Libia

Quan va començar la crisi de Líbia i semblava que els opositors a Gadaffi prendrien el poder en pocs dies, un es podia preguntar on era l’exèrcit libi. Ara que han passat els dies, és clar que Gadaffi ha aconseguit mantenir prou resorts de poder i que, especialment, ha mantingut el control sobre el gruix de l’exèrcit, fet que li ha permès en gran part de recnquerir els territoris presos pels seus opositors.

Mentre, això que anomenem la “comunitat internacional” ha estat incapaç de prendre cap decisió, fet que el  dictador ha aprofitat perfectament. I és que com es comprova contínuament la “comunitat internacional” no existeix. No existeix, almenys, en tant que grup mínimament homogeni amb uns interessos i valors comuns i, per tant, la presa de decisions al si del Consell de Seguretat de l’ONU es converteix en un procés lent i farragós. I, molt probablement, menys que existirà, la “comunitat internacional”, a mesura que el món es torni més multicèntric.

Fruit de la necessitat de fer equilibris entre les diverses potències va ser la decisió presa a darrera hora d’ahir (hora catalana) al Consell de Seguretat de l’ONU. Efectivament, aquest va aprovar, amb l’abstenció de la Xina i Rússia, un conjunt de mesures les més cridaneres de les quals són sens dubte, per una banda, la instauració d’una zona d’exclusió aèria que hauria de permetre de minvar l’enorme superioritat de les armes de Gadaffi. Per altra banda, la resolució autoritza a pendre totes les mesures necessàries per protegir els civils, però exclou expressament una invasió del territori libi.

Caldrà veure ara com s’aplicaran aquestes mesures, i, especialment, si com anuncien diferents mitjans de comunicació, es convertiran en bombardeigs de les forces de Gadaffi suficients per a permetre una recuperació dels opositors. La superioritat aèria de l’OTAN està fora de cap dubte, però caldrà veure com es desenvolupen els fets a ras de terra.

Extracte de la resolució S2011/142 del Consell de Seguretat de les Nacions Unides

