specific steps his Administration was prepared to take
beyond those already announced to support that outcome.
The advance of Muammar al Qadhafi’s military forces toward the opposition-held cities of
eastern Libya raised the prospect that Libyan civilians could be targeted and a humanitarian crisis
could ensue. During the week of March 17, Qadhafi and his supporters offered clear terms to
opposition fighters and the people of Benghazi in a series of nationally broadcast statements via
state television and radio. These statements characterized the military advance as a “humanitarian
operation” and called on citizens disarm in exchange for “general amnesty” and “protection” or to
choose exile. 2628 Statements said “We will not show mercy to any traitor,” and those refusing
Qadhafi’s terms were told that they were “rats,” “apostates,” and “traitors” and would face a
“purge” that would proceed “room by room” and “individual by individual.”2729 On March 17,
Qadhafi promised “relief and bounties” to the “beloved” people of Benghazi and pledged to,
“wipe out this filth.”2830 The Obama Administration engaged in an intense flurry of diplomatic
consultation that contributed to the passage of U.N. Security Council Resolution 1973 on March
17.
On March 18, President Obama made a statement on U.S. policy in light of the new U.N.
resolution. 2931 The President stated that “a cease-fire must be implemented immediately,” and “all
attacks against civilians must stop.” He specified that “Qaddafi must stop his troops from
advancing on Benghazi, pull them back from Ajdabiya, Misurata, and Zawiya, and establish
water, electricity and gas supplies to all areas. Humanitarian assistance must be allowed to reach
the people of Libya.” President Obama underscored that the terms were “not negotiable” and
warned Qadhafi that if he did not “comply with the resolution, the international community will
impose consequences, and the resolution will be enforced through military action.” He identified
the “focus” of U.S. policy as “protecting innocent civilians within Libya, and holding the Qaddafi
regime accountable.” Lastly, President Obama stated that “the United States is not going to
deploy ground troops into Libya. And we are not going to use force to go beyond a well-defined
goal—specifically, the protection of civilians in Libya.”
26
No-Fly Zone, Arms Embargo, and Civilian Protection Operations32
On March 21, President Obama wrote to congressional leaders announcing that U.S. military
forces had commenced operations in Libya on March 19 “to prevent a humanitarian catastrophe
and address the threat posed to international peace and security by the crisis in Libya” and “for
28
OSC Report GMP20110316950007, “Libyan Army Announces Advance on Benghazi,” March 16, 2011; and, OSC
Report GMP20110317676005, “Al-Qadhafi Asks Benghazi People To Abandon ‘Traitors;’ Vows to ‘Confront’
NATO,” March 17, 2011.
2729
“Statement on Libyan TV Says Qadhafi Forces Await ‘Zero Hour’ To Retake Benghazi,” OSC Report
GMP20110316950075, March 16, 2011; and, OSC Report GMP20110317676005.
2830
OSC Report GMP20110317676005.
2931
President Barack Obama, Remarks by the President on the Situation in Libya, March 18, 2011. Available at
http://www.whitehouse.gov/the-press-office/2011/03/18/remarks-president-situation-libya.
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No-Fly Zone, Arms Embargo, and Civilian Protection Operations30
On March 21, President Obama wrote to congressional leaders announcing that U.S. military
forces had commenced operations in Libya on March 19 “to prevent a humanitarian catastrophe
and address the threat posed to international peace and security by the crisis in Libya” and “for
the purposes of preparing a no-fly zone.”31
32
For detailed information about U.S. military operations under Operation Odyssey Dawn, including initial
congressional authorization debates and estimates of the potential costs of U.S. operations, see CRS Report R41725,
Operation Odyssey Dawn (Libya): Background and Issues for Congress, coordinated by Jeremiah Gertler, and CRS
Report R41701, No-Fly Zones: Strategic, Operational, and Legal Considerations for Congress, coordinated by
Jeremiah Gertler.
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the purposes of preparing a no-fly zone.”33 The President stated that the “strikes will be limited in
their nature, duration, and scope” and that “their purpose is to support an international coalition as
it takes all necessary measures to enforce the terms of U.N. Security Council Resolution 1973.”
He added that, “United States military efforts are discrete and focused on employing unique U.S.
military capabilities to set the conditions for our European allies and Arab partners to carry out
the measures authorized by the U.N. Security Council Resolution.” President Obama cited his
“constitutional authority to conduct U.S. foreign relations and as Commander in Chief and Chief
Executive,” and stated he was reporting to Congress “to keep the Congress fully informed,
consistent with the War Powers Resolution.”3234
In an address to the nation on March 28, President Obama identified important U.S. strategic
interests in
“preventing Qadhafi from overrunning those who oppose him,” including preventing
a massacre
that might create destabilizing refugee flows into Tunisia or Egypt.3335 He also cited the
possibility possibility
that regional leaders would assume violent repression was acceptable and that the U.N
Security Security
Council would not act to uphold peace and security. President Obama emphasized his
view that
“broadening our military mission to include regime change would be a mistake.”
The civilian protection provisions of Resolution 1973 authorize member states to use “all means
necessary” short of
foreign military occupation, which, given the security situation described above, has to date
included
above, NATO and partner countries have interpreted to include a wide range of military action,
including air strikes on pro-Qadhafi ground forces. The
no-fly zone provisions of Resolution
1973 ban “all flights in the airspace of the Libyan Arab
Jamahiriya in order to help protect
civilians” with the exception of humanitarian flights,
evacuation flights, flights authorized for the
protection of civilians, and “other flights which are
deemed necessary by States acting under the
authorization … to be for the benefit of the Libyan
people.” Member states are authorized to act
nationally or “through regional organizations” to
enforce the ban and are now doing so. All
authorized flights are to be coordinated with the U.N.
Secretary General and the Arab League
Secretary General. The resolution calls on U.N. member
states to “to provide assistance,
including any necessary over-flight approvals, for the purposes of
implementing” the no-fly zone
and civilian protection operations.
The U.S. military forces now on station have a broad range of offensive and defensive assets at
their disposal, in addition to the ability to assist in medical and relief operations. The U.S.
30
For detailed information about U.S. military operations under Operation Odyssey Dawn, including initial
congressional authorization debates and estimates of the potential costs of U.S. operations, see CRS Report R41725,
Operation Odyssey Dawn (Libya): Background and Issues for Congress, coordinated by Jeremiah Gertler, and CRS
Report R41701, No-Fly Zones: Strategic, Operational, and Legal Considerations for Congress, coordinated by
Jeremiah Gertler.
31military’s newest combatant command, U.S. Africa Command (AFRICOM) took the lead on
Operation Odyssey Dawn, overseeing U.S. forces delivering humanitarian relief,36 enforcing the
no-fly zone and arms embargo, and conducting strikes to protect civilians in Libya. General
Carter F. Ham, who assumed command of AFRICOM on March 9, serves as theater commander
for U.S. Libya operations and U.S. forces now contributing to the NATO-led Operation Unified
33
President Barack Obama, Letter from the President Regarding the Commencement of Operations in Libya, March
21, 2011. Available at http://www.whitehouse.gov/the-press-office/2011/03/21/letter-president-regardingcommencement-operations-libya.
3234
For information about the War Powers Resolution, see CRS Report R41199, The War Powers Resolution:
After Thirty-Six Years, by Richard F. Grimmett.
3335
President Barack Obama, Remarks by the President in Address to the Nation on Libya, March 28, 2011. Available at
http://www.whitehouse.gov/the-press-office/2011/03/28/remarks-president-address-nation-libya.
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military’s newest combatant command, U.S. Africa Command (AFRICOM) took the lead on
Operation Odyssey Dawn, overseeing U.S. forces delivering humanitarian relief,34 enforcing the
no-fly zone and arms embargo, and conducting strikes to protect civilians in Libya. General
Carter F. Ham, who assumed command of AFRICOM on March 9, serves as theater commander
for U.S. Libya operations and U.S. forces now contributing to the NATO-led Operation Unified
36
Under the auspices of Operation Odyssey Dawn, U.S. Africa Command, with support from Air Mobility Command
and Naval Forces Europe-Africa assets, oversaw airlift operations via military facilities in Greece, Italy, and Germany
to deliver U.S.-donated humanitarian relief supplies to the Libyan-Tunisian border and repatriate Egyptian nationals
from Tunisia.
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Protector (see “The North Atlantic Treaty Organization (NATO)” below). Tactical U.S. operations
for Operation Odyssey Dawn were coordinated by a Joint Task Force under Admiral Sam
Locklear. Admiral Locklear serves jointly as Commander of U.S. Naval Forces Europe and
Africa, and as Commander of Allied Joint Force Command, Naples, which now has operational
responsibility for NATO’s Operation Unified Protector in Libya and the Mediterranean.
U.S. Humanitarian Operations
The Administration also has deployed joint State Department/USAID humanitarian assessment
teams (HATs) to the Tunisia-Libya and Libya-Egypt borders.3537 As of May 26July 5, USAID had
provided provided
$20 million to implementing partners for humanitarian relief purposes, while the State
Department had provided $33.560 million to the International Organization for Migration (IOM),
the the
United Nations High Commissioner for Refugees, and the International Committee of the Red
Cross to support the repatriation of third-country nationals, the establishment of transit camps,
and medical relief and other programs for those fleeing the conflict.3638 Over $950,000 has been
spent on conventional weapons destruction programs. The Administration also
estimates that the
U.S. government has spent $1.1 million on in-kind transfers of third-country
nationals from
Tunisia to Egypt. On March 7, President Obama authorized the issuance of up to
$15 million
from the U.S. Emergency Refugee and Migration Assistance (ERMA) fund to
support support
“contributions to international, governmental, and nongovernmental organizations and
payment payment
of administrative expenses of the Bureau of Population, Refugees, and Migration of the
Department of State, related to the humanitarian crisis resulting from the violence in Libya.”3739
U.S. Engagement with and Assistance to the Libyan Opposition
The infusion of popular support and regime defectors to the general opposition cause inside Libya
was welcomed by many established opposition groups, even if the specific political demands of
newly active opposition supporters and their compatibility with the agendas of the established
groups were not clear. Key current questions for U.S. policymakers include determining
international views on assistance to the TNC and cease-fire negotiations and assessing the
capabilities of and monitoring the activities of various opposition elements. Official U.S.
statements have shifted from emphasizing a lack of knowledge about the opposition to offering
informal endorsement of the TNC. 38 The U.S. government, via a deployed State Department and
34
Under the auspices of Operation Odyssey Dawn, U.S. Africa Command, with support from Air Mobility Command
and Naval Forces Europe-Africa assets, oversaw airlift operations via military facilities in Greece, Italy, and Germany
to deliver U.S.-donated humanitarian relief supplies to the Libyan-Tunisian border and repatriate Egyptian nationals
from Tunisia.
35
The U.S. government
has suspended but not severed diplomatic relations with the Qadhafi government, for the purposes
of retaining the ability to assert in international fora that government’s responsibility for its
actions.
Official U.S. statements have shifted from emphasizing a lack of knowledge about the opposition
to offering informal endorsement of the TNC. 40 The U.S. government, via a deployed State
37
Updates on the humanitarian situation and U.S. civilian agencies activities are available from the U.S. Agency for
International Development, http://www.usaid.gov/our_work/humanitarian_assistance/disaster_assistance/countries/
libya/template/index.html.
3638
USG Humanitarian Fact Sheet #28, Fiscal Year (FY) 2011, May 26, 2011.
3739
Presidential Determination No. 2011-8, Unexpected Urgent Refugee and Migration Needs Related to Libya,
March 7, 2011.
3840
On March 28, U.S. Vice Admiral Bill Gortney stated his view that “the opposition is not well organized, and it is not
a very robust organization.” He further indicated that the United States “would like a much better understanding of the
opposition,” and that U.S. officials are “trying to fill in” what he characterized as “knowledge gaps.” The U.S. State
Department has dispatched a senior diplomat to Benghazi to serve as a liaison to the ITNC. On April 12, a State
Department spokesman said “we’re getting a better sense as a result of these meetings of both the [I]TNC and its vision
for Libya going forward.” On April 21, Secretary of Defense Robert Gates said that U.S. knowledge of Benghazi-based
(continued...)
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(continued...)
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Department and U.S. Agency for International Development liaison team (and reported
intelligence operations),
appears to have completed a preliminary assessment of the TNC and
determined it to be “a
serious group worthy of support”3941 and “a credible and legitimate
interlocutor for the Libyan
people.”4042 To date, the United States has not joined other governments
in extending formal
diplomatic recognition to the TNC, but has allowed the TNC to establish a
formal representative
office in Washington, DC. On June 9, Secretary of State Hillary Clinton
referred to the TNC as “the legitimate interlocutor for the Libyan people.” The extent of U.S.
The extent of U.S. government engagement with non-TNC groups and
individuals is not publicly known.
On April 15, the Administration notified Congress of its intent to authorize the “drawdown of up
to $25 million in non-lethal commodities and services” from U.S. government inventories and
resources “to support key U.S. government partners such as the Transitional National Council
(TNC) in efforts to protect civilians and civilian populated areas under threat of attack in
Libya.”4143 The commodities listed in the initial notification were designated as “non-lethal” and
“may include but not be limited to, vehicles, fuel trucks and fuel bladders, ambulances, medical
equipment, protective vests, binoculars, and non-secure radios.” President Obama issued the
determination authorizing the drawdown on April 26 and deliveries have begun. Some press
reports also suggest that President Obama has authorized U.S. intelligence agencies to conduct
unspecified missions in Libya in support of the Libyan opposition. The Administration has
declined to comment on those reports. As of June 6July 5, President Obama had not ruled out the
provision of direct U.S. security assistance to the Libyan opposition.
