Even as CIA-Linked General Haftar continues bombings UN attempts to form unity government

CIA-linked General Haftar continues his bombing of what he considers military sites in western Libya in areas controlled by the rival Tripoli government. His attacks have the support of the internationally recognized government in Tobruk.

The United Nations Support Mission in Libya(UNSMIL) through its special envoy Bernardino Leon is attempting to hold more talks with "various stakeholders" in order to promote dialogue and end the fighting. Leon has been holding talks trying to convince both sides the Islamist-backed Tripoli government and the elected Tobruk government in the far east of Libya to form a unity government. This government could rule until the drafting of the new constitution, a referendum on that and then subsequent elections. Both sides accept the committee that is drafting the constitution. The new round of talks is to be held on December 9th.
The UN announcement does not say who the stakeholders are who will take part in the dialogue. The Tripoli government under prime minister Omar al-Hassi supports dialogue, although he has warned that with continued attacks by Haftar and actions of the Tobruk government, the country could break up. Earlier talks were virtually useless since they did not involve anyone from the Tripoli government, only elected parliamentarians who refused to go to Tobruk. At that time, the stress was all on the fact that the Tobruk government was the only legitimate government and needed to be strengthened. Since that time on November 6, the Libyan Supreme Court ruled that the June elections were unconstitutional and that the Tobruk government should be dissolved. At the time, the UN issued a statement saying that it was studying the ruling. The Tobruk government summarily dismissed the ruling.
Since November 6th the UN has studiously avoided even mentioning the ruling let alone saying anything about what the results of its prolonged study have been. The ruling has led the UN to extend the stakeholders to individuals associated with the Tripoli government although it has refused to provide them with any titles while still calling Abdullah al-Thinni of the Tobruk government as the prime minister of Libya. The most recent statement manages to even avoid talking of a Libyan government period. There are only "stakeholders" and "actors' and "parties." The UN statements for the most part avoid providing specific information on much of anything. They are filled with very general anodyne rhetoric and describe the situation in a manner that has virtually no relation to reality at times.
 For example, the recent statement says: There is agreement among the various Libyan actors that the way forward is to hold an inclusive political dialogue to tackle the crisis with a view to end the fighting and alleviate the suffering of the civilian population, ensure the political transition process is back on track and safeguard Libya's sovereignty, unity and territorial integrity. One of the actors, CIA-linked Khalifa Haftar, has been engaged in battle since last Spring on May 16 when he launched Operation Dignity. As part of the operation, he not only attacked Islamist bases in Benghazi but also through his allies the Zintan Brigades attacked the parliament, and burned and sacked it. Since that time he has together with the help of foreign countries, likely Egypt and the UAE, bombed Tripoli at least three times in August. Just recently there were two attacks on the one remaining functioning airport in Tripoli as shown on the appended video. Again, Haftar took responsibility for the attacks.
