With the Decision of the CFSP n.993 / 2016, which modifies the decision (CFSP) n.2015 / 778, concerning a European Union military operation in the central-southern Mediterranean (EUNAVFOR MED II operation SOPHIA), adopted by the Council EU Foreign Affairs, in concert with the Office of the High Representative of the Common Foreign and Security Policy, it was decided to extend the EUNAVFOR MED II or SOPHIA mission, not only, but two additional tasks of the operation were introduced , the first having as object the formation of coastguard and navy of the Libyan state, the second concerning cooperation to implement the arms embargo on nations.
The adoption of the decision de quo has its source from the meeting of the EU Foreign Affairs Council at the end of May 2016, in which they had already been convened and the prorogatio a year and the enlargement of the assigned tasks. About the first point, there was the request of the Libyan GAN (Government agreed national); on the second point, it was waiting for the green light to arrive or the authorization of the UN Security Council, which came the 14 June 2016, thanks to the adoption of the resolution n.2292 / 2016, which allowed the Council to deliberate in a formal way. This concerns the development or evolution of the operation in question, in which the tasks mentioned and the period of time, which was decided to extend by a few years, had already been set out by the EEAS (European service for external action), in the document EEAS (2016) 436, related toEUNAVFOR Med Operation Sophia (ENFM) Strategic Review, deposited with the Political and Security Committee.
Faced with the joint committees of foreign and defense of the two branches of the Italian parliament, the same minister of foreign affairs and international cooperation Paolo Gentiloni he explained the position of the Italian government regarding communications concerning the status of ongoing missions and development cooperation interventions in support of peace and stabilization processes, in which the minister himself wanted to underline the role of Italy, as crucial point in the mission EUNAVFOR MED through advances that continue to be done on the ground of consolidation. Of course, the tasks determined from the beginning of the operation and, in particular, the same remain confirmed without any modification status implementation. The government of national agreement, led by the Libyan prime minister Al-Sarraj, has not submitted any requests on this point, nor has there been any position to that effect on the part of the United Nations Security Council, in the sense that the mission remains positioned at the phase II of type A, launched in October of the 2015, which includes stops, inspections, seizures and hijackings of vessels on which there is a strong suspicion that they are used for trafficking and trafficking in international waters. It is still not feasible to implement the phase II of type B concerning the procedure of detentions, inspections, seizures and hijackings in the territorial sea of the Libyan state without the consent of the latter or through the resolutions of the United Nations Security Council; as well as the implementation of any necessary measure in respect of a vessel and its means, suspected of being used to trafficking in trafficking in persons, including its elimination or making sure that such boat is rendered unusable - here you should be in the phase III.
Finally, another aspect related to the duration of the mission, which had already been determined in the CFSP decision n.2015 / 778, of twelve months until the goal of total operational capacity has to be added. Through the decision of 20 on June 2016, the operation was extended in the immediate up to the half of the year 2017.
The CFSP Decision 2016 / 993 states some additional tasks, such as assigning to the operation de quo the task of favoring the development of the skills and training of the coast guard and the navy of the Libyan State in the tasks of contrast at sea with the aim of acting first in flushing out the trafficking and trafficking of people. On this point it should be added that direct contact between the EU institutions and the Libyan coast guard has continued and continues to this day, and this has happened both through the now reduced presence of the civil mission of the Common Security and Defense Policy with the task to control the borders of Libya, the so-called management of the Libyan borders (EUBAM Libya: Union Border Assistance MissionEU civil mission), which has its Headquarters in Tunis, both limited to preparatory and training activities in the context of the program "Seahorse Mediterranean Network". The European document of the EEAS (European service for external action), adopted the 13 April 2016, clearly established a concrete evolution of the naval operation on the training of the coastguard, as well as the navy of the Libyan State, and on the high seas and in the territorial sea, obviously through the presentation dell 'invitation which must come from the Libyan authorities.
During the summit on Libya, held in the Austrian capital, in the middle of May 2016, the Libyan premier Interim of the Government agreed national had submitted a contained request and, therefore, available in joint document. Also in May, the Libyan Prime Minister himself addressed a letter to the High Representative of the EU foreign policy Mogherini (photo), confirming his request for the EU's contribution to training the coastguard and the Libyan navy and security services.
The 24 may also of 2016, the EU Council for Foreign Affairs decided to extend the operation EUNAVFOR MED II or SOPHIA. It is clear that the letter sent by the Libyan Prime Minister Sarraj, under the EU's insistence, suffered a freeze on the part of Germany which clashed harshly with the bodies of the EEAS - recalling that this organ it is configured as an EU body that operates in functional autonomy, under the responsibility of the High Representative - as well as France itself, which highlighted strong doubts about the solidity and legitimacy of the Libyan coast guard. To this rebus a mediation solution was found, under the watchful eye of the High Representative of the CFSP, which was necessary to comply with the unanimity rule, despite the intervention of the other EU Member States.
Furthermore, according to the CFSP 2016 / 993 Decision, it is the responsibility of the Political and Security Committee to determine the start of the operation which, once the necessary preparations have been made, in particular regarding the force constitution and control procedures of trainees, the additional task referred to in paragraph 1 is carried out on the high seas in the defendant zone of operation of EUNAVFOR MED II operation SOPHIA, defined in the relevant planning documents; not only that, the additional task, referred to in paragraph 1, may also be carried out in the territory, including territorial waters, of Libya or of a third neighboring State of Libya - this refers to Tunisia - if the PSC decide to do so following an assessment by the Council on the basis of an invitation by Libya or the host State concerned, and in accordance with international law. On the contrary, other decisions will not be considered if part of the additional task can be carried out, by invitation, within a Member State. In addition, it is determined that, to carry out theprocess procedural control and given their written consent, the trainees' data are shared with EU Member States, UNSMIL (United Nationes Support Mission in Libya) an unarmed mission, but a political one, aimed at encouraging dialogue between the different groups that make up the Libyan mosaic, EUROPOL and FRONTEX.