Congressional Action, War Powers, and Authorization Debates
Since the uprising began in mid-February, many Members of Congress and Senators have spoken
out in condemnation of Qadhafi forces’ violence against civilians in Libya, and the Senate
adopted a resolution to that effect (S.Res. 85, see below). Some Members of Congress made
statements urging the imposition of a no-fly zone in support of the Libyan opposition, while
others have expressed doubt about the utility of such an operation or other military intervention.
Other Members have suggested that the Administration should seek explicit congressional
authorization for the use of U.S. Armed Forces with regard to the Libyan conflict. Some Members
of Congress continue to debate the rationale, timing, authorization, goals, costs, and implications
of ongoing U.S. military operations and U.S. policy toward Libya more broadly.
On June 3, the House of Representatives adopted a resolution (H.Res. 292) calling on the
Administration to submit material documenting its consultation with Congress on Libya and
(...continued)
a very robust organization.” He further indicated that the United States “would like a much better understanding of the
opposition,” and that U.S. officials are “trying to fill in” what he characterized as “knowledge gaps.” The U.S. State
Department has dispatched a senior diplomat to Benghazi to serve as a liaison to the ITNC. On April 12, a State
Department spokesman said “we’re getting a better sense as a result of these meetings of both the [I]TNC and its vision
for Libya going forward.” On April 21, Secretary of Defense Robert Gates said that U.S. knowledge of Benghazi-basedrequesting the submission of a report within 14 days “describing in detail United States security
interests and objectives, and the activities of United States Armed Forces, in Libya since March
19, 2011.” That report was submitted on June 15, 2011. The views and proposed legislation
(...continued)
opposition groups has improved, but that “there is still a lot we don’t know about the opposition.” Secretary of Defense
Robert M. Gates and Vice Chairman of the Joint Chiefs of Staff Gen. James Cartwright, DOD News Briefing, April 21,
2011.
3941
Testimony of Deputy Secretary of State Jim Steinberg, Senate Foreign Relations Committee, May 12, 2011.
4042
U.S. State Department, Office of the Spokesman, “Media Note: Assistant Secretary Feltman’s Travel to Benghazi,”
Washington, DC, May 23, 2011.
4143
Memorandum of Justification Pursuant to Section 552(C)(2) of the Foreign Assistance Act for a Drawdown to
Support Efforts to Protect Civilians and Civilian-Populated Areas Under Threat of Attack in Libya, April 15, 2011.
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requesting the submission of a report within 14 days “describing in detail United States security
interests and objectives, and the activities of United States Armed Forces, in Libya since March
19, 2011.” The views and proposed legislation 19
Libya: Unrest and U.S. Policy
described below reflect a cross-section of
congressional opinion on these subjects for illustrative
purposes and are not exhaustive.
Select Legislation and Statements
•
On March 1, the Senate adopted by unanimous consent S.Res. 85, “strongly
condemning the gross and systematic violations of human rights in Libya,
including violent attacks on protesters demanding democratic reforms.”
•
On March 15, 2011, Representative Ron Paul introduced H.Con.Res. 31, which
cites the war powers enumerated in Article One of the U.S. Constitution and cites
the War Powers Resolution (P.L. 93-148)4244 in stating “the sense of Congress that
the President is required to obtain in advance specific statutory authorization for
the use of United States Armed Forces in response to civil unrest in Libya.” The
resolution specifically notes the possible imposition of a no-fly zone as one of the
possible actions that inspired the legislation.
•
On March 15, 2011, Senator John McCain introduced S.Res. 102, which
calls on the President … to recognize the Libyan Transitional National Council, based in
Benghazi but representative of Libyan communities across the country, as the sole legitimate
governing authority in Libya; … to take immediate steps to implement a ‘no-fly zone’ in
Libya with international support; and … to develop and implement a comprehensive strategy
to achieve the stated United States policy objective of Qaddafi leaving power.
•
Senator Richard Lugar released a statement on March 15 that read, “It is doubtful
that U.S. interests would be served by imposing a no-fly zone over Libya. If the
Obama Administration is contemplating this step, however, it should begin by
seeking a declaration of war against Libya that would allow for a full
Congressional debate on the issue.” Senator Lugar raised these concerns directly
with Under Secretary of State for Political Affairs William Burns in a Senate
Foreign Relations Committee meeting on March 17.
•
On March 16, Senate Foreign Relations Committee (SFRC) Chairman Senator
John Kerry said,
The international community cannot simply watch from the sidelines as this quest for
democracy is met with violence. The Arab League’s call for a U.N. no-fly zone over Libya is
an unprecedented signal that the old rules of impunity for autocratic leaders no longer stand.
Time is running out for the Libyan people. The world needs to respond immediately to avert
a humanitarian disaster. The Security Council should act now to heed the Arab League’s call
[for the imposition of a no-fly zone]. (See “The Arab League and the African Union” below.)
Debate within the SFRC at a March 17 hearing on the Middle East revealed differences of
opinion among committee members and between some Senators and the Administration with
regard to the imperative to intervene, the likely benefits and drawbacks, the need for
congressional authorization for the use of U.S. military forces, and the likelihood that Al Qaeda or
42other violent Islamists could take advantage of the current situation or future unrest to threaten
Libyan and international security. The range of views discussed in that hearing largely reflect the
44
For more information about the War Powers Resolution and its relation to recent U.S. military operations involving
no-fly zones, see CRS Report R41199, The War Powers Resolution: After Thirty-Six Years, by Richard F. Grimmett.
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other violent Islamists could take advantage of the current situation or future unrest to threaten
Libyan and international security. The range of views discussed in that hearing largely reflect the
20
Libya: Unrest and U.S. Policy
range of views that were prevailing in the Congress as a whole prior to the start of U.S. military
operations.
The congressional response to the start of U.S. military operations featured expressions of
support, expressions of opposition, and calls for further consultation and clarity on the part of the
President and his Administration. On March 23, Speaker of the House John Boehner wrote a
letter to President Obama, posing a number of specific questions about the goals, command,
funding, and metrics for U.S. military operations in Libya and stating:4345
I and many other members of the House of Representatives are troubled that U.S. military
resources were committed to war without clearly defining for the American people, the
Congress, and our troops what the mission in Libya is and what America’s role is in
achieving that mission. In fact, the limited, sometimes contradictory, case made to the
American people by members of your Administration has left some fundamental questions
about our engagement unanswered.… It is regrettable that no opportunity was afforded to
consult with Congressional leaders, as was the custom of your predecessors, before your
decision as Commander-in-Chief to deploy into combat the men and women of our
Armed Forces.
The White House and executive branch agencies since have engaged in further consultations with
Congress regarding U.S. policy and military operations in Libya. On May 20, President Obama
wrote to Congress and stated that “U.S. involvement has assumed a supporting role in the
coalition’s efforts,” and expressed his view that “U.S. support for the NATO-based coalition
remains crucial to assuring the success of international efforts to protect civilians.”4446 According to
the President, U.S. operations now consist of “non-kinetic support to the NATO-led operation,
including intelligence, logistical support, and search and rescue assistance,” “the suppression and
destruction of air defenses in support of the no-fly zone,” and “precision strikes by unmanned
aerial vehicles against a limited set of clearly defined targets in support of the NATO-led
coalition’s efforts.” The President expressed support for a proposed Senate resolution (S.Res. 194,
see below) that he believes “would confirm that the Congress supports the U.S. mission in
Libya,” calling such congressional support “important in the context of our constitutional
framework.”
Several bills proposed since the start of military operations seek to address the question of the
authorization of the use of force, the costs of U.S. military operations, and the Administration’s
current strategic goals and operational plans.
•
Two proposed House resolutions, H.Res. 208 and H.Res. 209, would direct the
Secretary of Defense and the Secretary of State to transmit copies of any and all
documents and/or correspondence created on or after February 15, 2011, that
“refers or relates to … consultation or communication with Congress regarding
the employment or deployment of the Armed Forces for Operation Odyssey
Dawn or military actions in or against Libya.” The resolutions were reported, and
their content was incorporated into H.Res. 292.
43•
H.R. 1212 would direct the President to “cease the use of force in, or directed at,
the country of Libya by the United States Armed Forces unless a subsequent Act
45
Speaker Boehner Letter to President Obama on Military Action in Libya, March 23, 2011. Available at
http://www.speaker.gov/UploadedFiles/POTUSLetter_032311.pdf.
4446
President Barack Obama, Letter to Speaker of the House John Boehner, May 20, 2011.
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•
H.R. 1212 would direct the President to “cease the use of force in, or directed at,
the country of Libya by the United States Armed Forces unless a subsequent Act
specifically authorizes such use of force.” The bill would prohibit the use of
appropriated funds for the use of force by the U.S. military in Libya.
•
H.Con.Res. 32 states the sense of the Congress that the President should “obtain
specific statutory authorization for the use of United States Armed Forces in
Libya within 60 days” or terminate related U.S. military operations.
•
H.Con.Res. 51 would have required the President to withdraw U.S. military
forces from Libya within 15 days. It failed by a vote of 148 to 265 (Roll no. 412)
on June 3.
•
H.R. 1323 would require the Administration to provide an estimate of the cost of
U.S. military operations in Libya in FY2011 and to identify identical
corresponding recisions to non-security discretionary spending accounts to offset
the cost of U.S. Operation Odyssey Dawn and participation in NATO’s Operation
Unified Protector.
•
S.J.Res. 13 would declare that a state of war exists between the United States and
the government of Libya and authorize the President “to employ the entire naval
and military forces of the United States and the resources of the United States
Government to carry on war against the Government of Libya.”
•
S.Res. 146 would state the sense of the Senate that “United States military
intervention in Libya, as explained by the President, is not in the vital interests of
the United States.” It would also call on the President to obtain authorization for
further engagement and call on NATO allies and the Arab League to make
contributions to ongoing operations commensurate with their stated interests.
•
S.Res. 148 would state the sense of the Senate that President Obama should seek
authorization for the use of force in Libya and would call on the President to
submit “a detailed description of United States policy objectives in Libya, both
during and after Muammar Qaddafi’s rule; a detailed plan to achieve those
objectives; a detailed estimate of the full cost of the United States military
operations in Libya and any other actions required to implement the plan; and a
detailed description of the limitations the President has placed on the nature,
duration, and scope of United States military operations in Libya, as referenced
in his March 21, 2011, letter to Congress.”
•
S.Res. 194 would state that the Senate “supports the limited use of military force
by the United States in Libya as part of the NATO mission to enforce United
Nations Security Council Resolution 1973.” It also states the Senate’s support for
the goal of achieving Muammar al Qadhafi’s departure from power and the return
of seized Libyan government assets “to the Libyan people for their benefit.”
S.Res. 194 further calls on the President to submit a report on U.S. objectives.
President Obama endorsed S.Res. 194 in his May 20 letter to Congress, writing that, in his view,
the resolution “would confirm that the Congress supports the U.S. mission in Libya.” On June 5,
Senator Richard Lugar wrote an opinion article in the Washington Post that argues the nonbinding Senate resolution endorsed by President Obama:
would lower the standard for congressional authorization for the use of military force and
would forfeit the Senate’s own constitutional role. By setting this precedent in the interests
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of expediency, Congress would make it far more likely that future presidents will deem a
nonbinding vote in one house as sufficient to initiate or continue a war, or marginalize
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Congress’s involvement in far more consequential war-making decisions than we face now
in Libya.4547
The United Nations and Security Council Resolutions
1970 and 1973
On February 22, the U.N. Security Council (UNSC) met in private to discuss the situation in
Libya, and released a press statement that “condemned the violence and use of force against
civilians, deplored the repression against peaceful demonstrators, and expressed deep regret at the
deaths of hundreds of civilians.” Members of the Council further “called for an immediate end to
the violence and for steps to address the legitimate demands of the population, including through
national dialogue.”4648
On February 26, the Security Council debated and unanimously adopted Resolution 1970, which
•
establishes an arms embargo prohibiting weapons transfers to Libya, while
providing for third party inspection of suspicious cargo and for consideration of
possible exemptions by the Committee established by paragraph 24 of the
resolution;
•
grants the International Criminal Court (ICC) jurisdiction over crimes committed
in Libya on or after February 15, 2011;
•
imposes targeted financial and travel sanctions on Muammar al Qadhafi, certain
family members, and some prominent supporters;
•
calls on member states to support humanitarian response efforts; and,
•
provides for further consideration of the situation in Libya, while not authorizing
the use of military force by member states with regard to the situation in Libya.
On March 1, the U.N. General Assembly, acting on the recommendation of the Human Rights
Council on February 25, considered the situation in Libya, and adopted, by consensus, a
resolution suspending Libya from “the rights of the membership” on the Human Rights Council.
This was the first time a member state has been removed from the Council since it replaced the
Commission on Human Rights in 2006.4749 The General Assembly will review Libya’s future role
on the Council “as appropriate.” On March 11, the Human Rights Council established an
independent three-member Commission of Inquiry “to investigate alleged violations of
international human rights law in Libya.” The Commission delivered its report in early June 2011
(see “International Criminal Court and United Nations Human Rights Council Investigations”
above).48
4550
47
Senator Richard G. Lugar, “The Obama administration’s dangerous course on Libya,” Washington Post, June 5,
2011.