 Far from suggesting there be dialogue Haftar has boasted about his military plans: Libyan general Khalifa Haftar said on Friday he has given himself two weeks to take control of Benghazi and three months to capture the capital Tripoli. Haftar independently launched attacks on militias in the eastern city of Benghazi beginning in May but was recently reintegrated to the Libyan army by the House of Representatives (HoR). Haftar's actions hardly show any agreement among the "actors" that there should be dialogue and an end to the fighting except when he wins. He continues with attempts to retake Benghazi and also a new bombing on a warehouse and factory that killed eight people and wounded 24 in the city of Zwara, 110 km west of Tripoli the capital. A security spokesperson in Zwara said the one warehouse hit was used to store food and the other was a chemical factory. A spokesperson for the Tobruk government army said the building were arms depots used by "terrorists". The media center for the town reported that two Libyans and six African workers were killed.
If Gadaffi had bombed "his own people" who were rebelling in this way all the western nations would be up in arms. With the bombing led by a former CIA asset who is out to defeat Islamists and has strong support from President al-Sisi of Egypt next door, there is no sense of outrage at all. Haftar and the Tobruk government have turned the UN dialogue into a laughing-stock and thumbed their nose at the UN and its demands to stop fighting. Finally, Ministers of Foreign Affairs from France, Germany, Italy, Spain and the UK, the US Secretary of State, the EU High Representative for Foreign Affairs and Security Policy together with the UN Under-Secretary-General for Political Affairs issued a statement after a meeting in Brussels to assess the situation in Libya:They expressed grave concern over the deteriorating situation in Libya and welcomed the announcement by the Special Representative of the UN Secretary General, Bernardino Leon, that he will convene on December 9 a new round of talks bringing together key Libyans. They also welcomed the positive reactions of the parties and urged them to participate constructively and without any conditions in this process, which represents the most viable path for Libya to chart its own future. They strongly endorsed the UN's efforts to work with key stakeholders to build a national unity government for Libya, and committed themselves to support such a government. They strongly condemned recent violence, including air strikes, which undermines the prospects for a negotiated settlement, and highlighted the terrible suffering for all in Libya caused by the continued violence. France, Germany, Italy, Spain, the United Kingdom, the United States, the EU and the UN reiterated their calls for an immediate cessation of hostilities and underscored their willingness, if key stakeholders fail to participate in the UN-led process, to consider additional measures to protect Libya's unity, stability and prosperity, and to counter expanding terrorist threats to Libya and the region.
As with the UN statement there is no mention of the Libyan government, just unidentified stakeholders and parties.This statement also makes no reference whatsoever to the decision of the Libyan Supreme Court that the Tobruk government should be dissolved. The statement also welcomes the positive reaction of the parties to the process suggested by Leon, even though one party, the Tobruk government, and another, Khalifa Haftar, have vowed to carry on fighting. The statement condemns violence "including air-strikes" but fails to mention who is carrying them out and how such an "actor", "party" or "stakeholder" can be having a positive reaction to dialogue and the formation of a unity government through a political solution to the crisis.
 Notice that if the key stakeholders do not participate in the UN sponsored dialogue the signatories do not suggest punishing Haftar and the Tobruk government but rather additional measures to "counter expanding terrorist threats to Libya and the region." But that is exactly what Haftar wants to do according to him.

