Coalition bombing may be in breach of UN resolution's legal limits

[Catherina]

Libya: Coalition bombing may be in breach of UN resolution's legal limits
Legal expert warns that forces led by Britain, France and the US face 'a moment of danger' in justifying latest strikes


Robert Booth
guardian.co.uk, Monday 28 March 2011 19.53 BST



The UN security council meet to discuss the situation in Libya. Legal experts say coalition forces may have overstepped the initial UN resolution with their latest strikes. Photograph: Don Emmert/AFP/Getty Images

...

Philippe Sands QC, professor of international law at University College London, warned that coalition forces were facing a "major problem" to justify their latest strikes on legal grounds and Lord Ashdown, the former high representative for Bosnia and Herzegovina, said the coalition forces led by Britain, France and the US were facing "a moment of danger" over the legality of their actions. He said "continued support for this looks as though it is leading to support for regime change, which legally is beyond the security council resolution".

Legal experts said the international coalition may have overstepped what was agreed by the UN resolution sanctioning military action to "take all necessary measures … to protect civilians and civilian populated areas under threat of attack".

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Concern grew as Sergei Lavrov, Russia's foreign minister, said he believed the military action was in breach of international law. "We consider that intervention by the coalition in what is essentially an internal civil war is not sanctioned by the UN security council resolution," he said. Russia abstained from the vote which resulted in resolution 1973.

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His concern was echoed by Grief, who said the latest strikes provided evidence the coalition had taken sides and "may have gone beyond the terms of the resolution" which he said must be interpreted narrowly, under international law. "It is almost as if we have entered the fray openly on behalf of the rebels. We have taken sides, Paradoxically, there is a UN arms embargo in place but raiding Sirte is even better for the rebels than if we were arming them." he said.

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http://www.guardian.co.uk/world/2011/mar/28/libya-bombing-un-resolution-law

[dkf]

1. And if we kill civilians who support Qaddafi aren't we in direct violation of the resolution?

[Gravel Democrat]

5. Killing used to be called murder

maybe it's called kinetic acceleration of death forces or something now




When the going gets weird, the weird turn pro
H Thompson

[Catherina]

6. Yes. We have no right to kill anyone. I hope legal experts push this. n/t

[Distant Observer]

8. It is a war crime under the resolution to kill Gaddafi forces retreating for defending themselves

[jaxx]

2. Just like everything else, the "experts" chime in.

Must be how they get paid, by the gripe.

[atreides1]

3. And that's all that matters to you?

[jaxx]

7. It matters more than a bunch of "experts" who like to hear themselves talk.

Mostly they make fools of themselves.

[Safetykitten]

4. Let Obama be Obama.