4648
United Nations Security Council Department of Public Information, “SC/10180, AFR/2120: Security Council Press
Statement on Libya,” February 22, 2011.
4749
United Nations General Assembly, A/RES/65/265, “Suspension of the rights of membership of the Libyan Arab
Jamahiriya in the Human Rights Council,” March 3, 2011.
4850
The commission members are Cherif Bassiouni of Egypt, Asma Khader of Jordan, and Philippe Kirsch of Canada.
(continued...)
Congressional Research Service
21See U.N. Document A/HRC/17/44, “Report of the International Commission of Inquiry to investigate all alleged
violations of international human rights law in the Libyan Arab Jamahiriya,” June 1, 2011.
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Libya: Unrest and U.S. Policy
United Nations Secretary-General Ban Ki-moon has named former Jordanian Foreign Minister
Abdul Ilah Khatib as his Special Envoy for Libya. Khatib visited Tripoli and opposition
controlled eastern Libya to assess the situation and meet with senior Libyan officials. He
reiterated calls for an end to violence. On March 24, the Secretary General reported on his Special
Envoy’s preliminary findings and said, “We continue to have serious concerns … about the
protection of civilians, abuses of human rights and violations of international humanitarian law,
and the access of civilian populations to basic commodities and services in areas currently under
siege.” He added that Khatib’s mission “was too brief to reach definitive conclusions about the
human rights situation, but they found many worrying signs, including threats and incitement
against the armed opposition.” U.N. Humanitarian Coordinator for Libya Rashid Khalikov also
visited Libya over the weekend of March 11 to March 13. The sanctions committee established
pursuant to Resolution 1970 has commenced work and issued preliminary guidelines for its
operations.4951 The committee will be chaired by José Filipe Moraes Cabral of Portugal through the
end of 2011.
Resolution 1970 did not authorize the use of force by member states with regard to the conflict in
Libya or the enforcement of the arms embargo established by the resolution. As such, subsequent
debate focused on the relative necessity and implications of military intervention and the potential
for further authorization from the Security Council.
On March 17, the Security Council adopted Resolution 1973, which
•
demands the immediate establishment of a cease-fire and a complete end to
violence and all attacks against, and abuses of, civilians;
•
authorizes Member States that have notified the Secretary-General, acting
nationally or through regional organizations or arrangements, and acting in
cooperation with the Secretary-General, to take all necessary measures,
notwithstanding paragraph 9 of resolution 1970 (2011) [Note: paragraph 9
establishes an arms embargo on Libya], to protect civilians and civilian populated
areas under threat of attack in the Libyan Arab Jamahiriya, including Benghazi,
while excluding a foreign occupation force of any form on any part of Libyan
territory;
•
establishes a ban on all flights in the airspace of the Libyan Arab Jamahiriya in
order to help protect civilians;
•
authorizes robust enforcement inspection measures for the arms embargo
established by Resolution 1970, including measures to prevent the movement of
mercenary forces to Libya;
•
directs the U.N. Secretary General to convene an eight-person Panel of Experts to
monitor the situation in Libya and implementation of Resolutions 1970 and 1973;
(...continued)
See U.N. Document A/HRC/17/44, “Report of the International Commission of Inquiry to investigate all alleged
violations of international human rights law in the Libyan Arab Jamahiriya,” June 1, 2011.
49
•
signals the Security Council’s determination to ensure that assets frozen pursuant
to Resolution 1970 “shall, at a later stage, as soon as possible be made available
to and for the benefit of the people of the Libyan Arab Jamahiriya;”
51
Committee information available at http://www.un.org/sc/committees/1970/. Security Council Committee
Established Pursuant to Resolution 1970 (2011) Concerning the Libyan Arab Jamahiriya, “Chairman’s report pursuant
to paragraph 24 (e) of Security Council resolution 1970 (2011),” March 28, 2011; and, “Provisional Guidelines of the
Committee for the Conduct of its Work,” March 25, 2011.
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Libya: Unrest and U.S. Policy
•
signals the Security Council’s determination to ensure that assets frozen pursuant
to Resolution 1970 “shall, at a later stage, as soon as possible be made available
to and for the benefit of the people of the Libyan Arab Jamahiriya;”
•
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Libya: Unrest and U.S. Policy
•
calls on member states to enforce a ban on flights by any aircraft registered in the
Libyan Arab Jamahiriya or owned or operated by Libyan nationals or companies;
and,
•
expands targeted financial and travel sanctions on Libyan individuals and entities
and extends sanction provisions to persons found to be violating the arms
embargo established by Resolution 1970.
The Arab League and the African Union
International concern about the conflict in Libya is shared and in many senses amplified within
regional bodies such as the Arab League and the African Union, of which Libya and its neighbors
are members. The United States, the European Union, and other parties have looked to regional
actors as they seek to gauge the political ramifications of potential policy options, including the
ongoing NATO-led military intervention. Both the Arab League and the African Union have taken
strong stands against Qadhafi supporters’ use of violence against civilians and opposition groups.
Both bodies also have expressed some concern about the scope and potential effects of outside
intervention.
The Arab League
On February 22, the League of Arab States met in Cairo and suspended Libya from League
meetings.5052 On March 12, the Arab League Council met again to discuss the situation in Libya
and endorsed on a consensus basis a request to the U.N. Security Council:
to take measures to impose a no-fly zone over the movement of Libyan military planes
immediately, and to establish safe areas in the places exposed to shelling as preventive
measures allowing to provide protection for the Libyan people and the residents in Libya
from different nationalities, taking into account the regional sovereignty and integrity of
neighboring countries.5153
The Arab League Council further signaled its intent to contact and cooperate with the Libyan
opposition Interim Transitional National Council (TNC). Pro-Qadhafi Libyan Foreign Ministry
officials rejected the move and called it “an unacceptable deviance from the charter of the Arab
League and its practices since its inception.”
The Arab League statement was welcomed by international observers who viewed regional
support as a prerequisite for any direct intervention, including any multilateral military operation
to impose a no-fly zone. The U.S. government referred to the decision as “important.” Other
observers cautioned that the apparent consensus at the Arab League meeting masked underlying
50
dissension among regional governments with regard to specific types of military intervention and
strong opposition to any foreign military intervention among some regional citizens.54
52
See Arabic original statement at: http://www.arableagueonline.org/lasimages/picture_gallery/bayan22-2-2011.doc.
OSC Report GMP20110314950010, “Arab League Urges U.N. to Impose No-Fly Zone Over Libya,” March 12,
2011.
51
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dissension among regional governments with regard to specific types of military intervention and
strong opposition to any foreign military intervention among some regional citizens.52
54
There are conflicting reports from unnamed Arab official sources that some governments opposed the decision. On
March 17, Algerian diplomats informed CRS that their government did not oppose the Arab League Council decision,
contrary to some press reports. Algeria has urged coordination with the African Union, stressed that any no-fly zone
(continued...)
53
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Libya: Unrest and U.S. Policy
Those concerns appeared to be borne out when coalition military strikes against Libyan ground
forces appeared to cause some dissension among some Arab governments and leaders after the
start of operations on March 19. Some in the region strongly supported the Arab League
statement and have expressed concern that third parties, including the United States, have not
provided sufficient support to the Libyan opposition. On March 21, Arab League Secretary
General Amr Moussa said that, from the Arab League’s perspective, the purpose of military
operations and Resolution 1973 is “not to give the rebels support. It is not a question of
supporting a regime, a government or a council.”5355 He predicted that if Muammar al Qadhafi
remains in control of some or all of Libya then the result could be “a prolonged case of civil war
and tension and destruction of Libya.”
Popular reactions to the new Security Council action in different countries vary, and popular
views and government positions could shift dramatically depending on the scope, course, and
outcome of military intervention, including the imposition of a no-fly zone and strikes on Libyan
ground forces. Resolution 1973 recognizes “the important role of the League of Arab States in
matters relating to the maintenance of international peace and security in the region,” and
requests that the member states of the Arab League “cooperate with other Member States in the
implementation of” measures taken pursuant to the resolution to protect Libyan civilians.
The Obama Administration has sought “active Arab partnership”5456 and President Obama has cited
the Arab League’s request for international support in his correspondence with Congress. Qatar
has deployed six Mirage fighter aircraft and two C-17A aircraft for the no-fly zone and relief
operations. Qatari fighter aircraft are now participating in no-fly zone patrols. On March 28,
Qatar announced that it recognizes the TNC as the legitimate representative of the Libyan people.
Some press reports suggest that Qatar also may be providing some arms to the Libyan opposition,
but Qatari officials have not confirmed or denied those reports. The United Arab Emirates has
deployed six F-16 and six Mirage fighter aircraft for the no-fly zone operation, and one Emirati
F-16 was damaged on landing in April. Jordan and Morocco provide non-combat support to
coalition operations.
The African Union
The African Union (AU) has condemned the use of violence against civilians in Libya and has
dispatched a fact-finding mission to investigate the crisis. The AU moves surprised some
observers given that Qadhafi has provided significant funding to support the AU budget in recent
52
There are conflicting reports from unnamed Arab official sources that some governments opposed the decision. On
March 17, Algerian diplomats informed CRS that their government did not oppose the Arab League Council decision,
contrary to some press reports. Algeria has urged coordination with the African Union, stressed that any no-fly zone
years and Qadhafi had been elected to serve as AU president in 2009.57 However, the AU has
stopped short of taking collective punitive action against Libya or Qadhafi. The AU has named an
ad hoc high level committee to engage directly with Libyan parties and African governments. The
ad hoc committee is made up of the AU Commission president and the current presidents of Mali,
(...continued)
decision must be taken by the U.N. Security Council, and maintains its general “opposition to any foreign intervention
in Libya,” a position it maintained with regard to uprising in Tunisia and Egypt. Syria’s representative also is rumored
to have expressed reservations about the decision and has warned against foreign intervention in Libya.
5355
Raghida Dergham, “Interview with Amr Moussa: The Goal in Libya Is Not Regime Change,” International Herald
Tribune, March 23, 2011.
5456
Testimony of Under Secretary of State William Burns, before the Senate Foreign Relations Committee, March
17, 2011.
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Libya: Unrest and U.S. Policy
years and Qadhafi had been elected to serve as AU president in 2009.55 However, the AU has
stopped short of taking collective punitive action against Libya or Qadhafi. The AU has named an
ad hoc high level committee to engage directly with Libyan parties and African governments. The
ad hoc committee is made up of the AU Commission president and the current presidents of Mali,
57
African Union (AU), Communiqué of the 261st Meeting of the Peace and Security Council, February 23, 2011.
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Libya: Unrest and U.S. Policy
Uganda, the Republic of Congo, Mauritania, and South Africa. Resolution 1973 takes note of the
AU committee, and calls for intensified efforts “to find a solution to the crisis which responds to
the legitimate demands of the Libyan people.” The AU continues to call for an “immediate
cessation of all hostilities,” and participants at a high level consultative meeting on Libya in
Addis Ababa, Ethiopia, on March 25 issued a roadmap calling for:
“the protection of civilians and the cessation of hostilities; humanitarian assistance to affected
populations…; initiation of a political dialogue between the Libyan parties in order to arrive at an
agreement on the modalities for ending the crisis; establishment and management of an inclusive
transitional period; and adoption and implementation of political reforms necessary to meet the
aspirations of the Libyan people.”5658
The AU Assembly reiterated its support for the Roadmap on May 25, and called for an immediate
cease-fire and pause in the fighting and in the NATO airstrikes to facilitate humanitarian access.
The Assembly also criticized what it views as the marginalization of African attempts to resolve
the crisis and “expressed deep concern at the dangerous precedence being set by one-sided
interpretations” of the U.N Security Council resolutions, “in an attempt to provide a legal
authority for military and other actions on the ground that are clearly outside the scope of these
resolutions.”5759 The ad hoc committee’s attempt to broker a cease-fire faltered in early April and
again in late May, after the opposition rejected an AU cease-fire proposal on the grounds that
Qadhafi and his family would not be barred from further political participation.
The European Union and EU Member States
Like the United States, the European Union (EU) had pursued a policy of engagement with the
Qadhafi government in recent years, and several EU member states reestablished deep economic
ties with Libya. European states have long been important consumers of Libyan oil and natural
gas, although officials have expressed confidence in recent weeks that disruptions of Libyan
energy supplies to the European market will not have significant consequences. Until the
outbreak of violence in mid-February 2011, engagement efforts at the EU level were marked by
ongoing negotiations over the terms of an EU-Libya Framework Agreement and the conclusion of
a technical and financial cooperation agreement with Libya in conjunction with the European
Commission’s European Neighborhood Policy. These initiatives have been suspended in line with
an EU decision on February 28 to impose an arms embargo and targeted sanctions on Muammar
al Qadhafi, his family, and some of his prominent supporters.5860
The EU sanctions now in place reflect the terms of the arms embargo and targeted sanctions
mandated in UNSC Resolutions 1970 and 1973 and expand them to include a visa ban and asset
55
56
African Union (AU), Communiqué of the 261st Meeting of the Peace and Security Council, February 23, 2011.
freezes on additional individuals. The EU has expanded its targeted sanctions list to include
Libya’s National Oil Company and other oil institutions and five Libyan financial institutions,
including the LIA and Libya’s Central Bank.61 The European Council of Heads of State and
58
AU, Communiqué, Consultative Meeting on the Situation in Libya, Addis Ababa, Ethiopia, March 25, 2011.
