The prospect of international intervention legitimacy: case study of 2011 libyan armed conflict

1.3. Research Questions

To address the mentioned challenges and gaps, this study attempts to formulate answers to the following questions:

1. Does the concept of Libyan international intervention by NATO in 2011 comply and evaluated on the basis of theoretical frameworks of 1973 UN resolution in practice based on principle of «Just War» ethics and consequentiality ethics?

2. If the legitimacy and the legality of international intervention in Libya were in doubt by deviation from mission set out in UNSC 1973 resolution, wasn't it propelled by geostrategic and economical motive?

1.4. Hypothesis

Construction of hypothesis has an important consideration in the formulation of research problem. A hypothesis is a tentative supposition or provisional guess which seems to explain the position under observation. An hypothesis is also intelligent guess, a supposition, inference, provisional statement or tentative generalization as to the existence of some fact, condition or relationship relative to some phenomenon which serves to explain already known facts in a given area of research and to guide the search for new truth on the basis of empirical evidence.^27(*)

The issues outlined above lead us to make the following assumptions:

1. International intervention in Libya by NATO in 2011 does not comply with the 1973 UNSC Resolution.

2. International Intervention in Libya by NATO in 2011 was for political purpose, which led to the negative humanitarian outcomes.

1.5. Research Objectives

The current research topic is aimed at attaining the following objectives:

- Analyze what are the lawful mechanisms of implementing UN Resolutions and the international intervention for not to result into failure.

- Show the weaknesses of mechanisms of insuring neutral and fair humanitarian intervetnion during a mandate of implementation of UN resolutions;

- Formulate suggestions that will help the international community in the establishment and enrichment of rules guiding the international intervention and their applicability.

1.6. Significance of this Study

This research is a vital tool for potential end users. Since the creation of the UN, it has been adopting Resolutions but the ways they are put in practice differ from the content of those resolutions and indeed failure should occur. The case of Libya and Rwanda is the typical reference. Worse still, if such a failure occurs, the international community does not react consequently to eradicate it.

In this context as a supporter of the realization of human rights, this study will enlighten the academicians and researchers how sometimes the international intervention violated the guideline provided by its authorizations, for the lawmakers and actors of justice this research will enlighten them how the UNSC resolution should be interpreted accordingly to the balancing the international intervention and human rights protection issues. For the international community and UN this research will help them to know how norms on the protection of civilians look good on paper but are worthless in practice. For the policymakers this research will help them to estimate and work towards a reasonable prospect of success in terms of International Intervention.

* ²⁷ Shipra Agrawal & M.S. Rao, Legal Research Methodology ,1^sted, SRI SAI LAW publications, Delhi 2003, p.77.