Both President Obama and the United Nations, particularly the Human Rights Council, deserve criticism for their delayed reaction to the brutality of the Qaddafi regime toward the people of Libya. Though the UN is certainly not known for its swift response to crimes against humanity, the relative indifference to the situation on the part of the leader of the free world, President Obama, is a surprising abandonment of leadership responsibility. The Obama administration has disgracefully chosen play second-string to the bureaucracy and indecision of the international community, which itself has only maneuvered to stop Qaddafi’s maddness in the last few days.
One day after Libya’s United Nations Ambassador Abdurrahman Shalgam pleaded to the United Nations Security Council to “save Libya” from dictator Col. Muammar Qaddafi’s murderous regime, the Security Council listened. Shalgam, whom has been associated with Qaddafi since they both were involved in the coup d’état that toppled Libya’s king in 1969, finally had enough. Reversing his earlier reluctance to directly criticize Qaddafi or call for him to step down, he told the Council on February 25th that Qaddafi’s callous killings of unarmed civilians were on par with the brutalities of Hitler and Pol Pot. “Leave the Libyans alone” was his message to Qaddafi. Sadly, the United States’ UN Ambassador, Susan Rice, was not in the Security Council chamber to hear this historic speech. She was half way around the world in South Africa attending a UN panel discussion on global sustainability.
After some initial hesitancy, the Security Council passed a unanimous resolution on Saturday night, February 26th, imposing strong sanctions on Qaddafi and his close associates. The Security Council resolution also imposed an arms embargo, an international travel ban on sixteen Libyan leaders and a freeze on the assets of Qaddafi and members of his family. It did not, however, impose a no-fly zone over Libya.
In perhaps its most significant move, the Security Council resolution referred the Libyan regime to the International Criminal Court (“ICC”) for an investigation into its “widespread and systematic attacks” against Libyan citizens protesting in the streets for more freedom. This was only the second time that the Security Council has referred a member state to the ICC. The previous case was Sudan.
The Security Council’s decision to refer the Libyan regime to the ICC did not come easily. Brazil and Portugal were among the members of the Council who originally were hesitant to support the referral because of fears of reprisals against their citizens still remaining in Libya. China also showed some initial reluctance. It took a follow-up letter to the Council from Libyan Ambassador Shalgam to overcome this resistance. He wrote:
With reference to the Draft Resolution on Libya before the Security Council, I have the honour to confirm that the Libyan Delegation to the United Nations supports the measures proposed in the draft resolution to hold to account those responsible for the armed attacks against the Libyan Civilians, including trough [sic] the International Criminal Court.
After the Security Council resolution was approved, Ambassador Shalgam said it would “help put an end to this fascist regime.”
Richard Dicker, Director of Human Rights Watch’s international justice program, praised the Security Council for showing “leaders worldwide that it will not tolerate the vicious repression of peaceful protesters. Gaddafi’s henchmen are now on notice that if they give, tolerate or obey orders to fire on peaceful protesters they may find themselves in The Hague.”
The UN Human Rights Council had met in emergency session on the same day that Libyan Ambassador Shalgam had pleaded to the Security Council for help. To its credit, the dysfunctional Human Rights Council got its act together long enough to pass a resolution condemning Qaddafi’s violence against the anti-government protestors and recommending suspension of Libya from its seat on the Human Rights Council. However, two-thirds of voting and present countries in the General Assembly would have to vote to actually suspend or expel Libya from the human rights body.