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France Aims to Up its Influence in the Middle East and North Africa

Jonathan Fenton-Harvey

Faced with dwindling soft power, France is aiming to play the hero in the Middle East and North Africa to enhance its economic and political interests while positioning itself as a dominant actor in the region.

Being a champion of global economic and cultural influence has long been at the top of France’s priorities. Yet in the last year, its soft power took a hit, owing to boycotts of French products from parts of the Islamic world after its apparent anti-Muslim policies, and its crackdown on protestors and media. Consequently, France has embarked on multiple diplomatic crusades while seeking to adopt a leadership ole in various conflict situations, as a means of salvaging its reputation.

Recently, Iraq has been of particular interest to President Emmanuel Macron. Seeking to expand France’s influence in Iraq, Macron visited the country twice since 2020. The first visit came in September 2020, when he voiced support for Iraq’s sovereignty. A second but more crucial visit came last August, when Macron visited the ruined city of Mosul, a former Islamic State (IS) stronghold in Iraq, while meeting various Iraqi ministers, including Prime Minister Mustapha al-Kadhimi.

During his latest visit on August 28, Macron said he plans to keep French troops in Iraq, despite United States’ planned withdrawal by the end of 2021. The announcement was unprecedented, given France’s previous limited involvement in Iraq. Indeed, Paris has managed to maintain positive relations with Baghdad and has avoided bearing the destructive legacy that the US and UK have in Iraq, because of its opposition to the 2003 invasion.

Paris has managed to maintain positive relations with Baghdad because of its opposition to the 2003 invasion.

Playing the Savior

France alone would struggle to carry the weight of being Iraq’s guardian with only 800 soldiers stationed in the country. The troops were deployed largely for counter-terrorism purposes, especially with the prospect of an IS resurgence. Moreover, France would have to compete with powers like Iran and China, which have eyed up their own spoils in Iraq. It would therefore be a challenge for Paris to fill the void that Washington’s departure would create.

Yet for France, these public relations overtures to Baghdad are merely a continuation of Macron playing the hero in such crises. Critics accused him of acting like the “white savior” after he visited Lebanon, a former French colony, in August 2020, following the devastating explosion at Beirut’s port that month. It seems that Iraq, which still faces instability, is France’s next target.

Another area of interest for France is Libya. Despite a ceasefire announced in October 2020, the North African country has endured a rocky journey towards a democratic transition, with presidential and legislative elections now scheduled for December and January respectively. Yet with an ongoing rift between Libya’s transitional Government of National Unity (GNU) in Tripoli and the House of Representatives (HoR) in Tobruk, reflecting the old divisions between western and eastern Libya, France offered to host a conference in November, to ensure the December presidential elections proceed as scheduled.

France offered to host a conference in November, to ensure the December Libyan presidential elections proceed as scheduled.

During the announcement, French Foreign Minister Jean-Yves Le Drian said that Paris wants the elections to be kept to schedule and stressed the need for the “departure of foreign forces and mercenaries,” during a press conference on the sidelines of the UN General Assembly in September.

Seeking influence over Libya’s political future is nothing new for France, which spearheaded the 2011 NATO intervention to support the Libyan opposition against Muammar Gaddafi. Additionally, under Macron’s auspices, Paris steered peace talks and provided diplomatic and material backing to Khalifa Haftar during his campaign to conquer the capital, Tripoli.

Though a contradiction of interests may be apparent, as Paris enabled Libya’s latest conflict and is now sponsoring peace initiatives, France is acting competitively to ensure it can become a dominant actor in the country’s political process.

Economic and Geopolitical Interests

France’s desired patronage of these countries’ futures also comes with political and economic benefits. The Baghdad Conference on Partnership and Cooperation, held on August 28, saw France aiming to assert itself as “a partner to the Iraqi government in its concerns and a sponsor of Iraq’s regional and international interests,” according to an Iraqi official.

On September 7, Iraq’s oil ministry announced Baghdad struck a deal with the French oil giant Total Energy, worth $27 billion, including $10 billion in infrastructure, which will later allow the financing of a second stage of investments worth $17 billion.

France’s support of Libya’s stability and building ties with key political actors also ensures that French companies can operate there freely. In June, representatives of Medef (Mouvement des Entreprises de France), France’s largest employer federation, met with leading Libyan officials including Mohamed Dbeibah, Libya’s interim Prime Minister, to discuss talks over reconstruction. Prior to that, Total started new talks with Libya’s transitional government in November 2020, to re-develop the country’s oil fields.

Unremitting rivalry with Turkey is also a driving factor of France’s assertive regional politics.

Unremitting rivalry with Turkey is also a driving factor of France’s assertive regional politics. In 2020, Ankara’s intervention to repel Haftar’s offensive irked Macron and prompted France’s attempts to undermine it in both Libya and the Eastern Mediterranean. Turkey’s offer to help rebuild Libya also threatens Paris’ interests in the North African country.

Despite an apparent rapprochement between the two countries this year, France’s rivalry with Turkey continues to be apparent. As France faced another diplomatic spat with Algeria recently, after Macron suggested that Algeria was never a nation before France colonized it, he alleged that “Turkish propaganda” was behind Algeria’s opposition to France.

Clearly, France’s foreign policy objectives not only aim to advance its soft power and geopolitical influence, but also act in defiance of its perceived rivals. Yet Paris’ agenda of intervention and saviorism for its own personal gain does not bear peoples of the region at its forefront.

While it is indeed important to provide security in countries like Libya and Iraq, which have experienced conflict and instability, France should ensure its foreign policy alignment is consistent with the efforts of the United Nations to support genuine stability in these countries. 

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Jonathan Fenton-Harvey is a journalist and researcher focusing on conflict and geopolitics in the Middle East and North Africa region. He has particularly covered Gulf issues and Western foreign policy in the region, having delivered numerous talks and articles on these topics. He has been published in Carnegie Endowment, Middle East Eye, the New Arab, TRT World and many others. He has also worked for Al Sharq Forum, where he mostly researched the UAE’s regional foreign policy. A graduate of the University of Exeter, Jonathan studied History and Middle East Studies. 

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Libya’s Chaos Is a Warning to the World

Ten years after Qaddafi’s death, Libya is a harbinger of the enduring global disorder to come.

Ten years ago last week, many Libyan citizens and certain international politicians rejoiced in the toppling of strongman Muammar al-Qaddafi. Some mistakenly think they will soon be rejoicing again after United Nations-mediated elections slated for Dec. 24 bring Libya’s first post-Qaddafi non-interim government to power. There are many reasons to question such optimism, however. Developments in both the international system and in Libya over the last decade suggest that the forces promoting disorder and nationalist competition may trump those promoting order and international coordination.

A lot has changed in 10 years—and even more over the last 70 years. The independent and sovereign Libyan state was created by the United Nations from former Italian colonial possessions on Dec. 24, 1951. It was the culmination of a process whereby Anglo-American leaders coordinated a compromise solution that gradually received buy-in from rival powers.

Even the Soviet Union, Egypt, France, nascent African polities, and Italy—all of whom initially had different ambitions for Libya’s then-three provinces—embraced a unitary sovereign Libya, helping the young country get off to a fresh start. All of these actors calculated they would gain from a successful Libya. During the Cold War, rival powers sought to extend their spheres of influence to new territories; they did not seek to deliberately bring disorder to the world system.

Today, the situation is starkly different. Even if contemporary Libya successfully stages free and fair elections in a couple of months, they will likely create more confusion than they alleviate. Even the elections’ boosters do not claim they will produce an uncontested, sovereign, and constitutionally legitimate Libyan government. U.S. and U.K. attempts to cajole recalcitrant actors (Russia, Turkey, and various Gulf states) to coordinate their previously destabilizing interventions in Libya have been half-hearted, all carrot and no stick affairs.

During the Cold War, rival powers sought to extend their spheres of influence to new territories; they did not seek to deliberately bring disorder to the world system.

The U.N. mediation process also lacks the power to punish spoilers, and as such, has been hijacked by status quo-oriented power players like Speaker of the House of Representatives Aguila Saleh and the extended families of interim Prime Minister Abdul Hamid Dbeibeh and Gen. Khalifa Haftar—all of whom have extensive ties to former regime power networks. Simultaneously, self-serving international bureaucrats, many beholden to the United Arab Emirates, Russia, and France, are happy to go along for the ride, looking the other way when international law is violated.

Tragically, all the major players still stand to gain from a successful Libya that is able to spend billions of dollars on upgrading its pipelines, employing migrants, policing its borders, paying off its international creditors, and providing a better standard of living to the Libyan people. Yet international coordination failures continue to lead to less than optimal policy outcomes.

Ten years ago, Qaddafi’s ouster was accomplished by a well-coordinated international coalition of both Arab and NATO countries responding to the calls of the Libyan people. It was an example of a win-win collective action, where multiple actors worked together and made slight compromises on their particular goals in an attempt to achieve a shared, mutually beneficial outcome.

That feeling of boundless hope for a better Libyan and global future prevailed for the next year or so as oil production rebounded, free and fair elections were scheduled and held, and certain stalled infrastructure projects restarted.

But as 2012 turned to 2013, beneath the surface of superficial progress, forces of disorder were emerging. Western nations stood on the sidelines as the country fractured into two competing authorities. Arms and jihadis were trafficked into the country, and groups who lost power suffered violent retribution. Rather than all those countries that stood to gain from possible colossal Libyan economic growth rallying together to protect their collective charge, they bickered over who would benefit most from the spoils.

Many of these dynamics can be traced to the end of U.S. global hegemony and the rise of neo-populist actors who see a disordered world that produces mass migration, trade wars, mercantile economic competition, and terrorism as preferable for their electoral chances. Sustained analysis of Libya presents a unique vantage point to demonstrate why the contemporary international system fails to solve collective action problems, and many major actors choose to promote disorder rather than make small compromises for the common good.

Although they worked together to enforce the NATO no-fly zone immediately after the collapse of the Qaddafi regime, major Western players were tugging in different directions—suspicious of one another’s motives, clients, and actions in Libya.

