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State Department: Arming Libyan opposition would be ‘illegal’

The State Department believes that supplying any arms to the Libyan opposition to support its struggle against Col. Muammar al-Qaddafi would be illegal at the current time. "It’s very simple. In the U.N. Security Council resolution passed on Libya, there is an arms embargo that affects Libya, which means it’s a violation for any country ...

By Josh Rogin

March 8, 2011, 11:29 AM

The State Department believes that supplying any arms to the Libyan opposition to support its struggle against Col. Muammar al-Qaddafi would be illegal at the current time.

"It’s very simple. In the U.N. Security Council resolution passed on Libya, there is an arms embargo that affects Libya, which means it’s a violation for any country to provide arms to anyone in Libya," State Department spokesman P.J. Crowley said on Monday.

Crowley denied reports that the United States had asked Saudi Arabia to provide weapons to the Libyan opposition, and also denied that the United States would arm opposition groups absent explicit international authorization.

Pressed by reporters to clarify whether the Obama administration had any plans to give arms to any of the rebel groups in Libya, Crowley said no.

"It would be illegal for the United States to do that," he said. "It’s not a legal option."

Crowley’s blanket statement seemed to go further than comments on Monday by White House spokesman Jay Carney, who said, "On the issue of … arming, providing weapons, it is one of the range of options that is being considered."

Crowley maintained that U.N. Security Council Resolution 1970, which imposed international sanctions on Libya that included an arms embargo, applied to both the Qaddafi regime and the rebel groups.

"It’s not on the government of Libya: It’s on Libya," he said.

Britain and France are drafting a new Security Council resolution that would authorize a no-fly zone over Libya. The United States still might support such a resolution, but U.S. Ambassador to NATO Ivo Daalder argued on Monday that a no-fly zone wouldn’t likely do much to protect Libyan civilians anyway.

The United States and its international partners have been reaching out to the Libyan opposition, with some mixed results, but the State Department still has not officially withdrawn its recognition of the Qaddafi regime despite President Barack Obama’s public call for him to step down.

"As we’ve said, we think that the Qaddafi regime, having turned its weapons on its people, has lost its legitimacy," Crowley noted. "But as I said last week, there are also legal issues involved in recognizing or de-recognizing governments."

UPDATE: Sens. John McCain (R-AZ) and Joe Lieberman (I-CT) issued a statement Tuesday evening refuting Crowley’s claim that arming the Libyan opposition is "illegal" under U.N. Security Council Resolution 1970:

Earlier today, the spokesperson of the U.S. Department of State said that, because of the arms embargo imposed by UN Security Council Resolution 1970, it would be ‘illegal’ for the United States or any other country to provide military assistance to the opposition forces fighting for their survival against a brutal dictatorship in Libya. In fact, the text of the UN resolution does not impose an arms embargo on ‘Libya,’ but rather on the ‘Libyan Arab Jamahiriya,’ which is the self-proclaimed name of Qaddafi’s regime. We believe this language should be construed narrowly in order to hold open the possibility of providing military aid to the opposition, which presumably does not consider itself part of the ‘Libyan Arab Jamahiriya.’

The President has consistently and correctly said that ‘all options are on the table’ in Libya. If the State Department’s statement today is correct, however, it means one of the most effective options to help the Libyan people has been taken off the table. We urge the Administration to clarify its position on this important issue.

Josh Rogin covers national security and foreign policy and writes the daily Web column The Cable. His column appears bi-weekly in the print edition of The Washington Post. He can be reached for comments or tips at josh.rogin@foreignpolicy.com.

Previously, Josh covered defense and foreign policy as a staff writer for Congressional Quarterly, writing extensively on Iraq, Afghanistan, Guantánamo Bay, U.S.-Asia relations, defense budgeting and appropriations, and the defense lobbying and contracting industries. Prior to that, he covered military modernization, cyber warfare, space, and missile defense for Federal Computer Week Magazine. He has also served as Pentagon Staff Reporter for the Asahi Shimbun, Japan's leading daily newspaper, in its Washington, D.C., bureau, where he reported on U.S.-Japan relations, Chinese military modernization, the North Korean nuclear crisis, and more.

A graduate of George Washington University's Elliott School of International Affairs, Josh lived in Yokohama, Japan, and studied at Tokyo's Sophia University. He speaks conversational Japanese and has reported from the region. He has also worked at the House International Relations Committee, the Embassy of Japan, and the Brookings Institution.

Josh's reporting has been featured on CNN, MSNBC, C-Span, CBS, ABC, NPR, WTOP, and several other outlets. He was a 2008-2009 National Press Foundation's Paul Miller Washington Reporting Fellow, 2009 military reporting fellow with the Knight Center for Specialized Journalism and the 2011 recipient of the InterAction Award for Excellence in International Reporting. He hails from Philadelphia and lives in Washington, D.C. Twitter: @joshrogin

Tags: Africa, Barack Obama, Foreign & Public Diplomacy, Libya, Middle East and North Africa, U.S. Congress, U.S. Foreign Policy, U.S. State Department

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