What is Genocide?

The 1948 Convention on the Prevention and Punishment of the Crime of Genocide (article 2) defines genocide as any of the follo ing acts committed ith intent to destroy! in hole or in "art! a national! ethnical! racial or religious grou" ### $! including% (a) &illing mem'ers of the grou"( (') Causing serious 'odily or mental harm to mem'ers of the grou"( (c) )eli'erately inflicting on the grou" conditions of life calculated to 'ring a'out its "hysical destruction in hole or in "art( (d) *m"osing measures intended to "revent 'irths ithin the grou"( (e) +orci'ly transferring children of the grou" to another grou"#

Motion 1: Rape as a weapon of war and honor killings during the genocide )uring the eight months of ar in ,i'ya during the -addafi era! ra"e as

'ecoming a serious "ro'lem at that time# .a"e is a difficult crime for a female ,i'yan ladies# *f -addafi destroys a 'uilding! it can 'e re'uilt# /ut oman! the 'est ea"on# .a"e in armed conflict violates the terms of the Geneva Conventions! and "rohi'itions of ra"e and other forms of se2ual violence are element of customary international humanitarian la ! 'inding in all international and non3international conflict# *slamic la classifies ra"e as a ar crime! and ,i'yan domestic "rotocols outloa ra"e as an offence of unla ful ounding$ These allegations of ra"e corro'orate accounts of se2ual violence that other international investigators have documented# *CC chief "rosecutor ,uis 4oreno3 5cam"o is said to have information to confirm that it those ho as a "olicy in ,i'ya to ra"e ith high ere against the Government$# /y that information! 6nited 7ations is ont sli""ed again in the hen -addafi ra"es a hole community is destroyed forever# 0e 1no s this! and so ra"e is his

really need to maintain or reinstate la ! order! "enal! and 8udicial "rocesses "rofessionalism and fairness so that the misguided "olicy other mem'erstates#

Motion 2: The Security Problem Post-War Period There are a lot of security "ro'lem after ar in each mem'erstates# 9nd one of the 'iggest security "ro'lem ha""ened in ,i'ya "ost3-addafi era is the formation of "eo"le 4ilitias# The country is a ash ith ea"ons from -addafi:s stoc1"iles# *mmediate "ost3 ar estimates "ut the num'er of militias in ,i'ya in the hundreds! and armed ,i'yans at roughly 12;#<<<# =fforts to dis'and inde"endent militias and disarm the civilian "o"ulation have often met violent resistance# The government:s seeming ina'ility to "rovide 'asic services! "articularly in the area of security! has ea1ened its legitimacy# )etailed analysis of security and "olitical trends in the "ost3 ar "eriod highlight a num'er of 1ey sources of insta'ility# These threaten to disru"t not only the nation:s transition to a sta'le and via'le democracy! 'ut also refional security as a hole# 9s a result! ,i'ya:s militias are as much "art of the "ro'lem as of the solution# 9lthough they are "roviders of a minimum level of security! this remains rather s1etchy# *n the a'sence of "ro"er la the militias refuse to give u" their enforcement agencies as ell as armed forces! ea"ons! "ossi'ly rightly so# /ut the a'undance of ill need ne ! "rofessional security hich ill reintegrate the militiamen

ea"ons! the regular clashes! increased terrorist attac1s and the occu"ation of Tri"oli:s air"ort are all indications that ,i'ya forces as fast as "ossi'le > as into society# *nitial "rograms to re'uild the military face a num'er of su'stantial challenges# +irst of all! there is no doctrine yet on ?uestions "ertaining to actual si@e! training and e?ui"ment of the ne "olitical authority ,i'yan armed forces# 9nother reason is that as left in lim'o during the run3u" to elections on A Buly 2<12# hich the 7ational Transitional Council is not# Co! the ell as a "rogram

)ecisions on such crucial issues as military vision for ,i'ya need the 'ac1ing of legitimate government! delegation of ,i'ya 'elieves that 6nited 7ations should interceding to ensure "eace! security! and sta'ility 'y ma1ing a firm la # /ecause "eo"le should not fear of gun 'ut "eo"le should fear of la #