Even UN expresses concern about Tripoli bombings by General Haftar

UN special envoy to Libya Bernardino Leon has been trying his best to persuade the parties in conflict to stop fighting and engage in dialogue. He has stressed that there can only be a political solution to the Libyan conflict.

While the groups of militia opposed to the government still are in conflict in some areas, the capital Tripoli is free of fighting for the most part and Benghazi was also under control of anti-Tobruk government forces until recently. In spite of the UN's pleading to stop fighting CIA-linked General Haftar and his militia launched an operation that is intended to retake Benghazi. This operation was apparently aided by planes that probably came from Egypt . Some claim they were piloted by Libyans allowing Egypt to deny that they were involved.
 On November 6th the Libyan Supreme Court ruled that the June elections were unconstitutional and that the Tobruk government should be dissolved. The UN said it was studying the decision. Apparently it is still studying the decision. It makes no reference to it that I have seen in recent statements including the one made about a phone call to Al Thinni who still is called the "prime minister". The UN statement reports on a phone conversation of Special Representative(SRSG) for Libya, Bernardino Leon with "PM Abdullah al-Thinni": 25 November 2014 -Against the backdrop of the dangerous escalation in military operations in Libya and on-going UN mediation efforts to contain the situation, on 25 November SRSG Leon spoke by phone to Prime Minister Abdullah al-Thinni, Head of Libya’s interim government. The two discussed possible options for ending armed hostilities, including a cessation of aerial attacks against Mitiga Airport in Tripoli, and other areas in western Libya. Leon said that the latest military developments would complicate the overall situation in Libya and undermine efforts to resolve the conflict through peaceful means. Given the actions of General Haftar with the blessing of the Tobruk government, it is clear that the Tobruk government is simply thumbing its nose at the UN.
 The UN has no power to force Haftar to stop fighting those opposed to the government and he has no intention of doing so. Leon stressed to al-Thinni that he intended to press ahead with mediation efforts and hold a new round of talks in Ghadames. Earlier talks were only with elected members of the Tobruk House of Representatives who had boycotted the parliament. Leon stressed then that the Tobruk government was the only legitimate one. Since the Supreme Court ruling Leon has met with people associated with the competing government. The UN, even though it names some of the figures, refuses to give them any official title. Even since the Supreme Court announcement the language of the UN gives legitimacy only to the Tobruk government calling al-Thinni the prime minister of Libya.
 Leon insisted: " Building on the dialogue initiative launched in Ghadames on 29 September, the new round would bring together all the major stakeholders with the aim of forging consensus on ending the current state of polarisation and division affecting the State and its institutions." The Ghadames dialogue got nowhere and did nothing to stop the fighting. The one positive move that worked was the negotiation of a twelve hour cease fire in Benghazi. Leon briefed al-Thinni on his meeting with other parties. Al-Thinni outlined conditions for the success of any dialogue. The UN statement says nothing about what those are.
The final paragraph well expresses the complete divorce between what the UN-recognized government is doing and what it claims to be doing: SRSG Leon welcomed the Interim Government’s commitment to dialogue and to work on ensuring conducive conditions for a new round of talks to convene at the earliest opportunity. Both agreed to remain in close touch and to remain closely engaged on this issue. This is the same government that supports the Haftar campaign in Benghazi and gave him the green light to liberate Tripoli. The UN refuses to address issues such as this.
 Meanwhile, a court in Tripoli issued an arrest warrant for General Haftar as a response to his bombing attacks on the Mitiga airport. Even Ban Ki-Moon called for the air strikes to stop and as indicated in the UN statement urged all sides to talk: "The only way to resolve the current crisis is through dialogue." The Tobruk government claims it was forced to strike Mitiga airport because it is controlled by a rival administration. Imagine the response if the al-Hassi government in Tripoli bombed Tobruk giving the same reason.
 The prime minister of the Tripoli government Omar al-Hassi said: "The national salvation government has always adopted the policy of peace, acceptance and dialogue. Yet now, we are forced by what's happened in Benghazi, Kalkla and Tripoli to embrace the policy of war and armed confrontation." The Tripoli government has urged a referendum on a new constitution being drafted and then elections. Both sides accept the committee drafting the constitution. The UN has yet to suggest elections and as some have suggested an interim unity government as a solution. The reason I think is clear. This is not acceptable to the Tobruk government.
 A local resident told Al Jazeera: "We woke up to find airplanes striking three times. They hit houses where families and women were staying. They had nothing to do with the airbase." That sounds as if the government is bombing its own people. Clear evidence of the destruction of homes is given in the appended video. Since the bombing is not done by Gadaffi but by a UN and internationally recognized government don't expect the west to intervene.
Haftar is out to rid Libya of Islamists and that is a popular theme next door in Egypt, and no doubt the US and many European countries would be happy to see Haftar be successful. However, many may be starting to doubt his abilities to rout his opposition.
 Haftar is no doubt amused by the arrest warrant. An arrest warrant was issued ages ago against him after his first attempt at a coup early this year. The warrant was in effect when Al-Thinni the prime minister of the Tobruk government was also prime minister of Libya then. Now Al-Thinni is in Tobruk urging Haftar on.

Unidentified jets attack Tripoli airport in Libya twice in two days

If an unidentified jet bombed an international airport in Jerusalem or even Kiev it would be headline news. In Tripoli, the capital of Libya, however unidentified bombings have happened several times. No one even expresses surprise let alone outrage.

