First US air strikes against ISIS in Libya. Use of lawful force?

(To Giuseppe Paccione)
01/08/16

It is a first bitter taste of the US air forces against the pseudo Islamic State present in some areas of Libya, especially in the city of Sirte, which appears to be their main stronghold. The attack took place in compliance with the international law of armed conflicts under the consent of government of national agreement, led by Prime Minister Fayez Al-Sarraj, recognized by the international community through an agreement signed in Tunis between Tripoli and Tobruk in the 2015.

These early attacks marked a series of heavy losses for ISIS members in the city of Sirte. Clearly, the interim Libyan government has specified that for now it has been decided for interventions only by air and not by land.

Obviously, the US government has specified that the incursions of aircraft flying the US flag are considered lawful as there is as a foundation the full consent of the Libyan state. In essence, to be clear, the raids are considered lawful, based on the consensus that the government of national agreement Interim Libyan, and therefore, fall within the international legal framework based on the principle of the right to legitimate individual defense that does not require the authorization of the United Nations Security Council, although it is an innate right provided for in the article 51 of the Charter of the United Nations . It states that no provision of this Statute affects the natural right to individual self-defense (...); in the sense that self-defense is the right of a State to oppose an armed reaction, even with the assistance of third States, in defense of its territorial integrity and political independence and that it is an exception to the inhibition of employment of the armed coercive action mentioned in the article 2, paragraph 4, of the same Charter of the United Nations.

The legitimate defense can be exercised only in the case of armed attack in progress, launched by regular forces across an international border or by sending armed gangs to the territory of another State, when this operation, due to its size, constitutes an aggression armed and, in this case, also by terrorist groups present in the territory of the State in question.

In June of the 2015, it must be remembered, the Islamic State seized the city of Sirte thanks to the chaos in which Libya had fallen after the fall of the dictator Gaddafi, in August of the 2011. This city is reputed to be one of the strongholds of the terrorist group connected with ISIS in Syria and Iraq. We will see developments in the coming weeks.

(photo: US Air Force)