A power vacuum inherently sucks in external actors; this is especially true if the country is resource rich and geostrategically located. Libya is both. Soon, the Turks, Qataris, Emiratis, Egyptians, and Russians were all deeply entrenched, occupying niches previously held by Western nations. Had a Western-backed uprising overthrown Qaddafi during the Cold War, the ensuing government would have, without question, been supported by a Western-backed coalition with the United States at the helm, boxing out destabilizing, non-Western foreign actors. Back then, it would have been unthinkable that if civil war ensued, core European NATO states like Italy and France would be supporting opposite sides. But in the current era, that is exactly what happened.

In today’s world, NATO members are willing to undermine the actions of their allies without even consulting them. This further eroded trust and promoted more coordination failures. For a very recent example, think of the so-called AUKUS deal. Precedent now suggests the French will be less likely to collaborate on win-win climate change and trade initiatives with the United States and Britain.

The balance between trust and mistrust, optimal and suboptimal outcomes, is a very delicate one. Tip the scales a little bit one way, and the previous equilibrium is destroyed, replaced by a negative feedback loop. Hence, once a situation deteriorates, it is very likely to spiral out of control.

The spiraling effects of lost trust among the core Western allies were already evident immediately in the wake of Qaddafi’s fall. Back in 2011, Sidney Blumenthal, a key advisor to then-U.S. Secretary of State Hillary Clinton whose emails were released by the Clinton email probe, suspected the British and French of trying to undermine U.S. objectives in Libya to promote their own business interests. As a result, he advocated that the United States not coordinate its own reconstruction objectives with its two closest U.N. Security Council allies but rather pursue them unilaterally. This was a recipe for disaster.

As international actors feuded and Libya descended into chaos, Western nations acted out the ancient Bedouin proverb: “Me against my brother, my brother and I against my cousin, my brother, my cousin, and I against the outsider.” This proverb evokes the structure of an archetypal eastern Libyan tribe composed of equivalent and mutually opposed segments. Ironically, today, this famous proverb has come to apply to ineffective Western efforts at foreign-policy coordination. It also encapsulates the post-2016 political tribalization of many Western societies and factions’ inability to put aside feuds to focus on shared interests until forced to do so by existential threats.

Although it seems peripheral, events in Libya contributed to both the 2016 election of Donald Trump and Brexit. Indeed, partisan rancor surrounding Ambassador J. Christopher Stevens’s death in Benghazi, Libya, and the fear of migrants crossing the Mediterranean Sea were key tropes favoring a neo-populist outcome in both the 2016 U.S. election and Brexit referendum.

Furthermore, the Libyan power vacuum escalated feuds between rival powers in the region: Qatar/UAE, France/Italy, Turkey/Egypt, and Russia/the United States, which in turn led to further disorder in Libya and the world. Ironically, all of these feuding actors (and the Libyan people) would have benefited from a consensus outcome in Libya, but the nature of the current global system made necessary coalition-building and compromises unlikely.

Ten years since Qaddafi’s death, Libya lacks a constitution, a state with a monopoly on force, and economic institutions able to rationally order the economy. It is awash in competing power nodes: militias, tribes, rival aspirants to power, semi-sovereign economic institutions, and foreign mercenaries. To sort out this mess in Libya, as with climate change or tax havens, there is more of a need for global governance than ever before—and ironically less effective global governance than at any time in modern history.

Yet Libya also shows that global governance institutions tasked with coordinating the international community’s response to a crisis, like the United Nations, are currently thoroughly penetrated by those newly emboldened states that desire disorder (like Russia and China) so as to be nearly entirely ineffective.

Seen in this light, the ongoing struggle for Libya’s future provides a privileged lens into a wholly new period of international relations. In fact, examining Libya’s ongoing struggle for post-Qaddafi succession demonstrates that the current world system is not following the traditional playbook when a hegemon’s power wanes, ushering in a period of multipolar competition for spheres of influence.

The ongoing struggle for Libya’s future provides a lens into a new period of international relations: There is a free for all among a wide range of actors who do not necessarily seek to promote order.

Instead, major and regional powers today are not seeking to impose their system of order onto strategically located arenas of disorder. Rather, there is a free for all among a wide range of actors who do not necessarily seek to promote order or expand their own rules-based spheres of influence: from legacy colonial powers to rising regional powers to transnational nonstate actors like multinational corporations or the Islamic State. 

This situation has been widely theorized as being multipolar, but in reality, it’s nonpolar, as none of these actors necessarily intend to foster a comprehensive world order or even a coherent regional order within their sphere of influence. This is in stark contrast to the Cold War period, in which no location was unimportant enough for the United States or Soviet Union to cede ground by letting its opponent export its system of order there unrivaled.

Today, major powers are unwilling to invest sufficient political capital to bring about stability—in Libya or globally—in the short or medium term. The world’s most rapidly rising power, China, is largely absent as an alternative provider of order in geopolitical hotspots. In this new global system, instead of using their power to foster order, neo-populist leaders from Russian President Vladimir Putin to Turkish President Recep Tayyip Erdogan have deliberately promoted disorder.

Libya was the first theater in which major features of this new international relations era played out. Syria and Ukraine followed in its wake. A new era of global disorder has begun—and it will likely endure.

***

Jason Pack is the founder of the consultancy Libya-Analysis and the author of Libya and the Global Enduring Disorder. He was previously the executive director of the U.S.-Libya Business Association.

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Bouteflika: The Legacy of an Algerian Despot Opinion

Dr. Abdelkader Cheref

Bouteflika’s passing will not alter the autocratic and corrupt nature of the Algerian regime, mostly because he was one of its architects and fastidiously applied himself to consolidate the system during his 20-year reign as President.  Read More

December elections between American desire and Russian evasion

Abdullah Al-Kabir

Unexpectedly, the Security Council failed to renew the mission of the United Nations mission in Libya for a year, due to a British-Russian dispute over a draft resolution prepared by Britain and rejected by Russia, deciding only to extend it until the end of this month.
The dispute centered on the imposition of sanctions on perpetrators of war crimes, and on the formula contained in the resolution regarding the exit of foreign forces and mercenaries, as it appears that it carried indications that the concerned countries, including Russia, had to remove their forces from Libya, while Russia preferred a wording that spoke of withdrawal only, which gives it more flexibility in dealing with the file without pressure and bargains, and locks up any space for Western powers opposing its direct military presence in Libya, as part of its strategy to establish a sustainable presence that serves its interests to expand and build influence in Africa.
The hardening of the new Russian position in the Security Council in the face of the British draft resolution can be understood, as a reaction to the American position opposing any political role of Saif Gaddafi, as expressed by the US Assistant Secretary of State, saying that Saif Gaddafi’s candidacy represents a problem for the world, while Russia is betting on him as an important card through which it can regain its former influence in Libya, especially with the decline of Haftar’s role, which she cannot trust because of his relationship with the American intelligence, and then his role will be determined by the stage as a justification for the survival of its forces, and as a channel of communication with the Americans.
Intensifying the recent international movements with the visit of the Counselor of the United States Department of State, Derek Chollet and his meeting with officials in Tripoli, and the expected high-level meeting in New York, which will be chaired by Italy in partnership with France and Germany on the sidelines of the annual meeting of the United Nations General Assembly, and what is expected of movements during the remaining time before the date of the elections, is to push the Libyan parties to agree on the electoral laws, lest the passage of time and then having to postpone, which seems inevitable, given the intransigence of the Speaker of House of Representatives and his supporters among the MPs.
In the same context, the Egyptian move came at the invitation of Haftar and Aqila Saleh, two days before receiving the Prime Minister of the Government of National Unity, Abdel Hamid Dbeibah.
It was expected that Dbeibah and Haftar meet under Egyptian sponsorship, but Haftar does not seem to be in the process of conceding and recognizing the government for fear of possible repercussions. His popularity is declining in his areas of influence, in return for the rise of Dabaiba’s shares, and if the meeting that Egypt sought for takes place, he will not be able to prevent the government from moving comfortably in Benghazi, and this will increase his isolation in areas where no one will be allowed to compete with him. However, the conclusion of several agreements and contracts of economic benefit to Egypt with the Dbeibah government indicates a remarkable development in the Egyptian approach to the Libyan crisis.
This development will be reflected in Saleh’s positions on the issue of withdrawing confidence from the government, and disrupting the budget that Egypt will need to approve if it wants to activate the agreements on the ground and the beginning of the work of Egyptian companies.
The relative decline in the support that Egypt provided to its allies in the Libyan east during the past years, in return for consolidating the relationship with Tripoli and crowning it with economic contracts, was imposed by several variables, the first of which was the American trend towards calming conflicts in the region, the Egyptian-Turkish rapprochement and the disintegration of the Gulf front against Turkey and Qatar, but these developments in international and regional positions may clash with a different Russian position after Russia’s rejection of the Security Council resolution, and Haftar may find in them a last resort after a retreat.

