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Introduction

Libya has a rich and complex history. For centuries, the country was passed under various rules, from the Carthaginian, Byzantine, and Ottoman empires; to the 20th century colony of the Italian, French and British rule. However, Arab patriots rejected the colony, and in 1949 the United Nations decided to create an independent monarchy to be ruled under Sayyid Idris, Emir of Cyrenaica. Libya’s fortunes shifted in 1959, when vast oil discoveries transformed Libya into a wealthy state. Ten years later, inspired by the growing influence of Gamal Abdel Nasser’s socialism and Arab nationalism, a group of 70 young army officers led by Colonel Muammar Gaddafi launched a coup against King Idris in Benghazi on September 1, 1969. After only two hours, Libya transformed into an Arab Republic. Gaddafi ruled Libya with a firm grip for 40 years.

To better understand the current turmoil within Libya, one must consider the last three tranches of the nation’s recent history: the United Kingdom of Libya, proclaimed in Benghazi in December 1951; Gaddafi’s rule following the 1969 coup; and the 2011 Arab Spring Revolution. One should not consider recent events in Libya as existing in a silo, the consequence of only recent history. Rather, one should be open minded to understanding the unfolding events through a different lens, and to understand the context for certain actions in the country’s complex history. Without knowledge of the country’s complex cultural traditions, understanding its modern dynamics is futile.

Libyan people strive to achieve their full-fledged freedom. However, after 40 years of Gaddafi’s one-man rule, the decade-long effort has proved a difficult task. This book seeks to contribute to this effort. It underscores the shortcomings of totalitarian rule in Libya and demonstrates that the future of Libya is secure in the hands of an educated and worldly next generation. The authors within shed light on the possible outcomes and desired solutions for a number of challenges faced by Libyan society today. Indeed, it is a difficult task to produce a book on a country at war. Rapidly shifting dynamics profoundly change realities on ground. However, the topics addressed herein deal with issues that will preoccupy Libyan society for years to come.

The post-Revolution Libya of today continues to struggle with security issues such as political kidnappings, the presence of various militia loyal to various factions, and issues of economic insecurity. However, one matter seems to have found resolution: the end of autocratic one-man rule. Khalifa Haftar’s efforts to obtain one-man rule in the same style as Gaddafi have failed, despite support from abroad, such as the United Arab Emirates, Saudi Arabia, Russia, Egypt, and France. Libya now looks to pick up the pieces and begin political negotiations anew, aspiring toward new elections and a permanent constitution.

Rima Kalush walks through the complex history related to trafficking, legal and illegal migration from Gaddafi’s time to present day. Moving forward, Rima proposes a rights-based migration policy in lieu of contemporary, European-led efforts to firefight irregular migration. Rima also recommends ratifying the 1951 Convention Relating to the Status of Refugees and developing asylum legislation. Though the right to asylum was included in Article 10 of Libya’s 2011 Interim Constitutional Declaration, no implementing regulations were ever established. Currently, asylum-seekers are treated the same as any migrant, and therefore subject to indefinite detention and deportation.

Fatima Efeitori covers the implications of migrant smuggling in Southern Libya. She addresses how migrant smuggling intersects with illicit trade and trafficking of other commodities and what is believed to represent a strong relationship between the trafficking of heroin and cocaine from Nigeria and the smugglings of migrants. Networks from Sahel, Central African and other sub-Saharan states have been found to be active in human trafficking and smuggling in Libya. Efeitori argues that the post-Gaddafi regime has resulted in a more violent smuggling market, plagued with exploitation due to an acute lack of capacity for Libyan authorities to deliver on their security promises. Moreover, armed groups have replaced smugglers and used rents from predatory activities to fuel the war. The only solution to effectively provide disincentives to smugglers and armed groups from carrying on this generational trend is to provide a sufficient and sustainable economic development and jobs alternative.

Fatma Hashad examines internment as a legitimate and preventative security measure in Libya’s ongoing armed conflict. She initially reviews whether the conflict in Libya meets the threshold required in International Humanitarian Law (IHL) to be considered as a non-international armed conflict (NIAC). She discusses the legal basis of internment in NIACs, focusing on the Libyan model, and answers the question of who has the authority to exercise internment in the Libyan conflict. Furthermore, Hashad proposes recommendations for the development of IHL tailored to fit the conflict. Hashad concludes that the current IHL regime is inadequate and irrelevant, and that the absence of a cohesive legal regime with regards to NIAC impacts the internment process in the Libyan conflict. The majority of scholarly work in this area is focused on prisoners of war, with little research focused on a non-international armed conflict.

Mohamed Eldarsi reveals a history of political violence in Benghazi that began back in 1986 with the assassination of Ahmed Mesbah al Warfalli, a member of the Revolutionary Committees belonging to the regime’s party. This event triggered clashes between the religious youth and regime forces that lasted until 2006, giving rise to various jihadi groups and organizations opposing the regime. He clarifies the role of revolutionaries, rebel battalions, Ansar al Sharia, and Khalifa Haftar played in Benghazi, following the Arab Spring uprising in 2011. Eldarsi concludes that a one-man leader and tyranny results in a rise of terrorist extremism; the only way to peace and stability is through the spread of democracy, making the voices of the people heard, and letting a political solution take its time.