Back in August there were a series of bombings by unidentified planes on Islamist positions in Tripoli. The planes were of a type that were not among the few planes that remain in Libya's air force after the west bombed Gadaffi's air force. Destruction of Gadaffi's air force was designed to avoid having any interference with the extensive bombing, that was supposed to protect the people from Gadaffi's forces. The recent Tripoli bombings were claimed to be a joint venture of CIA-linked General Khalifa Haftar and the international community according to the general himself. The rebels blamed Egypt and the UAE with the latter providing the planes and Egypt the air bases for the attacks. The silence of the international community was deafening until finally on August 25 2014 a New York Times article made a sort of unofficial statement: Twice in the last seven days, Egypt and the United Arab Emirates have secretly launched airstrikes against Islamist-allied militias battling for control of Tripoli, Libya, four senior American officials said, in a major escalation of a regional power struggle set off by Arab Spring revolts. The UAE and Egypt denied the charges. The US officials also claimed that they were not informed about the raids and that they regarded them as unproductive. The Islamist militias were not deterred from driving the Zintan brigades, allies of Haftar, out of Tripoli. Now it seems that someone is attempting the same game.
No doubt it is Haftar who was given the "green light" by the Libyan government to liberate both Benghazi in the east and the capital Tripoli from the control of rival groups, who have also set up their own rival government in Tripoli with their own prime minister Omar al-Hassi. The internationally recognized government is meeting in the far eastern city of Tobruk. It was supposed to move to Benghazi the beginning of August but met in Tobruk since Benghazi by that time was in control of an umbrella group of Islamists. The government now supports Haftar's Operation Dignity, directed against Islamists even though as part of that operation an earlier parliament was burned and ransacked. Hafter was then described as leading a coup and a warrant was out for his arrest. The present prime minister Al Thinni was prime minister then but listen to his change of tune: Prime Minister Abdullah al-Thani’s cabinet said in statement posted on Facebook that the armed forces have the green light to “liberate” Tripoli “and state institutions from the grip of armed groups.” The cabinet also urged Tripoli residents to launch “a civil disobedience campaign until the arrival of the army.”
 Egyptian planes were also reported to have been involved in attacks by Haftar on Benghazi beginning in October. The government at the time also reported that it supported Operation Dignity. Again Eygpt denies any involvement. However Egyptian president al-Sisi who led a coup that ousted former Muslim Brotherhood-supported President Morsi and declared the Islamists group terrorists has asked for foreign intervention: Egyptian President Abdel Fattah al-Sisi urged the United States and Europe on Thursday to help the Libyan army in its fight against Islamist militants now to save the country from requiring intervention on the scale of Iraq and Syria.
 The Libyan army is now hardly to be distinguished from Haftar's militia which he always called the new Libyan army. There are so far two separate attacks that targeted the Mitiga International airport, the only functioning airport in the capital. The airport is under control of the alternative government and protected by the Libya Dawn militia. The Libyan National Army declared airports at Tripoli and Misrata as "military zones". The first strike is reported by Al Jazeera. The second report of an attack today comes from Reuters: An armed group loyal to Libya's internationally-recognized government, which has transferred to the east of the country, claimed responsibility for the air strikes."We bombed the airport a second time," said Saqer al-Joroushi, head of the air force for the group, which is controlled by former general Khalifa Haftar.
The main international airport in Tripoli has been closed since July after battles between Haftar-allied Zintan brigades and Libya Dawn with the latter winning the battle. Somehow in recent reports on these conflicts there is no mention of the Libyan Suprerme Court ruling November 6, that declared the June elections unconstitutional and ordered the Tobruk government dissolved.
 The UN has been studying the decision and has asked that the parties not do anything to exacerbate the situation. The UN envoy is also meeting with parties on both sides to reach a political solution. The alternative government has suggested elections after a referendum on a new constitution. Western powers have been silent on the legitimacy issue since they are acting as if the Court had never made a ruling at all. Most international media narratives are following suit for some reason. The UN has asked that both sides refrain from any violence that would exacerbate the situation and make a political solution more difficult. The Tobruk government and Haftar have paid no attention to this demand in its attacks in Benghazi and now Tripoli.

Libyan Supreme Court decision could facilitate UN political dialogue

The Libyan Supreme Court well over a week ago ruled that the June elections in Libya were unconstitutional and that the House of Representatives now meeting in the eastern Libyan city of Tobruk should be dissolved.

