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they'll do it by smuggling the weapons in?
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.
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
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
"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";
"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. Sweden's finest (and perhaps only) collaborative, leftist e-newspaper Synapze.se
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.
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
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