5759
AU Assembly, Decision on the Peaceful Resolution of the Libyan Crisis, EXT/ASSEMBLY/AU/DEC/(01.2011),
Addis Ababa, Ethiopia, May 25, 2011.
5860
See European Council Decision 2011/137/CFSP, February 28, 2011; and, Council Regulation (EU) 204/2011,
“Concerning restrictive measures in view of the situation in Libya,” March 2, 2011.
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Libya: Unrest and U.S. Policy
freezes on additional individuals. The EU expanded its targeted sanctions list on March 10 and on
March 23 to include Libya’s National Oil Company and other oil institutions, Mustafa Zarti, the
director of the Libyan Investment Authority (LIA, the government’s sovereign wealth fund), and
five Libyan financial institutions, including the LIA and Libya’s Central Bank. 59 The European
Council of Heads of State and
61
See Council Implementing Regulation (EU) No 233/2011, March 10, 2011, implementing Article 16(2) of
Regulation (EU) No 204/2011 concerning restrictive measures in view of the situation in Libya; and, Council Decision
(continued...)
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Libya: Unrest and U.S. Policy
Government met on March 11 and issued a “Declaration on the
EU’s Southern Neighborhood and
Libya,” stating that “Colonel Qadhafi must relinquish power
immediately,” but stopping short of
endorsing military action to achieve that goal.6062
Prior to the start of coalition military operations, EU member states took a range of positions on
the conditions under which they might support military intervention and the necessary
authorizations and proper mechanisms for doing so. Some EU member states such as the United
Kingdom, France, Spain, Greece, Denmark, and Italy have taken an active role in the military
operations, while others, such as Germany have declined to endorse or actively participate in the
civilian protection or no-fly zone aspects of the NATO-led military intervention.6163
On May 24, the European Council reiterated “its call for an immediate and genuine cease-fire, the
fact that Colonel Qadhafi has lost legitimacy and that he must relinquish power immediately.”
The Council referred to the opposition TNC as “a key political interlocutor representing the
aspirations of the Libyan people” and noted its decision “to intensify its efforts to block access of
resources and funding to the Qadhafi regime, with the necessary humanitarian exemptions.”6264
On the humanitarian front, as of May 30June 21, the EU, acting through the European Commission, and
EU member states had committed €125.5144.8 million (~$183.2202.7 million) in cash and in-kind donations
to support the creation and maintenance of transit facilities, to provide relief to individuals, and to
repatriate EU and third-country nationals. 6365 An EU civil protection team is operating in Tunisia,
and a team of humanitarian affairs experts has been deployed to Tunisia, Egypt, and Libya in
support of U.N. and EU operations. Several EU member states continue to carry out their own
bilateral responses to the humanitarian emergency and are providing material and financial
support to international organizations and regional entities in coordination with the United States
and other donors. Member states such as Italy and Malta are particularly concerned about
increased numbers of refugees and asylum-seekers fleeing Libya for EU territory. Qadhafi has
attempted to leverage these fears in public statements as a means of influencing EU decisions.
The European Union has held consultations and completed planning for a military operation “to
secure sea and land corridors inside the country” to protect the delivery of humanitarian
assistance to Misurata and areas where civilians are at risk. The European Council restated its
willingness to act in this regard on May 25, pending a request from the U.N. Office for the
Coordination of Humanitarian Affairs. Any deployment of European Union forces would require
authorization from the U.N. Security Council.
59
See Council Implementing Regulation (EU) No 233/2011, March 10, 2011, implementing Article 16(2) of
Regulation (EU) No 204/2011 concerning restrictive measures in view of the situation in Libya; and, Council Decision
(...continued)
2011/178/CFSP of 23 March 2011 amending Decision 2011/137/CFSP concerning restrictive measures in view of the
situation in Libya.
6062
Extraordinary European Council Declaration on the EU’s Southern Neighborhood and Libya, March 11, 2011.
6163
On March 17, German Foreign Minister Guido Westerwelle said, “we won't take part in any military operation and I
will not send German troops to Libya.”
6264
European Council, Libya - Council Conclusions, 10583/1/11 REV 1, May 24, 2011.
6365
European Commission, Humanitarian Aid and Civil Protection, Factsheet Libyan Crisis, May 30June 21, 2011.
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The North Atlantic Treaty Organization (NATO)6466
As of March 31, after nearly two weeks of coalition air operations under U.S. command, the
North Atlantic Treaty Organization (NATO) assumed command and control of coalition military
operations in Libya. According to NATO Secretary General Anders Fogh Rasmussen, the goal of
NATO’s Operation Unified Protector (OUP) is “to protect civilians and civilian-populated areas
under threat of attack from the Gaddafi regime.” This entails: (1) enforcing a UN-mandated arms
embargo; (2) enforcing a no-fly zone over Libyan territory; and (3) protecting civilians and
civilian population areas from being attacked by military forces from the Qadhafi regime. OUP is
commanded by Canadian Air Force Lieutenant General Charles Bouchard, headquartered at the
Allied Joint Force Command in Naples, Italy. He reports to Joint Force Commander U.S. General
Sam Locklear, who in turn reports to NATO Supreme Allied Commander U.S. Admiral James
Stavridis.
As of April 5, 17June 28, NATO member states and partner countries, including the United States, had
committed military forces to the NATO mission. 65 This includes 195 aircraft and 18 naval vessels.
244 aircraft and 19 naval vessels to the NATO mission. 67 Since taking over command
of military operations, allied fighter planes have conducted an
average of approximately 150
sorties daily, over one-third of which have been to either identify or
strike ground targets.6668
The decision to bring coalition military operations under NATO command and control capped
several weeks of increasing allied involvement in the mission. Since March 8, NATO has been
conducting 24-hour air surveillance of Libyan territory and the Central Mediterranean, using
AWACS aircraft deployed as part of NATO’s Operation Active Endeavor, NATO’s long-standing
counterterrorism and maritime security operation in the Mediterranean Sea.6769 On March 23,
NATO launched a maritime operation to enforce the arms embargo against the Libyan regime.
Naval vessels and aircraft participating in the operation are charged with monitoring the Central
Mediterranean off the Libyan coast and, if necessary, interdicting and diverting any vessels
suspected of carrying illegal arms or mercenaries in violation of the arms embargo. On March 24,
the allies agreed to take command of air operations to enforce the no-fly zone over Libya. The
first no-fly zone missions under NATO command began on Sunday, March 27. Finally, also on
March 27, NATO Secretary General Rasmussen announced that the alliance would expand the
scope of its mission to include implementing all military aspects of UNSCR 1973, including the
protection of civilians and civilian areas through possible air strikes on ground forces loyal to
Qadhafi.
64
Prepared by Paul Belkin, Analyst in European Affairs, ext. 7-0220.
In
In spite of statements underscoring NATO unity on the mission to date, the planning and
operational phases have also been marked by significant levels of discord within Europe and
66
Prepared by Paul Belkin, Analyst in European Affairs, ext. 7-0220.
CRS communication with NATO public affairs personnel. NATO does not make individual member state
contributions public. According to press reports, in addition to the United States, NATO member states Belgium,
Canada, Denmark, France, Italy, the Netherlands,
Norway, Spain, and the United Kingdom have deployed fighter
planes to the region. Non-NATO member states Qatar,
Sweden, and the United Arab Emirates have also deployed
fighter jets. Bulgaria, Greece, Romania, and Turkey have
either committed ships to enforce the UN arms embargo or
are providing other limited military support to the mission.
6668
From March 31 through June 527, NATO-led air forces conducted over 9,70012,740 air sorties and nearly 3,700 strike sorties
4,800 strike
sorties to “identify and engage” targets in Libya. NATO JFC Naples, Operation UNIFIED PROTECTOR–Key Facts and
Figures, April 5, 2011; and, NATO JFC Naples Operational Operational
Media Update for 5 June. For details on the ongoing
military operation NATO’s daily Operational Media Update, available26 June. Available at http://www.jfcnaples.nato.int/Unified_Protector/daily-operational-update.aspx.
69nato.int/cps/en/SID-428D9129A0C1ADB9/natolive/71679.htm.
67
For more information on NATO’s Operation Active Endeavor see http://www.nato.int/cps/en/natolive/
topics_7932.htm.
6567
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In spite of statements underscoring NATO unity on the mission to date, the planning and
operational phases have also been marked by significant levels of discord within Europe and
NATO. A key point of contention has been the amount of flexibility allied governments have
granted their forces in order to protect civilians and civilian areas, as called for in paragraph 4 of
UNSCR 1973. Although NATO forces are authorized to strike ground targets that pose a threat to
civilians, only seven of the fourteen NATO member states participating in the mission are
reportedly conducting airstrikes.6870 The Dutch, Italian, and Spanish governments, for example,
have thus far prohibited their planes from striking ground targets.
A second, broader point of contention has been that only half of NATO’s 28 member states are
offering military support to the mission. French and British officials, whose countries are
shouldering most of the burden in the Libya operation, have repeatedly called on their allies to
offer more military assistance. Officials from NATO member states such as Germany and Poland,
on the other hand, have openly questioned the utility of combat operations and have voiced
skepticism about the long-term goals of the mission. 6971 In the face of such apparent disunity within
the alliance, some observers question how long France and the UK will be able to lead the
ongoing military operation and indeed, whether the operation can succeed.
Russia and China
Russia and China abstained from the vote on Security Council Resolution 1973. Russia’s
representative stated that “any attacks against civilians and other violations of international
humanitarian law and human rights must immediately and unconditionally cease,” and noted
Russia’s view that the quickest solution would be to demand an “immediate cease-fire.”7072 China
called for an end to attacks on civilians but linked its abstention to its opposition to “the use of
force in international relations” and the views of Arab and African governments. Since March 19,
both governments have criticized coalition military operations, reiterated calls for an immediate
cease-fire, and warned of the potential for continued conflict to destabilize neighboring countries.
On March 28, Russian Foreign Minister Sergei Lavrov said, “We consider that intervention by the
coalition in what is essentially an internal civil war is not sanctioned by the U.N. Security Council
resolution.”7173 On April 14, the heads of state of Brazil, Russia, India, China, and South Africa (the
BRICS countries) met at a summit and stated the following:
We wish to continue our cooperation in the UN Security Council on Libya. We are of the
view that all the parties should resolve their differences through peaceful means and dialogue
in which the UN and regional organizations should as appropriate play their role. We also
express support for the African Union High-Level Panel Initiative on Libya.72
6874
In June, Russia dispatched envoys to Tripoli and Benghazi to attempt to facilitate a negotiated
solution to the crisis. China confirmed that it had established political contact with Libyan
70
“Libya: Where do NATO countries stand?” BBCNews.com, April 15, 2011.
Germany abstained from UNSCR 1973 and, on March 23, withdrew its naval assets in the Mediterranean from
NATO command. On March 28, German officials reportedly signaled that at least two German navy vessels would be
placed back under NATO command, but would not be available for use in Operation Unified Protector. The vessels
will continue to participate in Operation Active Endeavor. On March 25, in what was portrayed as an effort to ease the
allied burden in other NATO operations, the German parliament authorized German forces to take over command of
AWACS surveillance operations in Afghanistan with a deployment of up to 300 additional military personnel to the
country.
7072
United Nations Security Council Meeting Record, S/PV.6498, March 17, 2011.
7173
Steve Gutterman, “No UN mandate to attack Gaddafi forces: Russia,” Reuters, March 28, 2011.
7274
South African Department of International Relations and Cooperation, Sanya Declaration on BRICS, April, 14, 2011.
6971
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In early June, Russia signaled its intent to dispatch envoys to Tripoli and Benghazi to attempt to
facilitate a negotiated solution to the crisis. China confirmed that it had established political
contact with Libyan opposition leaders, saying, “we hope the Libyan crisis achieves a political
resolution and hold the view that Libya’s future should be determined by the Libyan people.”7330
Libya: Unrest and U.S. Policy
opposition leaders, saying, “we hope the Libyan crisis achieves a political resolution and hold the
view that Libya’s future should be determined by the Libyan people.”75 On June 22, Chinese
Foreign Minister Yang Jiechi stated that the opposition TNC “is becoming an important political
force” and said “the Chinese side regards it as an ‘important dialogue participant.’”76
Prospects and Challenges for U.S. Policy
Fast-moving events and independent decisions by a range of Libyan actors and U.S. coalition
partners shape the context in which U.S. officials are pursuing U.S. national security interests
with regard to Libya. Administration officials and some Members of Congress continue to debate
U.S. goals and the best means for ensuring that U.S. policy actions achieve short- and long-term
objectives. President Obama has outlined short- and long-term policy goals with regard to Libya
and has identified distinct policy tools for achieving them. In the short term, U.S. military
operations continue in support of the civilian protection, arms embargo, and no-fly zone
provisions of U.N. Security Council Resolution 1973. Administration officials believe that U.S.
targeted financial sanctions and U.S. support for the U.N.-mandated multilateral arms embargo
and financial and travel sanctions will contribute toward the longer-term goal of pressuring
Qadhafi to leave power. However, U.S. officials have stated that a range of scenarios are possible
and that U.S. policy must remain flexible in order to effectively shape and respond to
developments.74 The proposed 77 The extension of limited, non-lethal assistance to the Libyan opposition
for for
civilian protection purposes marksmarked a shift in U.S. engagement with some of Qadhafi’s
opponents. Administration officials have declined to offer firm predictions for the time frame of
U.S. military operations or deadlines for the achievement political objectives.