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The State of Exception in Tunisia: Background, Significance and Prospects

Tunisian President Saied undertook exceptional measures to assume all powers, causing sharp internal and external polarisation between those who consider them an infringement of the democratic system and those who consider them necessary measures necessitated by the deteriorating conditions.
On 25 July 2021, Tunisian President Kais Saied invoked emergency powers under Article 80 of the constitution. Claiming the country was facing “imminent danger,” he subsequently dismissed the Mechichi government, suspended parliament, lifted parliamentarians’ immunity, and claimed prosecutorial powers for the presidency. The move came as the raging coronavirus epidemic brought the country’s health system to the brink of collapse, but this was simply the latest of a series of mounting economic and political crises.
The 2019 presidential and parliamentary elections ushered in a fragmented parliamentary and political landscape that made it impossible to form a stable government capable of addressing Tunisia’s problems. The deadlock was exacerbated by conflicts, both personal and jurisdictional, between the president and the former prime minister and between the president and the parliament, particularly Ennahda, the largest parliamentary party. Meanwhile, the constitutional body authorised to resolve questions of constitutional authority and the separation of powers—the constitutional court—has yet to be formed, giving rise to competing constitutional interpretations.
Saied’s actions further polarised an already deeply divided country and set off a profound controversy around the constitutionality of his invocation of Article 80 and the powers he has claimed under it. The domestic response has fallen into three broad camps. The first believes that Saied’s measures were necessary and constitutional and thus must be supported. Only the People’s Movement adopts this stance unreservedly. The second camp, which includes several political parties, civil society organisations, and most importantly the Tunisian General Labour Union (UGTT), views Saied’s actions as necessary, but is calling for some guarantees for a return to the democratic constitutional order. The final group views the emergency measures as a coup against elected institutions and democracy and is demanding an immediate termination of the state of exception. This is the position of parties that supported the Mechichi government, most importantly Ennahda, Heart of Tunisia and the Dignity Coalition, as well as various national figures and bodies.
With the exception of a few Arab states known for their antipathy to democracy and the Arab Spring, nearly all regional and international parties, including the United States, the European Union, the African Union and the United Nations, have expressed concern for Saied’s actions and their implications for the future of democracy in Tunisia.
Now more than a week after the emergency declaration, the situation in Tunisia remains fluid. Showing signs of hesitation and confusion, the president seems to have no plan, while opposition to his emergency measures is growing on the street and among the political elite. Throughout it all, the stance of the military has remained ambiguous. While it did not deploy in the streets or seize civilian institutions, it has carried out some of Saied’s measures, such as shutting down the parliament and denying parliamentarians’ entry. In this uncertain context, events could unfold in one of three ways.
First, the so-called coup could fail if the president is unable to execute his intentions in a timely way, which would entail the gradual rescinding of the emergency measures, particularly those related to parliament. Having secured the end of the Mechichi government, Saied could justify such a reversal to himself and his supporters, particularly given the considerable domestic and foreign pressure to refrain from further measures. In turn, regional mediation efforts may persuade Saied and parliamentary forces to pursue a more conciliatory path, perhaps through the formation of a consensus government. This is the most likely scenario given the support for it by influential domestic and foreign parties.
Second, the president could continue on the coup path, gradually expanding his exceptional powers, particularly if there is no street resistance and he feels the current level of pressure is bearable. This would derail democracy in Tunisia and could mean reprisals, large-scale political arrests, and possibly even the dissolution of political parties. While this scenario seems unlikely, certain regional parties may attempt to propel Saied down this path in the coming days.
Third, the coup could meet with popular resistance in the street, which could either lead to an explosion of violence and chaos or could thwart the coup and restore the previous status quo. This scenario is currently unlikely given that Ennahda has called on its supporters to withdraw from the street and given the difficulty of popular mobilisation under the bans on assembly and curfews announced by the president on 26 July. It could become more likely, however, if the emergency measures are prolonged and lead to large-scale political reprisals against the Saied’s opposition or threaten the entirely overturn the existing political order.
*This is a summary of a policy brief originally written in Arabic

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The post-Haftar phase

Abdullah Al-Kabir
The horizon seems to have become blocked for Khalifa Haftar and his political future is dependent on the developments of the American position on the Libyan crisis and the entire region. Judging by previous experiences, his fate, as well as the fate of his dynasty and his partners, is becoming clearer.
The Libya Stabilisation Act, passed by the US House of Representatives, and which is awaiting the approval of the Senate, will be a sword targeting many of the leading figures in the scene, led by Haftar. Since his children were at the heart of his bloody project after he granted them military ranks and assigned them to the highest positions in his militia, their fate will not differ from the fate of the sons of murderous leaders who preceded them in crime, including Saddam Hussein and Muammar Gaddafi.
There is an American insistence on holding the Libyan elections on time, and in the face of this slowness in taking the necessary steps leading to the elections, the US and Western countries are activating their diplomatic arsenal while threatening sanctions. This may be disrupted by the Russian veto and the supportive Chinese position if they are discussed in the Security Council. Therefore, a law was introduced specific to the Libyan situation, which gives American institutions at all levels the space required to move and confront the Russian infiltration into Libya and the Sahel, which threatens their interests and the interests of their allies and complicates the calculations of the US’ next conflict with China.
A few weeks before Congress voted on the law, Haftar’s agents signed a contract with two lobby groups to promote Haftar in American political circles and arrange meetings for him with White House officials for the purpose of propaganda and showing American support for him in the Libyan presidential elections. However, the contact was terminated after the law was voted on, as the lobbying groups and public relations companies would not find an official who would agree to meet Haftar, as some of the law’s clauses seem specially aimed at him.
Haftar is now being tried in absentia in Virginia, this is just an introduction to other cases that will be filed against him on charges of committing war crimes and crimes against humanity during the years he ignited wars in Libya under the pretext of fighting terrorism. These crimes reached their climax in the attack on Tripoli in April 2019, before his forces and mercenaries were defeated and fled, leaving behind devastation, mines and mass graves.
His defence team did not refute the charges against him because he does not have any counter-arguments that would hold up against the evidence presented by the victims’ lawyer. Instead, he is content with trying to gain immunity from trial based on claims that he bears presidential responsibilities and claims that Libyan laws punish those who provide information containing secrets belonging to the Libyan state with the death penalty. The court rejected this alleged immunity and gave Haftar two weeks to appear before the court and be questioned before the verdict is issued.
There have been reports that some major powers have offered Haftar the chance of safe exit, residence in the UAE, and putting an end to obstructing the path of transformation in Libya. I can confirm that the offer is true, or at least was proposed as an option amongst other options being discussed by the US and its allies for the success of the political settlement in Libya. However, the situation in his areas of influence must be stabilised.

Given the extent of the crimes committed by his forces and their documentation in several international reports, and the fact that the conditions for filing cases against him in Libyan and international courts have been met, it is likely that he would not accept an offer that will not protect him from prosecution for the remainder of his life. There is a precedent allowing for those who commit war crimes and human rights violations to be prosecuted, as former Chilean tyrant Pinochet remained immune from the judiciary even after he left power, but as soon as he travelled outside Chile, the international judiciary began to prosecute him for crimes and violations during his rule.

He was held under house arrest for a year and a half in London and his illness did not prevent him from being prosecuted. His inability to appear in court because of his severe illness prompted the Spanish judiciary to stop prosecuting him, and Britain allowed him to return to Chile to live out the rest of his days in isolation in a remote village.

It is known that Pinochet staged a coup against the elected Chilean President Salvador Allende in the 1970s with the support of the American intelligence. He was one of its prominent agents in Latin America to confront the communist tide, and then the US abandoned him, as it usually does when its agents are no longer of use.

It seems that Haftar’s use for American interests is coming to an end, and the passing of the Libya Stabilisation Act, the cancellation of his public relations contacts in the US to promote him in order to win the upcoming presidential elections, and increased talk of a safe exit are strong indicators of the post-Haftar phase approaching. This phase may be delayed if he chooses escalation and a failure to surrender to his inevitable fate. Does he still have any cards to play?

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This article first appeared in Arabic in Arabi21 on 18 October 2021

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The evolution of nonstate armed actors in the Middle East

Twenty years after 9/11, nonstate armed actors remain powerful forces in world politics, and are increasingly tied to regional and geopolitical power competition. In various parts of the Middle East, they have become deeply entrenched not only in local political systems, but also in national government structures.

Nor are they a recent phenomenon in the Middle East. As early as the 1960s, the United States and Jordan adopted coordinated responses to nonstate armed actors, such as various Palestinian movements, some of which engaged in spectacular terrorism and posed a significant threat to Jordan.

Since then, various insurgent, terrorist, and militia groups have become a major feature of countries such as Iraq, Lebanon, Syria, and Libya.On October 14, the Brookings Institution’s Initiative on Nonstate Armed Actors convened a panel exploring the evolution of nonstate armed actors in the Middle East over the past several decades, and of U.S. and international policy responses toward them.

With a focus on Jordan, Iraq, Lebanon, and Libya, the panel explored among other issues changes in the balances of power between governments and nonstate armed actors, the incorporation of nonstate armed actors into state structures, the role of Iran, the adoption of new technology by nonstate armed actors, and U.S. policy approaches, constraints, and innovations. After their remarks, panelists took questions from the audience.

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The economic cost of the Libyan conflict (3)

This study seeks to inform the Libya socioeconomic dialogue participants on the costs and losses associated with conflict in Libya when discussing alternative socioeconomic frameworks for the country’s sustainable development. Read More

Challenges and Opportunities Facing Women in Libya

MEI-NAPI Youth Roundtable

The Middle East Institute (MEI) and the North African Policy Initiative (NAPI) are pleased to announce the fifth in a series of roundtable discussions inviting engaged Libyan youth to share their perspective on the key issues facing their country’s future. This event will feature young Libyan activists and researchers who will share their views on the challenges and opportunities facing Libyan women as the country seeks to advance in its political transition.   Read More

Imprisoned Libyan footballers highlight Italy’s criminalisation of refugees

Marta Bellingreri
The case of four Libyan men sentenced to 30 years in prison in Italy has illustrated how migrants themselves can end up accused of human trafficking, one new report states.
Joma Tarek Laamami hoped to play football in Germany, but has been convicted of causing the deaths of 49 people on a boat to Italy (Supplied)

Laamami is in Syracuse, Sicily, where he has spent the past six years in prison, since the day he arrived in Italy. He sits inside a room in the prison where family calls are allowed once a week. On screen, Laamami greets his young nieces, who are well dressed for Friday’s family gathering. 

“He speaks Italian, works, studies, does sport… but his life sometimes seems to have ended,” his mother, Suad, tells Middle East Eye. In her house in Benghazi, she proudly collects his football shirts, school diploma and pictures with the football team and fans.

“Tarek was loved by everyone who knew him. He’s someone who always smiles, even when he’s sad,” she adds. 

