The presence of mercenary groups and foreign fighters in Libya potentially had an impact in intensifying and prolonging the Libyan conflict, further complicating the search for a peaceful solution to the crisis. Foreign fighters and mercenaries have grossly violated domestic and international human rights and contributed to enormous human suffering. Mohamad Aujjar, Chair of the independent international fact-finding mission on Libya, told the UN Human Rights Council that the “mission’s investigations had found that all parties to the conflict in Libya since 2016, including third states, foreign fighters, and mercenaries, have violated international humanitarian law, particularly the principles of proportionality and distinction, and that some had committed war crimes”. Twelve years after violent conflicts and political crises, Libya is turning to a crucial election this year, one that was originally scheduled in December 2021 but could not be held due to disagreement between various political groups. It is considered that the presence of mercenaries and foreign fighters in the conflicting territories will be an obstacle to peaceful elections. African Union chairman stated that “the departure of foreign mercenaries could help Libya to achieve greater stability which was in a constant tussle since 2011”. As mentioned previously, mercenary involvement is one of the primary causes for the prolongation of the Libyan conflict, caused by the absence of firm international law concerning mercenary activities.
The growing presence of mercenaries in armed conflicts across the world, and the threat that mercenaries are posing towards international peace and human security is a signal of the need for a strong legal framework for regulating mercenary activities.
The conflict in Libya started when NATO-backed Western powers toppled the former authoritarian leader Muammar Gaddafi in 2011 and failed in placing a stable central authority in the country. In 2014 this political vacuum and crisis turned into a civil war between two rival groups, the Government of National Accord (GNA) in the western parts of the country that is recognised by the United Nations, and the Libyan National Army (LNA) in the eastern parts of the country, headed by Khalifa Haftar. Foreign powers had strategically aligned with the conflicting parties to protect their own parochial geopolitical and economic interests in the region. GNA had the support of Turkey and Western countries like Italy. In December 2020, the Turkish parliament authorised the deployment of troops to Libya in support of the GNA. It is estimated that Turkey sent between 2000 and 4000 mercenaries from Syria to Libya, all of whom were under the direct control of the Turkish military. The Sadat, a Turkish private military firm, was also directly involved in the Libyan conflict. On the other hand, the LNA enjoyed the support of Russia, Egypt, and the United Arab Emirates (UAE). Since 2014, UAE has supported the LNA by supplying arms while Russia sent mercenaries to boost LNA. In February 2021, the UN-led Libyan Political Dialogue Forum (LPDF) formed a new government called the Government of National Unity (GNU) with Abdulhamid AlDabaiba as Prime Minister with the approval of the Libyan House of Representatives. GNU failed to hold the national election which was the main purpose for the formation of the GNU. Thus, the country was again divided into two camps. On the one side, Egypt, Russia, France, and Qatar supported Bashaga and his eastern supporters. On the other side were Italy, Turkey (with some exceptions), the United Nations, and the United States. The UAE, surprisingly, supported Dbeibah. Once again, the situation on the ground demonstrates that a plethora of foreign actors are interfering in Libyan domestic affairs, each pursuing its interests rather than those of Libya and the entire region. Libya has become another battleground for proxy wars between Russia and Western powers. For Russian oil companies, Libya is attractive due to its vast oil reserves and vital from a military standpoint due to its strategic location. By constructing naval facilities in the Mediterranean, Russia would be able to expand its military presence further west. Regional and global powers are struggling to reshape the region according to their interests in the Sahel region. Russia and Turkey are leaders in this trend by using several mercenary groups. Thus, the complete elimination of mercenaries from Libya is one of the preconditions for peace and stability in Libya.
