S/RES/1973 starts recalling S/RES/1970 and stating that there has been a failure by the Libyan authorities to comply with the previous resolution. The new resolution puts forward that “Expressing grave concern at the deteriorating situation, the escalation of violence, and the heavy civilian casualties”, which is the underlining motive to bring the concept of responsibility to protect to call for action in that country. The preamble is filled with harsher condemnations that S/RES/1970, in the sense that the tone is heavier, as it meshes elements from the previous resolution with new expressions to show the disapproval in the loss of civilian life. The preamble takes note of two important elements that will be present in the body of the resolution. The first one is the call for the imposition of a no-fly zone to be imposed in Libya made by the Council of the League of Arab States. The second one is the call made by the UN Secretary-General for an immediate cease-fire. Both those elements will be part of the operative clauses and crucial as new provisions of S/RES/1973.
Still in the preamble, there is a recall of the previous decision of the Council to refer the situation to the ICC. There is also a recall of the concern with the struggles of refugees and foreign workers that are facing problems to leave the country that is being torn by conflict. In this fashion it also express concern with the safety of foreign nationals that are inside the borders of Libya. The preamble continues stating that they are considering a ban on all flights in the airspace of that country and also express that it deplores the continuing use of mercenaries by Libyan authorities. To round out the preamble they welcome the appointment of a Special Envoy of the Secretary-General to Libya and his efforts to advance a solution to the conflict; they also reaffirm their commitment to Libyan sovereignty while expressing that the situation on the ground is a threat to international peace and security. As it is the case in S/RES/1970, this resolution is also acting under the Chapter VII of the Charter.
When it comes to the operative clauses, the first concern is with calling the immediate establishment of a cease-fire and complete end to violence against civilians. Afterwards, they call to intensify the efforts to find a solution to the crisis and also note the decision to send the Special Envoy to Libya. Going further, they demand that the Libyan authorities comply with their obligations under international law when it comes to basic human rights protection. This preoccupation moves to the next section of the resolution, which is the protection of civilians. The resolution authorizes Member States to act in cooperation with the Secretary-General to take all necessary measures to protect civilians and civilian populates areas under threat of attack. Operative clause number four, one of the most important at S/RES/1970 and S/RES/1973, also exclude the possibility of a foreign occupation force and requests that any Member States that take action ought to immediately report those measures to the Secretary-General. In the same section it also recognizes the role of the League of Arab States close to the elements expressed in Chapter VIII of the Charter that call attention to the role of regional and thematic organizations while implementing measures to protect civilians.
The operative clauses move on to discuss a new section, concerned with the no fly zone that is to be established in the airspace of Libya, calling for a ban on all flights in order to help protect civilians. Clause seven calls for an exception to be made when they flights are humanitarian in purpose and/or for the benefit of the Libyan people. Afterwards, S/RES/1973 authorizes “Member States that have notified the Secretary-General and the Secretary-General of the League of Arab States, acting nationally or through regional organizations or arrangements, to take all necessary measures to enforce compliance with the ban on flights”. This portion being one that enables countries to actual make use of force to enforce the responsibility to protect that is considered one of the reasons to act. When dealing with the no fly zone, the resolution also calls on Member States to provide assistance on the implementation of the zone and for it, they ought to work work with cooperation with other countries and with the Secretary-General. There is also a request that measures taken related to the no fly zone have to be informed to the UN Secretary-General, to the Secretary-General of the League of Arab States and also the Security Council. Additionally, when it comes to the Council the States have to report within seven days and afterwards report every month on the implementation of no fly zone and violations that might take place.
After discussing the no fly zone, the resolution moves to a section that deals with the enforcement of the arms embargo that was called upon on S/RES/1970. For that reason, the replaced the structure of the embargo with different wording to address the issue of the usage of mercenaries in Libya by the government. The elements of coordination and reporting that call for immediate reporting with the relevant details on the actions taken related to the arms embargo. The section on arms embargo gives leeway to the discussion on the ban on flights, close to the elements described on S/RES/1970, with the additions that all States shall deny permission to take off, land or overfly any aircraft registered in Libya, unless authorized by the Committee that deals with this sanctions. It also calls for stopping aircrafts if they are information that it might contain arms. The discussion on asset freeze does not include much novelty from the provisions given in the previous resolution. There are two different elements that are worth pointing out. One is that there is an additional call for States to ensure that their nationals and entities do not transfer or utilizes funds for the benefit of Libyan authorities that are listed in the annexes of both resolutions. Secondly, it calls on States to require their nationals to be vigilant when doing business with Libyan entities or entities subject to Libyan jurisdiction. The section on designations serve to formally expand the sanctions to with the entities and individuals listed on S/RES/1970 are subject and to include the new provisions of S/RES/1973 be applied to all the names.
S/RES/1973 still addresses the formation of the Panel of Experts that is to be creates to assist in consultation with the Sanctions Committee for an initial period of an year. The panel is to be composed by eight members that ought to work with information from the States related to the implementation of S/RES/1970 and also make recommendation on actions that the Council, the Committee or a State may consider to deal with implementation of the measures. The panel is also responsible for a interim report no latter than ninety days and a final report no later than thirty days before the termination of the mandate. The resolution also calls all States and other interested parties to cooperate with the Committee and the Panel Experts, mainly when it comes to supplying information regarding the measures. The resolutions finishes asserting that the United Nations will keep the actions of the Libyan authorities under continuous review to assess the success of the measures of both S/RES/1970 and S/RES/1973. As in the case of the previous resolution, they decide to remain actively seized of the matter.
All in all, S/RES/1973 gives a bigger possibility of movement and operations for Member States willing to enforce the responsibility to protect Libyan population. Nonetheless, the very bigger possibilities of action are met by constraints to action, when it comes to reporting and coordination. The requirements for coordination and reporting seem daunting in the paper because it involves so many different international actors, such as the Secretary-General of the UN and of the Arab League, the UNSC and the Member States acting, to name the main ones. The possibility of leaking military sensitive information can prevent any rapid activity necessary on the ground. The permission of action on the no fly zone comes attached with several constraints that hinder the effectiveness of the operation.
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