The Supreme Court ruling complicates the situation in Libya. Up to now the UN and the international community has regarded the House of Representatives(HoR) meeting in Tobruk as the sole legitimate government of Libya, and its prime minister Abdullah Al-Thinni as the sole legitimate prime minister. The UN has been attempting to strengthen the role of the Tobruk government. The UN dialogue to reach a political deal involved elected members of the HoR, who had boycotted the meetings. The UN did not include the alternative government of Omar al-Hassi, which controls the capital Tripoli, nor any of its allies in the east such as the Shura Council in Benghazi. Nor did it apparently include talks with militia leaders on either side of the conflict.
 Jason Pack, Researcher of Middle Eastern History at Cambridge University has a long and very informative analysis of event in Libya. The article is worth reading in its entirety and can be found here. Pack believes that Libya should form a unity government composed of important figures from both sides of the conflict and he considers that the Supreme Court decision makes conditions for formation of such a government better than they were before the decision. The main reason for this is that the decision now makes consultation with political figures opposed to the Tobruk government necessary, since the claim that the Al-Thinni government is the sole legitimate government is now in question. Conditions on the ground should have made it clear that such negotiations were necessary all along and without it the previous negotiations were arguably an utter failure. After all, leaving out of negotiations a party that controls the two main cities and much of the territory of Libya while strengthening what is virtually a government in exile in the far eastern city of Tobruk does not make much sense in any practical terms.
Mohamed Eljahr of the Atlantic Council Rafik Hariri Center said: "The international community's next step is key. Despite the UNSMIL [United Nations Support Mission in Libya] statement that it is studying the Supreme Court's ruling with its international partners,.. the EU ambassadors to Libya met with the Minister of Health in al-Thinni's government in Tunis shortly after the ruling, suggesting it is business as usual with the Tobruk government".
 As far as I can determine the EU has not made any statement on the Supreme Court decision and I can find nothing from the U.S. either. The EU, as the quote indicates, appears to simply be ignoring the decision and continues to act as if nothing has happened. The UN response has been a bit more complex as discussed in my earlier article. The UN envoy Leon did meet with Nouri Abu Sahmein who is head of the GNC which appointed Omar Al-Hassi prime minister and who then formed the rival Libyan government. As the article points out, the UN does not even say who Sahmein is let alone saying what his position was. However, the same statement talks about Leon meeting prime minister Al-Thinni. While unwilling to even mention the General National Congress (GNC) at least the UN envoy did talk to an official of that body. Perhaps he will next meet with Omar al Hassi but not tell us who he is.
The UN and the international community show little sign of changing their relationships with the Tobruk government due to the Supreme Court decision. While the Supreme Court ruling was immediately rejected by the Tobruk government, it was welcomed by the Tripoli-based parliament and Omar Homaidan a spokesperson for the government suggested a positive solution to the political impasse." He said a possible way out of the crisis was to wait for a 60-member panel to finish writing Libya’s new constitution, then call a referendum on it and hold elections after that." This solution does not settle the question of who should rule up until that happens.
 Pack has a solution to that problem although he admits that the Supreme Court decision has the potential to produce even more divisions within Libya: Despite this new potential for division, all domestic and international actors should agree on the form of a 'National Unity' government incorporating all the major political factions (MLA, Muslim Brotherhood, HoR members, Liberal-leaning technocrats, Berbers/Amazigh, Federalists, key tribal leaders, Tebu, and Toureg). Such an agreement would bypass the need for each actor to definitively 'take sides' by choosing to recognise one governing body as opposed to the other. In the western media the narrative about the Libyan conflict is that it is between an Islamist bloc and their militia, and a secular bloc or at least those opposed to the Islamist role in politics lead by CIA-linked Khalifa Haftar and his allies whose Operation Dignity was directed against Islamists. His rhetoric and actions seem to be directed not only at violent jihadists but also the moderate Islamists who were a majority in the parliament his allies the Zintan brigades burned down. As Pack describes it: Haftar's binary approach was due partially to a misreading of the international scene and partially to international actors like the UAE, Qatar and the US wishing to see a binary narrative of events in Libya where they could 'easily understand' whose side to be on. Haftar concluded that the key to Western support was to claim to be fighting Islamists – of all stripes and of all backgrounds. In the first weeks of 'Operation Dignity', American Ambassador Deborah Jones stated "Haftar's enemies are our enemies." [45] This gaffe – which did not reflect any official US support of Haftar – dramatically encouraged his polarising tendencies as he concluded they would lead to greater Western and regional support. Pack, rightly in my opinion, rejects this binary narrative. He thinks that the situation is much more complex and less related to religion than other factors.