Acting under Chapter VII of the Charter of the United Nations,
1. Demands the immediate establishment of a cease-fire and a complete end
to violence and all attacks against, and abuses of, civilians;
2. Stresses the need to intensify efforts to find a solution to the crisis which
responds to the legitimate demands of the Libyan people and notes the decisions of
the Secretary-General to send his Special Envoy to Libya and of the Peace and
Security Council of the African Union to send its ad hoc High Level Committee to
Libya with the aim of facilitating dialogue to lead to the political reforms necessary
to find a peaceful and sustainable solution;
3. Demands that the Libyan authorities comply with their obligations under
international law, including international humanitarian law, human rights and
refugee law and take all measures to protect civilians and meet their basic needs,
and to ensure the rapid and unimpeded passage of humanitarian assistance;
Protection of civilians
4. Authorizes Member States that have notified the Secretary-General,
acting nationally or through regional organizations or arrangements, and acting in
cooperation with the Secretary-General, to take all necessary measures,
notwithstanding paragraph 9 of resolution 1970 (2011), 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, and requests the Member States concerned to inform the
Secretary-General immediately of the measures they take pursuant to the
authorization conferred by this paragraph which shall be immediately reported to
the Security Council;
5. Recognizes the important role of the League of Arab States in matters
relating to the maintenance of international peace and security in the region, and
bearing in mind Chapter VIII of the Charter of the United Nations, requests the
Member States of the League of Arab States to cooperate with other Member States
in the implementation of paragraph 4;
No Fly Zone
6. Decides to establish a ban on all flights in the airspace of the Libyan
Arab Jamahiriya in order to help protect civilians;
7. Decides further that the ban imposed by paragraph 6 shall not apply to
flights whose sole purpose is humanitarian, such as delivering or facilitating the
delivery of assistance, including medical supplies, food, humanitarian workers and
related assistance, or evacuating foreign nationals from the Libyan Arab Jamahiriya,
nor shall it apply to flights authorised by paragraphs 4 or 8, nor other flights which
are deemed necessary by States acting under the authorisation conferred in
paragraph 8 to be for the benefit of the Libyan people, and that these flights shall be
coordinated with any mechanism established under paragraph 8;
8. Authorizes Member States that have notified the Secretary-General and
the Secretary-General of the League of Arab States, acting nationally or through
regional organizations or arrangements, to take all necessary measures to enforce
compliance with the ban on flights imposed by paragraph 6 above, as necessary, and
requests the States concerned in cooperation with the League of Arab States to
coordinate closely with the Secretary General on the measures they are taking to
implement this ban, including by establishing an appropriate mechanism for
implementing the provisions of paragraphs 6 and 7 above,
9. Calls upon all Member States, acting nationally or through regional
organizations or arrangements, to provide assistance, including any necessary overflight
approvals, for the purposes of implementing paragraphs 4, 6, 7 and 8 above;
10. Requests the Member States concerned to coordinate closely with each
other and the Secretary-General on the measures they are taking to implement
paragraphs 4, 6, 7 and 8 above, including practical measures for the monitoring and
approval of authorised humanitarian or evacuation flights;
11. Decides that the Member States concerned shall inform the Secretary-
General and the Secretary-General of the League of Arab States immediately of
measures taken in exercise of the authority conferred by paragraph 8 above,
including to supply a concept of operations;
12. Requests the Secretary-General to inform the Council immediately of any
actions taken by the Member States concerned in exercise of the authority conferred
by paragraph 8 above and to report to the Council within 7 days and every month
thereafter on the implementation of this resolution, including information on any
violations of the flight ban imposed by paragraph 6 above;
Enforcement of the arms embargo
13. Decides that paragraph 11 of resolution 1970 (2011) shall be replaced by
the following paragraph : “Calls upon all Member States, in particular States of the
region, acting nationally or through regional organisations or arrangements, in order
to ensure strict implementation of the arms embargo established by paragraphs 9 and
10 of resolution 1970 (2011), to inspect in their territory, including seaports and
airports, and on the high seas, vessels and aircraft bound to or from the Libyan Arab
Jamahiriya, if the State concerned has information that provides reasonable grounds
to believe that the cargo contains items the supply, sale, transfer or export of which
is prohibited by paragraphs 9 or 10 of resolution 1970 (2011) as modified by this
resolution, including the provision of armed mercenary personnel, calls upon all
flag States of such vessels and aircraft to cooperate with such inspections and
authorises Member States to use all measures commensurate to the specific
circumstances to carry out such inspections”;
14. Requests Member States which are taking action under paragraph 13
above on the high seas to coordinate closely with each other and the Secretary-
General and further requests the States concerned to inform the Secretary-General
and the Committee established pursuant to paragraph 24 of resolution 1970 (2011)
(“the Committee”) immediately of measures taken in the exercise of the authority
conferred by paragraph 13 above;
15. Requires any Member State whether acting nationally or through regional
organisations or arrangements, when it undertakes an inspection pursuant to
paragraph 13 above, to submit promptly an initial written report to the Committee
containing, in particular, explanation of the grounds for the inspection, the results of
such inspection, and whether or not cooperation was provided, and, if prohibited
items for transfer are found, further requires such Member States to submit to the
Committee, at a later stage, a subsequent written report containing relevant details
on the inspection, seizure, and disposal, and relevant details of the transfer,
including a description of the items, their origin and intended destination, if this
