Libyan Civil War - Post-Conflict Justice and Reconciliation Processes - Case Study Example

Libyan Civil War Name: Institutional Affiliation: Table of Contents Libyan Civil War 3 Introduction 3 Reconciliation in Libya 3 Impediments to Libyan Reconciliation Process 4 Regional and Historical Rivalries 4 Revenge and Retaliation 5 Unanswered Questions 5 Perceived Losers and Winners Marginalization 6 Competition over power and Influence 7 Inflammatory Media Coverage 7 Stagnation of the Libyan Economy 7 Low capacity in Security Forces 8 Approaches to Reconciliation 8 Transitional Justice 8 Truth and Reconciliation Commission 9 Reparation 10 Accountability 11 Institutional Reforms 11 National Dialogue 12 Conclusion 12 Works Cited 13 Libyan Civil War Introduction This refers to the crisis that occurred in Libya in 2011. The Libyan crisis was between the Pro-Gaddafi forces and the Anti-Gaddafi forces that were seeking to topple his government. The war started in February 2011 and ended in November the same year. The crisis started as a protest by individuals in Benghazi which is Libya’s second largest city. Within no time the demonstration had spread into other towns and it became a crisis [Lob14]. Over 30, 000 people lost their lives during the crisis, 50, 000 left wounded and over 4,000 individual’s unaccounted for [CBS11]. Thus, making it one of the worst crisis in the 21st century [Hil12]. The main purpose of this report is to identify the challenges that Libya experiences in its path to reconciliation, the strides they have made and also identify ways in which the international community can assist in restoring peace and stability back to Libya. As we know Libya was one of the most developed countries in Africa. It was one of the few countries in Africa that never depended on donation from the western countries. However, presently the same cannot be said about Libya. The civil war destroyed the county’s infrastructure and other crucial institutions that ensured the smooth running of the country [Van12]. The report will seek to identify the main cause of the war and stipulate measure that could help prevent the occurrence of such an incident in the future. Reconciliation in Libya Reconciliation is very important for Libya especially after the 2011 crisis. Many of the Libyan citizens believe that the path to national reconciliation mainly requires upholding the rule of law in the country. According to [Sha13] For Libya to effectively reconcile, it would need an inclusive national dialogue. This would mean transitional justice and national dialogue working together so as to provide a means to achieving an adequate national reconciliation to all the main parties involved [Sha13]. These are some of the main methods that have been used before, for example after the Second World War during the Nuremberg trials [Lob14]. However, there exists certain impediment to the reconciliation process in Libya. Impediments to Libyan Reconciliation Process The impediments to the reconciliation process, have the effect of deepening the conflict that occurred 3 years ago. Some of the main impediments to the reconciliation process include; Regional and Historical Rivalries, Revenge and Retaliation, Unanswered Questions, Perceived Winners and losers marginalization, competition for power and influence, Inflammatory media, stagnation of the Libyan Economy and low capacity of the security force [Sha13]. Regional and Historical Rivalries Most of the conflict existing in Libya are conflicts that have very deep historical roots that have an effect of complicating the Libya reconciliation process. For example the conflict between Bani Walid and Misrata dates back as far as the early 1920s [Sha13]. This is because Misrata holds the region of Bani Walid accountable for the killing of their leader Ramadan AL-Swaihli who was their anti-colonial leader. Almost a century later in 2012, Bani Walid refused defied an order by the Libyan GNC which demanded that they release the wanted criminals [Sha13]. However, Bani Walid refused this claiming that it was Misrata that was behind the push. As a result, the Misrata troops a 25 day siege in Bani Walid that saw 110 individuals left dead and over 100 injured in turn [Sha13]. The Misrata troops put pictures of Ramadan all over the city as a way to mock the people of Bani Walid. Such act have significantly hindered the steps towards reconciliation in Libya. If such issues are not handled effectively then it would be impossible for reconciliation to be achieved in Libya. Revenge and Retaliation The Libya’s history, is full of grudges that are yet to be settled. During the Qaddafi’s error, most of the Islamists in the region were abused and tortured for their strong stand in what they believed in [Hil12]. Most of them were kept in the prisons and were left for dead [Chi14]. Thus, during the revolution, many individuals came together for a single goal, which was the removal of the regime [Van12]. It is important to note that even the temporary unity was very fragile. For example, Abdulfattah Younes who was Gaddafi’s interior minister, defected during the revolution so as to head the rebel military troops [Sha13]. The old enemies on the other hand were unwilling to wait until Gaddafi had fallen so as to settle the scores. Few months later, General Abdulfattah was assassinated in July [Sha13]. After the revolution, Benghazi has experienced numerous attacks on police station and security officers. It is believed that most of the individuals that carried out the attack were the former jihadists that were formerly tortured by the Gaddafi’s forces in the former regime or the regime loyalist that wanted to take revenge on the defectors [Sha13]. Unanswered Questions There exists several dark spots in the past 40 years of the Gaddafi’s administration. In addition to the individual cases of disappearance and torture, there is also the greater truth of what happened to the Libyan nation under the impenetrable and opaque regime of Muammar Gaddafi [Sha13]. Example of such question is that Libyans want to know why the country waged war towards for almost ten years mainly from 1978 to 1987 which saw the death of over 7000 Libyan troops of which they ultimately lost the war [Sha13]. The other incidence the crushing of flight 1103 that crushed in Tripoli in which the citizen accused Gaddafi of