President Obama has ruled out the use of U.S. military forces to overthrow Qadhafi’s government
or to provide coordinated military support to the Libyan opposition, even as U.S. and coalition
military operations continue to create conditions that have facilitated opposition military
advances. Libyan opposition figures are adamant that they will not accept an outcome that leaves
Muammar al Qadhafi in power in Tripoli. Armed opposition volunteers have advanced on areas
held by pro-Qadhafi military forces and supporters, and civilians and volunteers in Misurata
continue to defend themselves from attacks by pro-Qadhafi forces. Some opposition elements are
focused on maintaining law and order in opposition controlled areas, and some opposition media
sources are encouraging civilians to refrain from taking advantage of the unrest to commit crimes,
seek retribution, or settle personal disputes violently.
President Obama’s address to the nation March 28 signaled his Administration’s concern that the
conflict in Libya could have direct security implications and intangible political implications for
the broader Middle East as that region continues to grapple with widespread upheaval. The
apparent proliferation of small arms, man-portable air defense missile systems (MANPADS), and
some heavy weaponry among fighters on both sides has leading some outside counterterrorism
and arms trafficking experts to express concern about the conflict’s longer-term implications for
7375
Christopher Bodeen, “China confirms contact made with Libyan opposition,” Associated Press, June 3, 2011.
76
Associated Press, “China hedges bets in Libya, says rebels are increasingly representative of public opinion,” June
22, 2011.
77
On March 27, U.S. Secretary of Defense Robert Gates said, “The idea that [Qadhafi] needs to go … goes without
saying. But how long it takes, how it comes about, remains to be seen. Whether elements of the army decide to go to
the other side, as some small elements have, whether the family cracks—who knows how this is going to play out.”
Bret Stephens, “The Libya Mission Was ‘Never About Regime Change,’” Wall Street Journal, March 27, 2011.
74
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and arms trafficking experts to express concern about the conflict’s longer-term implications for
regional security.78regional security.75 Given these circumstances, Administration officials and Members of Congress
may seek to better understand the range of possible outcomes and discuss their potential
implications and the authorization for and costs of potential U.S. responses in advance.
Possible Scenarios
Continued Opposition Advances. Some observers highlight what they view as inherent tension
between the benefits that opposition forces are deriving from coalition operations and the
provisions of Resolution 1973 that call for an immediate cease-fire and protection of all Libyan
civilians. For the United States, reconciling a long-term objective of regime change with shortterm military action to enforce a U.N. resolution that does not expressly endorse that goal is a
particular challenge. The retreat westward of pro-Qadhafi forces and the advance of opposition
volunteers in their wake from March 19 through early April appeared to be a direct result of
coalition air operations, and some opposition military figures credited the change in their fortunes
directly to coalition air strikes against their pro-Qadhafi adversaries. Some U.S. military officers
shared this assessment, but stressed that direct coordination was not occurring.7679 The inability of
the opposition to hold its gains and the return to stalemate conditions near Al Burayqah
underscored the challenges facing the rebel fighters. Continued NATO strikes against military
support targets may undermine pro-Qadhafi forces ability to hold territory and advance, but
limited engagement by British, French, Qatari, and Italian military advisors with opposition
forces may not create sufficient opposition capacity quickly enough to prove decisive.
Stalemate and Backlash. Skeptics who have highlighted Qadhafi’s decades of cunning and
survival in the face of armed domestic opponents and determined international adversaries now
express concern about how he and his hard-line supporters may react to the tightening regional
and international noose. U.S. military sources believe that pro-Qadhafi forces retain significant
ground-based military capacity, in spite of ongoing coalition strikes. Qadhafi and some of his
supporters have threatened attacks against civilian and military targets outside Libya in response
to the intervention. A stalemate or Qadhafi-sponsored attack outside Libya might increase
pressure on the United States and other outside parties to expand military operations or otherwise
provide assistance to opposition forces. At the same time, international military operations that
provide direct, coordinated protection to any armed advance by opposition forces may jeopardize
the fragile regional and international consensus that allowed the U.N. Security Council to act in
the first place. Intra-NATO concerns, Arab League views, and the views of Security Council
members, including Russia and China, have proven particularly relevant thus far.
Cease-fire and Political Negotiations. A cease-fire that freezes the status quo as of June 6 may
may leave Qadhafi
in power and his forces in control of significant amounts of territory and energy
infrastructure. This may present a long-term, if unpredictable threat to pro-opposition civilians or
75 infrastructure.
78
For example, these concerns were raised in C. J. Chivers, “Experts Fear Looted Libyan Arms May Find Way to
Terrorists,” New York Times, March 3, 2011. African Union communiqués have expressed concern about regional
stability, and some Sahel region governments have specifically warned about Al Qaeda supporters seizing control of
specific types of weapons and exploiting the weakness of government forces in Libya to expand their areas of operation
and sanctuary.
7679
On March 28, U.S. Joint Staff Director Vice Admiral Bill Gortney stated, “clearly, [opposition forces are] achieving
a benefit from the actions that we're taking.” He emphasized that the U.S. had no contact with front-line opposition
military figures and were not coordinating operations. The announcement that AC-130 gunships and A-10 aircraft were
being used for “precision effect” operations against Libyan military targets raised questions about the potential for U.S.
operations to be seen as providing close air support to opposition fighters.
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to those This may present a long-term, if unpredictable threat to pro-opposition civilians or to those
countries participating in the coalition. Similarly, opposition forces may retain control
over much
of eastern Libya and key energy infrastructure without being able to assert broader
control. The
multilateral arms embargo and sanctions in place may need to be adapted to reflect
any cease-fire
that resulted in competing authorities in Libya or led to a negotiated settlement.
Competition or Collapse among Opposition Forces. Some expert observers of Libya’s
domestic politics have emphasized the general weakness and fractured condition of Libya’s
political landscape after 40 years of idiosyncratic abuse by Qadhafi and his supporters.
Competition among tribal, regional, or political groups that are not now apparent could emerge
during any post-conflict negotiations. The political ascendance of nonviolent Islamist opposition
forces or the emergence of an armed organized Islamist faction also may create unique
challenges. Opposition ranks might split in the short term over differences in opinion about a
cease-fire and a negotiated settlement or in the long term over the goals and shape of any postQadhafi political arrangements. The United States and Europe have expressed concern about
violent Islamist groups in Libya and were pursuing counterterrorism cooperation with the Qadhafi
government prior to the unrest. Should serious infighting develop on the opposition side or if
advancing volunteer elements break against Qadhafi defenses, the United States and others may
face competing demands to withdraw or redouble their efforts.
Possible Questions
Possible questions that Members of Congress may wish to consider when assessing the ongoing
no-fly zone, arms embargo enforcement, or civilian protection operations and proposed U.S.
assistance to the opposition include:
•
What is the ultimate political goal of current U.S. policy in Libya? What U.S.
national interests are at stake? How are no-fly zone operations or other U.S. or
multilateral military interventions to protect civilians contributing to or detracting
from that goal? What domestic authorization exists for the use of U.S. military
forces for such an operation? How might a cease-fire in Libya change these
calculations?
•
What regional or international political support and legal authorization exists for
military operations and how might such support and authorization or lack thereof
affect the political ramifications of intervention? How might these factors affect
the operational considerations for the success of current operations, including
basing and over-flight rights and contributions? How should events unfolding in
the broader Middle East and North Africa affect decision making in the Libyan
case?
•
What key operational objectives need to be achieved in order to consider the nofly zone and civilian protection operations successful? What geographic or time
parameters should be imposed on the no-fly zone and civilian protection
operations? What are the operational requirements of no-fly zone and civilian
protection operations in terms of costs, troop deployments, and equipment needs?
How are these requirements affecting ongoing U.S. military operations and
readiness elsewhere?
•
What unintended consequences may result from current military operations?
What are the prospects for the United States or its allies being dragged into a
broader conflict? What precedents have U.S. or multilateral military intervention
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broader conflict? What precedents have U.S. or multilateral military intervention
in the Libyan conflict set and how might those precedents affect the context in
which U.S. decision makers must respond to other regional crises and events?
•
When and on what terms should U.N. or U.S. sanctions on Libyan entities be
removed? In the event of a stalemate or negotiated cease-fire, what sanctions
should be maintained? Why and on what terms?
•
Who will assume responsibility for assisting Libyans with security, stabilization,
and reconstruction in the wake of the conflict? Under what authority and on what
terms? What role, if any, with the United States play in a post-conflict setting?
Libyan Political Dynamics and Profiles
Political Dynamics
In recent years, Libya’s political dynamics have been characterized by competition among
interest groups seeking to influence policy within the confines of the country’s authoritarian
political system and amid Libya’s emergence from international isolation. Economic reforms
embraced changes to Libya’s former socialist model to meet current needs, even as political
reforms languished amid disputes between hard-line political forces and reform advocates. In
general, the legacies of Italian colonial occupation and Libya’s struggle for independence
continue to influence Libyan politics. This is reflected in the celebration of the legacy of the anticolonial figure Omar al Mukhtar during the current uprising. Prior to the recent unrest, rhetorical
references to preserving sovereignty and resistance to foreign domination were common in
political statements from all parties. Wariness of ground-based intervention and the slogan
“Libyans can do it on their own” common among some Libyans in Benghazi reflect that
sentiment. Most Libyans accept a prominent role for Islamic tradition in public life, but differ in
their personal preferences and interpretations of their faith. Islam is the official religion and the
Quran is the nominal basis for the country’s law and its “social code.”
Tribal relationships have remained socially important, particularly in non-urban settings, and have
had some political role under Qadhafi with regard to the distribution of leadership rolespositions in
government ministries, in some economic relationships between some social groups and families,
and in political-military relations. Tribal loyalties reportedly remain strong within and between
branches of the armed services, and members of Qadhafi’s tribe, the Qadhafa, have held many
high-ranking government positions. Some members of larger tribes, such as the Magariha,
Misurata, and the Warfalla, have sought to advance their broad interests through control of
official positions of influence and some of their members have opposed the regime on grounds of
tribal discrimination. Some Libyan military and security officials staged limited, unsuccessful
coup attempts against Qadhafi in 1993 and 1996 based in part on tribal and familial rivalries.
Unsuccessful plotters were sentenced to death.
Prior to the current conflict, the Qadhafi government had performed periodic reassignments and
purges of the officer corps to limit the likelihood of organized opposition reemerging from within
the military. However, these political considerations were largely seen to have affected the
military’s preparedness and war fighting capability and in any case appear not to have prevented
the defection of some military officers and units. Competition for influence among Libya’s
regions characterized the pre-Qadhafi period and some saw the 1969 Qadhafi-led revolution as
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having been partly facilitated by western and southern Libyan resentments of the Al Sanusi
monarchy based in the eastern Libyan region of Cyrenaica. Contemporary Libyan politics have not
not been dominated by overt inter-regional tension, although pro-Qadhafi forces have accused the
organizers and leaders of the current opposition as having, inter alia, an eastern regional separatist
agenda. The opposition TNC has denied these accusations. Some reports suggest that federalism
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is one model being explored by some opposition supporters. The TNC has not endorsed
federalism to date.
Political parties and all opposition groups are banned in Libya under law number 71 of 1972.
Formal political pluralism has been frowned upon by many members of the ruling elite, even as
in the period preceding the unrest some regime figures had advocated for greater popular
participation in existing government institutions. The lack of widespread experience in formal
political organization, competition, and administration is likely to remain a challenge, regardless
of the military outcome. As indicated above, nascent political and social groups in Benghazi and
other eastern areas reportedly seek external training and support to overcome the legacy of
decades of restrictions.
Qadhafi and the Libyan Government
Muammar al Qadhafi
Muammar al Qadhafi was born in 1942 near the central coastal city of Sirte. His family belongs
to one of five branches of the relatively small Qadhafa tribe, and his upbringing was modest. As a
young man Qadhafi identified strongly with Arab nationalist and socialist ideologies espoused by
leaders such as Egypt’s Gamal Abdel Nasser. Although he was excluded from the elite Cyrenaica
Defense Forces on a tribal basis during the Libyan monarchy period, Qadhafi was commissioned
as a regular army captain following stints at the Libyan military academy in Benghazi and the
United Kingdom’s Royal Military Academy at Sandhurst. Following his return to Libya, he led
the September 1, 1969, overthrow of the Libyan monarchy with a group of fellow officers. He
was 27 years old. His subsequent partnerships and disputes with fellow coup plotters have helped
define Libya’s political dynamics during his rule and are shaping events during the current unrest.
Qadhafi has proven to be a controversial, complex, and contradictory political survivor during his
long reign in Libya, in spite of numerous internal and external challenges to his rule. He has
exercised nearly complete, if, at times, indirect political control over Libya over the last 40-plus
years by carefully balancing and manipulating complex patronage networks, traditional tribal
structures, and byzantine layers of national, regional, and local governance. Libya’s foreign and
domestic policies nominally have been based on his personal ideology. In the past, Qadhafi and
his supporters have imposed his theories with realistic purpose and precision, not hesitating to
crush coup attempts, assassinate dissidents abroad, or sponsor violent movements and terrorist
attacks against Libya’s perceived external enemies. His use of force in response to the 2011
uprising reflects his responses to previous challenges to his continued “guidance.” Opposition
forces and citizens of various political orientations and various levels of capability consistently
have failed to dislodge Qadhafi over the last 40 years, often with terminal results. He remains
defiant in the face of coalition military operations and has sought to rally and arm his supporters.
