United Nations Security Council Resolution 1973


Resolution 1973 was adopted by the United Nations Security Council on 17 March 2011 in response to the First Libyan Civil War. The resolution formed the legal basis for military intervention in the Libyan Civil War, demanding "an immediate ceasefire" and authorizing the international community to establish a no-fly zone and to use all means necessary short of foreign occupation to protect civilians.
The Security Council resolution was proposed by France, Lebanon, and the United Kingdom. Ten Security Council members voted in the affirmative. Five abstained, with none opposed.

Resolution

Key points

The resolution, adopted under Chapter VII of the United Nations Charter:
  • demands the immediate establishment of a ceasefire and a complete end to violence and all attacks against, and abuses of, civilians;
  • imposes a no-fly zone over Libya;
  • authorizes "all necessary measures to protect civilians and civilian populated areas under threat of attack in the Libyan Arab Jamahiriya, including Benghazi, while excluding a foreign occupation force of any form on any part of Libyan territory";
  • strengthens the arms embargo and particularly action against mercenaries, by allowing for forcible inspections of ships and planes;
  • imposes a ban on all Libyan-designated flights;
  • imposes an asset freeze on assets owned by the Libyan authorities, and reaffirms that such assets should be used for the benefit of the Libyan people;
  • extends the travel ban and assets freeze of United Nations Security Council Resolution 1970 to a number of additional individuals and Libyan entities;
  • establishes a panel of experts to monitor and promote sanctions implementation.

    Voting

  • Permanent members of the Security Council are in bold.
Permanent members China and Russia had reservations about the no-fly zone, including the practicalities of enforcing such a zone and concerns about the use of force when other means had not been exhausted, but had noted requests by the Arab League and the "special situation" in Libya and therefore abstained. African members of the Security Council condemned the actions of the Libyan regime and supported the text.
The following day, Chancellor Angela Merkel said that Germany would not take part in the military operation, but added: "We unreservedly share the aims of this resolution. Our abstention should not be confused with neutrality." However, her foreign minister Guido Westerwelle had publicly stated his opposition to the resolution.
India abstained because it perceived the resolution as being based on uncertain information and as being too open-ended.
Brazil too abstained noting the fundamental contradiction in using force to achieve an "immediate end to violence and the protection of civilians". They believed that the use of force The Brazilian Ambassador Mrs. Viotti further observed that

Libyan response

Libyan opposition forces in Benghazi cheered and fired guns and fireworks into the air as the resolution was adopted. A few hours before issuing the resolution, Gaddafi warned the opposition with a speech saying, "We are coming tonight, and there will be no mercy".
On 18 March, Muammar Gaddafi's government announced that they would comply with the resolution and implement a ceasefire. However, it quickly became clear that no ceasefire had in fact been implemented.

Implementation

Military intervention in Libya began on 19 March, as fighter jets of the French Air Force destroyed several pro-Gaddafi vehicles advancing on rebel stronghold Benghazi. U.S. and British submarines then fired over 110 Tomahawk cruise missiles at targets throughout Libya, severely disabling the regime's air defense capability and allowing a wider enforcement of the no-fly zone to begin. A coalition of 10 states from Europe and the Middle East initially participated in the intervention, later expanding to 17. On 31 March, NATO assumed command of the operation. The intervention succeeded in preventing pro-Gaddafi forces from capturing Benghazi.
On 24 August, it was acknowledged for the first time that special forces troops from Britain, Italy, France, Jordan, Qatar, and the UAE had intervened on the ground in Libyan territory, stepping up operations in Tripoli and other cities. This has been questioned as a possible violation of Resolution 1973 although the use of special forces is not prohibited by the resolution.