intentionally orchestrating the incidence so as to attract global attention [Sha13]. These incidences have greatly affected the Libyan citizens and that most of them believe that knowing the facts of what had happened during these two occasion and many others would assist them significantly in closure and moving on [Hil12]. This is very true since for reconciliation to be effective, there should be openness and that all the facts should be put straight so as to enable the citizen to forgive one another and avoid any form of retaliation. Perceived Losers and Winners Marginalization Most of the international observers and the human rights groups felt that most of the efforts to build a new Libya unity and nationhood were significantly by the division in the society between those that perceived themselves as winners after the revolution and those that were seen as losers who in this case were the pro Gaddafi supporters [Cha13]. The losers felt that they were being marginalized by the winners since most of them were the ones who were in charge of Libya. This sought of competition is not helpful to the reconciliation process but rather hurtful to the process [Cha13]. Significant steps should be made to educate individuals and inform them on the importance on reconciling and that everyone should work together so as to make Libya a better place [Chi14]. Competition over power and Influence The transition after the war has been greatly affected the present conflicts that are ongoing mainly for power and influence [Cha13]. This has led to lower capacity in the country’s judicial sector and an even lower of public confidence in the nation’s social justice system. In some occasions some groups of people and the community in general have assumed control of various infrastructure and places, mainly in regions where there effective state authority is absent [Chi14]. Inflammatory Media Coverage The media is a very powerful tool in any country or nation. The media is what informs the public of the progress of the nation and the daily happening in the country [Cha13]. If used well, the media can play a big role in uniting a broken nation and on the other hand, if not effectively utilised, the media can be a source of divisiveness in the country. In Libya’s situation, negative media influence on the existing conflicts has been described using the Arabic term fitnah which implies the spreading of discord or to mean “causing problems between people” [Gar12]. Thus, the media has been accused of making the situation worse and blowing some of the situation out of proportion. However, some of this has been attributed to intentional political manipulation by various politicians with private agendas [McK12]. The media should therefore grow out of that and engage in activities that help the country heal from the previous incidences and also unite the country even more. Stagnation of the Libyan Economy Despite the nation having been endowed with massive deposits of oil, it is argued that there is need for both immediate and long term planning so as to effectively realign the Libyan economy [Cha13]. Particular emphasis should be put on developing a strong private sector that will be able to absorb the over-capacity in the country’s sector. This will go a long way in employing the young individuals and those in armed groups in the country. Low capacity in Security Forces The low capacity in the security forces has resulted to the inability to manage conflict. This has been both in terms of low skills among the existing officers and also due to the fact that the officers lack modern equipment to deal with criminals and crowds [Cha13]. This is very risky, considering the fact that there is widespread weapon ownership in the Libyan nation. Approaches to Reconciliation As stated above, the most of the Libyan citizens believe that the path to reconciliation mainly depends on cementing the rule of law in the country [Sha13]. Most of them believe this because the past four decades, the country has experienced a dictatorial form of leadership where the rule of law has never applied and this amounted to oppression to most of the citizens of the nation. In Libyan case the best approaches to Reconciliation include; Transitional Justice and National Dialogue [Sha13]. Transitional Justice Transitional justice consist of both non-judicial and judicial measures that are implemented to amend the abuses that have been brought about by Human Rights abuses. These process have been applied in numerous countries across the globe, the United States, Brazil, Canada, Argentina, Columbia, Kenya and Spain. Transitional justice is very essential in ensuring a healthy transition and ensuring a sustainable national reconciliation process [Int141]. This process allows victims to be able to come into terms with their past atrocities, providing the victims with healing and closure that is necessary in enabling them move on with their lives [Sha13]. The process also grants the perpetrators the opportunity to acknowledge their wrong doings and also get to ask for forgiveness. According to Libyan writer and analyst, transitional justice will be crucial in healing wounds in Libya and also acting as a national cleansing process [Sha13]. He further states that if Libya citizens fail to cleanse themselves from the heinousness of the past mistakes they will forever be in pain. What is amazing is that there is a general consensus among the Libyan population that the country transitional justice as one of the first step towards the national reconciliation process. Formulating and organizing a framework for the country’s transitional justice process will allow the country to pass through four main steps and these are truth seeking, accountability, reparation and institutional reforms [Chi14]. Truth and Reconciliation Commission Just as discussed earlier, one of the main impediments to the reconciliation in the Libyan nation was the unanswered questions, mainly about the war between Chad and Libya and also the bombing of the plane that was headed to Tripoli which was the Libyan capital [Sha13]. One of the best ways to address this is through a truth and reconciliation commission which is very important for the citizens to understand what happened in the past. In Africa, this process has been applied in Rwanda and Kenya. In Rwanda, this was applied