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The Qadhafi Family and Prominent Officials: Selected Profiles
Personally, Muammar al Qadhafi often is described as mercurial, charismatic, shrewd, and
reclusive. He has been married twice and has eight children: seven sons and one daughter.
Qadhafi’s children play various formal and informal roles in Libyan politics, and some are taking
active public roles in efforts to crush the ongoing revolt.
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•
Sayf al Islam Al Qadhafi. 7780 The eldest of Qadhafi’s sons from his current
marriage, Sayf al Islam was viewed until recently as a strong proponent of
political reform in Libya, amid some unverified claims about his involvement in
corrupt business practices. During the crisis he has rallied strongly to the defense
of the government and his family to the dismay of some of his former
international interlocutors, including some in the United States. Images of Sayf al
Islam rallying Qadhafi supporters and threatening opposition forces have
overshadowed his continuing references to the pursuit of a reform agenda
following any resolution of the conflict. Skepticism appears to have replaced
hope in the minds of those outside observers who felt that he could emerge as a
figure able to lead Libya toward a more open political future. The U.S.
government has designated Sayf al Islam pursuant to E.O.13566 and he is named
in the targeted sanctions Annex to U.N. Security Council Resolution 1970.
•
Mutassim Al Qadhafi. Qadhafi’s fifth-eldest son, the 33-year old Mutassim Al
Qadhafi is a former military officer and serves as national security advisor to his
father. He visited the United States in late 2009 for consultations with Obama
Administration officials, including Secretary of State Clinton, with whom he
appeared publicly. He reportedly has engaged in competition with his brothers
and other regime figures for influence within Qadhafi’s inner circle. The U.S.
government has designated him pursuant to E.O.13566 and he is named in the
targeted sanctions Annex to Resolution 1970.
•
Khamis Al Qadhafi. Qadhafi’s sixth eldest son, Khamis al Qadhafi commands
an elite military unit known as the 32nd Brigade that often bears his name in press
reporting. The unit is rumored to have been on the front line of pro-Qadhafi
forces’ counterattacks against opposition held areas. The U.S. government has
designated him pursuant to E.O.13566 and he is named in the targeted sanctions
Annex to Resolution 1970.
Former intelligence chief and Foreign Minister Musa Kusa remained supportive of Qadhafi
during the early weeks of the crisis, but defected and fled to the United Kingdom in late March.
Kusa was designated pursuant to Executive Order 13566, but was removed from the designation
list after his defection. National Oil Company chairman Shoukri Ghanem and Prime Minister Al
Baghdadi al Mahmoudi remained loyal to Qadhafi and were designated pursuant to E.O.13566 on
April 8. Ghanem subsequently defected in early June and the targeted sanctions were removed
effective June 21. The status of some members of Qadhafi’s
security establishment and founding
members of the Revolution Command Council that
overthrew the monarchy is unclear, including
General Mustafa al Kharrubi and Defense Minister
General Abu Bakr Younis Jaber. Military
Intelligence and External Security Organization director
Abdullah al Senussi was named alongside Qadhafi and his son Sayf al Islam as one of three
individuals for whom the International Criminal Court (ICC) prosecutor is seeking arrest
warrants.
77 Abdullah al Senussi was named
80
For a detailed profile of Sayf al Islam al Qadhafi and an example of the pre-uprising discussion about the possibility
of his succeeding his father, see Yehudit Ronen, “Libya’s Rising Star: Said Al-Islam and Succession,” Middle East
Policy, Vol. XII, No. 3, Fall 2005, pp. 136-44.
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alongside Qadhafi and his son Sayf al Islam as one of three individuals for whom the
International Criminal Court (ICC) has issued arrest warrants.
Opposition Groups
Prior to the 2011 uprising, Libya’s opposition movements were often categorized broadly as
Islamist, royalist, or secular nationalist in orientation. Their activities and effectiveness had been
largely limited by disorganization, rivalry, and ideological differences. New efforts to coordinate
opposition activities had begun in response to Libya’s reintegration to the international
community and the emergence of a broader political reform debate in the Arab world, and gained
momentum with the outbreak of region-wide protests and political change in late 2010 and early
2011. The infusion of popular support and regime defectors to the general opposition cause inside
Libya was welcomed by many established opposition groups, even if the specific political
demands of newly active opposition supporters and their compatibility with the agendas of the
established groups remain unclear. U.S. policymakers continue to seek more information on the
identities and backgrounds of various opposition leaders and groups; the capabilities of armed
opposition supporters; and the intentions, goals, and legitimacy of opposition elements.
Interim Transitional National Council (TNC)
Opposition groups have formed ana 45-member Interim Transitional National Council (TNC) that is seeking
seeking international recognition as the representative of the Libyan people from its base in
Benghazi. 78
81 The group has demonstrated some domestic political legitimacy and authority, and its stated
stated aspirations and appeals are addressed to all Libyans. Its claims also have been endorsed by some
some Libyans abroad, including some Libyan expatriate groups in Europe and the United States. The
The TNC states that many of the local and regional citizen councils that formed across Libya in the
the wake of the uprising have endorsed the Council and its agenda. However, limited information is
is available about the TNC’s relationships with many emergent opposition leaders, particularly in
western Libya, whose identities TNC leaders have claimed need to remain secret for their
protection. To date, France, Italy, Qatar, Kuwait, and the Maldives have formally recognized the
TNC as the legitimate diplomatic representative of the Libyan people.several governments have recognized the TNC as “the legitimate
representative of the Libyan people.” The United States government refers to the TNC as “the
legitimate interlocutor for the Libyan people during this interim period.”
Qadhafi and his supporters have accused his opponents, including the TNC, of having an eastern
regional separatist agenda and of serving as a front for Al Qaeda. The TNC has denied these
accusations, stressing its broad nationalist orientation and denying formal connections to religious
militants, while acknowledging that some Islamists, including former Libyan Islamic Fighting
Group members, are involved in military operations against pro-Qadhafi forces. Some
nongovernmental organization representatives who have travelled to eastern Libya in April and early
strongly deny
the Council has either an eastern regional or Islamist agenda.79 Their reports
82 The Administration reported to
Congress that “The TNC has emphasized the importance of representing all regions and people in
Libya and even includes members from regime-controlled areas such as Tripoli and Sebha.”
Independent reports suggest ad hoc political organization is ongoing across opposition held areas
and much of it
reflects a desire for institution-based, democratic governance rooted in the rule of law.
law.
81
82
Limited, basic information from the ITNC can be found on its website, http://ntclibya.org/english/.
CRS conversations with NGO representatives.
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Information is limited on TNC relations with and views toward tribal groups and local authorities
in western and southern
Libya that have remained loyal to Qadhafi are not known. The TNC’s approach to
loyalist groups
in western Libya could prove decisive in negotiating a political solution to the crisis. Some
crisis. According to the Obama Administration’s reporting to Congress, “the TNC has shown a
willingness to work with technocrats from the regime, provided they have not participated in
human rights violations.” Some opposition supporters, including the Libyan Muslim
Brotherhood, have indicated they will not
support the participation of former government
officials in any future transitional political
78
79
Limited, basic information from the ITNC can be found on its website, http://ntclibya.org/english/.
CRS conversations with NGO representatives.
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arrangement, although their positions could change or,
in the end, have little effect on political
outcomes.
The TNC has laid out key aspects of its political platform and approach to the conflict in a bid to
communicate clearly with domestic supporters and potential international sponsors and donors.
The TNC also has taken steps to clarify the legislative role of the Council and the executive role
role of its
“crisis-management team” or “executive bureau” and has spelled out ambitious plans with regard
to a potential
transition. The team or executive authoritybureau plays a cabinet function with individuals responsible
responsible for discrete portfolios including internal security, foreign relations, social affairs, and Islamic
Islamic endowments. According to TNC officials, current plans call for local councils to choose a
national committee within 45 days of any post-Qadhafi transition to draft a constitution that
would then be subject to a popular referendum. After the election of a national assembly and
president within a six-month time-frame, the TNC “would be automatically dissolved and its
duties would be over.” According to TNC Chairman Mustafa Abdeljalil, “current council
members are not allowed to take up executive positions in the first national government.”
On March 22, a Council statement said,
The Interim National Council is committed to the ultimate goal of the revolution; namely to
build a constitutional democratic civil state based on the rule of law, respect for human rights
and the guarantee of equal rights and opportunities for all its citizens including full political
participations by all citizens and equal opportunities between men and women and the
promotion of women empowerment. Libya will become a state which respects universal core
values that are embedded in the rich cultural diversities around the globe which includes
justice, freedom, human rights, and non-violence.
On March 29, the Council released a statement on “a vision of a democratic Libya,” which states
the Council’s view of its “obligation” to “draft a national constitution” with separation of
“legislative, executive and judicial powers” and measures to protect free association, political
participation, voting rights, and “freedom of expression through media, peaceful protests,
demonstrations and sit-ins and other means of communication, in accordance with the
constitution and its laws in a way that protects public security and social peace.”
A March 30 statement on counterterrorism affirmed the Council’s support for United Nations
Security Council resolutions on Al Qaeda and the Taliban and U.N. conventions on terrorism. The
statement “affirms the Islamic identity of the Libyan People, its commitment to the moderate
Islamic values, its full rejection to the extremist ideas and its commitment to combating them in
all circumstances, and refuses the allegations aiming to associate al-Qaeda with the revolutionists
in Libya.” This built on the Council’s March 29 statement, which said, “The state to which we
aspire will denounce violence, terrorism, intolerance and cultural isolation; while respecting
human rights, rules and principles of citizenship and the rights of minorities and those most
vulnerable.”
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Prominent TNC and Opposition Figures80Figures83
•
Mustafa Abdeljalil. (aka Mustafa Abdeljalil Fadl) Serves as chairman of the
Interim Transitional National Council. He served as Libya’s justice minister from
2007 through the onset of the uprising. He is known for having been supportive
of some reform initiatives advanced by Sayf al Islam al Qadhafi and for
challenging Muammar al Qadhafi and his supporters regarding due process and
incarceration of prisoners in some prominent legal cases during 2009 and 2010.
He attempted to resign from his position in early 2010.8184 He is a native of Bayda,
where he once served as chief judge. He is 59 years old. In February, Abdeljalil
claimed to have evidence that Qadhafi ordered the terrorist attack on Pan Am
Flight 103. Libyan State Television carried a report on March 9 from the
government General Bureau for Criminal Investigation offering, “A reward of
half a million Libyan dinars [about $400,000] … to whoever captures the spying
agent called Mustafa Muhammad Abdeljalil Fadl and turns him in.”
•
Mahmoud Jibril. (aka Mahmoud Jibril Ibrahim Al Warfali) Mahmoud Jibril
serves as the foreign affairs representative for the opposition Interim Transitional
National Council (TNC), based in the eastern Libyan city of Benghazi. He is a
interim Prime Minister and the foreign affairs representative for the
executive bureau of the TNC. He is a graduate of the University of Pittsburgh,
where he earned a masters degree in
political science and a Ph.D. in planning in
the early 1980s. He is 58 years old,
and is described by personal acquaintances
and professional contacts as being
intelligent, moderate, analytical, detail-orienteddetailoriented, and an articulate English
speaker. He worked as an independent
consultant prior to serving as the secretary
of the Libyan National Planning
Council and director-general of the National
Economic Development Board
(NEDB) from 2007 onward. The NEDB was a
government entity affiliated with
Muammar al Qadhafi’s relatively reformorientedreform-oriented son Sayf al Islam that was
tasked with proposing institutional reform
and attracting foreign investment and
educational exchange opportunities to
Libya. Since early March 2011, Jibril has
travelled around Europe and the
Middle East with his counterpart Ali al Issawi
working to secure international
recognition of and support for the TNC and the
broader opposition movement
they claim to represent. During this period, Jibril
met with Secretary of State
Hillary Rodham Clinton in Paris and London. He
visited Washington, DC during
the week of May 9 and met with Members of
Congress, Senators, and
Administration officials.
•
Ali Al Issawi. Serves as a foreign affairs representative for the Council. He was
born in Benghazi and is 45 years old. He served as minister of economy, trade,
and investment from 2007 to 2009.
•
Fathi Terbil. Serves as the youth representative to the Council. He is a legal
advocate from Benghazi who represented some families of victims of the 1996
Abu Salim prison massacre in which Libyan security forces are alleged to have
murdered over 1,000 prisoners to put down an uprising. His arrest and release on
80
February 15, 2011, sparked an initial series of protests and confrontations that
83
This section reflects material found in David Gritten, “Key figures in Libya’s rebel council,” BBC News, March 10,
2011, and is supplemented with information derived from other international media and academic sources. Public
profile information remains incomplete or limited for many leading opposition figures and regime defectors.
8184
OSC Report GMP20100128950040, “Libyan Minister of Justice Resigns Over ‘Harsh’ Criticism in People’s
Congress,” January 28, 2010.
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February 15, 2011, sparked an initial series of protests and confrontations that
eventually fueled the broader uprising. In subsequent interviews, he has claimed
that he was arrested five times prior to the recent unrest and has been tortured by
Libyan security forces.
•
Abdel Hafez Ghoga. Serves as vice-chairman and spokesman for the Council.
He is described in the Libyan press as a “human rights lawyer and community
organizer.” Reports suggest that Ghoga had been working to organize a national
transitional council at the same time as Mustafa Abdeljalil and others were
working to form the TNC. The two figures reportedly agreed to cooperate.
•
Dr. Salwa Fawzi al Deghali. Serves as the Council representative for women.
