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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
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