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Let Gaddafi be
Published in Al-Ahram Weekly on 08 - 09 - 2011

While the fall of Gaddafi has opened up new perspectives for Libya, it also represents a particular challenge for the rebel Libyan National Transitional Council, writes Nath Aldalala'a from London
United Nations Security Council Resolution 1973 granted NATO the right to intervene in Libya in order to protect civilians from former Libyan leader 's allegedly brutal fist. A consequence of the NATO campaign in Libya is that his regime has fallen, but that he is still on the run. The coming weeks will determine the nature of Libya's immediate future.
The situation will be influenced by a number of possible scenarios, including whether Gaddafi is captured and handed over to the International Criminal Court (ICC) in The Hague, whether he is killed during the remaining battles, or whether he remains on the run. Calls for the capture of Gaddafi, or for him to be killed, have grown louder during the frenzy that has accompanied attempts to invent a new Libya.
Yet, while the killing or capture of Gaddafi and his sons, and in the case of the latter their subsequent appearance at the ICC, might indeed serve justice for some, it will not bring about peace in the country. On the contrary, amongst a good proportion of the Libyan population it will create deep ill feeling towards the National Transitional Council (NTC) and those western countries that have intervened in the conflict. This contention is based on the premise that in Libya and in the wider Arab world there is little respect for or acknowledgement of the ICC: for example, no one was brought to justice after the Jenin massacre in 2002 or the Gaza massacre in 2009.
Resolution 1973 was passed in order to institute a no-fly zone in Libya, that is, to enforce peace rather than to trigger war. The effectiveness of the NATO intervention so far may be seen as satisfactory, especially if the intervening powers, along with the NTC, are able to provide a solution that dignifies all the parties involved, including any transitional government.
When the Prophet Mohamed entered Mecca in 630 CE with his army of 10,000 men, the Quraysh were defeated and Meccans were ready either for carnage or for lasting peace. Mohamed enquired: "O Quraysh, what do you think I am going to do to you?" His message to the people was: "God forgives you, and He is the Most Merciful of the merciful. Go: you are free." This generosity shown by the Prophet changed the history of Islam, and it stands as a hallmark of the munificence that has become a lasting signature of Arab society.
This example should be followed in a nation that prides itself on being based on Islamic values.
In March, it was reported that Gaddafi had made a proposal to the NTC seeking an agreement that would allow him to step down. He wanted guarantees of personal safety for himself and his family, with further assurances that they would not be put on trial. According to sources quoted by the television channel Al-Jazeera, the NTC told the channel's correspondent in Benghazi that the offer had been rejected because it would have amounted to an "honourable" exit for Gaddafi and this would be offensive to his victims.
However, questions of honour are not so easily brushed aside. Many Arabs, while denouncing Gaddafi and passionate in their desire for his demise, perceive the actions taken by the Libyan rebels as being in response to the dictates of western governments. Thus, an honourable act by the NTC would be to preserve the dignity, not of Gaddafi himself, but of the tribe from which he descends. This in turn would spare Libya years of vengeance and future fissures among its people.
What Libya needs at this stage is the restoration of national unity, which will certainly be jeopardised by the consequences either of Gaddafi being killed, or his being handed over to the ICC. The scenario in which Gaddafi is allowed to go would not have a severe effect on national security, but it would demonstrate that the NTC is not concerned with seeking revenge. Besides that, it could allow the NTC to demonstrate its independence from western powers, which are engaged in a witch-hunt for Gaddafi.
After the fall of Tripoli, there seem to have been new calls from Gaddafi to negotiate the transfer of power. These are, as British foreign secretary William Hague put it, "delusional", but they also represent a golden opportunity for restoring peace and calm to the country.
Gaddafi fears being sent to the ICC, which would reduce his legacy to that of a criminal, something he would wish to avoid at all costs. So, while his offer of a transfer of power might seem delusional, it actually demonstrates that he retains a sense of his own survival. Having ruled Libya for such a long time, he must have a modicum of intelligence. To think otherwise would reflect badly on the people he governed.
It is impressive that after all the years of being identified by the world as a terrorist, Gaddafi managed to host French president Nicolas Sarkozy on a visit to Tripoli in 2007. In 2008, the Italian prime minister Silvio Berlusconi signed a landmark cooperation treaty with Gaddafi in Benghazi. In the same year, a meeting with former US secretary of state Condoleezza Rice took place, which was followed by former US president George W. Bush signing Executive Order 13477, which restored the Libyan government's immunity from terrorism-related lawsuits and dismissed pending compensation cases in the United States.
Also in 2009, Gaddafi visited Rome for a meeting with Berlusconi and the Italian president Giorgio Napolitano. He participated in the G8 summit meeting, and during the visit was seated next to Berlusconi at a dinner hosted by the Italian president. US president Barack Obama also shook hands with Gaddafi during that visit, and Gaddafi then went on to meet US senators John McCain and Joe Lieberman in 2009. He received Russian Prime Minister Vladimir Putin in Tripoli in April 2008, and in October of the same year he was a guest of the Russian president, Dmitri Medvedev.
This list of receptions and invitations testifies to the fact that Gaddafi was able to manoeuvre a significant position for himself in international affairs, one far beyond that of a man who had taken leave of his senses. At this juncture, his humiliating defeat has now been brought about, but any further humiliation would be a dishonour to his tribe and to his supporters, who are certainly going to surface after the current storm has died down. The NTC should work to avoid this, if it is serious about the harmony of a future Libya.
Therefore, while recognising that there is an urgent need to restore normality in the capital and other cities throughout the country, it is also imperative to establish a spirit of clemency and moderation amongst the Libyan people, even if this might sound like wishful thinking in the current situation, especially when one hears the sentiments being put out by the NTC and western diplomats.
In a recent interview, Hague stated that "a transition of power is already taking place. The NTC ministers are in Tripoli and in increasing control of the situation. What is needed from the remnants of the Gaddafi regime is the fighting to stop." Hague repeatedly stressed that the fate of Gaddafi was a matter that should be left to the Libyan people.
Guma Al-Gamaty, UK coordinator of the NTC, confirmed that "the only negotiation is how to apprehend Gaddafi, to tell us where he is and what conditions he wants for his apprehension: whether he wants to be kept in a single cell or shared cell, or whether he wants to have his own shower or not, you know. These are the kind of negotiations we are willing to talk about." Such pronouncements do not show the necessary sensitivity or measured response to an already difficult situation. They were made in a sarcastic tone not much different from that used by Gaddafi himself when he called Libyan protesters "rats and drug addicts."
Today's heroic rebels could splinter into factions in the future, and these will then fight for a slice of the pie. Most of the rebels are former revolutionary committee members who have switched sides, and they are likely to change again. The Islamists Brigade refused to fight under the banner of the "infidels," and this is one group amongst many that will certainly demand an autonomous voice.
The endorsement by the NTC of a reward for Gaddafi made by an alleged Libyan businessman has also called the very nature of the NTC into question. It is becoming a cowboy government. However, the NTC still has a golden opportunity to grant an amnesty to Gaddafi and his followers, while at the same time consolidating the rule of law. This may not guarantee a smooth transitional period for Libya, but it is the only path that can alleviate future hostilities.


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