The growing presence of mercenaries in armed conflicts across the world, and the threat that mercenaries are posing towards international peace and human security is a signal of the need for a strong legal framework for regulating mercenary activities. There are a few reasons why mercenaries need to be legally regulated. First, mercenaries are beyond state control and may pose a practical threat to state sovereignty and security, as well as challenge the traditional realist idea of the state monopoly to use coercion or force, though realists agree that the nation-states no longer hold a monopoly over coercive instruments*. Second, mercenaries are profit-oriented firms, where financial gain is the goal. This raises both a political and moral dilemma that an individual who does not have any political or ideological affiliation towards the conflict is direct participant in the conflict. Above all, mercenary involvements in conflicts across the world are significantly changing the nature of conflicts by intensifying and complicating the pre-existing dynamics, especially considering they openly defy human rights and avoid related responsibilities.
The major treatise and conventions that regulate mercenary activities include Additional Protocol I and II to Article 47 of the Geneva Convention (1949), the Organisation of African Unity (OAU) Convention for the Elimination of Mercenaries in Africa (1972), and the International Convention against the Recruitment, Use, Financing and Training of Mercenaries (1989). However, these treatises are far from perfect as Sarah Percy says, “International law dealing with mercenaries is notoriously flawed”. According to her, the primary reason why international is weak is that states, back in the 1970s and 1980s, did not care enough to create effective regulations as they were not considered enough of a “practical difficulty” or warranted enough “moral attention” to necessitate legal attention. Another reason is that notably, weaker African states are vulnerable to mercenary activities as even Western states were willing to use mercenaries in the African continent for their strategic gains, and as well these African states have intentionally created loopholes within the law to use mercenaries themselves for their advantage. Immediately following World War II, Western states suppressed the African people’s struggle for self-determination and sovereignty by using mercenaries. Dusoulier says that “the private security industry has a long history on the African continent whether in the Sahel, Mali, or the Central African Republics”. He further points out that this state of affairs is a consequence of two factors: the weakness of government institutions in some countries and the continent’s wealth of mineral resources. Hence, it is evident that the laws concerning mercenaries are not strong enough to contain the spread of mercenary activities across the globe.
Recent conflicts in Libya, Yemen, Ukraine, and Syria are showing the paucity of international law concerning mercenary activities. Without an effective international framework to regulate mercenary activities, conflicts in this world will be turning more violent and intensified. Bilateral cooperation, information sharing, and the efforts of international organisations are important in this regard. The withdrawal of mercenaries from Libya will contribute to peaceful elections in the country and further lead to peace and stability in the country. Peace and stability in Libya will create a larger scope for peace in the entire Sahel region.
REFERENCES
- OHCHR. (n.d.). All Parties to the Conflict in Libya, including Third States, Foreign Fighters and Mercenaries, Have Violated International Humanitarian Law, and Some Have Also Committed War Crimes, Chair of Fact-finding Mission on Libya Tells Human Rights Council. https://www.ohchr.org/en/press-releases/2021/10/all-parties-conflict-libya-including-third-states-foreign-fighters-and
- Cascais, A., & Koubakin, R. (2023b, January 17). Mercenary armies in Africa. Retrieved from https://www.dw.com/en/the-rise-of-mercenary-armies-in-africa/a-61485270
- Beaumont, P. (2020, January 3). Turkish MPs pass bill to send troops to support Libyan government. Retrieved from https://www.theguardian.com/world/2020/jan/02/turkish-parliament-to-vote-on-sending-troops-to-libya
- Libya: Help make 2023 the year of ‘free and fair elections’, Security Council urged. (2022b, December 16). Retrieved from https://news.un.org/en/story/2022/12/1131817
- El-Assasy, A. (2023, February 20). AU Voices Commitment to Reconciliation in Libya. Retrieved from https://libyareview.com/32092/african-union-voices-commitment-to-reconciliation-initiative-in-libya/
- Powers, M. (2021, October 8). Making Sense of SADAT, Turkey’s Private Military Company – War on the Rocks. Retrieved from https://warontherocks.com/2021/10/making-sense-of-sadat-turkeys-private-military-company/
- Percy, S. V. (2007). Mercenaries: Strong Norm, Weak Law. International Organization, 61(02). https://doi.org/10.1017/s0020818307070130
- On the Approval of the Government of Libyan National Unity. (n.d.). Retrieved from https://www.embassyoflibyadc.org/news/on-the-approval-of-the-government-of-libyan-national-unity
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