The use of chapter VII on Libya. First details of the draft resolution

The draft resolution submitted by France, Lebanon and the United Kingdom to the fifteen members of the UN Security Council (*) is immediately placed under Chapter VII of the United Nations Charter (possibility of use of force), asking for a "immediate cessation of attacks against the civilian population and calling on the Libyan regime" from "take all measures to protect civilians and meet their basic needs, allowing the rapid and unimpeded passage of humanitarian assistance". This objective "to help protect civilians" is repeated at all levels of possible interventions.

The resolution includes several instruments. The most emblematic is the establishment of a "no fly zone". But we can also note: a reinforced control of the embargo on arms on the high seas, an action of humanitarian assistance and protection of civilians coordinated by the Arab League, the freezing of all the assets and economic resources of the Gaddafi clan, the prohibition of commercial flights from or to Libya (except those authorized), the extension of the list of persons prohibited from traveling or whose assets are frozen, the establishment of a group of experts.

A no-fly zone

The resolution provides for the establishment of a " ban on all flights in the airspace of Libya ". And it authorizes UN member states to take "all necessary measures to enforce this prohibition and prevent air attacks against the civilian population". All States - and their regional organizations - are called upon to provide assistance. The interested states will have to inform the secretary general of the UN like that of the Arab League. A series of flights is an exception: flights for humanitarian purposes, to evacuate foreign citizens from Libya, flights carried out by States acting under United Nations mandate.

Monitoring the arms embargo on the high seas

The arms embargo, provided for in the previous resolution (1970), has been tightened. Member States can inspect all ships and planes bound for or coming from Libya, on their territory (including ports and airports) and on the high seas, if they have information that this transport is used to circumvent the embargo. He "authorizes Member States to use all measures appropriate to the circumstances to carry out such inspections"and ask to do"close coordination between them" and with the UN Secretary General.

Protection of civilians and humanitarian assistance

It is the Arab League - and other states that wish to join - which is responsible for taking "all necessary measures to protect civilians (...) and to provide humanitarian and other assistance".

Libyan airline flight ban

Any Libyan commercial flight, including Libyan Air, is prohibited (take-off, landing or overflight of their territory) if the flight has not been previously authorized by the Sanctions Committee).

Freezing of all assets and resources held by the government

The asset freeze imposed in resolution 1970 is extended more extensively to all "funding, other financial assets and economic resources that are owned or controlled, directly or indirectly by the Gaddafi regime, individuals or entities acting under their control or their management, or by entities owned or controlled by them...". The destination of the frozen funds is not specified at this stage. In particular, there is no mention of a fund responsible for managing them. But the resolution affirms that these "assets will have to be available for the benefit (and for the benefit) of the Libyan population".

Persons prohibited from visas and with frozen assets

The two lists that included different names are extended. NB: A measure already taken by the European Union on the basis of its own powers.

Establishment of a panel of experts

A group of eight experts has been set up to monitor the application of all the measures of the resolution.

(*) Are members: South Africa, Bosnia and Herzegovina, Brazil, China, Colombia, France, Gabon, Germany, India, Lebanon, Nigeria, Portugal, United Kingdom, Russia, USA. NB: The presidency is exercised, in March, by China.