Libya resolution endorses international responsibility

USS Enterprise Aircraft Carrier. Photo by Benjamin D. Olvey.

The United Nations Security Council agreement to allow the immediate use of military force against Libya shows that it takes the ‘responsibility to protect’ seriously, according to an international law expert from The Australian National University.

The UN Security Council this morning adopted Resolution 1972 with a vote of 10-0 in which five members abstained. China and Russia, which hold a veto over Security Council resolutions, abstained, thereby allowing the passage of the Resolution.

Professor Donald Rothwell of the ANU College of Law says that the passing of the Resolution will allow for an immediate military intervention in the Libyan conflict.

‘The adoption of Security Council Resolution 1972 authorises the immediate use of military force by UN member states against Libya. As this Resolution has been adopted under the Security Council’s Chapter VII powers found in the United Nations Charter, the international validity of the use of force against Libya cannot be challenged,? said Professor Rothwell.

‘The Security Council Resolution indicates that UN Member States can take ’all necessary measures? to protect civilians and civilian populated areas in Libya, which allows for a broad use of all appropriate military measures to respond to the situation in Libya.

?This would extend not only to the imposition of a no-fly zone, but also other measures to protect civilians such as direct engagement of Libyan Government tanks and other artillery positions attacking civilians. While the initial military response will in all likelihood be through the deployment of NATO air forces, there is also the possibility of ground forces being deployed consistent with the Security Council‘s mandate.’

Professor Rothwell added that the decision demonstrated that the international community is taking seriously its responsibility to protect.

‘This is an endorsement of the principle of ’responsibility to protect? which Australian Foreign Minister Kevin Rudd has been actively supporting over the past three weeks, and which ANU Chancellor Professor Gareth Evans has actively promoted throughout the international community over the past 10 years,? said Professor Rothwell.