She is a lawyer and a native of Benghazi. She described her view of the
challenges facing the opposition in a March 11 interview with an Egyptian
newspaper: “We have never had any real organizational experience in Libya,
through parties or independent professional associations. Suddenly, we have an
entire city to run.”8285
•
Ahmed al Zubayr al Sanusi. Serves as a Council member. He is known as
“Libya’s longest-serving ‘prisoner of conscience’” because he was jailed on
accusations of plotting a coup in 1970 and not released until 2001. He is a
relative of former King Idris.
Opposition Military Forces
A military council has been established in parallel to the TNC to coordinate the efforts of
volunteers and defectors. 8386 TNC representatives have sought to manage rivalries among leading
defectors, former exiles, and volunteers, while remaining vague about the role of military forces
who defected in the opposition’s efforts to date. Rebel advances westward toward central Libya
do not appear to have featured regular military units, and regular units have not been prominent in
international media coverage of opposition forces’ retreat eastward in the face of an ongoing
counterattacks by pro-Qadhafi forces. TNC leaders continue to call for robust NATO strikes
against Qadhafi forces and publicly reject open-ended direct military intervention by foreign
ground forces.
Regular military forces that have defected to the opposition cause have not been consistently
visible in leadership roles in operations thus far, although some media reports suggest that some
officers are providing guidance and training to the lightly armed and predominantly young
volunteers who appear to make up the core of the opposition forces. Those forces include the “17
82February Forces,” the “Army of Free Libya,” and groups made up of various secular and Islamist
85
OSC Report GMP20110311966049, “Benghazi’s lawyers, Libya’s revolutionaries,” March 11, 2011.
Its full make-up is not publicly known, although some prominent figures who have defected from the security forces
apparently are members. On March 10 and 11, TNC representatives deflected press questions about the military council
and indicated its makeup and plans were “secret” in spite of previous public reports on its makeup. On March 2,
London-based Arabic language newspaper Al Sharq Al Awsat published the following list of the makeup of the military
council: “Military Police: Brigadier General Yusuf Lusayfir; Military Intelligence:Col. Hasan Faraj al-Majrisi; Air
Force: Brig. Gen. Miftah Fannush; Air Defense: Col. Muhammad Hammad al-Kazzah; Electronic Communications and
Support: Col. Izz-al-Din al-Isawi; Naval Forces: Capt. Faraj al-Mahdawi; Special Forces: Col. Wanis Bukhamadah;
Vehicles and Technical Affairs: Col. Engineer Najib I'maysh; Supplies and Provisions: Col. Fathi al-Mismari; Missiles:
Col. Muhammad Abd-al-Qadir Salih; Infantry Units: Col. Tariq al-Darsi; Public Security: Brig. Gen. Ashur Shawayil;
Military Prosecution: Col. Salih al-Bishari; and Military Judiciary: Col Al-Amin Abd-al-Wahhab.” See OSC Report
GMP20110302825014, “Report Names Members of Benghazi’s Military Council,” March 2, 2011.
8386
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February Forces,” the “Army of Free Libya,” and groups made up of various secular and Islamist
volunteers. Consistent coordination among these different elements is not apparent, and key
figures Abdelfattah Younis al Ubaydi and Khalifah Belqasim Haftar reportedly are competing for
leadership of the opposition’s overall efforts.8487 Reporting from combat areas in eastern Libya
regularly describes the opposition as mostly untrained, poorly equipped, uncoordinated, and
without professional logistics or communications support.8588
Prominent opposition military and security figures include
•
Omar al Hariri. Serves as the military affairs representative (or “defense
minister”) on the TNC. Hariri participated in 1969 anti-monarchy coup alongside
Qadhafi, but later was imprisoned and sentenced to death on suspicion of plotting
an uprising in 1975. He was moved to Tobruk and placed under house arrest in
1990. He is 67 years old. He has been quoted as calling for “a multi-party
system” in the event that Qadhafi is deposed.
•
Abdelfattah Younis al Ubaydi. Participated in the 1969 anti-monarchy coup
alongside Qadhafi. He had been serving as minister for public security and a
special forces commander, which put him in charge of some internal security
forces through the start of the uprising. His resignation and defection came just
hours after Muammar al Qadhafi specifically named him as one of his key
supporters in a February 22 speech. Human rights concerns prior to and
potentially during the beginning of the unrest could have involved forces under
his command. He is identified as the TNC-appointed leader of military operations
by some opposition forces, and he remains an outspoken advocate for the
opposition cause in interviews with international media outlets.
•
Colonel Khalifah Belqasim Haftar. A veteran of the ill-fated Libyan invasion of
Chad during the 1980s, he turned against Qadhafi. Colonel Haftar returned to
Libya from exile in the United States after the uprising began. 8689 In the past,
Haftar has been mentioned as a leader of the Libyan Movement for Change and
Reform and the Libyan National Army, an armed opposition group reported to
have received support from foreign intelligence agencies and alleged to have
been involved in past attempts to overthrow Qadhafi. 8790 Press reports suggest
84
Haftar is now contributing to opposition training and command efforts and has
87
Kareem Fahim, “Rebel leadership shows signs of strain in Libya,” New York Times, April 4, 2011; Kim Sengupta,
“Divided and disorganised, Libyan rebel military turn on NATO allies,” The Independent (UK), April 7, 2011; and,
Rod Nordland, “As British Help Libyan Rebels, Aid Goes to a Divided Force,” New York Times, April 19, 2011.
8588
One early April account described the opposition forces as follows: “The hard core of the fighters has been the
shabaab—the young people whose protests in mid-February sparked the uprising. They range from street toughs to
university students (many in computer science, engineering, or medicine), and have been joined by unemployed
hipsters and middle-aged mechanics, merchants, and storekeepers. There is a contingent of workers for foreign
companies: oil and maritime engineers, construction supervisors, translators. There are former soldiers, their gunstocks
painted red, green, and black—the suddenly ubiquitous colors of the pre-Qaddafi Libyan flag. And there are a few
bearded religious men, more disciplined than the others, who appear intent on fighting at the dangerous tip of the
advancing lines.… With professional training and leadership (presumably from abroad), the rebels may eventually turn
into something like a proper army. But, for now, they have perhaps only a thousand trained fighters, and are woefully
outgunned.” Jon Lee Anderson, “Who are the Rebels?” The New Yorker, April 4, 2011.
8689
Chris Adams, “Libyan rebel leader spent much of past 20 years in suburban Virginia,” McClatchy Newspapers,
March 26, 2011.
8790
OSC Report FTS19960821000373, “U.S.-Based Oppositionist Has ‘Secret Meetings’ Near Tripoli,” August 21,
1996.
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Haftar is now contributing to opposition training and command efforts and has
either taken or been granted the rank/title of General. Reports also suggest that
the TNC may have sought to remove him from a command role, and that Haftar
has resisted those efforts.
•
Major Abdelmoneim Al Huni. An original member of the Revolution
Command Council, Al Huni had been serving as Libya’s representative to the
Arab League and resigned in protest of the use of force against protestors.
Regional press accounts from the 1990s describe Al Huni as having coordinated
with the opposition efforts of Colonel Haftar and others, before Al Huni
reconciled with Qadhafi in 2000.
•
Fawzi Bukatef. A civilian volunteer and petroleum engineer. Bukatef reportedly
has led training efforts for other civilian volunteers and forces affiliated with him
reportedly have received hundreds of AK-47 assault rifles from a foreign donor. 8891
Exiles and Al Sanusi Monarchy Figures
Complex relationships among former regime figures, competing heirs to the former monarchy,
and long-standing opposition leaders may evolve as the conflict unfolds and if specific
arrangements begin to be made for reconciliation and/or a new government.
Opposition groups in exile have included the National Alliance, the Libyan National Movement
(LNM), the Libyan Movement for Change and Reform, the Islamist Rally, the National Libyan
Salvation Front (NLSF), and the Republican Rally for Democracy and Justice. These groups and
others held an opposition conference—known as the National Conference for the Libyan
Opposition (NCLO)—in July 2005 in London and issued a “national accord,” calling for the
removal of Qadhafi from power and the establishment of a transitional government.8992 A follow-up
meeting was held in March 2008.9093 The NCLO reportedly helped lead the call for the February
17, 2011, “day of rage” that helped catalyze protests into a full-blown uprising against the
Qadhafi regime.
A royalist contingent based on the widely recognized claim to the leadership of the royal family
by Mohammed al Rida al Sanusi, the son of the former crown prince, has been based in London. 9194
His claim is disputed by a distant relative, whose family members also have given interviews to
international media outlets. On April 20, Mohammed al Sanusi met with members of the
European Parliament and said, “it is up to the Libyan people to decide whether they go down the
road of a constitutional monarchy or that of a republic.” The Libyan constitutional monarchy
88system was overturned by Qadhafi in 1969, and Al Sanusi believes the old constitution, if
91
Rod Nordland, “As British Help Libyan Rebels, Aid Goes to a Divided Force,” New York Times, April 19, 2011.
May Youssef, “Anti-Gaddafists Rally in London,” Al Ahram Weekly (Cairo), No. 749, June 30 - July 6, 2005; Al
Jazeera (Doha), “Opposition Plans to Oust Al Qadhafi,” June 25, 2005; Middle East Mirror, “Libya’s Fractured
Opposition,” July 29, 2005.
9093
“Libyan Opposition Groups Meet in London To Reiterate Commitment To Save Libya,” OSC Report
GMP20080329825012, March 29, 2008.
9194
His family name also is transliterated as Al Senussi. Immediately prior to his departure for medical treatment in
August 1969, the late King Idris signaled his intent to abdicate and pass authority to his crown prince and nephew,
Hasan al Rida al Mahdi al Sanusi. Crown Prince Hasan was serving as regent during the Qadhafi coup, and he and his
family were imprisoned and placed under house arrest until being allowed to leave Libya in the late 1980s. Each of
King Idris’s potential direct heirs died as children. Upon Prince Hasan’s death in 1992, he passed the title of head of the
Al Sanusi royal house to his son, Prince Mohammed al Rida al Sanusi.
8992
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system was overturned by Qadhafi in 1969, and Al Sanusi believes the old constitution, if
“suitably updated,” could “form the basis of a new Libya.” He also has pledged to “assist in
creating a democratic state for Libyans based on a representative parliament chosen by free and
fair elections.”
In a September 2005 interview, then-Foreign Minister Abd al Rahman Shalgam characterized
some of the regime’s expatriate opponents as individuals who fled the country after committing
economic crimes or collaborating with foreign intelligence services. He then invited any
expatriate dissidents who had not committed crimes to return to Libya.9295 Shalgam has now joined
the opposition movement and is speaking as a representative of the TNC in Washington, DC, and
at the United Nations in New York.
The Muslim Brotherhood
A statement attributed to the Libyan Muslim Brotherhood in late February 2011 welcomed the
formation of the TNC but called for a future, non-tribal government to “be formed by those who
actually led the revolution on the ground” and to exclude supporters of the original Qadhafi coup
or officials involved in human rights violations. 9396 This would seem to implicate some original
Qadhafi allies and security officials who have defected to the opposition cause. In the past, the
controller general of the Libyan Muslim Brotherhood, Suleiman Abdel Qadir, has described the
Brotherhood’s objectives as peaceful and policy-focused, and has long called for the cancellation
of laws restricting political rights.9497
Like other political organizations and opposition groups, the Muslim Brotherhood is banned in
Libya under law number 71 of 1972. Since the late 1940s, when members of the Egyptian
Muslim Brotherhood first entered Libya following a crackdown on their activities, the Libyan
Muslim Brotherhood has existed as a semi-official organization. Hundreds of Brotherhood
members and activists were jailed in 1973, although the Brotherhood eventually reemerged and
operated as a clandestine organization for much of the following two decades. In 1998, a second
round of mass arrests took place, and 152 Brotherhood leaders and members were arrested.
Several reportedly died in custody, and, following trials in 2001 and 2002, two prominent
Brotherhood leaders were sentenced to death and over 70 were sentenced to life in prison. The
government announced a retrial for the imprisoned Brotherhood activists in October 2005, and in
March 2006, the group’s 84 remaining imprisoned members were released.95
9298
95
“Libya’s Shalgam on Ties With US, S. Arabia, Opposition,” OSC Report GMP20050924512001, September 24,
2005.
9396
OSC Report GMP20110228405001, “Libyan Muslim Brotherhood Group Supports ‘Glorious Revolution,’” February
28, 2011.
9497
In 2007, Abdel Qadir responded to political reform statements by Sayf al Islam al Qadhafi with calls for more
inclusive, consultative decision making. In a November 2008 interview, Abdel Qadir noted that reform outreach was
taking place under the auspices of the Qadhafi Foundation and not through official state organs, which in his view
undermined the significance of the outreach. He also repeated calls for reform and reconciliation aimed at creating a
constitution and protecting civil rights for Libyans. See OSC Report GMP20050803550006, “Al Jazirah TV Interviews
Libyan Muslim Brotherhood Leader on Current Situation,” August 3, 2005; OSC Report GMP20070830282001,
“Libyan MB Concerned Over Sayf al-Islam’s Statements Regarding New Constitution,” August 30, 2007; and, OSC
Report GMP20081111635001, “Libyan Muslim Brotherhood Official on Libya’s Foreign, Domestic Politics,”
November 10, 2008.
9598
Afaf El Geblawi, “Libya Frees All Jailed Muslim Brotherhood Members,” Agence France Presse, March 3, 2006.
