At a rare public meeting in Washington today, a veritable who's who of State Department and international lawyers debated what it would mean if the United States were to recognize the Libyan rebels as that country's government.
Libya’s Transitional National Council, or TNC, has been pushing hard for recognition, which might allow it access to $33 billion in frozen Libyan assets and would bolster its international standing.
“There has been pressure on government lawyers [to evaluate] whether recognition should be a tool deployed,” said State Department Deputy Legal Advisor Jonathan Schwartz at the meeting of the Secretary of State’s Advisory Committee on International Law held at George Washington University Law School.
“The primary question is what is the contemporary status in international law regarding recognition of a government,” Schwartz said - a separate question from recognizing Libya as a state, or entering or breaking diplomatic relations.
“There’s a tremendous amount of political churn on this issue,” agreed Sir Daniel Bethlehem, who just stepped down as the legal advisor to the United Kingdom’s Foreign and Commonwealth Office. “Sanctions attach in many instances to state enterprises…Recognition may liberate control of assets.”
But Yale Law School Professor W. Michael Reisman called recognition a “legal metaphysical question.”
“The question is not recognition or non-recognition” he said, but do the rebels “need money to pay the bills...and what strategic steps could achieve this particular result.”
In granting recognition, one key question is the rebels’ effective control–or lack thereof–over the state’s territory. The TNC hold most of eastern Libya, while Moammar Gadhafi controls most of the west.
“I’m skeptical about recognition of the TNC,” said Arnold & Porter partner John Bellinger III, who was the State Department’s legal advisor from 2005 until January 2009. “I don’t understand how it would work. Do we recognize the TNC as the government of all of Libya? Or the government of the part of Libya that they control, and Gadhafi as the other part?”
He also wondered, “If we were to recognize the TNC, do they have the obligations of a state?” For example, who would have the obligation to protect diplomats or journalists?
Participants expressed concern that recognizing the rebels and de-recognizing Gadaffi might have the unhelpful result of “letting Gadhafi off the hook” for such responsibilities.
“Premature recognition could absolve someone of responsibility,” said State Department Legal Advisor Harold Koh.
Sullivan & Cromwell partner Edwin Williamson, legal advisor from 1990-93, suggested that “state recognition of Eastern Libya controlled by the TNC would be less of a stretch than [governmental] recognition of the TNC.”
But one way or another, Koh made it clear he thought Gadhafi's days were numbered. “How many of us would take a bet Gadhafi will be in office five, 10, 15 years from now?” he asked. “Not a lot of us.”
Gamesmith94134: Hopes fade for peaceful Arab transition to democracy
Peaceful Arab Transition to democracy may not be clear for NATO or Americans to decide or it just their way to get rid of Gaddafi in reestablish another ally like the Mubarak regime; however, they might underestimate the strength of Gaddafi and his tribal allies in the south where these tribes acclaimed Libya should resides on its land that consummate its Arab world in a Iranian regime. I learned my lesson that bid on natives are better choice even though the other carries the bigger guns; because democracy leans on the culture and sentimental, we fled from the bared foot doctors and soldiers. We lost the South Vietnam. Far as Gaddafi is not waning and NATO is not winning; another North and South Vietnam is getting closer; and I am betting on the south this time.
After the months of riots in Libya and I do not see the civil war status arrives in supporting the democracy as the NATO proposed. I am really beginning to question on the intents on the choice on democracy or aiming to end Gaddafi’s life and his regime. More advisors and bombing on the ground from NATO, non lethal weaponry to the resistance by US make me laugh. I only see the riot is carried out by renegades who bring no issues on democracy but hunger for the blood of Gaddafi and his family. In the recent political change of Yemen, many see the pro-muslin won the ground on the capital, so, what is so call Arab Spring is not preference on the western and it may not be the democracy as many wish for. Can NATO really know his coin may come with two heads and who is tossing the coin? And, Gaddafi’s friendly nations in the south may also see the stalemate in non-aggressive war could ever affecting the Muslim regimes are vulnerable too if NATO”S strategy goes sour; their support on the south in raising the tribal war can sterilize the two-heads democracy in making the Iranian-like regime take shape to fortify its Arab World by tossing the two-tails-coin.
Perhaps, it is time for the United Nations to call on the African Union to replace the NATO to stop further aggression to Libya, or even stop the rising of the tribal war that can divide Libya. I thought Mr. Zuma has already interested in the matter and the tribal development can be the stepping that the west can rest itself on; in addition, the African Union is the only wall that both sides can climb and separate themselves in keeping the Gaddafi issues of live-die from over-heating; on the other hand, the becoming of the democratic or more taste on religious rights can be sorted by our through a more democratic way through the scrutiny the African nations not by NATO or America.
By the way, I hate to be in London or Frankfurt now. I am worrying that I may become the Martyr of democracy; but it is just not worth it.
Hooray, Palestinian State by United Nations and Democracy for all.
May the Buddha bless you?
Posted by: Jonathan Lam | June 07, 2011 at 12:44 PM
Not that I'm aware of, but you might try contacting the Legal Advisor's Office at the State Department.
- Jenna
Posted by: Jenna Greene | June 07, 2011 at 09:48 AM
Are the minutes to the meeting or links to official state dept. documents about the meeting?
Posted by: Jrans05 | June 07, 2011 at 08:41 AM