The legality of NATO's pursuit of regime change in Libya

Abstract

ABSTRACT This article examines the legality of NATO's pursuit of regime change in Libya as a means of enforcing UN Security Council (UNSC) Resolution 1973, which, while invoking the ‘responsibility to protect (R2P) doctrine, authorised ‘all necessary measures’ to protect civilians. Following an examination of the powers and limitations of the UNSC, the article employs the rules of interpretation of UNSC resolutions to evaluate whether NATO's pursuit of regime change was compatible with the ordinary meaning, object and purpose and supplementary materials pertaining to Resolution 1973. It concludes that while regime change in Libya could be reconciled with the Resolution's ordinary meaning and object and purpose, it was not supported by supplementary means of interpretation, most notably statements made by states over the course of its adoption. This reveals a need for further discussion regarding the existing or ideal relationship between regime change, UNSC Chapter VII mandates and R2P.