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Libyan Islamic Fighting Group (LIFG)/Libyan Islamic Movement for
Change (LIMC)
Prior to the 2011 uprising that began in eastern Libya, some reports examined whether the region
was a stronghold for Libyan Islamic Fighting Group (LIFG) members and other extremist groups
that might pose a threat to Libya’s security and potentially to regional security.9699 Some Members
of Congress have expressed concern that violent Islamists may seek to exploit the conflict in
Libya or any post-conflict transition. On March 29, NATO Supreme Allied Commander, Europe
U.S. Admiral James Stavridis said in Senate testimony that, at present, he does not have “detail
sufficient to say that there’s a significant Al Qaida presence or any other terrorist presence in and
among” the Libyan opposition.97100 The full effect of the ongoing unrest on the views, positions, and
and activities of former-LIFG personnel and other potentially armed Islamist groups has not yet been
been determined, although some former LIFG members appear to be providing security in opposition
opposition held areas and engaging in fighting against pro-Qadhafi forces. Libyan government officials
officials claim that some LIFG members previously released as part of the government-approved
reconciliation process participated in violence at the beginning of the recent uprising and the
government has accused some individuals of seeking to establish “Islamic emirates” in eastern
Libya.98101 Some opposition figures have decried the government accusations as scare tactics.
The LIFG is an Islamist movement that used violence as a means to overthrow the Qadhafi
government.99102 In recent years, its then-imprisoned leaders engaged in a dialogue and
reconciliation process with the Qadhafi Foundation, and over 200 LIFG members were released,
including senior leaders and former commanders (see below).100103 Some Libya-based members of
the LIFG responded to the release of leading figures on February 16 by announcing the
reorganization of the group as the Libyan Islamic Movement for Change (LIMC). The LIMC
demands political change and an end to corruption, and has underscored its decision to “enter a
new stage of struggle in which we do not adopt an armed program but a belief in the Libyan
people’s ability to bring about the change to which we are aspiring.”101104 Muammar al Qadhafi has
both blamed Al Qaeda and violent Islamists for instigating the uprising, and, on March 15, he
9699
Peraino, “Destination Martyrdom,” Newsweek, April 19, 2008. For more information on AQIM see CRS Report
RS21532, Algeria: Current Issues, by Alexis Arieff, and CRS Report R41070, Al Qaeda and Affiliates: Historical
Perspective, Global Presence, and Implications for U.S. Policy, coordinated by John Rollins.
97100
Testimony of Admiral James Stavridis before the Senate Armed Services Committee, March 29, 2011.
98101
Libyan authorities specifically named Abdelkarim Ahsadi [a likely misspelling of Abdelhakim Al Hasadi],
Khayrallah Barasi, Mohamed Darnawi, and Abou Sofian Ben Guemou, a former U.S. detainee at Guantanamo Bay,
Cuba, who Libyan officials released in September 2010. Libyan government claims have not been independently
verified. OSC Report GMP20110223950040, “Senior Libyan Security Official Gives Details on Unrest in Benghazi
Tripoli,” February 22, 2011.
99102
According to the State Department, the LIFG has attempted to assassinate Qadhafi four times, but “has been largely
inactive operationally in Libya since the late 1990s.” The August 2010 State Department report on terrorism noted the
reconciliation announcements in Libya and stated that, “To date, the November 3, 2007 merger with AQ, which many
LIFG members in Europe and Libya did not recognize, has not resulted in a significant increase in LIFG activities
within Libya.” See U.S. Department of State, “Terrorist Organizations: LIFG,” Country Reports on Terrorism 2009,
August 2010.
100103
Prominent prisoners released under the auspices of the reconciliation program include former LIFG leader
Abdelhakim al Khuwaylidi Belhadj, former military director Khaled Sharif, and leading LIFG ideologue Sami Sa’idi.
OSC Report GMP20100323950045, “Three leaders of Libyan Fighting Group freed – paper,” March 23, 2010.
101104
OSC Report GMP20110217825017, “Libya: IFG Elements Establish New Group Aiming for Peaceful Regime
Change,” February 17, 2011.
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threatened to join them if the United States or European countries intervened militarily in the
conflict.102105
Al Qaeda Affiliation and Recantations
The United States froze the LIFG’s U.S. assets under Executive Order 13224 in September 2001,
and formally designated the LIFG as a Foreign Terrorist Organization in December 2004. In
February 2006, the U.S. Department of the Treasury designated five individuals and four entities
in the United Kingdom as Specially Designated Global Terrorists for their role in supporting the
LIFG.103106 On October 30, 2008, Treasury designated three more LIFG financiers.104107 Some
observers characterized the designations as a U.S. gesture of solidarity with the Libyan
government and argued that the ability and willingness of the LIFG to mount terror attacks in
Libya may have been limited. Others claimed that some LIFG fighters were allied with other
violent Islamist groups operating in the trans-Sahara region, and cited evidence of Libyan fighters
joining the Iraqi insurgency as an indication of ongoing Islamist militancy in Libya and a
harbinger of a possible increase in violence associated with fighters returning from Iraq.105108
In November 2007, Al Qaeda figures Ayman al Zawahiri and Abu Layth al Libi announced the
merger of the LIFG with Al Qaeda, which many terrorism analysts viewed at the time as having
political rather than operational relevance. 106109 Abu Layth Al Libi was killed in an air strike in
Pakistan in February 2008. The group’s reported ties with Al Qaeda came under scrutiny in July
2009 after group members based in Britain reportedly renounced the group’s affiliation with Al
Qaeda, and contrasted the LIFG with others who use indiscriminate bombing and target
civilians. 107110 The statement warned that the group would “preserve [its] lawful and natural right to
oppose the regime if it does not turn its back on its previous policy that has led to tension and
deadlock.”
The Libyan government and the LIFG reached an agreement in which LIFG leaders renounced
violence against the Libyan state, and, later in 2009, the dialogue resulted in the issuance of
written “recantations” of the LIFG’s former views on religion and violence. 108111 In October 2009,
102105
OSC Report EUP20110315058001, “'Exclusive’ Interview With Al-Qadhafi on Insurgency, Western Ties, US, AlQa'ida,” March 15, 2011.
103106
U.S. Department of the Treasury, “Treasury Designates UK-Based Individuals, Entities Financing Al QaidaAffiliated LIFG,” JS-4016, February 8, 2006.
104107
U.S. Department of the Treasury, “Three LIFG Members Designation for Terrorism,” HP-1244, October 30, 2008.
105108
Alison Pargeter, “Militant Groups Pose Security Challenge for Libyan Regime,” Janes Intelligence Review, Vol. 17,
No. 8, August 2005, pp. 16-19.
106109
OSC Report FEA20071104393586, “Al-Zawahiri, Al-Libi: Libyan Islamic Fighting Group Joins Al-Qa’ida,”
November 3, 2007.
107110
In a July 2009 statement, LIFG members in Britain characterized the November 2007 Al Qaeda affiliation
announcement from the late Abu Layth Al Libi as “a personal decision that is at variance with the basic status of the
group,” and sought to “clearly emphasize that the group is not, has never been, and will never be, linked to the Al
Qaeda organization.” OSC Report GMP20090703825003, “Libyan Islamic Fighting Group Abroad Issues Statement
Supporting Regime Dialogue,” July 3, 2009.
108111
“Report on ‘Seething Anger’ in Libya Over Dismantling Al Qa’ida-Linked Cells,” OSC Report
GMP20080630825001 June 30, 2008; “Libya: Jailed Islamic Group Leaders ‘Preparing’ To Renounce Armed
Violence,” OSC Report GMP20080706837002, July 6, 2008; “Libyan Islamic Fighting Group Source Announces
Ideology Revision Nearly Complete,” OSC Report GMP20090615825012, June 15, 2009; and OSC Reports,
GMP20090911452001, GMP20090911452002, GMP2009091145200, GMP20090910488004, GMP20090911452004,
GMP20090915452001, “Libyan Newspaper Publishes Libyan Fighting Group Retractions,” September 2009.
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over 40 LIFG prisoners were released, alongside other Islamists. However, Libyan and U.S.
concerns about LIFG’s domestic and international activities persisted. Qadhafi announced the
release of the final 110 “reconciled” LIFG members at the outset of the 2011 uprising, reportedly
including Abdelwahhab Muhammad Qayid, who has been identified in some sources as the
brother of prominent Al Qaeda ideologue Abu Yahya al Libi. In March 2011, Abu Yahya Al Libi
released a video condemning Qadhafi and calling on Libyans to use arms against Qadhafi
supporters, but to refrain from violence or criminality against each other.109112
Al Qaeda in the Lands of the Islamic Maghreb (AQLIM/AQIM)
U.S. government officials and their regional counterparts remain focused on the potential for the
unrest in Libya to provide opportunities to Al Qaeda’s regional affiliate, Al Qaeda in the Lands of
the Islamic Maghreb (AQLIM/AQIM). Some press reports suggest that AQIM personnel have
obtained weaponry from looted Libyan military stockpiles, including surface-to-air missiles. The
Algerian and Chadian governments continue to express concern about the potential for instability
in Libya to weaken security along Libya’s long borders, which could allow AQIM operatives and
criminal networks that provide services to AQIM to move more freely.
While the imprisoned, Libya-based leaders of the LIFG participated in reconciliation with
Qadhafi’s government and renounced violence as a domestic political tool, the participation of
some of their supporters in efforts to send Libyans abroad to participate in insurgencies and
terrorism has raised concerns about the potential for cooperation between AQIM and some
Libyan Islamists. Former Guantanamo Bay detainee Abu Sufian Hamuda Bin Qumu has attracted
some media attention and one figure, Abdelhakim Al Hasadi, is leading ad hoc security
arrangements in the eastern city of Darnah, which was home to several dozen Libyan recruits who
travelled to Iraq to fight U.S. and coalition forces.110113 Some Libyan observers have been critical of
international media coverage of these individuals and argue they represent an exception and have
been given too much attention.
Al Hasadi claims to have recruited Libyans to fight in Iraq, but has publicly denied accusations he
is affiliated with Al Qaeda or is seeking to establish Islamist rule in Darnah or on a national
basis.111114 TNC oversight of his operations is not apparent, although he has indicated his support for
the Council’s role. In a March interview with Barcelona newspaper El Periodico, Al Hasadi said
“we will not hesitate to kill ourselves in order to defend our country.”112115 Al Hasadi has claimed
that approximately 1,000 volunteers “have been recruited to carry out special activities” and he
has stated that, “We already have the suicide bombers, but they will not be sent to Tripoli, the
capital, for the time being, because there are no explosives and we have to wait.”
On April 16, London-based pan-Arab newspaper Al Hayat published an email interview with a
reported spokesman for AQIM named Salah Abu Muhammad, who confirmed reports that AQIM
109
110112
113
OSC Report GMP20110313479001, “New Abu-Yahya al-Libi Video: ‘To Our People in Libya,’” March 12, 2011.
Kevin Peraino, “Destination Martyrdom,” Newsweek, April 19, 2008.
111114
Al Hasadi appeared on Al Jazeera and read a statement denying the Libyan government’s accusations. See OSC
Report GMP20110225648002, “Libya: Former LIFG Leader Denies Plan To Establish ‘Islamic Emirate’ in Darnah,”
February 25, 2011; and, OSC Report EUP20110322025008, “Libya: Rebel Leader in Derna Denies Local Presence of
Extremists, Al-Qa'ida,” March 22, 2011.
112115
OSC Report EUP20110503178006, “Libyan Rebel Leader Says 1,000 Rebel Recruits Ready To Become Suicide
Bombers,” March 4, 2011.
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had obtained weaponry from Libyan military stockpiles and claimed that AQIM had cooperative
relationships with Al Hasadi and so-called “emirates” in several eastern Libyan cities. A
subsequent statement from another reported AQIM source accused Algerian intelligence services
of fabricating the Abu Muhammad interview.113116 Neither source could be independently verified.
A March 17 statement attributed to AQIM leader Abdelmalik Droukdel (aka Abu Mus’ab al
Wudud) addressed Libyan rebels and sought to associate the Libyan uprising with Al Qaeda’s
campaign against Arab and Western governments.114117 The statement advised Libyans to avoid
cooperation with the United States and “to rally around the revolutionary leaders who are holding
fast to their Islamic faith and whose readiness to make sacrifices has been proven on the
battlefield.” Other AQIM figures have sought to explain that their organization is not seeking to
direct or claim credit for the Libyan uprising, but that AQIM is supportive of the campaign
against Qadhafi. As noted above, U.S. and regional observers continue to monitor statements
from and actions by AQIM and Libyan Islamists closely.
113116
See OSC Report GMP20110416825001, “Al-Qa’ida in Islamic Maghreb Spokesman Says There Are Islamic
Amirates in Libya,” April 16, 2011; and, OSC Report AFP20110418950070, “AQIM accuses Al-Hayat newspaper of
falsifying interview with spokesman,” April 18, 2011.
114117
Droukdel said “the battle you are fighting now with the tyrant...It is itself the battle we fought yesterday and are
fighting today.” See OSC Report GMP20110318405002, “AQIM Amir’s Audio Message to Libya, ‘The Descendants
of Umar al-Mukhtar,’” March 17, 2011.
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Figure 2. Political Map of Libya
Source: Congressional Cartography Program, Library of Congress, Edited by CRS.
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Author Contact Information
Christopher M. Blanchard
Acting Section Research Manager
cblanchard@crs.loc.gov, 7-0428
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