Religion is used by the parties involved for their own political purposes. Pack describes the so-called Islamist bloc as follows: The term 'Islamist bloc' is a misnomer. In reality, the so-called Islamist bloc incorporates the Misratan-led alliance (MLA), which dominates the West of the country, as well as Jihadist and Islamist fighters throughout the country's East and South. This bloc's only shared ideological ground does not pertain to a specific view of the role of Islam in governance, but rather to their opposition to former Gaddafi functionaries serving in positions of power. [8] This bloc is led by the umbrella group of militias termed Libya Dawn – a loose coalition of Misratan, Islamist, and Berber militias based in Libya's Northwest. Libya Dawn [9] was assembled in July 2014 to evict the anti-Islamist Zintani militias from Tripoli. As such, the so-called Islamist bloc can be said to exert a hegemony over most of Western Libya via Libya Dawn, as well as control Derna and parts of Benghazi via the more ideological Islamist militias in Libya's East. While Pack's suggestion that there should be a unity government until the constitution is written and voted on in a referendum followed by elections is certainly a good idea, the chances of such a government actually coming into being seems to be slim.
Pack himself describes the situation which might make this difficult: Starting in October 2014, Haftar and the Zintanis began referring to themselves as components of Libya's official army and claiming to follow orders from a unified central command. By the start of November, Haftar's counteroffensive in Benghazi had achieved significant (although not necessarily decisive or permanent) gains, retaking many neighbourhoods from his Jihadi opponents. These successes are likely due to increased Egyptian backing and Western passivity. The perception of outside intervention elicited a backlash from the Islamists who used their military control of Tripoli to pressure the Supreme Court to issue its controversial ruling. These developments have welded together the fortunes of Haftar and the Thinni government. Lacking the capacity to administer territory outside of Tobruk and Bayda, the Thinni government no longer derives its internal legitimacy from the June elections (it was elected by less than 20% of eligible voters but rather from the extent of external backing and recognition it receives and the fortunes of Haftar's military moves on the ground. [7] Hence, the future of the Thinni government depends largely upon whether international actors continue to treat it as legitimate – in spite of the Supreme Court's ruling and its poor administrative performance.
The evidence seems clear that the international community with few exceptions such as Turkey and Qatar continue to act as if the Tobruk government is the legitimate government. The Tobruk government rejects completely the Supreme Court ruling and no doubt Haftar too will consider the decision simply forced on the court to grant an Islamist uprising legitimacy. He is continuing his offensive to retake Benghazi with the blessing of the Tobruk government even though the UN envoy pleaded with the parties to quit fighting and not do anything to further polarize the situation. Egypt has clearly come out in support of the Tobruk government even since the Supreme Court ruling: The Egyptian Ministry of Foreign Affairs said in a statement that it also “fully supports the Libyan government in its efforts to carry out its responsibility of preserving the unity of Libyan lands and its territorial integrity”. There is no question about the legitimacy of the Libyan government.
 Pack claims that for the international community to play a positive role in the dialogue necessary to form a unity government that it must show a greater inclination to deal with the Tripoli government. The community must also stress that all sides should respect the constitutional drafting process. It does appear as if both sides at least at the political level do respect this process and that is one positive to the situation. However, the Tobruk government appears to be completely unwilling to give up its claim of legitimacy and have given Haftar and the Libyan armed forces a green light to retake not only Benghazi but Tripoli. This allows absolutely no room for dialogue and the Tobruk government and Haftar clearly pay no attention to the UN demand that the parties stop fighting and not do anything the exacerbates the situation.