As a footballer playing in his local team, Tahadd Benghazi, Laamami escaped the war in Libya in 2015 and had hoped – along with three of his teammates, Alaa Faraj (known by Italian authorities as Abdel-Karim Hamad Faraj), Abdel Rahman al-Monsif and Mohannad Nuri – to find a better future in Europe and follow his dreams to one day play for a German team.

But tragedy struck the precarious wooden boat transporting the footballers and other people from Zuwara, Libya, towards Italy when 49 people died of asphyxiation in the cargo hold.

Witnesses on the boat blamed Laamami and the other Libyan footballers for the deaths, accusing them of preventing the people locked inside the hull from going outside. 

The men have denied all wrongdoing, saying they were only passengers, like the other victims, and were not tasked with maintaining order.

One of the other men accused, Tunisian citizen Chouchane Mohamed Ali, admitted to having sailed the boat, but he denied there was a crew, or that the other accused had any pre-ordained role on board. 

On 2 July 2021 an Italian court rejected an appeal and sentenced the four Libyans and Ali to 30 years in prison for human trafficking and murder.

Ever since they were first imprisoned, relatives and friends have organised peaceful demonstrations in Benghazi, calling on the Italian authorities to release the footballers.

Laamami is one of more than 2,500 undocumented people arrested in Italy since 2013 for allegedly sailing boats across the Mediterranean, according to a new report, From Sea to Prison, issued by a number of refugee NGOs and drawing on police data and evidence from hundreds of jail sentences.

Crackdown on ‘boat drivers’

Using anti-mafia laws designed to combat international criminal organisations, Italy arrests and imprisons people who sail boats carrying people seeking refuge in Europe, accusing them of being smugglers. But these people are often victims of the trafficking organisations themselves, either forced to steer the vessels or coerced into doing so as a means of paying for their journey to Europe.

The cases studied in From Sea to Prison resulted in prison sentences of more than 20 years, while seven others involved life sentences. In some instances, judges condemned the accused without fulfilling even basic legal procedures, such as providing an opportunity for them to be identified by the witnesses in court.

Laamami and his footballer friends have never been identified in court in the presence of a judge by the witnesses who accused them of responsibility in the deaths. Only nine out of the 313 passengers on board have given testimony to the Italian authorities, six years after the 49 died. 

The report, says Germana Graceffo, a legal expert specialising in immigration, “represents the clear failure of migration policies”.

One of the focal points of the report is a distinction often disregarded by the Italian justice system – as well as the media – about the different types of boat “drivers”, a number of whom are coerced by traffickers, or otherwise led by necessity – with the promise of letting relatives board the vessel for free, or in the face of choppy seas – into captaining the boat. But regardless of their actual position of responsibility on board, these drivers can end up being held legally responsible if there are several deaths en route.

According to data in the report, 35 percent of the accused boat drivers are from North Africa, 21 percent from Eastern Europe, 20 percent from West Africa and under 4 percent each for East Africa, Turkey and Middle Eastern countries.

The report adds that Italian police often make rushed assumptions on who is guilty of trafficking based on the colour of people’s skin or perceived origin – with North Africans more likely to be viewed as the traffickers and sub-Saharan people as the victims. Identical charges in a large number of trials show how the context and singularities of the journeys in extremely precarious conditions are often not taken into account, the report argues. 

From Sea to Prison pointed to a number of failures of the legal and penal system, some of which Laamami and the other Libyan footballers experienced themselves: the lack of professional translators for the accused, leaving room for misinterpretation; or a lack of investigation into the dynamics on board the migrant vessels, with only a small number of passengers being questioned. Moreover, the identification of alleged perpetrators is often made through grainy black-and-white photographs instead of in person.

Once the alleged boat drivers are brought to court, public defenders are often not invested in their clients’ cases. Laamami witnessed this first-hand, when the public defender in charge of his case asked for five minutes in court to read the documents of the trial.

“How could he argue without having studied them all the night before?” Serena Romano, the lawyer Laamami later nominated following the appeal court’s sentence, told MEE.  

‘I spent two years in prison just because I helped drive the boat, and for seven months I didn’t see a lawyer’

– Cheikh Sene, Senegalese fisherman

Cheikh Sene, a Senegalese fisherman who left his country because of the fishing crisis and crossed the Mediterranean from Libya, is part of the team that worked on the research for the report.

“I spent two years in prison just because I helped drive the boat, and for seven months I didn’t see a lawyer. When I saw him, he didn’t speak my language,” he tells MEE. “Today, people who know they will be arrested no longer help drive the boat, and this increases the risk of deaths at sea.”

This fear, in effect, means that many of the overcrowded boats are essentially at sea without anyone in charge.

The report states that while Italy has been criminalising undocumented migration for over a quarter of a century, this push has increased since 2015, with laws adapted to further crack down on people migrating. 

“What needs to be reconsidered,” says immigration lawyer Graceffo, “is the Italian legal framework that puts those who manage and organise the traffic on the same level as their victims.

“This does not prevent deaths at sea, which are a direct consequence of the lack of a legal route to Europe,” Graceffo adds. “Criminalisation… on a judiciary level hides Italy’s failures in the fight against criminal organisations, and on a political level diverts attention from Italy’s real responsibilities in human trafficking.”

Even when prisoners are acquitted due to a lack of evidence, the economic and social hardships experienced by ex-prisoners leave them in limbo, despite the fact that they are entitled to compensation from the Italian state for the time they spent in unjust detention and yet they might not be adequately informed of their rights, or face bureaucratic obstacles.

‘He was not on a cruise ship!’

“The trial was a farce,” Romano, Laamami’s lawyer, told MEE.

She added that the trial should have not even have proceeded without formal permission from the Italian Minister of Justice to prosecute cases of alleged murder or manslaughter that took place in international waters, outside Italian territory.

Instead, the Libyan footballers were tried for aiding and abetting illegal immigration, which does not require any further permission. Even though the life stories of the four men, and the fact they had paid for the journey, were acknowledged, the court nonetheless concluded that they were recruited by the criminal organisation and they then deliberately trapped the 49 people in the cargo hold. 

Carmelo Zuccaro, the public prosecutor in the Sicilian city of Catania, did not reply to an MEE request for comment by the time of publication. But back in 2020, he told the Italian newspaper Corriere della Sera that the trial “had nothing to do with young footballers”. 

“They were condemned, not only for being in command of the boat, but also for murder,” Zuccaro said at the time. “The 49 migrants… were mercilessly left to die; the hatchway was bolted so as to not let them on deck. One of the most brutal episodes ever recorded.”

But according to Romano, many unclear elements collected in the testimonies after the shipwreck do not show what really happened on the boat.

“If Tarek was next to the door of the cargo hold under which 49 people died, does that mean he was responsible for their deaths?” she asked. “And if he prevented someone from getting out of that hatch – and we don’t know even if it was possible to open it – did he not do so in extreme circumstances in which any movement of the people could have caused the capsizing of the boat and the death of all? Tarek might have acted out of survival instinct – he was not on a cruise ship!” 

Romano went further, and said that none of the witnesses who testified in the case said they had prior knowledge of there being people in the cargo hold, meaning those found dead inside the vessel could have succumbed in the very first hours of the journey on the Libyan coast, locked in before hundreds of other migrants were taken on board. 

“I don’t know how the court of cassation could have confirmed that sentence,” Romano said. She is still looking for other passengers who could reveal what happened on the boat, while simultaneously trying to appeal to the European Court of Human Rights (ECHR). 

Meanwhile, Laamami and his companions remain in prison.

Before the court passed sentenced Laamami had dyed his hair blond. Perhaps he was expecting to be freed and wanted to celebrate.
“As I told him that the sentence had been confirmed, he clung to me and cried like a child,” Romano told MEE. “They killed their hopes and this trial cries out for justice.”
****
Marta Bellingreri is an Italian researcher and reporter who has lived and worked in many MENA countries, writing for international and Italian magazines. The author of two books about Lampedusa and minor migrants, Bellingreri was also involved in the production of the films On the Bride’s Side, Shores and Isola.
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Libyan Parliament’s New Election Law: Terms and Implications

The Libyan parliament met on Monday 4 October in Tobruk to pass a law on legislative elections, less than one month after passing a law on the election of the head of state.
The adoption of the two laws comes two and a half months before the date set by the Libyan Political Dialogue Forum for holding general elections. Similar to the adoption of the Presidential Election Law, the adoption of the Parliamentary Election Law has sparked friction and objections from some who argue that certain articles were tailored to strengthen the position of specific parties.

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Libya: Resuscitating a bleeding healthcare system

