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they'll do it by smuggling the weapons in?

More likely by looking the other way while the TNC BUYS the weapons from an arms merchant. I saw a comment to the effect that "there is no UN arms embargo for LIBYA", (my caps), by which I understood that the argument was that the embargo applied to Gadaffi.

"It is not necessary to have hope in order to persevere."
by ARGeezer (ARGeezer a in a circle eurotrib daught com) on Wed Mar 30th, 2011 at 09:39:49 AM EST
[ Parent ]
ARGeezer:
I saw a comment to the effect that "there is no UN arms embargo for LIBYA", (my caps), by which I understood that the argument was that the embargo applied to Gadaffi.
The language of the resolutions refers to "the Libyan Arab Jamahiriya", which is the official name of the Libyan state under Gaddafi. The National Transitional Council refers to themselves as the legitimate representatives of the "Arab Republic".

That's an interesting legal(istic) nuance...

So, in what may be my last act of "advising", I'll advise you to cut the jargon. -- My old PhD advisor, to me, 26/2/11

by Migeru (migeru at eurotrib dot com) on Wed Mar 30th, 2011 at 09:44:39 AM EST
[ Parent ]
It is a bit more than a nuance. The embargo only applies to Gadaffi unless there are other resolutions or other language.

"It is not necessary to have hope in order to persevere."
by ARGeezer (ARGeezer a in a circle eurotrib daught com) on Wed Mar 30th, 2011 at 10:01:15 AM EST
[ Parent ]
So if the UN had wanted an arms embargo on all libyan factions they would have had to refer to 'Libya' or something like that?

Now, what if Gaddafi decides to rename his regime?

So, in what may be my last act of "advising", I'll advise you to cut the jargon. -- My old PhD advisor, to me, 26/2/11

by Migeru (migeru at eurotrib dot com) on Wed Mar 30th, 2011 at 10:34:41 AM EST
[ Parent ]
Security Council Approves `No-Fly Zone' over Libya, Authorizing `All Necessary Measures' to Protect Civilians, by Vote of 10 in Favour with 5 Abstentions

"Enforcement of the arms embargo

"13.  Decides that paragraph 11 of resolution 1970 (2011) shall be replaced by the following paragraph : "Calls upon all Member States, in particular States of the region, acting nationally or through regional organisations or arrangements, in order to ensure strict implementation of the arms embargo established by paragraphs 9 and 10 of resolution 1970 (2011), to inspect in their territory, including seaports and airports, and on the high seas, vessels and aircraft bound to or from the Libyan Arab Jamahiriya, if the State concerned has information that provides reasonable grounds to believe that the cargo contains items the supply, sale, transfer or export of which is prohibited by paragraphs 9 or 10 of resolution 1970 (2011) as modified by this resolution, including the provision of armed mercenary personnel, calls upon all flag States of such vessels and aircraft to cooperate with such inspections and authorises Member States to use all measures commensurate to the specific circumstances to carry out such inspections";

Contrasting this with the embargo against Somalia, in resolution  733 the UNSC decides that all states shall "implement an immediate and complete embargo on all deliveries of weapons and military equipment to Somalia". This applied to all parties of the conflict. Later versions (751 and forward) has specific lists of embargoed organisations and individuals (including aliases), but the general one from 1992 only had "to Somalia".

Resolution 1973 refers multiple times to "situation in the Libyan Arab Jamahiriya" and similar phrasing making clear that "Libyan Arab Jamahiriya" is used as the formal name of the state and its internationally recognised territory.

I am no lawyer, but I think it is crystal clear that the embargo as phrased covers all parties in the territory, including the rebels.

Not that it will matter, remember "enemy combatants" and other linguistic tricks.

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by A swedish kind of death on Thu Mar 31st, 2011 at 04:57:43 PM EST
[ Parent ]
There is what the resolution says and there is how it is interpreted. I have read statements by officials asserting that there was no UN arms embargo for the whole of Libya. This could be contest by assertion with various parties acting on their asserted interpretation.

"It is not necessary to have hope in order to persevere."
by ARGeezer (ARGeezer a in a circle eurotrib daught com) on Thu Mar 31st, 2011 at 05:42:33 PM EST
[ Parent ]
Exactly.

And considering how many officials that claimed to believe that this:

Article 5
The present Convention shall apply to the
persons referred to in Article 4 from the
time they fall into the power of the enemy
and until their final release and repatriation.

Should any doubt arise as to whether
persons, having committed a belligerent act
and having fallen into the hands of the
enemy, belong to any of the categories
enumerated in Article 4, such persons shall
enjoy the protection of the present
Convention until such time as their status
has been determined by a competent
tribunal.

somehow excluded "enemy combatants", we are in international politics acting in a non-sense space where anything can mean anything, if you have the military force to back up the interpretention. So it would not have mattered if it had been formulated otherwise.

Sweden's finest (and perhaps only) collaborative, leftist e-newspaper Synapze.se

by A swedish kind of death on Thu Mar 31st, 2011 at 06:07:36 PM EST
[ Parent ]
And Machiavelli would smile.

"It is not necessary to have hope in order to persevere."
by ARGeezer (ARGeezer a in a circle eurotrib daught com) on Thu Mar 31st, 2011 at 07:15:05 PM EST
[ Parent ]
Migeru:
The National Transitional Council refers to themselves as the legitimate representatives of the "ArabLibyan Republic"
oops

So, in what may be my last act of "advising", I'll advise you to cut the jargon. -- My old PhD advisor, to me, 26/2/11
by Migeru (migeru at eurotrib dot com) on Wed Mar 30th, 2011 at 11:09:39 AM EST
[ Parent ]

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