Tobruk-based Libyan government rejects Supreme Court decision declaring that it is unconstitutional

The Tobruk-based Libyan parliament formed from representatives elected in June has rejected the ruling of the Libyan Supreme Court that the parliament is "unconstitutional".

The Court ruled against the constitutionality of the original decision of the General National Congress in February which resulted in the elections in June to the present House of Representatives. The reaction to the decision by the new House of Representatives that is allied with CIA-linked General Khalifa Haftar and with what seems to be an anti-Islamist majority is in contrast to the reaction of the Islamists when the same Supreme Court declared the appointment of their favored candidate Ahmed Maiteeq for prime minister invalid. Maiteeq accepted the ruling. At the time the ruling meant that the caretaker prime minister Abdullah al-Thinni who had refused to relinquish his post remained in power. Al-Thinni had also been in power when as part of Haftar's Operation Dignity Haftar's allies from the Zintan Brigades, burned and looted the parliament. The chief of the Supreme Court Kamal al-Dahan said there is no appeal to the ruling which he said nullifies the national poll on June 25 that elected representatives to the House of Representatives that has been meeting in Tobruk. The previous government passed a motion that the parliament should meet in August in Benghazi but before that could happen the city was mostly taken over by an umbrella group of Islamist militias. Forces loyal to General Haftar along with the regular army have been trying to retake the city recently. The present prime minister of the Tobruk government is the same Abdullah al-Thinni who had called Haftar's action in burning the previous parliament illegal and who even before that had been defence minister when the same Haftar was accused of attempting a coup and a warrant was issued for his arrest. Now Al-Thinni declares support for Haftar's operations in Benghazi and is allied with him. Nevertheless, the UN and many countries have made a point of claiming that the Tobruk government is the one and only legitimate authority in Libya in spite of the fact that the main cities Tripoli and Benghazi are not under its control but that of an alternative government set up by Islamists who reconvened the GNC. The GNC then appointed a rival prime minister who formed a rival government. In its rejection of the Supreme Court decision, MP Adam Sakhra read a statement on behalf of the parliament that claimed the ruling was "taken under threat of arms" because the capital is "rule by outlawed militias". The statement went on:“The House of Representatives rejects the verdict under these conditions and says it is still functioning, as is the government” A member of the House of Representatives said the Supreme Court was guarded by "300 armed militiamen" and hence the court ruled under duress. There could have been armed militia acting as guards since forces loyal to Haftar could very well attack the court.
 So far there has not actually been any evidence of pressure on the court. Many Libyan analysts warned that the court was one of the last functioning Libyan institutions. The real problem seems to be that the Tobruk-government in spite of its lack of power and obvious campaign in alliance with Haftar is loathe to accept a political solution that would take away its present legitimacy and power such as it is. No doubt many other countries such as Egypt, the US and France, will be happy to support a government that seeks to remove Islamists from power.
A council representing tribes in the eastern coastal region called Barqa, an area that has previously declared independence, has warned that if the House of Representatives were dissolved they would declare the independence of the region and return to the 1949 constitution that recognized the area as autonomous, then called Tripolitania. This shows that the new government is allied with eastern separatists rather than being national in origin. It is telling that the present prime minister Al Thinni negotiated with rebels who were blocking oil shipments in the east and was able to reach a deal. The rebel militia controlling the oil terminals were associated with eastern separatists. That same separatist sentiment is again coming to the forefront.
  A joint statement on the situation in Libya by the US, Canada, France, Germany, Italy, Malta, Spain and the United Kingdom is as follows:We are deeply concerned by the situation of political polarization in Libya. We are studying carefully the decision of the Supreme Court, its context and consequences. We note that the challenges facing Libya require political solutions. We remain committed to helping Libyans at this difficult time. We fully support the efforts of the Special Representative of the UN Secretary General and urge all parties to cooperate with him to ensure immediate and inclusive consultations among the stakeholders to agree on the way forward. We urge all parties to cease all military operations and to refrain from taking any steps which increase the polarization and divisions in the country.
 The statement is a marvel of rhetorical motherhood statements combined with caution. However, what is not in the statement is significant. It does not assert the legitimacy of the Tobruk government and it does not state that the Supreme Court ruling is invalid. Note that some countries closely involved in the conflict notably Egypt and the UAE are not signatories. The statement is probably an initiative of the US who rounded up allies to sign on to the statement. Some of the rhetoric copies that of the UN Support Mssion in Libya (UNSMIL). That group too was studying the court ruling closely and urged the parties to act responsibly and not take any action that would further polarize the situation. Jason Pack, a researcher at Cambridge University claimed that the ruling could have a positive effect: “From the UN perspective it [the ruling] means they can’t treat Tobruk as the sole legitimate government but that could have a positive impact.The UN may now be able to begin negotiations that already needed to happen – with Hassi’s government, the Misratan Led Alliance of Libya Dawn and the different military groups and commanders who need to be at the negotiating table.” Pack thinks that the House of Representatives group which he calls federalists are simply trying to gain a stronger negotiation position when negotiations begin. This assumes that negotiations will begin. There is no sign of that yet only continuing clashes. Even so, the fact that the UN must now begin to actually consult those who count, the Islamist militia, Haftar, and representatives from the alternative Hassi government gives at least a ray of hope that a political solution may be found. No doubt neither the UN nor the countries issuing the recent statement on Libya will consider Haftar's continuing attempts to take control of Benghazi from Islamist militias as taking action that will further polarize the situation. The outside powers that are attempting to control the situation in Libya obviously have not yet decided what their position on the Supreme Court ruling is. There will be pressure from Egypt and other quarters to reject the ruling and continue to work with the Tobruk-based government. There may be doubts in some quarters that Haftar and government forces are up to defeating combined Islamist and other militias. This could explain why the US and others have not immediately rejected the Supreme Court decision.