Dr. Ali Abusedra walks through the history of Libya’s judiciary system, which has undergone numerous transitional stages in the modern period. Libya’s status as a transitional and post-conflict state presents a serious obstacle to strengthening the judiciary and legal institutions in the country. Dr. Abusedra provides crucial recommendations on how to create an independent judiciary that will serve citizens in accordance with international legal standards. He argues that the full independence of the Supreme Judiciary Council (SJC) will reinforce the separation of the powers and safeguard the vaunted institutions and individual independence of the judiciary. He stresses the importance for all authorities to consult the SJC in judiciary matters. He argues that the Libyan Constitution should adopt an objective set of criteria and procedures to appoint, promote, suspend, and dismiss members of its judiciary and regulate the disciplinary actions taken against them in accordance with the established judicial conduct. Lastly, Dr. Abusedra suggests that the executive branch not to have any say in the appointment of SJC members to ensure full separation of any possible political influence on the judiciary.

Ghaith Alsanusi discusses the politicization of tribalism in Libyan society. He suggests that tribal influence and customary laws reached their height during Gaddafi’s rule, with the younger generation ready to embrace democratic values back in 2011. Alsanusi argues that Khalifa Haftar’s announcement of the Dignity Operation in 2014 came at a time when tribal influence was on the verge of collapse, especially in eastern Libya. Haftar realized that the only way to power was to revive the tribal identity in Libya, and by doing so guarantee a stand. Haftar has exploited the state of anarchy in Libya to his advantage by waging a propaganda campaign to label his opposition as nothing more than extremists who should be eradicated. As a result, many of those who joined the Revolution to overthrow the former dictator were classified as extremists. Alsanusi tells us how Gaddafi empowered tribal identity in Libya to the highest degree of authority in an effort to abolish western liberal influence in the country and prevent elections.

Dr. Nizar Krikish shares insights on how the Libyan state was formed during the Gaddafi era. He reasons that one-man rule cannot pacify the current anarchy in the country. With the passing of Law No. 15 in 1981, all Libyans worked with equal pay by the state, creating a society that became stagnant, with no competition, ambition, diversity, or civil society. People erupted into a massive revolution as a result of longstanding failure of Gaddafi to govern the country with his anarchist propaganda and his elevating of tribal powers while labeling Islamist ideology as a risk that threatens the future of Libya. The fragmentation of authority, as well as the proliferation of militias and criminal organizations were the result of lacking institutions and a confused political culture that has been infiltrated by various political players following the Revolution.

Muna Diaf draws parallels between Muammar Gaddafi and Khalifa Haftar’s approach to the gender sector as it relates to women’s liberation. Both have instrumentalized the militarization of women and the inclusion of women in politics, but prioritizing compliance with regime and state loyalty. In doing so, both Gaddafi and Haftar aim to propagate a progressive image of their leadership. She analyzes the true nature of the leadership of both Gaddafi and Haftar, ultimately finding that the feminist rhetoric and bolstered image of empowered women therein is in actuality a method of exploitation that abuses women.

Nizar Aswed sets out how Libya transformed itself at the turn of the millennium, and highlights where it failed leading up to the 2011 Revolution. He argues that a lack of democracy and the absence of human rights protections continue to plague Libya and its governance in spite of the fact that the West championed Libya as a positive ‘alternative model’ in contrast to the ‘coercive’ precedent established by the Iraq war and the toppling of Saddam Hussein. Aswed explores how the interim period of 2003-2011 represents an often-overlooked era in Libyan politics and represents significant missed opportunities for national reformation and improvement. This period of reintegration and internationalization led to various short-term improvements but failed to push for fundamental democratization and human rights improvements. Aswed ultimately concludes that Libya’s future must encompass political union, national dialogue, the cessation of violence, and recognition of the wants and needs of the Libyan people.

In his second chapter, Dr. Ali Abusedra comprehensively introduces the nature and benefits of Specialized Economic Zones (SEZ). He argues that, if organized properly, and with adequate legal framework, SEZs can significantly help Libya’s economic growth. Dr. Abusedra sheds light into various important additional benefits SEZs can bring to Libyan people, such as gaining and improving labor skills, diversifying the economy and thus providing incentives to improve the overall education system, creating joint ventures with international partners, and improving the health system through competitive requirements by SEZ establishment. Dr. Abusedra’s thorough study on this topic provides readers with various examples of international experiences with SEZs so that Libya can embrace a “lessons-learned” approach when identifying the best way forward for itself.

Khirya Erkhise approaches the hardships endured by women throughout Libya’s history. Using historical report and survey data, Erkhise covers the life expectancy, education, workforce development, political participation, and social acceptance of women in Libyan society from its independence in 1951 through today. She takes a deep dive into Libya’s turbulent political history after Gaddafi’s downfall, and how it has specifically affected women. Erkhise contends that the economic and security conditions in Libya have been perhaps the worst experienced by Libyans in more than half a century, and that—given their role and situation—Libyan women feel these conditions acutely.

Amro Azouz walks us through the period of the February Revolution until today providing a synopsis of government challenges that shaped the country in the last decade. Mohamed shows us how deep the influence of several decades long Gaddafi era resonated in the activities of the National Transitional Council, to General National Congress, and at the end, the Government of National Accord.

Alaa AbouGhrara writes of her daily life as a young woman in school, living in the middle of a warzone. She recalls how her situation motivated her towards achievement and further education, in spite of the odds stacked against her. AbouGhrara encourages all young women to know their true worth.

Dr. Sasha Toperich

Dr. Ali Abusedra