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Bezbednosni Dijalozi 2011
ЛЕГИТИМНОСТА НА УПОТРЕБАТА НА СИЛА: СЛУЧА ОТ ЛИБИ АKeywords: International law , use of force , legitimacy , responsibility to protect , Libya Abstract: Since the the beginning, the military intervention in Libya caused opposed interpretations on its legitimacy and legality. While the Western governments claimed that the use of force was both necessary and legal, Russia strongly objected alleged overuse of force and demanded accountability for the civilian casualties. Academic debate followed too. On the other hand, international NGOs alarmed onthe gross violation of human rights and war crimes committed by both conflict parties i.e. the rebels and the regime forces. In the wake of the internal conflict and the external intervention that followed, media reports pictured the situation on the ground, i.e. the refugee crisis, humanitarian disaster and massive material destruction as side-effects of the military actions. There is an impression that thethird-party intervention instead of protection of the civilians caused intensification of the spiral of violence and worsened the plight of the civilians. Given the scope of the material and human consequences, a question that arises first is if there was a need for military intervention in Libya. Also it is questionable if the militaryintervention was legal and legitimate under the positive international law. In order to explore these dilemmas, the text offers analyzes the basic documents and international law that regulate a military intervention on a sovereign state. The author particularly elaborates the provisions of the United Nations Charter as well as the two relevant UN Security Council’s Resolutions on Libya (i.e. Resolution 1970 and Resolution 1973). The author concludes that the international intervention against the Gaddafi regime, against its legal rationale, shifted from responsibility to protect innocent civilians to taking side in a civil war and regime change at all costs. It leaves vast space for speculations on the hidden agenda of the interveningWestern powers.
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