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The authors would like to thank Theodore Christakis, Cecilie Hellestveit, Kjetil Mujezinovic Larsen, Gro Nystuen, Matthew Saul, Andreas Zimmermann and the anonymous referees of ICLQ for valuable comments.
I.
INTRODUCTION
The peaceful protests against the 42-year-old rule of Qaddafi started on 15 February 2011 when Libyans in the city of Benghazi gathered in demonstration against the arrest of a human rights campaigner. On 17 February, known as Libya's 'Day of Rage', Libyans in a number of towns and cities demonstrated for democratic change and respect for human rights.1The unarmed protesters were met with violent crackdowns by the Libyan authorities and the situation in Libya rapidly turned into a mass revolt.2
Within a few weeks, the demonstrators started an armed rebellion, gained control of several towns and cities and established a Transitional National Council. Government forces quickly responded, pushing the rebels back and retaking control of many of the areas previously under rebel control.3The UN Office of the High Commissioner for Human Rights (OHCHR) reported about ill-treatment, beatings, injuries, rapes, torture, killings, enforced disappearances and arbitrary arrests of protesters including lawyers, human rights defenders and journalists.4Reports further said that Libyan forces fired at random on protesters and bystanders from rooftops and tanks and used warplanes and helicopters to strike at demonstrators.5The Libyan authorities also used foreign mercenaries and there was a massive passage of weapons to Libyan territory.6The Libyan government moreover attempted to restrict the broadcasting of the situation in the country by cutting off landlines and internet access and by restricting media coverage.7
Condemnations of the violent suppression by the Qaddafi regime mounted from both the UN and regional organizations, including the African Union, the Arab League, the Gulf Cooperation Council and the Organization of the Islamic Conference. On 22 February 2011 the UN High Commissioner for Human Rights,8Navi Pillay, called for an immediate cessation of the human rights violations committed by Libyan authorities.9On the same day the Arab League decided to suspend Libya from the organization,10the UN Security Council issued a statement urging the Libyan authorities to 'meet its responsibility to protect its population'11and the Organization...