It should also be mentioned that, in the context of partnership framework with third States in the context of the European migration agenda, proposed by both the High Representative of the CFSP and the Vice-President of the EU Commission, it was decided to make funding available to Libya, which could also be used for training conducted by the naval mission.
Another important additional task, entrusted to the EUNAVFOR MED or SOPHIA operation, concerns collaboration oninterchange of information and, even more interesting, onexecution ofembargo decided by the United Nations Organization on Weapons in International Waters and off the coast of the Libyan State. During the total repression of the Gaddafi regime, the UN Security Council passed the 1970 resolution of 26 2011 February to affirm international legality in Libya. It imposes an embargo on the arms trade together with other non-military sanctions from and to the Jamahiriya, modified and confirmed in further resolutions until the last adopted the 31 March 2016. On the one hand, as reported in the final report, this embargo has suffered continuous violations by many parties, so that detailed checks would be needed to ensure its implementation. On the other hand, it is clear to everyone that the ongoing supply from outside the various groups is impeding the strengthening of the government of national agreement, now recognized by the member states of the international community. On the other, it must be said that the interim president Al-Sarraj expressed the desire to ask for more exemptions from the embargo to the specific body set up in resolution n.1970 / 2011 - for the affirmation of legality in Libya -, the so-called Security Council Committee, which has a title in the field, with the aim of being facilitated in countering ISIS and other terrorist groups present on the Libyan territory. The EU Council has decided to make concrete its commitment to an additional task of the EUNAVFOR MED or SOPHIA operation on the basis of a new UN Security Council resolution. Even this point, in essence, had been discussed, as a possible evolution of the naval operation EUNAVFOR MED or SOPHIA, with the aim of flushing out international terrorism, but without removing the hypothesis later shelved that this could happen even in the territorial sea of Libya.
The United Nations, through the main body responsible for maintaining international peace and security, id est the Security Council, adopted the resolution n.2292 14 June 2016, with which it is authorized, for twelve months, and with the aim of inhibiting the transfer of war material to ISIS and, not only, to other groups that are integrated into the terrorist world, the Member States, individually or through international regional organizations, together with the favorable consultations with the government authorities of a national agreement, to inspect the waters in international waters without problems in the waters of and / or for Libya that there is reason to consider the fact that they are transporting weapons or related material to or from Libya, directly or indirectly, in violation of the 9 and 10 paragraphs of the 1970 n.2011 resolution and further modifications.
It is also necessary to remember that the mandate contained in the resolution de quo its object is to provide a derogatory legal basis for actions that would otherwise be contrary to general international law. Consequently, this last resolution, adopted by the Security Council, does not limit the faculties of intervention already available to a State, in accordance with international law. One thinks in particular of the situations in which a state expresses its own assent intervention against a ship flying its flag which, by hypothesis, do not fall within the scope of the resolution field. The latter gives a limited and controlled empowerment that only applies in situations where naval forces (war), which control the Mediterranean Sea, were still powerless today. They can inspect a suspect ship, despite the possible reluctance of the flag State. If the presence of weapons is confirmed, the attitude of the flag State can change. If this were not the case, the ship would also be diverted to a port to allow unloading and then the destruction of the weapons found on board. It can be clearly seen in the reading of the resolution n.2292 / 2016 that the mandate to intervene against ships has not the object of avoiding cooperation between the States considered, especially with the flag State, but of favoring it. Ergowithout any cooperation, the criminal prosecution of arms trafficking, which is not enshrined in the resolution, would not take place.
Furthermore, it should be added that each inspection is preceded by attempts in good faith to obtain the consent of the flag State. It should also be emphasized that the adoption of the resolution under discussion, before its approval, has met with disappointment on this specific point, by coincidence, of two permanent members of the UN Security Council, to say China and Russia, who were in favor of protecting the principle of exclusive jurisdiction of the flag State and that would have led to an emptying of the contents of the authorization. It was decided, then, through a compromise, to then reach unanimity in this resolution, to replace the expression cercare (seek) with that of get (Obtain).
In the same resolution there is also the authorization to use every means that is appropriate to the particular circumstances in conducting inspections. It can be said that the formulation all the means commensurate with the specific circumstances, under the pressure of some Member States of the Security Council, has undergone some change with that of all the necessary measures, making it more soft. In addition, the authorization to seize and dispose of the objects used as smuggled goods and to gather sufficient evidence of the transport of inhibited products is determined. The decision taken by the 20 Council on June 2016, in a sense, is very close to the content of the UN Security Council resolution n.2292 / 2016. This additional task was also delegated to a deliberation by the Political and Security Committee, as was the case for the additional task concerning training. Furthermore, as regards the resolution, there is the forecast, as already analyzed by the European service for external action in their work file, the gathering of information and, in particular, their sharing with the relevant partners and agencies, even if they are classified, but only in terms of RESTREINT UE (to guarantee the security of information in the The field of communication and information systems means trust in the fact that such systems will protect the information they process and will work in due course and in due course under the control of legitimate users.A effective information security guarantee must ensure adequate levels of confidentiality , integrity, availability, non-repudiation and authenticity.) and on the basis of concerted rules between the Office of the High Representative for CFSP and its partners, in full respect of the principles of inclusion and reciprocity.
The proposal concerning an extension of the mission or operation area to the north and east, that is to say in those parts of the sea where neither EUNAVFOR MED, nor FRONTEX, nor NATO, has found a solution, a solution that it is made desirable by the foreseeable migratory flow from the south due to the closure of the Balkan route.
(photo: EUNAVFOR MED / Military Navy)