The interna- tional community must assist the newly emerging civilian authorities in providing basic services to the Libyan people as Libya develops a constitutional framework and mechanisms and builds civil society and institutions. As the Transitional National Council charts a new course for the country in a post-Qaddafi era, it must ensure that perpetrators are brought to justice and held to account for their abuses. Individual accountability for crimes under the rule of law is the best guarantee for preventing future human right violations and ending a cycle of violence.
Background The Cocialist Peo"le:s ,i'yan 9ra' Bamahiriya! commonly reffered to as ,i'ya! is a 7orth 9frican country ith a "o"ulation of D!D million "eo"le! including a""ro2imately 1DD!;1< non nationals# ,i'ya is an autocratic state that Colonel 4uammar -addafi led since he came to "o er in a cou" d:etat more than 4< years ago# -addafi relied on a net or1 of tri'al leaders and family mem'ers to maintain control of the country# ,i'ya has no formal constitution! ith governance 'ased instead on the )eclaration on the =sta'lishment of the 9uthority of the Peo"le# Torture and Summary execution The *nternational Convention on Civil and Political .ights! to hich ,i'ya is a "arty! states that every human 'eing has a legally recogni@ed inherent right to life! and a right to 'e free from e2tra8udicial e2ecution > a right hich cannot 'e a'rogated *n addition to 'eing 'ound 'y the *CCP.! ,i'ya is also a "arty to the Convention 9gainst Torture! 'oth of hich guarantee every individual the right to 'e free from torture and all forms of cruel! inhuman or degrading treatment# The "rohi'iton of torture is a 8us cogens norm of customary international la ! and torture is one of the enumerated acts listed under the definition of crimes against humanity under the .ome Ctatute# *nternational humanitarian la also "revents armed forces from treating any unarmed "erson cruelly in a non3international conflict Forcibli disappearance 4ore than 1!1A< "eo"le have 'een registered as missing in 4israta! and the 67 confirms that at least 1!<<< have 'een 1idna""ed or disa""eared since +e'ruary 2<11# The 6nited 7ations 0uman .ight Committee! the 'ody that enforces the *CCP.! has declared that the enforced disa""earance of an individual results in inhuman treatment of the individual:s family mem'ers! and that derogation from the *CCP.:s "rohi'ition of enforced disa""earance is never allo ed# =nforced disa""earance may ?ualify as a crime against humanity under the .ome Ctatute# ,i'yan la further re?uires state authorities to carry out all detentions at 1no n locations and to notify family mem'er#

Using Civiians as human shields -addafi troo"s forci'ly detained 1<A civilians and used them as human shields to guard military munitions from 79T5 attac1s south of 4israta during 9"ril and 4ay 2<11# -addafi forces also used civilians to "hysically shield them from active fire and that they shielded ea"onry in civilian areas! including mar1ets! mos?ues! and schools# The .ome Ctatute also defines as a ar crime to use of civilians to render military forces! "oints! or areas immune from military attac1# !ntentional and !ndiscriminate attacks on civilians The 6nited 7ations documented that -addafi forces indiscriminately launched roc1ets and mortars against homes and mos?ues in 4israta# The 67 also alleged that -addafi forces have not ta1en necessary safety measures called on ,i'yan armed forces to discontinue use of e2"losive hen using anti3tan1 ea"ons in "o"ulated landmines! including ma1ing mines easily detecta'le and remova'le# The 67 has areas! including shelling intended to damage civilian 'uildings and livelihoods# Partici"ants in armed conflict must adhere to the "rinci"les of distinction and "ro"ortionality# *nternational la for'ids military forces from intentionally targeting ea"ons that 'y their nature civilians in non3international armed conflict! and indiscriminately target civilians are e2"licitly outla ed# Partici"ants in armed conflict must adhere to the "rinci"les of distinction and "ro"ortionality# Coldiers commit *nternational la ar crimes hen thet intentionally target religious orshi" and from structures and homes! to ns! or villages that are not legitimate military targets# "rohi'its armed forces from attac1ing "laces of incor"orating religious sites into military offensives# *nternational la also a also "rohi'its armed forces from "illaging "ro"erty and anything and its "rohi'ition has 'een declared a norm "rohi'its

