The Libyan civil war presented questions for international law and diplomacy never encountered before in a non-international armed conflict. Alongside problems common to civil wars in general, such as recognition of the contesting parties, access to state property abroad, and non-intervention, the Libyan conflict contained several unique aspects: the elaborate UN, US, and EU sanctions regime and its effect on Libya's sovereign wealth fund (the Libyan Investment Authority), the referral of the situation in Libya to the International Criminal Court, and the open calls for regime change. These elements raised complex and unique political and international law issues. Adopting a similar approach to Norman J. Padelford's seminal 1939 book, International Law and Diplomacy in the Spanish Civil Strife, this book presents thirty case studies, providing a detailed legal assessment of each of the key issues of international law and diplomacy raised by the conflict. It focuses on the practical legal problems with which government legal advisers and diplomats were concerned during the civil war, many of which have received little public attention. The book also includes an overview of the Libyan civil conflict as a whole, and a public international law obituary of Muammar Qadhafi, which examines his most prominent actions and their impact on international law. The book also investigates how the Libyan civil war was utilized as a laboratory for the testing of the new 'responsibility to protect' doctrine, raised in deliberations among the United Nations Security Council members. For the first time, the Security Council authorized states to get involved in a civil war and to use 'all necessary measures' to enforce a no-fly zone and to protect civilians and civilian populated areas under threat of attack. This book is important reading for scholars, students, and practitioners concerned with the interaction between law and diplomacy in times of armed conflict

"As Robert Art makes clear in a groundbreaking conclusion, those results have been mixed at best. Art dissects the uneven performance of coercive diplomacy and explains why it has sometimes worked and why it has more often failed."--BOOK JACKET.

Political Rationale and International Consequences of the War in Libya focuses on the international intervention in Libya in 2011, and tries to answer two broad questions; (1) What was the political rationale for the various actors to proceed as they did in the lead-up and conduct of the military intervention in Libya?, (2) What are the consequences of the UN-authorized military intervention in Libya? R2P was the public raison d'etre of the war, and an important legitimizing factor of the intervention. Still, the humanitarian situation was a necessary, but not in and by itself an adequate precondition for intervention. A number of factors coalesced to enable the intervention. While the humanitarian situation triggered the intervention, in reality a variety of national interests governed the approach by the various international actors, and more often than not, these motives were not rooted in the particular circumstances in Libya. The book offers a combination of unique perspectives. While the perspectives of the US, France, and the UK on the Libyan Crisis/War have been well documented, the Arabic and Scandinavian political and military dynamics have been much less so. While the perspectives of NATO, the UN, and R2P have been debated, the view from the Arab League and African Union (AU) have been less in focus. The volume redresses that imbalance and offers the most broad-ranging analysis yet of a key moment in recent international relations.

Established in June 2014, New-Med is a research network of Mediterranean experts and policy analysts with a special interest in the complex social, political, cultural and security-related dynamics that are unfolding in the Mediterranean region. The network is developed by IAI, in cooperation with the OSCE Secretariat in Vienna, the Compagnia di San Paolo of Turin, the Italian Ministry of Foreign Affairs and International Cooperation, and the German Marshall Fund (GMF) of the United States. At the core of the New-Med activities stands the need to rethink the role of multilateral, regional and sub-regional organisations, to make them better equipped to respond to fast-changing local and global conditions and to address the pressing demands coming from Mediterranean societies all around the basin. This volume examines the goals and prospects of the OSCE’s growing engagement in the Mediterranean region and, more specifically, with the OSCE’s six Mediterranean Partners for Cooperation (Algeria, Egypt, Israel, Jordan, Morocco and Tunisia). The volume’s four chapters focus on the OSCE’s potential role in international efforts to stabilize Libya, a country which has been ravaged by a prolonged and destructive civil war, becoming the epicenter of conflict dynamics with far-reaching implications for both neighbouring countries and Europe. Each chapter addresses a particular theme, or level of analysis, tied to the current conflict in Libya. Beginning with an introductory chapter outlining the OSCE’s growing engagements in the Mediterranean region and Libya’s abortive requests to joint the OSCE Mediterranean Partnership, subsequent chapters delve into the minute details of the major internal and external obstacles to peace-building and stabilization in Libya, addressing the role of regional, European and international actors involved in the country. A final chapter delivers a Russian viewpoint of these themes and traces Moscow’s evolving policy and interests in Libya while addressing the broader role of the OSCE in the Mediterranean.

The 1961 Vienna Convention on Diplomatic Relations has for over 50 years been central to diplomacy and applied to all forms of relations among sovereign States. Participation is almost universal. The rules giving special protection to ambassadors are the oldest established in international law and the Convention is respected almost everywhere. But understanding it as a living instrument requires knowledge of its background in customary international law, of the negotiating history which clarifies many of its terms and the subsequent practice of states and decisions of national courts which have resolved other ambiguities. Diplomatic Law provides this in-depth Commentary. The book is an essential guide to changing methods of modern diplomacy and shows how challenges to its regime of special protection for embassies and diplomats have been met and resolved. It is used by ministries of foreign affairs and cited by domestic courts world-wide. The book analyzes the reasons for the widespread observance of the Convention rules and why in the special case of communications - where there is flagrant violation of their special status - these reasons do not apply. It describes how abuse has been controlled and how the immunities in the Convention have survived onslaught by those claiming that they should give way to conflicting entitlements to access to justice and the desire to punish violators of human rights. It describes how the duty of diplomats not to interfere in the internal affairs of the host State is being narrowed in the face of the communal international responsibility to monitor and uphold human rights.

Diplomacy is used primarily to advance the interests of a state beyond its borders, within a set of global norms intended to assure a degree of international harmony. As a result of internal and international armed conflicts, the need to negotiate peace through an emerging system of international humanitarian and criminal law has required nations to use diplomacy to negotiate 'peace versus justice' trade-offs. Justice and Diplomacy is the product of a research project sponsored by the Academie Diplomatique Internationale and the International Bar Association, and focuses on specific moments of collision or contradiction in diplomatic and judicial processes during the humanitarian crises in Bosnia, Rwanda, Kosovo, Darfur, and Libya. The five case studies present critical issues at the intersection of justice and diplomacy, including the role of timing, signalling, legal terminology, accountability, and compliance. Each case study focuses on a specific moment and dynamic, highlighting the key issues and lessons learned.

This timely Research Handbook examines the dynamic and interdependent relationship between law and diplomacy in the contemporary international system. Through accounts of the actual practice of international law and diplomacy, it provides insights into how international law and relations operate and examines the complex relationship.