Libya Loses UN General Assembly Vote Over Non-Payment of Dues

60th plenary meeting of the General Assembly 66th session:

Feb. 4, 2016 – Libya has been suspended from voting in the UN General Assembly over non-payment of dues.

The country, which has two competing parliaments and governments, has been in turmoil since NATO forces intervened in 2011 and removed Muammar Gaddafi from power following a UNSC resolution authorizing action to protect civilians.

A recent UN report also says ISIS is established and seeking to expand in Libya.

The loss of a General Assembly vote is a result of falling foul of  Article 19 of the UN Charter, which states that countries will lose their UNGA vote if their “arrears equals or exceeds the amount of the contributions due from it for the preceding two full years.”

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A minimum payment of $1.4 million is needed for Tripoli to regain its vote, according to a letter from Ban Ki-moon to the General Assembly.

In total, Ban named 15 countries in his January 18 letter to the General Assembly, including Bahrain and Iran, but the other countries have since either made the necessary payment or, as in the case of Somalia and Yemen, been given a waiver as the UN Committee on Contributions has determined that conditions beyond their control contributed to this inability to pay.

Libya is assessed annual dues to the United Nations’ regular budget of $3.1 million.

– Denis Fitzgerald
@denisfitz

UN Report: ISIS Established and Seeking to Expand in Libya

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December 1, 2015 –  The Islamic State has established four hubs in Libya and its current strength consists of about 3,000 fighters but local groups are resisting its expansion, a Security Council sanctions monitoring team said in a report released on Tuesday.

The report, which refers to the group as ISIL, states that it has established hubs in Tripoli, Ajdabiya, Derna and Sirte, where it appears to be strongest and is in control of the city but facing strong resistance from armed residents.

The report says ISIL’s expansion in Lybia is contingent on forming alliances with local groups and its branch in Sirte consists of fighters who previously were members of Ansar al Sharia.

The core strength of ISIL in Libya consists of Libyans returning to the country after fighting with the group in Iraq and Syria, as well as foreign fighters joining them, mostly from Maghreb countries.

The full report is here.

– Denis Fitzgerald
@denisfitz

Foreign Terrorist Fighters Come from More than 100 UN Member States

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May 26, 2015 – More than half of the UN’s 193 member states are generating fighters for Al Qaeda and the Islamic State with some 25,000 recruits joining the terrorist groups from countries as diverse as Trinidad and Tajikistan, according to a new report from a United Nations expert group.

The report, from the Security Council team monitoring sanctions on individuals associated with Al Qaeda, says that six UN member states have generated more than 1,000 foreign fighters each while another 42 have generated more than 100 such fighters each.

“Open-source analysis by the team indicates an increase of 71 per cent in reported foreign terrorist fighters worldwide between the middle of 2014 and March 2015, in part owing to more comprehensive internal reporting by Member States and greater open-source data,” the authors state. “There has also been a sharp increase (from 70 to 733 per cent) in fighters from a number of European and Asian Member States.”

The destination countries for the majority of foreign fighters are Syria, Iraq and Afghanistan, with smaller numbers present in Yemen, Libya, Pakistan, the Sahel countries, Somalia and the Philippines, according to the report while origin countries for large number of foreign fighters include Russia, Tunisia, Morocco and France. Smaller numbers are coming from countries that have no previous association with terrorism including Finland, the Maldives and Trinidad.

There is no standard profile for those that leave their home country to join terrorists groups, according to the report, other than they tend to be males between the ages of 15 and 35, though some are older veterans who fought in Chechnya and Afghanistan and returned home.

For some countries such as France, those joining terrorist groups often have a record of petty crime while in Britain, there are clusters of recruitment associated with certain towns and schools. In other cases, criminal networks, such as ethnic Chechens in Austria, are associated with recruitment.

Libya has become a major training ground for foreign fighters, the report says.

The Security Council is set to discuss the findings on Friday.

The full report is below.

– Denis Fitzgerald
On Twitter @denisfitz

UNSC Expert Panel on Al Qaeda Sanctions

US Invokes Article 51: Does the UN Charter Cover Attacks by Non-State Actors?

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Sept. 23, 2014 – US envoy Samantha Power has cited Article 51 of the UN Charter as cover for the airstrikes the United States carried out inside Syria overnight Monday against ISIS and the Khorasan unit of the Nusra Front.

Power wrote to Ban Ki-moon Tuesday saying, “States must be able to defend themselves … when, as is the case here, the government of the state where the threat is located is unwilling or unable to prevent the use of its territory for such attacks.”

Power’s letter also cites Iraq’s letter to the Security Council of Sept. 20 warning that the country “is facing a serious threat of continuous attacks coming out of ISIL safe havens in Syria.” It adds that the Iraqi government has requested the US lead “international efforts to strike ISIL sites and military strongholds in Syria.”

The UN Charter prohibits the use of force by a state against another state unless authorized by a Security Council resolution. But Article 51 provides an exception: “Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs against a Member of the United Nations.”

The UN Charter is concerned with inter-state conflict as only states can become members of the UN so the applicability of Article 51 for use of force inside a sovereign country against a non-state actor is a question that international law scholars have grappled with.

Marko Milanovic argues that Article 51 does not require the attribution of the armed attack by a non-state actor to a state. “Rather, for the attacked state to respond against the non-state actor which is operating in another state, the conduct of this latter state must be such to justify the ensuing violation of its sovereignty.”

He proposes three scenarios that would justify an attack inside a sovereign state against a non-state actor:

“(a) the territorial state was complicit or was actively supporting the non-state actor in its armed attack; (b) the territorial state failed to exercise due diligence, i.e. it did not do all that it could reasonably have done to prevent the non-state actor from using its territory to mount an armed attack against another state, or is not doing all it can to prevent further attacks; (c) the territorial state may have exercised due diligence, but it was nonetheless unable to prevent the attack, or to prevent further attacks.”

And the due diligence case would appear to be the US argument when Power writes that “the government of the state where the threat is located is unwilling or unable to prevent the use of its territory for such attacks.”

Ban Ki-moon earlier on Tuesday spoke of the US airstrikes, saying that “today’s strikes were not carried out at the direct request of the Syrian Government, but I note that the Government was informed beforehand.”

“I also note that the strikes took place in areas no longer under the effective control of that Government.   I think it is undeniable – and the subject of broad international consensus – that these extremist groups pose an immediate threat to international peace and security,” Ban said.

For more discussion on Article 51 and non-state actors see here and here.

– Denis Fitzgerald
On Twitter @denisfitz

Image: Wikimedia