else that civilians need to survive# *ntentionally inflicting starvation on civilians *s ar crime under international la of customary international humanitarian la ! a""lica'le in 'oth international and non3 international conflict# )omestic la forced entry of any civilian home# -addafi indiscriminate and intentional attac1s on civilians have the effect of forci'ly dis"lacing many of these civilian# Cuch forced dis"lacement violates international humanitarian la ! and forced de"ortation is one of the enumerated acts that may also "rohi'its such acts! as ,i'yan la

constitute a crime against humanity under the .ome Ctatute of the *nternational Criminal Court# "iolations of medical neutrality Government must "rovide non3discriminatory medical care for those in need# 9dditionally! international humanitarian la of the sic1 and conflict# re?uires all "arties to allo for the care ounded# *m"ro"erly using or destroying the .ed Cross or .ed of non3international

Crescent sym'ol also violates international humanitarian la

#perating $nvironment .egional differences ithin ,i'ya create security and develo"ment challenges uni?ue to different geogra"hic areas# 7onetheless! a num'er of underlying issues are evident at the national level and com"licate efforts to sta'ili@e the country in the "ost3 ar "eriod# ,i'ya:s governance ga" is manifested in ea1 state institutions! "articularly in the security sector#4 4any security functions throughout the country! including 'order control and guarding "u'lic infrastructure such as air"orts and hos"itals! have 'een assigned to militias officially under the "urvie of the *nterior and )efense 4inistries! rather than national army and "olice forces#; The country "olitical and 8udiciary systems are also fragile and underdevelo"ed! as evidenced 'y the fre?uent shuffling of ca'inet mem'ers since the Buly 2<12 elections and the recently "assed Political *solation la # 9 system of overla""ing security institutions lac1ing centrali@ed su"ervision! and "olitical and 8udiciary systems lac1ing chec1s and 'alances and due "rocess! are "artly a legacy of -addafiEs idiosyncratic rule#A "iolent extremist Fides"read atac1s on 'oth foreign and domestic targets throughout the country suggest the involvement of Calafi38ihadi militias# These militias es"ouse violent e2tremist ideologies including the vilification of the Fest! re8ection of the central government! and the use #rgani%ed crime The "roliferation of armed grou"s and the a'sence of effective security institutions! "articularly in remote areas of the country and in 'order regions! have led to a visi'le increase in organi@ed criminal activity# This includes the smuggling of licit goodsG such as fuel! electronics! and livestoc1Gand illicit goods! such as ea"ons! narcotics!

and alcohol! as ell as human traffic1ing

&ey 'uestions (oing Forward ,i'ya finds itself in a "recarious "osition as it struggle s to esta'lish a sta'le democracy in the "ost3 -addafi era# Given that insta'ility in ,i'yaGincluding the s"read of ea"ons and the creation of terrorist safe havensGdirectly im"acts the surrounding region and ultimately glo'al security! a num'er of 1ey ?uestions arise for the 6nited Ctates and its "artners on ho 'est to assist in ,i'ya:s transition! and in hat ca"acity# These include% . 0o can the 6nited Ctates and its "artners 'est e?ui" the ,i'yan government to "rofessionali@e its security forces and esta'lish legitimate and effective "u'lic institutionsH

. Fhat are the 'est means to identify and "ro"erly engage credi'le local and national ,i'yan "artners that are committed to strengthening democracy and rule of la H . Fhat are the short and long3term conse?uences of "otential relationshi"s 'et een violent e2tremist and criminal net or1s for ,i'ya! its immediate neigh'ors! and the ider regionH . 0o . 0o can the 6nited Ctates and its "artners 'est assist the ,i'yan government in countering the s"read of violent e2tremist ideology and organi@ationsH can regional and international organi@ations 'e more relevant in hel"ing the ,i'yan state esta'lish "ositive sovereignty ithin its 'ordersH

6ltimately! ,i'ya:s future sta'ility ill largely de"end on the government:s illingness and ca"acity to esta'lish institutions that are vie ed as legitimate and are a'le to effectively "rovide 'asic "u'lic services to its citi@ens! "articularly in the area od security