information is not in the initial report;
16. Deplores the continuing flows of mercenaries into the Libyan Arab
Jamahiriya and calls upon all Member States to comply strictly with their
obligations under paragraph 9 of resolution 1970 (2011) to prevent the provision of
armed mercenary personnel to the Libyan Arab Jamahiriya;
Ban on flights
17. Decides that all States shall deny permission to any aircraft registered in
the Libyan Arab Jamahiriya or owned or operated by Libyan nationals or companies
to take off from, land in or overfly their territory unless the particular flight has
been approved in advance by the Committee, or in the case of an emergency
landing;
18. Decides that all States shall deny permission to any aircraft to take off
from, land in or overfly their territory, if they have information that provides
reasonable grounds to believe that the aircraft contains items the supply, sale,
transfer, or export of which is prohibited by paragraphs 9 and 10 of resolution 1970
(2011) as modified by this resolution, including the provision of armed mercenary
personnel, except in the case of an emergency landing;
Asset freeze
19. Decides that the asset freeze imposed by paragraph 17, 19, 20 and 21 of
resolution 1970 (2011) shall apply to all funds, other financial assets and economic
resources which are on their territories, which are owned or controlled, directly or
indirectly, by the Libyan authorities, as designated by the Committee, or by
individuals or entities acting on their behalf or at their direction, or by entities
owned or controlled by them, as designated by the Committee, and decides further
that all States shall ensure that any funds, financial assets or economic resources are
prevented from being made available by their nationals or by any individuals or
entities within their territories, to or for the benefit of the Libyan authorities, as
designated by the Committee, or individuals or entities acting on their behalf or at
their direction, or entities owned or controlled by them, as designated by the
Committee, and directs the Committee to designate such Libyan authorities,
individuals or entities within 30 days of the date of the adoption of this resolution
and as appropriate thereafter;
20. Affirms its determination to ensure that assets frozen pursuant to
paragraph 17 of resolution 1970 (2011) shall, at a later stage, as soon as possible be
made available to and for the benefit of the people of the Libyan Arab Jamahiriya;
21. Decides that all States shall require their nationals, persons subject to
their jurisdiction and firms incorporated in their territory or subject to their
jurisdiction to exercise vigilance when doing business with entities incorporated in
the Libyan Arab Jamahiriya or subject to its jurisdiction, and any individuals or
entities acting on their behalf or at their direction, and entities owned or controlled
by them, if the States have information that provides reasonable grounds to believe
that such business could contribute to violence and use of force against civilians;
Designations
22. Decides that the individuals listed in Annex I shall be subject to the
travel restrictions imposed in paragraphs 15 and 16 of resolution 1970 (2011), and
decides further that the individuals and entities listed in Annex II shall be subject to
the asset freeze imposed in paragraphs 17, 19, 20 and 21 of resolution 1970 (2011);
23. Decides that the measures specified in paragraphs 15, 16, 17, 19, 20 and
21 of resolution 1970 (2011) shall apply also to individuals and entities determined
by the Council or the Committee to have violated the provisions of resolution 1970
(2011), particularly paragraphs 9 and 10 thereof, or to have assisted others in doing
so;
Panel of Experts
24. Requests the Secretary-General to create for an initial period of one year,
in consultation with the Committee, a group of up to eight experts (“Panel of
Experts”), under the direction of the Committee to carry out the following tasks:
(a) Assist the Committee in carrying out its mandate as specified in
paragraph 24 of resolution 1970 (2011) and this resolution;
(b) Gather, examine and analyse information from States, relevant United
Nations bodies, regional organisations and other interested parties regarding the
implementation of the measures decided in resolution 1970 (2011) and this
resolution, in particular incidents of non-compliance;
(c) Make recommendations on actions the Council, or the Committee or
State, may consider to improve implementation of the relevant measures;
(d) Provide to the Council an interim report on its work no later than 90 days
after the Panel’s appointment, and a final report to the Council no later than 30 days
prior to the termination of its mandate with its findings and recommendations;
25. Urges all States, relevant United Nations bodies and other interested
parties, to cooperate fully with the Committee and the Panel of Experts, in particular
by supplying any information at their disposal on the implementation of the
measures decided in resolution 1970 (2011) and this resolution, in particular
incidents of non-compliance;
26. Decides that the mandate of the Committee as set out in paragraph 24 of
resolution 1970 (2011) shall also apply to the measures decided in this resolution;
27. Decides that all States, including the Libyan Arab Jamahiriya, shall take
the necessary measures to ensure that no claim shall lie at the instance of the Libyan
authorities, or of any person or body in the Libyan Arab Jamahiriya, or of any
person claiming through or for the benefit of any such person or body, in connection
with any contract or other transaction where its performance was affected by reason
of the measures taken by the Security Council in resolution 1970 (2011), this
resolution and related resolutions;
28. Reaffirms its intention to keep the actions of the Libyan authorities under
continuous review and underlines its readiness to review at any time the measures
imposed by this resolution and resolution 1970 (2011), including by strengthening,
suspending or lifting those measures, as appropriate, based on compliance by the
Libyan authorities with this resolution and resolution 1970 (2011).
29. Decides to remain actively seized of the matter.

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Quant a gbarnosell

Historiador; professor d'institut, col·laborador de l'Institut de Recerca Històrica de la Universitat de Girona i de L'Avenç
Aquesta entrada s'ha publicat en Bloc i etiquetada amb . Afegiu a les adreces d'interès l'enllaç permanent.

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