Libya: Transition and U.S. Policy

Christopher M. Blanchard
Analyst in Middle Eastern Affairs

After more than 40 years of authoritarian repression and eight months of armed conflict, fundamental political change has come to Libya. The killing of Muammar al Qadhafi on October 20 and the declaration of Libya’s liberation by the interim Transitional National Council on October 23 marked the end of the Libyan people’s armed revolt and the formal beginning of the country’s transition to a new political order. Overcoming the legacy of Qadhafi’s rule and the effects of the recent fighting is now the principal challenge for the Libyan people, the TNC, and the international community. The transition period may prove to be as complex and challenging for Libyans and their international counterparts as the recent conflict. Immediate tasks include establishing and maintaining security, preventing criminality and reprisals, restarting Libya’s economy, and taking the first steps in a planned transition to democratic governance. In the coming weeks and months, Libyans will face key questions about basic terms for transitional justice, a new constitutional order, political participation, and Libyan foreign policy. Security challenges, significant investment needs, and vigorous political debates are now emerging.

Operation Unified Protector, the North Atlantic Treaty Organization (NATO) military operation to enforce the United Nations (U.N.) mandated no-fly zone and civilian protection mission, ended on October 31, in line with Security Council Resolution 2016. The proliferation of military weaponry from unsecured Libyan stockpiles—including small arms, explosives, and shoulderfired anti-aircraft missiles—remains a serious concern in Libya and in neighboring countries, and the Security Council adopted Resolution 2017 to deal specifically with that threat. The Obama Administration is implementing a program with the TNC to retrieve and disable certain types of weapons, including shoulder-fired surface to air missiles. U.S. officials have stated that nuclear materials and chemical weapons components (including newly discovered/previously undeclared chemical weapons) remain secure. Libyan officials have reengaged with international monitors. The U.S. Embassy in Tripoli has reopened with a limited staff. Congress may consider proposals for assisting Libya’s transitional authorities.

The U.N. General Assembly has recognized the TNC as Libya’s U.N. representative, and the Security Council has extended the mandate to March 2012 for the U.N. Support Mission in Libya (UNSMIL) to assist Libyans with public security and transition arrangements. Resolutions 2009 and 2016 also set conditions for the sale of arms and training to the Libyan government and partially lift the U.N. mandated asset freeze for certain purposes. The TNC continues to call for the release of Libyan assets seized pursuant to Resolutions 1970 and 1973. Transfers of assets have begun from multiple governments, including $1.5 billion in previously blocked assets that the U.S. government has arranged to support Libyan humanitarian, fuel, and salary needs. U.S. Treasury Department licenses now authorize the release of assets belonging to some Libyan entities and allow new transactions with some Libyan state institutions, including oil companies.

A TNC stabilization team is leading Libyan efforts to deliver services; assess reconstruction needs; and begin to reform ministries, public utilities, and security forces. The TNC has issued orders concerning security and established a high security council to coordinate militia forces. Initial reports from Libya suggest that local militias and some emergent political groups may oppose certain TNC policies and seek to maintain their armed status during the transition period. In spite of sporadic low-level conflict and serious government capacity gaps, TNC officials remain confident in Libyan unity, and Interim Prime Minister Abderrahim al Kib swore in an interim government on November 24. As Libyans work to shape their future, Congress and the Administration have the first opportunity to fully redefine U.S.-Libyan relations since the 1960s.


Date of Report: December 8, 2011
Number of Pages: 26
Order Number: RL33142
Price: $29.95

Follow us on TWITTER at http://www.twitter.com/alertsPHP or #CRSreports

Document available via e-mail as a pdf file or in paper form.
To order, e-mail Penny Hill Press or call us at 301-253-0881. Provide a Visa, MasterCard, American Express, or Discover card number, expiration date, and name on the card. Indicate whether you want e-mail or postal delivery. Phone orders are preferred and receive priority processing.