Gadhafi refused to join the U.S. African Command or AFRICOM which was created in 2007 to serve as a central base of operations for all military operations in Africa. AFRICOM describes its objectives as: "Our approach is based upon supporting U.S. national security interests in Africa as articulated by the President and Secretaries of State and Defense in the National Security Strategy and the National Military Strategy."
Although the UN Security Council passed Resolution 1973 authorizing the use of force in a humanitarian mission to save the lives of civilians, the operation has exceeded the terms of the resolution and now constitutes a war of aggression violating the UN Charter and the Geneva Conventions.
UN Resolution 1973, passed March 17, 2011, stipulates in Paragraph 3 that: "Member States"take all necessary measures to protect civilians and civilian populated areas under threat of attack"while excluding a foreign occupation force of any form on any part of Libyan territory." It also establishes: "A ban on all flights in the airspace of the Libyan Jamahiriya in order to help protect civilians."
Paragraph 9 in Resolution 1970 prohibiting: "The direct or indirect supply, sale or transfer"of arms and related materials of all types" is replaced with: "Calls on all Member States"to ensure strict implementation of the arms embargo."
Violations of resolution 1973 relate to the weapons and targets selected by NATO and to the supply of arms and military personnel on the ground to rebel forces.
The essence of NATO's targeting has been to weaken Gadhafi's military capability in a conflict that is a civil war to a large extent promoted by France, Britain and the United States by arming and training rebel forces.
Questioning the motives of NATO, Karim Fahim and David Kirkpatrick of the New York Times on March 29,2011 wondered: "How the allies could justify air strikes on Colonel Quaddafi's forces around [his tribal centre] Surt, as seems to be the case, they enjoyed widespread support in the city and pose no threat to civilians."
Additionally, the killing of Gadhafi has been a priority for NATO commanders. NATO political leaders have been outspoken about removing Gadhafi from power. For example, Obama, Cameron and Sarkozy wrote an op-ed for the International Herald Tribune in which they announced that NATO will continue to fight until Gadhafi is gone or, in other words, not until the door is open for regime change.
On Monday April 25, NATO planes bombed Gadhafi's residence, administrative offices in the heart of Tripoli and Libyan State television. In another attempt to kill Gadhafi, NATO bombers struck Gadhafi's Bab Ai-Aziziya compound also in Tripoli.
These acts are clearly not in compliance with Resolution 1973 even if NATO forces claimed that they were attempting to protect civilians. Pre-emptive attacks are clearly not authorized by 1973 since the wording requires that civilians be "under threat of attack" and that can only be interpreted to mean that the threat is imminent.
In another violation of international law, NATO forces have killed a number of civilians violating the fourth Geneva Convention, Article 3, which stipulates that: "Persons taking no active part in the hostilities"[are protected from} violence to life and person."
During one air raid, NATO has actually admitted that it resulted in civilian deaths in a residential area in Tripoli, killing nine people including two children. According to the New York Times, on April 28, a NATO strike in Misurta killed 12 people. Furthermore, the BBC reported on July 24 that 15 people were killed in Sorman. As well, the World health Organization reports that the conflict has resulted in 120,000 refugees fleeing to neighbouring states.
On July 22, NATO warplanes bombed the pipe making plant in Brega killing six people. These pipes were used to repair the man-made irrigation system in Brega that supplies water to 70% of the Libyan people and is critical to repairing and maintaining their water supply.
Targeting essential infrastructure is strictly prohibited by customary international humanitarian law even if the facility is serving as a base for attacks. According to customary law: "Each party to the conflict must do everything feasible to assess whether the attack may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects"which would be excessive in relation to the concrete military advantage anticipated."
Material and personnel support to the rebels violate the arms embargo and Resolution 1973 because the rebels are not innocent civilians and they were not under attack at the time.
Colonel Thierrry Burkhard of the French military confirms that they have air dropped 40 tonnes of arms, anti-tank rockets, light armoured vehicles and rifles to the Djebel Nafusa region where Berber tribes have joined the revolt against Gadhafi.
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