Military Intervention and Diplomatic Engagement in Libya: A Collage of Policy, Force, and Law

The case of Libya demonstrates the extent to which the law plays a role in enabling, shaping and constraining complex military and diplomatic operations. The law underpinned a number of decisions made at the policy level regarding military and diplomatic engagement. Although prior military operations can provide guidance for decision-making in future military operations, the application of the law to each case will be unique. The Libyan case study provides an example of how the law and politics intertwined to achieve the U.S. government’s objectives of protecting the Libyan people against violent attacks by their leader. This chapter examines the role law played in five key political-military decision points relating to the case of Libya. First, should the United States join France and Great Britain in using force to protect the people of Libya? Second, what is the extent of military force that could be used to accomplish this objective? Third, to what extent should Congress be involved in the decision to use force? Fourth, should the United States recognize the National Transitional Council as the legitimate government of Libya? Finally, should the United States and its allies seek a negotiated settlement if the military campaign failed to adequately protect civilians or to prompt a regime change?https://digitalcommons.wcl.american.edu/facsch_bk_contributions/1273/thumbnail.jp

Responding to the military coup in Myanmar: what business can and should do

Multinational corporations are facing difficult choices in Myanmar after the military coup on 1 February. Anna Triponel and Paul R. Williams argue that companies must act boldly as a collective; failure to do so will be detrimental to their bottom line in the longer term. Corporations will be in the uncomfortable position of profiting during a time of collective political and human misery. The authors argue that, as companies decide to do business in a context such as this, they become part of the panoply of international actors and institutions that have a responsibility to seek to enhance human rights and rule-of-law standards

The Clash of the Titans: Justice and Realpolitik in Libya

Unlike other international institutions, the International Criminal Court (the Court) derives its strength not from state interest or economic or military power, but from the intrinsic pull of justice — a normative pull universally held to some degree by all human beings. As such, the Court, possibly more so than other institutions, is characterized by a jealous regard for its independence, from which it gains much of its legitimacy. The Court, however, has become intertwined with the political process of guaranteeing peace and security. While the Court draws its potency from the normative demands of justice, in reality, justice is also subject to political interests, state power, and the political process. In addition, the Court exerts its own influence on political efforts to ensure peace and security, sometimes even contributing to an alteration of the balance of power. In this way, it inches ever closer to the realm of realpolitik policy makers. This state of affairs has set the stage for a seemingly perpetual clash of the Titans, with the Court and other mechanisms of justice in one group of powerful actors, and realpolitik-oriented policy makers and the state institutions they operate in another group of even more powerful actors. Just like the pre-Olympian Titans of Greek mythology, these groups often clash as they are driven by divergent desires (in the modern arena: justice on the one hand, and stability and the protection of national interests on the other). Nonetheless, at times, they can also cooperate in the pursuit of a common objective (in the modern arena: peace). Whether cooperative or discordant, the relationship between the Court’s activities and realpolitik efforts to maintain peace and security is embryotic, complex, and rapidly evolving. This article is directed to policy makers who are perplexed and often frustrated by this independent actor; it is equally directed to advocates of justice frustrated by the perceived efforts of some policy makers to constrain justice. A better understanding of each perspective will yield a more effective tool for promoting durable resolutions of conflicts that threaten international peace and security. This article will describe six primary questions that policy makers and justice advocates should consider regarding the role of international justice mechanisms and realpolitik in conflict settings. It also uses the recent events in Libya as a case study designed to help further understand the relationship between the Court and policy makers

Teaching Notes for CHAPTER 17: Military Intervention and Diplomatic Engagement in Libya: A Collage of Policy, Force And Law

Teaching Notes for Military Intervention and Diplomatic Engagement in Libya: A Collage of Policy, Force And Law, by Anna F. Triponel and Paul R. Williams. This case study provides an opportunity for students to examine the role that law plays in decisions relating to highly complex operations—how it enables, shapes and constrains political-military options and policy approaches. Five key political-military decision points will be examined relating to the case of Libya. First, should the United States join France and Great Britain in using force to protect the people of Libya? Second, what is the extent of military force that could be used to accomplish this objective? Third, to what extent should Congress be involved in the decision to use force? Fourth, should the United States recognize the National Transitional Council as the legitimate government of Libya? Finally, should the United States and its allies seek a negotiated settlement if the military campaign failed to adequately protect civilians or to prompt a regime change? Each section addresses one of these decision points. The applicable legal questions will be considered in the context of underpinning policy-making by key civilian and military decision makers. The case study will provide a brief review of the applicable international law and norms, as well as prior United Nation (UN) practice. Each section of the case study will describe how the international and domestic law enabled, shaped or constrained the political and military decision making process in the case of Libya