Dr Hani Shennib

Dr Hani Shennib
Dr Hani Shennib completed first critical carotid surgery in Zleiten Medical Centre on 76 year old woman.
When I suffered from a foot injury as a young man in Libya, prior to Gaddafi’s coup d’état in September 1969, I received prompt and efficient care at one of Benghazi’s social security polyclinics. Libyan citizens had access to both private and public medical coverage, with equipped hospitals staffed by the best foreign doctors and nurses. King Idris’s government had even begun investing in its own young physicians, granting them scholarships to the United States and luring them back with economic incentives.
I was one of those aspiring students to be sent to Texas; but I would be diverted to Egypt when Gaddafi came to power, placed instead at one of Gamal Abdel Nasser’s Arab Nationalist medical schools. Thereafter, I would escape to North America to complete my medical studies at McGill University and University of Toronto and qualify as a leading Cardiothoracic surgeon.
Fast forward to my recent trips to Derna, a city in the eastern region of Cyrenaica, that was bombarded and razed to the ground in 2017 during battles between the Libyan National Army and the Derna Protection Forces (DPF). There had been one hospital to cater for the locals, though unsuitable for patient care in my view, having been neglected by the changing authorities over 50 years. Now, despite all the promised government funding and international support, I found its condition worsening, so that the only medical facility for a population of 200,000 is deserted, revealing a dire level of negligence by a centralised government 1,000 miles away in the capital Tripoli.
Between that promising historical snapshot and today’s dismal conditions, there was the harm wrought by the 42-year dictatorship era, when all health and educational institutions had been nationalised, replacing apt practitioners with revolutionary mobs. I had left long before the damage had become so entrenched; with some time being active in the political opposition which had led to a sentence to prison in absentia.
When in the early 2000s Libya had somewhat returned to the international fold, I did get an invitation by one of Gaddafi’s sons to return to the country with the ambiguous brief of ‘General Advisor on Health Affairs’. Tasked to review the sector, I received royal treatment with publicity to portray the regime’s new espousal of modern governance. I remember hopping in and out of cars and airplanes, going to clinics and hospitals all the way from Al Jmeil (close to the western border with Tunisia) to Tubrok (port city most to the east). What I witnessed shook me to the core.
There were dozens of hospitals sitting idle, with white elephants worth billions of dollars lying unused; the steel doors, windows and equipment rusted by the brutal humidity. On paper these were staffed but none of the employees had ever set foot in them! A sham, this front had been used to embezzle billions of dollars from the rentier oil economy with consent from the top; and, thus, it had deprived thousands of Libyans of suitable care and forced them to travel, daily sometimes, to health facilities in nearby countries, like Tunisia and Egypt.
Since the February 2011 revolution and following decade of turmoil, Libya’s healthcare system is bleeding and struggling for life. Although Gaddafi was removed, this did not magically result in improvement for the country’s vital organs, nor did it miraculously transform people’s fraudulent and lazy habits. With the changing governments, East versus West divisions, shifting militia ownership of land and regions, as well as the deterioration of security, it makes for a profound case puzzling all expertise.
After several medical missions to Libya and studying the precarious system, I assembled a group of consultants with the Libyan Expertise Forum for Peace & Development (LEFPD), to reach a consensus: that Libya’s situation calls for a bottom-up re-engineering strategy. It is no longer possible for a model of central governance, first designed in the late 1940s during the British Mandate, to continue to provide policies and application. Decentralisation is the way forward, with the creation of a hybrid administrative system and a local government coalition, based on three to six primary geographical zones.
To transcend the political and security differences and effectively triage and prioritise healthcare initiatives, we have called for a National Health Council. Although first ignored by the UNSMIL, international donors and consecutive adversary governments, we still propose it. With the pressure on the current care-giver government of Prime Minister Abdul Hamid Dbeibah to deal with public services – he was publicly urged to do so by US Secretary of State Antony Blinken – the time to act is now and not later.
Looking ahead, the LEFPD will convene a conference in November to bring Libyan and international healthcare experts, to lay out ideas and propose concrete steps to the government and other stakeholders, in the hope of jumpstarting the Libyan healthcare reform efforts and resuscitating them.

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The economic cost of the Libyan conflict (2)

This study seeks to inform the Libya socioeconomic dialogue participants on the costs and losses associated with conflict in Libya when discussing alternative socioeconomic frameworks for the country’s sustainable development.

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The economic cost of the Libyan conflict (1)

This study seeks to inform the Libya socioeconomic dialogue participants on the costs and losses associated with conflict in Libya when discussing alternative socioeconomic frameworks for the country’s sustainable development. Read More

Libya’s Warring Sides, Including Russian Mercenaries, May Be Guilty Of War Crimes

Lucy Gorman

While conducting a Fact-Finding Mission in Libya, investigators from the U.N. say they have uncovered evidence of war crimes committed since 2016.The individuals conducted interviews, reviewed documents, and researched in Libya under the  project created by the Human Rights Council in 2020.

A wide range of crimes were unveiled from violence against citizens, recruitment of child soldiers, mass killings, and torture that were all published in the report.

The conflict in Libya ran from 2011-2020 between forces backing rival governments across the State that had support from mercenaries, foreign fighters, and regional powers. The report highlighted a group of mercenaries from Wagner, a Russian security firm, where it is believed they committed the war crime of murder while shooting prisoners.

Mohamed Auajjar, a Moroccan Politician, served as an ambassador of the Kingdom of Morocco and chaired the three-person mission in Libya. He stated that “All parties to the conflicts, including third states, foreign fighters and mercenaries, have violated international humanitarian law, in particular, the principles of proportionality and distinction, and some have also committed war crimes.”

The Wagner company at the center of these allegations, is unable to be reached by news agencies such as Reuters. When asked in 2020 about Russian mercenary activity in Libya, President Vladimir Putin stated that if any Russians were fighting there they did not represent the Russian state.

Evidence for war crimes in Libya have been found across the nation especially targeting vulnerable populations. According to the Human Rights Council, their report documented the recruitment and participation of children in hostilities, killings and sexual violence against prominent women figures, and violence against vulnerable populations including LGBTQI persons.

It was also found that attacks were conducted on hospitals and schools and that migrants and detainees were particularly exposed to violations. According to Reuters, investigators found that Wagner personnel left behind a tablet with a map showing land mines that had been placed near civilian buildings killing individuals since June 2020.

The findings from the U.N. report are incredibly alarming as war crimes are a major violation of international law. These events raise urgent questions and concerns as these types of crimes, and specifically crimes against humanity, are not tolerated.

Libya has been characterized by violence and turmoil for the last decade with Russia, Egypt, and the UAE backing forces in the East and Turkey backing forces in the West. According to Reuters, much of Libya has been dominated by a myriad of armed groups battling for territorial control.

Amid the instability and violence during the civil war, investigators said there were “reasonable grounds” to believe that war crimes were committed in Libya and these may have amounted to crimes against humanity. Civilians endured suffering from the effects of war in essentially all aspects of their life including violence against them and constant worry over family.

Active combat in Libya had been paused since 2020 as all sides accepted a ceasefire and an interim government until an election can be held later this year. According to the United Nations, Libya assured the Council of Libya’s political will that it will promote human rights and that they would cooperate with the Mission in hopes of helping the current Libyan political state. Libya’s efforts include deterring all forms of violence through the creation of a unified government.

The U.N.’s Fact-Finding Mission proved to be critical in understanding the conflict in Libya and revealing the disturbing war crimes being committed. It is hopeful that the U.N. is working with the nation and other entities to address and manage these violations.

***
Lucy Gorman has been a correspondent intern at the OWP since 2021. She is a junior at the University of North Carolina at Chapel Hill, studying Peace, War, and Defense and Psychology with a concentration in intelligence and international relations. Through her studies, she has developed a special interest in counter-terrorism, understanding the effects of war on populations, and regions of the Middle East and East Asia.
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The Organization of World Peace

Libya’s Oil Sector Descends Into Chaos As Deputy-Minister Resigns

The resignation of Libya’s deputy oil minister, Refaat al-Abbar, last week threatens to make the current uneasy situation in Libya’s oil sector even worse. As it stands, Libya is currently producing around 1.2 million barrels per day (bpd) of crude oil, but has lans to increase this to 1.45 million bpd by the end of this year, 1.6 million bpd within two years and 2.1 million bpd within three to four years. 

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The recycling of warlord

Abdullah Al-Kabir

Things are not going well in American political circles for Haftar, it seems that his shares are in decline, and the US administration is no longer betting on him to take the helm in Libya, whether by armed force or through elections.

A strong indication of the validity of this hypothesis is the news published in last Thursday’s issue of the Wall Street Journal, where it stated that Haftar contracted with Lanny Dennis, aide to former US President Bill Clinton, and Bob Levinston, a former member of the House of Representatives, to promote and publicize him in the White House and other American institutions, adding that the first step of the duo, Dennis and Levinstone, in the project of recycling Haftar, is to remove the title of warlord that the American and Western press in general called Haftar on the eve of his failed attack on Tripoli in April 2019.

The value of the contract between the American duo and Haftar amounted to about one million dollars, and because money is the god that has no partner with Levinston and Dennis, the newspaper indicated that they justified their acceptance of the task despite the lawsuits filed against Haftar in American courts, on charges of war crimes and human rights violations, that Haftar’s advisors denied the charges and affirmed Haftar’s innocence of these allegations, as if this denial is sufficient and there is no reason to wait for the court’s ruling! Or even pay attention to the issue of the agreement of most newspapers to describe him as a warlord, or to read the reports of experts of the Security Council and human rights organizations, and the pleadings of the International Criminal Prosecutor before the Security Council.

Haftar did not need publicity and promotion with the American decision-maker during the past years, as successive administrations turned a blind eye to his crimes and violations, and did not seek to curb him by threatening to hold him accountable internationally, and the support reached its climax when former President Trump contacted him during his war on Tripoli, praising him for his security of the flow of oil and his war against terrorism, and the call was interpreted at the time as a green light for Haftar to proceed reassuringly in the invasion of Tripoli.

About a month before the move to contract with promoters in Washington, the US ambassador and special envoy to Libya, Richard Norland, summoned Haftar and met with him in Cairo, the meeting took place urgently on August 10, following a speech delivered by Haftar the day before, taking advantage of the anniversary of the founding of the Libyan army to announce that it would not submit to any authority, and that it would confront all conspiracies targeting his forces.

During this meeting, which took place late at night in Cairo, Norland expressed to Haftar his annoyance with what was stated in the speech, as it clashed with the international plan for a political solution in Libya, and that if he wanted to reach power, he had to present himself to the Libyans through elections to accept him or reject him and respect the choices of the people. “All roads to power are blocked except for elections”, this is the message of the American administration to Haftar after his military failure, and the situation worsened with the Russian incursion into Libya.

This development in the American position forced Haftar to appear on several occasions in civilian clothes, to promote himself in what resembled electoral festivals in cities and villages under his influence. But the matter requires moving in more than one direction by restoring American support by removing the image of the warlord from him through the Dennis and Livingstone company, and presenting him to the White House as a civilian leader ready to take off the military uniform, and give up the medals that his chest entailed to carry, and a potential candidate to win the Libyan elections.

