POMED NOTES: The Revolution and the Law in Libya

On Tuesday, the American University International Law Review hosted a symposium discussing “The Impact of the Arab Spring throughout the Middle East and Northern Africa: Building the Rule of Law and the Role of the International Community in Domestic Conflicts.” The third of a series of five consecutive lectures and featured the Honorable Ali Suleiman Aujali, Libyan ambassador in the United States. The Ambassador addressed Libyan challenges to build a law frame after 43 years of an authoritarian regime where there was no Constitution and where the legal structure was corrupted.

For full event notes, continue reading below or click here for the PDF

Ali Suleiman Aujali began the lecture by thanking the U.S, the North Atlantic Treaty Organization, the Arab League and the different actors that helped to overthrow former Libyan President Muammar Gadhafi. 4000 Libyans disappeared during the eight months of struggle that ended the regime.

Aujali explained that Gadhafi legal system excluded human rights and stripped citizens of basic freedom. Alternate political parties and activists were banned. Any critics against the regime, the ruler’s family members or its clan were strictly impermissible. In addition, the legal structure was corrupted; Aujali told that for $4000, one could change its date of birth. Aujali said that judgments were more the result of “exchanges of small papers during the trial” than the result of implementing the law.

Under Gadhafi, judges and lawyers were not protected and could hardly fight back against the regime because they could be severely chided or directly threatened. So, three choices were offered to the one who wanted to resist: leave the country, go to jail or help as much as they can.

In 2007, the Minter of Justice resigned on television, expressing his dissension with the regime legal system. Gadhafi waited for revenge against this public outrage; however the revolution would not let him to do so. In February 2011, the revolution began after citizens protested in front of Benghazi tribunal. The loyal forces to the regime responded back by killing 1260 persons in four hours.

Then, the Ambassador asked “How to strengthen the legal system in Libya?” He pointed out few priorities:

- Provide the means and economic support for the legal system

- Facilitate the merge of a vibrant civil society. It didn’t exist under former regime, except organizations linked to the Gadhafi’s family.

-Enforce freedom of speech and diversity of media sources

- Determination from the National Transitional Council (NTC) to impose the rule of law. Aujali believed “that Gadhafi’s have to be brought to court”

- Train professionals related to law but also the civil servants in general

- Education, including “teaching duties”

- Launch a dialogue with tribal leaders as “the army or militias will not solve potential conflicts”

Aujali affirmed the NTC’s determination to leadLibyathrough credible elections but admitted that they faced important challenges. The June elections will call Libyans to vote for a Constitutional parliament, after 43 years of living without a constitution. The Libyan people’s expectations are high in term of political rights and term of economic improvements. Aujali admitted that the government does not have the capacity to meet every demand. Libya still has to face the remnants of the Gadhafi regime attempting to weaken the country thanks to their important assets. Libya has to establish order and the NTC must limit the spread of weapons in the country.

The Ambassador called for foreign support, not only from international organizations but also from the private sectors and universities. He admitted that the NTC may make mistakes and agreed that foreign observers should address them, but also encourage Libya on the path to freedom and to achieve the Revolution’s goals.

Aujali concluded with his belief that reconciliation will come in aLibyadivided for decades by a ruthless regime and months of revolution. He called for the rise of human rights activists in the country, the need for their training and asserted that the NTC would welcome foreign NGOs for the benefit of Libyan’s people.