What The Resolution Really Says

Something caught my eye the other day as a read through UN Security Council Resolution 1973 — the resolution that authorizes military action against Libya to “protect civilians.” This is the operative section is paragraph four, which comes after wading through many paragraphs of preamble (“Recalling,” “taking note of,” “reiterating,” “considering,” blah blah blah):

4. Authorizes Member States that have notified the Secretary-General, acting nationally or through regional organizations or arrangements, and acting in cooperation with the Secretary-General, to take all necessary measures, notwithstanding paragraph 9 of resolution 1970 (2011), to protect civilians and civilian populated areas under threat of attack in the Libyan Arab Jamahiriya, including Benghazi, while excluding a foreign occupation force of any form on any part of Libyan territory, and requests the Member States concerned to inform the Secretary-General immediately of the measures they take pursuant to the authorization conferred by this paragraph which shall be immediately reported to the Security Council …

Two things. First, the purpose of the resolution makes the defense of civilians and civilian areas under attack the purpose of the military action. This, of course, is cover for assisting the rebels, but suppose the military situation turns, it could just as easily be invoked by Qaddafiy’s government to demand protection for Tripoli. It won’t happen (the protection, not the call), since the goal of the intervention — at least from the Anglo-French perspective — is the end of Qaddafiy and his government. Neither country will use their military to protect him or his forces, or cities he controls, even if the “law” allows it.

The second thing, however, is more interesting. The resolution explicitly excludes a “foreign occupation force.” This has been taken to mean (by the press) no ground troops, but that’s not what the words say. It doesn’t say “foreign combat force,” it says “foreign occupation force.” This is enough wiggle room to drive the French Foreign Legion or a Marine Expeditionary Unit through. The difference, in my mind, is simple — no one can send troops in to occupy and govern Libya, but it says nothing about troops in to help the rebels fight.

I’m not saying that will happen, or was even planned. But lawyers write these documents very carefully. If they had wanted a resolution that would explicitly forbid all foreign (non-Libyan) ground troops from being in the country as part of this, it would have said so. That it doesn’t suggests someone (in Paris, probably) wanted to keep the option open.