Politically, Parliament Speaker Agilah Saleh initiated the issuance of the presidential election law, on conditions that allow Haftar to run in the elections, while maintaining his military position if he does not win, a law issued in violation of the road map, the Skhirat Agreement, the constitutional declaration and Security Council resolutions. Despite the international emphasis on holding the elections on the date set for them in the road map, Saleh’s unilateral issuance of the presidential election law will further obstruct it, and UN envoy Jan Kubis will surely retract his cautiously welcome position after the law was rejected by the Supreme Council of State, and 22 deputies, emphasizing not to vote on it in Parliament after discussion. All attempts by Haftar and his ally Saleh will eventually reap failure.

No promotion in the White House will bear fruit, because the number of crimes and violations of international law over the years is greater than all counter-propaganda, reinforced by lawsuits before the American judiciary that his defense team was unable to refute. No politician will venture to support a war criminal whose fate is inevitable to stand before justice, and any elections that are uneven with all constitutional and security conditions will be rejected. The most that he can do is to further obstruct the political solution, and he has succeeded in this several times before, most recently by blowing up the National Forum with his sudden attack on Tripoli. Will he succeed this time too?

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Holding parliamentary elections 30 days after the 24 December 2021 presidential elections – some reflections

Sami Zaptia

Reacting to his own parliament, House of Representatives member for Tarhuna, Abu Bakr Ahmed Said, said it is important that parliamentary and presidential elections be held simultaneously – not thirty days apart as prescribed by the election law issued by the HoR on 3 October.

The HoR member said:

  • The Libyan Political Dialogue Forum’s (LPDF) Road Map (agreed in Geneva in November 2020) states that the elections are held simultaneously, that is on one day (parliamentary and presidential), and any retreat from this commitment will give justification to the other parties to renege on their promises and may hinder the completion of the elections on their scheduled date of 24 December 2021.
  • Our focus today should be on the legislative authority and its re-election after it spent more than 6 years in power, not the other way around, and this is an important priority for the success of the new executive authority.
  • Holding legislative elections ensures the end of the role of the High State Council and the end of the stage of political division. The continuation of the House of Representatives after next December will justify the continuation of the division and the survival of the High State Council as a parallel body to the legislative authority.
  • The election of a new legislative authority will contribute to the unification of the affiliated institutions (the Central Bank of Libya, the Audit Bureau, the Administrative Control Authority, the Anti-Corruption Authority) and the assignment of new administrations to them, and this step is very important to support the next president and his government and state institutions to implement their obligations.
  • In the event that the competition for the presidential elections is decided in the first round – before which authority will the elected president swear the constitutional oath?
  • Holding presidential and parliamentary elections at the same time helps reduce financial spending on elections and saves a lot of time and effort.

He concluded: ‘‘No to the extension of parliament’s term beyond the 24 December 2021, and yes to the parliamentary and presidential elections.’’

***

New parliamentary election law based on individual not parties or list system | (libyaherald.com)

HoR approves parliamentary election laws | (libyaherald.com)

No one should have veto over electoral legislation – voters should be trusted by Libyan political elite: U.S. Ambassador Norland | (libyaherald.com)

UNSMIL commends positive atmosphere at Rabat HoR-HSC meeting – no clear outcome on elections | (libyaherald.com)

High State Council proposes alternative constitutional basis, parliamentary and presidential rules for holding 24 December elections – Another obstructionist move? | (libyaherald.com)

Presidential election law ‘‘approved’’ by HoR and sent to HNEC and UNSMIL- HSC rejects it | (libyaherald.com)

HoR Committee completes drafts of 2021 election laws at Rome meeting | (libyaherald.com)

HoR Committee arrives in Rome for four-day deliberations on election laws | (libyaherald.com)

While acting as technical advisor in the HoR-HNEC Rome meeting, UNSMIL urges HoR and HSC to work together on constitutional basis for elections | (libyaherald.com)

LPDF Proposals Bridging Committee meets virtually in effort to agree on constitutional basis for elections | (libyaherald.com)

Economic Working Group urges Libyan stakeholders to find compromise solutions on stalled 2021 budget, progressing unification and provide urgent services to Libyans | (libyaherald.com)

HoR to hold session ‘‘to complete’’ budget law, election law, electoral districts, and the position of head of Intelligence | (libyaherald.com)

While acting as technical advisor in the HoR-HNEC Rome meeting, UNSMIL urges HoR and HSC to work together on constitutional basis for elections | (libyaherald.com)

HoR Committee arrives in Rome for four-day deliberations on election laws | (libyaherald.com)

Spoilers and status quo forces are obstructing holding of December elections: Kubis to UNSC | (libyaherald.com)

Over 51,000 new voters recorded on the electoral register | (libyaherald.com)

We must do everything to ensure potential internal and external spoilers do not derail Libyan elections: U.S. Representative to the United Nations | (libyaherald.com)

LPDF Bridging Committee met in effort to propose consensus on constitutional basis | (libyaherald.com)

Hafter calls on Aldabaiba government to implement the Berlin Agreement in full | (libyaherald.com)

Libya’s Presidency Council could issue constitutional basis decree to bypass political impasse – Koni | (libyaherald.com)

HoR has begun preparing election law: Saleh to Kubis | (libyaherald.com)

LPDF fails to reach consensus on constitutional basis for elections – Libyan elections in balance | (libyaherald.com)

Several LPDF members trying to insert “poison pills” to ensure elections will not happen: US Special Envoy | (libyaherald.com) 

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Crimes against humanity, war crimes committed in Libya: UN probe

War crimes and crimes against humanity, including the use of child soldiers, have been committed in Libya since 2016, a United Nations investigation revealed on Monday.

The Independent Fact-Finding Mission on Libya, commissioned by the UN Human Rights Council, said migrants and detainees were particularly exposed to violations.

Landmines have killed or maimed many people; Europe-bound migrants face abuse in detention centres and at the hands of traffickers; detainees languishing in horrific conditions in prison are tortured; while prominent women have been killed or have disappeared, the mission’s report said.  

“There are reasonable grounds to believe that war crimes have been committed in Libya, while violence perpetrated in prisons and against migrants there may amount to crimes against humanity,” the mission said in a statement.

The unrest in the north African country has had a dramatic impact on Libyans’ economic, social and cultural rights, as borne by attacks on hospitals and schools.

“All parties to the conflicts, including third states, foreign fighters and mercenaries, have violated international humanitarian law, in particular the principles of proportionality and distinction, and some have also committed war crimes,” said Mohamed Auajjar, who chaired the three-person mission.

The mission said it had identified individuals and groups – both Libyan and foreign – who may bear responsibility for the violations, abuses and crimes.

The list will remain confidential until it can be shared with appropriate accountability mechanisms.

Though the Libyan judicial authorities are investigating most of the cases documented in the report, the process “faces significant challenges”, the experts said.

In June 2020, the Human Rights Council – the UN’s top rights body – adopted a resolution calling for a fact-finding mission to be sent to Libya. The move had Tripoli’s support.

The experts, appointed in August last year, were charged with investigating alleged violations and abuses of international human rights law and international humanitarian law committed in Libya since 2016.

Auajjar was joined by and fellow human rights experts Chaloka Beyani and Tracy Robinson.

They gathered and reviewed hundreds of documents, interviewed more than 150 individuals and conducted investigations in Libya, Tunisia and Italy.

Their report documents the recruitment and direct participation of children in hostilities, plus the enforced disappearance and extrajudicial killings of prominent women.

Rights situation ‘dire’

Oil-rich Libya has been torn by conflict since the 2011 toppling and killing of dictator Moamer Kadhafi in a NATO-backed uprising, with rival administrations vying for power.

“The findings unveil a dire human rights situation,” the report said.

The experts said civilians had paid a heavy price for the hostilities, notably due to attacks on schools and hospitals, while anti-personnel mines left by mercenaries in residential areas have killed and maimed civilians.

Meanwhile migrants seeking passage across the Mediterranean Sea to Europe are subjected to a litany of abuses in detention centres and at the hands of traffickers, said Beyani.

Violations are committed “on a widespread scale” by state and non-state actors, “with a high level of organisation and with the encouragement of the state – all of which is suggestive of crimes against humanity,” the Zambian expert said.

Meanwhile in prisons, some detainees are tortured on a daily basis, the report said.

“Arbitrary detention in secret prisons and unbearable conditions of detention are widely used by the state and militias against anyone perceived to be a threat to their interests or views,” said Robinson.

“Violence in Libyan prisons is committed on such a scale and with such a level of organisation that it may also potentially amount to crimes against humanity.”

The report will be presented to the Human Rights Council in Geneva on Thursday.

The experts want the council to extend their mandate for a further year.

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Inclusive development vision for Libya to ensure no relapse of violence launched by UN’s ESCWA

Sami Zaptia

As part of efforts to promote a sustainable peace process in Libya and prevent a renewed relapse of violence, the United Nations Economic and Social Commission for Western Asia (ESCWA) has launched on Saturday a “Vision for Libya: Towards a State of Prosperity, Justice and Institutions”, which is the most comprehensive and deepest in terms of addressing the economic, social and institutional policies needed to chart Libya’s future path. Read More

Libya detains 4,000 people in major anti-migrant crackdown

Hundreds of women and children among those detained during raids in Gargaresh town.

A major crackdown in western Libya has resulted in the detention of 4,000 migrants, including hundreds of women and children, according to officials.

The raids took place on Friday in the western town of Gargaresh as part of what authorities described as a security campaign against undocumented migration and drug trafficking. The interior ministry, which led the crackdown, made no mention of any traffickers or smugglers being arrested.

Officials said on Friday that 500 undocumented migrants had been detained but on Saturday reported that number had reached 4,000.

The United Nations (UN) said one migrant was killed and at least 15 others injured when Libyan security authorities carried out the raids.

“Unarmed migrants were harassed in their homes, beaten and shot,” the UN humanitarian coordinator for Libya Georgette Gagnon said.

Gargaresh, a known hub for migrants and refugees, is about 12km (7.5 miles) west of the Libyan capital, Tripoli. The town has seen several waves of raids on migrants over the years, but the latest one was described by activists as the fiercest so far.