after the genocide whereas in Kenya, this process was applied after the post-election violence that had occurred due to the country’s disputed 2007 elections [Int141]. In order for this process to be successful, the Libyan people should be ready to know the truth of what occurred during Gaddafi’s reign. Libya’s citizen Grand Mufti al-Gheryani argues that being familiar with the truth is necessary for the application of justice and will eventually lead to forgiveness and reconciliation among the Libyan population. The Libyan authorities also concur with this and further states that knowing the truth of what transpired during Gaddafi’s era is the first and most important step towards reconciliation [Chi141]. The Truth and Reconciliation commission investigation should also investigate into the human rights violation which included rape, torture, disappearance and imprisonment. The main fear among the Libyan population is the appointment of al-Buishi who also served during the Gaddafi era to be the head of the commission. Most individuals perceive that the head of the commission is likely to be partisan and thus justice will not be delivered effectively [Int141]. However, the commission should try as much as possible to find the most innovative ways to investigate the crimes of the past and to also provide solutions to the crimes the committee will not have enough evidence to prove. Reparation One of the most important things about transitional justice is the effort to repair as much as possible. A form of compensation to the victims and their families has been used in most post- conflict situation in the past in numerous countries. This form of compensation usually comes in two main ways which are symbolic and financial compensation [Sha13]. It is worth noting that the financial reparation is usually a very expensive process and in Libya’s case it would be no different. This is because Libya is a country where the violation can be dated back to about 1969 when Gaddafi took over power thus may even be more expensive compared to other countries that have used the process before [Sha13]. What makes the Libyan case even more complicated is that the process will not only involve compensation to the victims and their families but also to the involving restoring the damaged properties. However the good news is that Libya is a wealthy oil exporting nation with a small population and therefore the country could afford the entire compensation. In the past the state paid for all the medical fee for the victims after the conflict. For example it paid bills for 27,000 patients in Jordan hospital and an equal number in the neighbouring Tunisia nation [Sha13]. Thus the country’s financial resources will be able to settle the compensation and also repair the infrastructure in the country. Accountability Unequivocal application of the principle of accountability is crucial in achieving reconciliation in Libya. This is not only important for the victims but also for the society that is transitioning from a dictatorial government to a peaceful and democratic government [Sha13]. In order to achieve this, over 200 officers of the previous regime have been held in the Libyan prison awaiting trial. Some of those that have already undergone trial include; the former prime minister, al-Mahmoudi, former foreign affairs minister, and the former spy [Sha13]. If this trend is consistently embraced then the country will be able to transform effectively. Institutional Reforms So as to prevent future human rights violation and to be able to move closer to reconciliation most of the institutions in Libya will need to be reformed [Sha13]. In this reconciliation process reforms will mainly involve four main areas which are the security sector that was responsible for the violations, the judiciary, the media and the former corrupt administrative apparatus in the country [Cha13]. All these institutions played key role in the conflict and it is therefore important that they are reformed. National Dialogue The national Dialogue is the second and final step in the reconciliation process and is very vital in any post conflict situations. This is because it provides a platform for the conflicting parties to discuss the main critical issues [Chi14]. The national dialogue will also offer a platform for the various elements of the Libyan population to redefine their population their existing relationship and make decision from then hence forth collaboratively. Issues such as disarmament of the revolutionary militants, can be effectively dealt within a constructive and a candid national dialogue among the various leaders [Lob14]. Both the state of Libya and the revolutionaries, are fighting for the same intentions which is to see a united Libya and one that does not allow the reoccurrence of the past crimes against the citizens in Libya. To avoid conflict, the government should sit down and speak with the revolutionaries not only to discuss the country’s vision but also to understand the needs of the revolutionaries. Most of the citizens of Libya support the dialogue between the revolutionaries and the Government says al-Saadi [Sha13]. Conclusion Libya experienced one of the worst atrocities in the 21st century and it is therefore important that the country undergoes an effective reconciliation process that will ensure that the citizens are completely healed and that the forgive one another. As mentioned in the earlier sections of the report most of these problems began as early as 1969 when Gaddafi took over power and most of those that were affected and oppressed by his regime have never been able to get justice. However, this reconciliation process offers an opportunity for each and every individual to get justice. The process should tackle the impediments mentioned so as to ensure that justice is administered timely and appropriately. If the stipulated steps are followed to the latter then justice will truly be achieved in Libya. Works Cited Lob14: , (Lobban & Dalton, 2014), CBS11: , (CBS Interactive Inc, 2011), Hil12: , (Hilsum, 2012), Van12: , (Vandewalle, 2012), Sha13: , (Sharqieh, 2013), Chi14: , (Chivvis & Martini, 2014), Cha13: , (Chatham House, 2013), Gar12: , (Garland, 2012), McK12: , (McKinney, 2012), Int141: , (International Center for Transitional Justice, 2014), Chi141: , (Chivvis C. , 2014), Read More