Newswise — Three Cornell University Law School faculty members with an expertise in international law comment on the legality and potential effectiveness of international sanctions against the regime of Libyan dictator Moammar Gadhafi:
Muna Ndulo, professor of law and former U.N. legal advisor:
“The U.N. Security Council’s arms embargo on Libya and the sanctions imposed on leaders of the Gadhafi regime are most welcome, appropriate and decisive. It is also welcome that the Security Council has referred the situation in Libya to the International Criminal Court so it can bring charges of crimes against humanity against members of the Gadhafi regime.
“It is significant that the vote in the Security Council was unanimous, thereby sending a clear message that the world will not tolerate a regime against its people.
“The international community needs to do more to meet the humanitarian crisis that is unfolding in Libya and on the boarders of Libya. The United States is making the right decisions by supporting the U.N. resolutions, but needs to continue to look at other ways to insure violence stops in Libya.”
Jens Ohlin, assistant professor of law:
“As the fighting in Libya continues, the international community is currently considered a wide array of military, diplomatic and legal avenues to pressure Col. Gadhafi to give up control of Tripoli. One possible tactic includes the creation of a no-fly zone over Libya that would prevent Qaddafi from using his air force against his pro-democracy opponents. Although many air force pilots have reportedly defected and refused orders to bomb rebel positions, Gadhafi may very well have some loyalists still willing to do the job.
“There is little doubt that the Security Council has the legal authority to create a no-fly zone, but it is unclear if it will. In the past, China and Russia have blocked attempts by Western powers to get Security Council authorizations.
“If the Security Council is deadlocked, NATO might impose a no-fly zone on its own, which would be more controversial. NATO may attempt to solve this legal dilemma by recognizing the rebels as the new government of Libya and then get its consent for the no-fly zone.”
Aziz Rana, assistant professor of law:
“My view is that a no-fly zone probably would not improve the situation on the ground and might actually be counterproductive. The Libyan regime's capacity to wield violence against its citizens is not primarily through the air. In fact, anti- Gadhafi forces now appear to control most of the country outside of the capital. So while a no fly zone won't actually stop the violence on the ground, it may well close off a means of escape for civilians fleeing Libya or keep Libyan air force pilots from defecting.
“Moreover, if the no fly zone is then enforced through air strikes, this could cause extensive damage to civilians and the country's infrastructure without limiting the regime's ability to repress its population.
“As for more direct military options (up to and including sending ground troops), I worry that the potential risks for civilians outweigh their benefits. Such direct military options would also fundamentally re-shape what has to date been a popular revolt against a despised dictator into a far murkier international conflict.”
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