“We are hearing that more than 500 migrants including women and children have been rounded up, arbitrarily detained and are at risk of abuse and ill-treatment,” said Dax Roque, Libya’s director of the Norwegian Refugee Council, in a statement on Friday.

“Migrants and refugees in Libya, particularly those without legal residency in the country, are often at risk of arbitrary detention. Torture, sexual violence, and extortion [are] rampant in Libyan detention centres,” the statement added.

The prisoners were gathered in a facility in Tripoli called the Collection and Return Center, said police Colonel Nouri al-Grettli, head of the facility. He said the migrants have been distributed to detention centres in Tripoli and surrounding towns.

A government official said authorities would “deport as many as possible” of the migrants to their home countries. He said many of those detained had lived without documents in Libya for years. The official spoke on condition of anonymity because he was not authorised to brief the media.

Chaos in the oil-rich nation

Since the 2011 NATO-backed uprising that removed and killed longtime leader Muammar Gaddafi, Libya has emerged as the dominant transit point for people fleeing war and poverty in Africa and the Middle East, hoping for a better life in Europe.

Human traffickers have benefitted from the chaos in the oil-rich nation and smuggled people through the country’s lengthy border with six nations, before packing them into ill-equipped rubber boats in risky voyages through the perilous Central Mediterranean Sea route.

Tarik Lamloum,  a Libyan activist working with the Belaady Organization for Human Rights, said the raids involved human rights violations against the migrants, especially in the way some women and children were detained. He did not elaborate.

Some thousands of refugees and migrants are held in official detention facilities, some controlled by armed groups, as well as an unknown number in squalid centres run by traffickers.

Sara Prestianni, a migration officer at Euromed rights, said the situation for migrants in Libya was becoming “more worrying” due to the “use of violence”.

“The only solution … is to open a humanitarian corridor that can let people go out from Libya and reach the European territory in a safe way, otherwise, people will stay in detention suffering mistreatment,” Prestianni said.

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Today’s Libya Won’t Be Easy For Gadhafi’s Son

Jalel Harchaoui

Jalel HarchaouiHow a sibling rivalry at the heart of the Gadhafi family split the Libyan regime in its final years — and, to this day, still affects Saif al-Islam Gadhafi’s chances at influencing post-revolution Libya.

Ahead of potential elections in Libya this December, elites and armed leaders across the country’s political spectrum scheme and scramble, in hopes to exploit, circumvent or thwart the U.N.-prescribed contest. Amid already high uncertainty, the late Libyan leader Moammar Gadhafi’s surviving offspring seem to have a knack for adding to the confusion by making headlines, as though to remind the embattled North African nation that the former regime, toppled 10 years ago, isn’t quite done shaping its fate. On Sept. 5, the government in Tripoli released one of Gadhafi’s sons, Saadi, who flew out of the country after seven and half years spent in a Tripoli prison. Mere weeks earlier, as part of a much-noticed feature, The New York Times Magazine published the first picture in years of Saadi’s older and more important brother, Saif al-Islam.

Since 2017, the international press has often given the impression that Saif could gain a wide following in post-revolution Libya. After a period of captivity in Zintan, southwest of the capital, he has been preparing a high-profile comeback, which his sympathizers predict will substantially alter the country’s political landscape. “Saif puts everyone in agreement,” a supporter once assured Le Figaro, a French daily. According to this narrative, when the 49-year-old emerges onto the political stage, the “Greens” — Libyans who believe that the Gadhafi rule should not have been overthrown in 2011 — will finally mobilize and merge into a unified movement that will then attract an even wider constituency.

Such predictions are hard to reconcile with the not-so-distant past: The 2000s revealed Saif to be a polarizing rather than a unifying persona. Moammar never earnestly clarified his plans for succession — and, had he done so, it’s not certain Saif would have been first in line. Amid political dysfunction, hatred flourished between Saif and his younger brother Mutassim. The autocrat used his sons’ mutual rivalry to buy time and remain alone in power. This spawned a rift among the regime’s most crucial supporters, who couldn’t agree how to govern — or who should govern Libya. Any realistic diagnosis of Saif’s chances in 2021 requires revisiting the fractures that predate the 2011 uprising, the main one being the profound strife at the heart of the Gadhafi family.

When Gadhafi’s seven children reached adulthood in the 1990s, they entered the select circle of elites who enjoyed dominance over Libya’s economic institutions. The self-effacing Mohammed (1970-), Gadhafi’s only child by his first wife Fethiye, oversaw Libya’s telecommunications sector, keeping away from politics. Much less modest and predictable were Mohammed’s half-sister and five half-brothers, all born to Gadhafi’s second wife Safiya. Some of them, such as Mutassim (1974-2011) and Hannibal (1975-), were given leading military functions as well as business privileges. The same would go for Saadi (1973-) after a positive doping test in Italy derailed his career as a professional soccer player in 2003. And, distinct from his siblings, there was Saif al-Islam (1972-), Safiya’s first child, who was also his mother’s favorite. A part-time artist with a degree in urban engineering, Saif was never asked to look after security affairs. He took on humanitarian responsibilities in his mid-20s. Soon, Saif and Mutassim were competing over financial schemes, a contest that later became outright political.

In April 1999, the U.S. and the U.K., seeing that Libya had renounced terrorism, kickstarted a normalization of relations by allowing a temporary lifting of U.N. Security Council sanctions that had been imposed after the Lockerbie bombing in 1988. Gadhafi had to hand over the prime suspect in the case, Abdelbaset al-Megrahi, to a Scottish tribunal in the Netherlands.

That year, Gadhafi helped Saif bolster his humanitarian foundation by setting up and funding an array of charities under it. To the world at large, the autocrat tacitly presented the young man as his potential successor — not necessarily out of authentic conviction, but because he judged that Saif would best appeal to Western sensibilities. Gadhafi wanted more than a permanent removal of sanctions — he sought the reintegration of Libya into the international community, including much-needed Western investment in the country’s degraded energy sector and crumbling infrastructure. This reintegration, however, would require more than bilateral conversations about terror reparations and other security concerns that Washington considered its main priority. Gadhafi and his advisers assumed that Western powers would be more open to improving relations if his regime showed signs of transition to a softer, more liberal form of governance. They thus made a show of taking ostensible steps toward pluralism in two domains: the economy and politics. A similar logic applied inside the country, too, where superficial softening in governance helped Gadhafi portray himself as giving voice to the new generation of Libyans.

As he used Saif to project a sense of political and economic liberalization, the Libyan autocrat was busy consolidating tighter control over the security sector. Gadhafi created a range of ultra-loyal “battalions” that reported directly to him. These kataeb were designed to counterbalance the regular armed forces, which Gadhafi underequipped and marginalized because of previous army-led coup attempts. Here, too, he used his sons. In 2000, Mutassim, a former medical student, was given command of a newly created praetorian unit, the 77th Tank Battalion, headquartered near Bab al-Aziziyah, his father’s sprawling, palace-like compound. Endowed with lavish amounts of advanced equipment, Mutassim expanded his unit into other locales. He had his men conduct exercises with live ammunition, an unusual practice for such a young unit. The 77th Battalion’s fast-growing arsenal, in conjunction with Mutassim’s habit of concealing his unit’s war games from the military police, raised the suspicion of senior figures in the security establishment.

In 2001, Libya’s then-military intelligence chief Khalifa Ahneish reported to Gadhafi that his hot-tempered son Mutassim might be planning a coup. More likely, the 27-year-old lieutenant colonel’s unit was merely encroaching upon Ahneish’s turf. But regardless, Gadhafi took the matter seriously and ordered the 77th disarmed for inspection. Mutassim — who was not with his men — remotely instructed them to stand their ground as he took refuge in Egypt. After a tense standoff, Gadhafi’s own units seized the 77th’s camps by force.

The government of Egyptian President Hosni Mubarak, a friend of the elder Gadhafi, had to intervene as a mediator between Mutassim and his dad. As tensions simmered, the young Libyan, stripped of his battalion, remained in quasi exile in Cairo, allowed only to retain his formal military rank. To compensate, Gadhafi put his youngest son Khamis (1983-2011) in charge of a brand new battalion, the 32nd Reinforced Brigade, entrenched at strategic points around the capital, including the nearby town of Tarhuna. Prevented from traveling, Mutassim lived in boredom in Cairo’s hippest districts for several years. Back home, Khamis proved to be militarily competent, disciplined and loyal to his father, and he maintained good relations with all of his siblings. His 32nd Brigade would later become the nation’s preeminent force, attracting attention from foreign states keen to build up Libya’s military capacity, including the U.S. and the U.K. Yet Khamis, who was uninterested in politics, never came close to filling the void that Mutassim’s absence had left in the capital. Neither did Saadi, who had taken on promoting purist Salafism in Libya.

Soon after the U.S. concluded a deal with Tripoli in December 2003, whereby Libya scrapped its tentative program to develop weapons of mass destruction in exchange for its eventual reintegration into the international community, Gadhafi enlarged Saif’s foundation. He helped him launch a comprehensive reform project called Libya al-Ghad (“tomorrow’s Libya”), whose purpose was to promote the country’s modernization in the eyes of both domestic and international audiences. The economic component of this project featured tens of billions of dollars’ worth of construction projects, mostly executed by Turkish and Chinese conglomerates.

The West wished to see Libya open up its markets and privatize its businesses, but Gadhafi tolerated no genuine movement in that direction. He was so loath to decentralize his nation’s wealth that he offered no leeway to Saif in the economic realm, preferring to grant him modest latitude on the political front instead. The most significant of these concessions was allowing Saif to amnesty some of Libya’s Islamists. The thaw started with a handful of small token gifts to a weakened political party, but it later grew to include the rehabilitation of hundreds of hardline militants.

In October 2004, political prisoners accused of belonging to the Muslim Brotherhood went on a hunger strike in the infamous Abu Salim fortress. Tripoli seized on the incident to showcase the regime’s new openness to reform. Gadhafi authorized Saif to undertake talks with Libyan Muslim Brotherhood leaders exiled in England and Switzerland. As a result of the negotiations, a few Muslim Brotherhood-labeled prisoners were released from Abu Salim in September 2005; 84 more were freed the subsequent year. Saif courted the foreign press, using the government’s reconciliation with the Islamists as a means of acquiring greater stature in Libyan politics. In interviews with Western journalists, he also downplayed the substantial resistance his moves were encountering from members of his father’s inner circle.

Among those who opposed reforms was Mutassim, who, since his return from Cairo in 2006, had become embroiled in a fierce rivalry with the now-ascendant Saif. Gadhafi had brought Mutassim back because he did not want his family to appear divided. More parochially, several regime insiders asked for Mutassim’s presence as a check on Saif’s reformist push, which enjoyed the support of a few liberal politicians, such as Prime Minister Shukri Ghanem, Foreign Minister Abdel Rahman Shalgam and most personalities associated with the Libya al-Ghad effort.

While Gadhafi père sought to appear equidistant between the two brothers, he developed an ambivalent preference for Mutassim, despite the latter’s volatility and his involvement in yet other power grabs. Underlying each incident was Mutassim’s protest that the regime was exceedingly vulnerable. Reverting to his preexile instincts, he revived his 77th Battalion, increased its ranks and stealthily acquired weapons, including Western-made items.

There were moments when Gadhafi constrained Mutassim by executing his subordinates and shuttering his Camp 77 base. But, barring a few brief exceptions, the leader maintained Mutassim in Tripoli. The Egyptian-backed son had become a vital pillar to the regime’s fragile equilibrium. He received support from Revolutionary Committee leaders (semiformal local authorities), such as Mohammed al-Majdoub, and other conservatives, such as Education Minister Ahmed Ibrahim. What bound these figures to Mutassim was their shared attachment to the status quo and their antipathy toward political Islam. They feared that Saif’s “reforms” might resuscitate the Islamist networks behind a failed yet ambitious insurgency plan in northeastern Libya in the mid-1990s, which had been dismantled only through intense repression.

Over time, the two brothers’ antagonism became the main ideological dilemma facing the Gadhafi regime. Mutassim’s thirst for harsh authoritarianism was self-consistent. The same could not be said of Saif’s advocacy for a softer mode of governance. By making this rhetoric his path to attaining power, Saif seemed oblivious to the contradictory nature of his own status: the liberal son of a despot unwilling to relinquish power. Worse, the Libyan population’s considerable frustration at how the country was run meant that if the system moved away from authoritarianism, as Saif prescribed, there would be no guarantee that he or any member of the Gadhafi family could stay in the Libyan picture.

In any case, Saif’s repetitive pleas for a constitution, democracy and alternation in government started to become troublesome. To reassure the Revolutionary Committees and the rest of the old guard, Gadhafi nationalized Saif’s satellite television channel. He did not take the rest of Libya al-Ghad away from him, however — the Supreme Guide was aware that Saif represented hope for the country’s youth.

By October 2008, Libya al-Ghad had met almost all of Gadhafi’s expectations. U.S. Secretary of State Condoleezza Rice had visited Tripoli in person; a U.S. ambassador to Libya was confirmed; and Libya’s legal liability in U.S. terror cases was erased thanks to the full payment of compensation to the victims. Foreign companies were returning, and some low-level security cooperation with Western powers had begun. With sanctions removed and oil prices on a bullish trend, living conditions improved in Libya. But Saif was caught in his own momentum. Perhaps because he spoke English well and had studied in Europe, earning a (disputed) doctorate degree from the London School of Economics, he enjoyed fawning attention by the Western media, which often portrayed him as the heir apparent. But in the power corridors of Tripoli, the story was different. Gadhafi never designated Saif as his successor, nor did he ever fully empower him to act as an official representative of the government. He did, however, appoint Mutassim to the position of national security adviser.

The rising tension between the two brothers was seldom appreciated by foreign observers; indirect clues would occasionally leak to the outside world. Within the space of a few months, both men received a personal audience with Rice in Washington. In late 2008, weeks before the President George W. Bush left office, Saif met briefly with Rice — on the condition, though, that he meet with human rights organizations first. Once Barack Obama entered the White House, it was Mutassim’s turn to be welcomed in Washington. Secretary of State Hillary Clinton posed with him for a public appearance and lingered only briefly on human rights and the need for political reforms, letting the intelligence community emphasize counterterrorism cooperation. Mutassim, whose specialty was hard security, felt emboldened by the deferential reception.

Meanwhile, Saif — despite his proclaimed “retirement” from politics in 2008 — continued some of his activities under the increasingly distracted eye of his aging and decadent father. Libya al-Ghad became subjected to the growing influence of Turkey and Qatar, both of which had longstanding ties to the noted Libyan Islamist and dissident Ali al-Sallabi, based in Doha. In 2008, Sallabi worked with Saif to persuade Tripoli to free 90 members of a militant jihadist organization, the Libyan Islamic Fighting Group (LIFG), from Abu Salim. Unsurprisingly, this move to rehabilitate hardline Islamists angered Mutassim and his conservative supporters.

Saif could pursue his outreach to Islamists thanks to the backing of Abdullah al-Senussi, then head of Libya’s military intelligence. Al-Senussi, who was also Gadhafi’s brother-in-law and right-hand man, was renowned for his ruthlessness against all dissidents. By the mid-2000s, however, al-Senussi no longer considered Libya’s Islamists an existential threat. He reckoned that these still-mortal enemies, after years in his dungeons, had become manageable.

There were other reasons why al-Senussi, a member of the powerful tribe of the Megarha, protected Saif’s work. Not only was he interested in the embezzlement opportunities afforded by Libya al-Ghad, but he also sought to help restore the honor of his tribe by securing the release of the convicted Lockerbie bomber, Megrahi, from a Scottish prison. In August 2009, Saif delivered the ailing al-Megrahi’s release, thanks to Qatari help. But al-Senussi’s ability to use Saif for his own interests triggered the resentment of Gadhafi’s tribe, the Qadhadhfa.

Under the influence of Qatar, Saif doubled down on negotiations that resulted in the release of hundreds more LIFG members in 2010, including leader Abd al-Hakim Belhaj. Doha’s diplomatically ingenious (and financially munificent) activism painted a halo of success around Saif. But the young, soft-spoken “un-Gadhafi,” as The New York Times dubbed him, did not have a clear plan. Dozens more LIFG members would be freed even after the first armed insurgency erupted in the eastern city of al-Bayda on Feb. 15, 2011.

The contradiction between Mutassim and Saif contributed to the regime’s disjointed response to the 2011 revolt. It came to a head on the evening of Feb. 20, 2011, just before Saif gave a much-anticipated address to the nation on television. His midnight speech could have put Libya on the path to reconciliation. But Mutassim, backed by his father, pushed Saif to be inflexible, defiant and belligerent — and Saif complied. After a few conciliatory remarks, his monologue segued into a crescendo of threats. By vowing to “fight to the last man, woman and bullet,” he let Libyans and foreign states know that all of his reform work in the previous decade was null and void. Saif had irreversibly aligned himself with Mutassim’s worldview.

Upon Tripoli’s fall in August 2011, Gadhafi and Mutassim went to Sirte, a coastal city 280 miles to the east, while Saif, alone with a few bodyguards, hid in Bani Walid, another loyalist holdout located inland, closer to the capital. On the same day that Safiya, Mohammed, Hannibal and their sister Aisha (1976-) fled to Algeria, a NATO airstrike killed Khamis in Tarhouna, where he was still fighting the rebellion. At summer’s end, shortly after Saadi entered Niger, Saif and Mutassim crossed paths for the last time in Bani Walid where Mutassim had come to meet with the city’s leaders. Noticing his elder brother’s unsolicited attendance, Mutassim blamed him for enabling the very actors, Libyan and foreign, now destroying the regime. The following month, NATO-backed rebels killed Mutassim and his father as they tried to exit a besieged Sirte. Before that, Saif had managed to leave Bani Walid for the Libyan Sahara. Zintan’s rebels captured him near Awbari in November 2011.

Gadhafi evaded the challenges of leadership succession till the end. Throughout the 2000s, he merely balanced the ambitions of his sons, often playing one against the other. And in the regime’s final stages, the late Mutassim was arguably the more likely heir.

The victims and opponents of the Gadhafi regime have not forgotten that the onetime progressive sided with his father and Mutassim at the outbreak of the civil war.

Now, 10 years on, the conventional wisdom is that popular frustration with the chaos of post-2011 Libya will be enough to inspire a groundswell of support for Saif, the dead dictator’s most preeminent surviving son. This implies that Libyan citizens’ nostalgia about the former regime, or mere optimism about Saif’s ability to learn and grow, will provide a bedrock of enthusiasm for his return to national politics. That assumption is unrealistic: The victims and opponents of the Gadhafi regime have not forgotten that the onetime progressive sided with his father and Mutassim at the outbreak of the civil war. As for the regime’s supporters, many were alienated by Saif’s actions in the 2000s. Some of the tribal elders, Revolutionary Committee leaders and security chiefs of the pre-2011 era still matter today. In the same way that they needed Mutassim in the late 2000s, they now need a similarly tough Green leader capable of commanding an armed coalition and corralling the tribal and security chiefs. This was never Saif’s strong suit. Plus, a chunk of the loyalists remember that Saif paved the way for the anti-Gadhafists and opportunists who ultimately overthrew the regime in 2011.

Some of the still-active Greens might be tempted to use Saif as a figurehead to project the illusion of cohesion — a trick that could also be adopted by Gen. Khalifa Haftar, the commander based in eastern-Libya, or even his rivals in the western city of Misrata. But this would be, at best, a shallow and ephemeral position for Saif to occupy. In sum, few faction leaders in today’s Libya have forgotten what Saif’s inconsistency can cost them.

If, despite being wanted by the International Criminal Court, Saif manages to reenter his country’s political arena, he will find it difficult to come across as a credible standard-bearer for any specific set of values. Strive as he might for relevance, it is likely to remain beyond his reach.

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