The Re-Emergence of the Legitimate Representative of a People: Libya, Syria, and Beyond
| Author | Matthias Edtmayer |
| Pages | 1-28 |
2018
LSE LAW REVIEW
1
The Re-Emergence of the Legitimate Representative of a
People: Libya, Syria, and Beyond
Matthias Edtmayer*
ABSTRACT
In the context of the civil wars in Libya and Syria, a legal term which was well-known during
the decolonisation process re-emerged in statements issued by different foreign min istries. Libyan
and Syrian opposition groups were recognised by States as ‘the legitimate representative’ of their
people. Since, little scholarly attention has been paid to this development. The recognition was
perceived as political rhetoric rather than an act of legal significance. Even the re-emergence of the
concept of ‘the legitimate rep resentative of a people’ in a United Nat ions General Assembly
(‘UNGA’) resolutio n passed unnoticed, with its analysis still missing in the existing lit erature.
This article argues that the re-emergence of the concept of ‘the legitimate representative of a people’
in cases outside the decolonisation process might hint at the beginning of a legal development,
which allows th e assistance and supply of arms to opposition groups recognised as the legitimate
representative of a people. It provides an analysis of the statements made by States in regard to
UNGA Resolution 67/262 and contends that the legal concept of ‘the legitimate representative
of a people’ could evolve in those future cases in which democratically elected groups have been
barred from access to power or ousted by coups d’état.
INTRODUCTION
This article discusses the re-emergence of the concept of the legitimate
representative of a people. It is divided into three sections. The first outlines the
development of the recognition of Libyan and Syrian opposition groups as the
respective legitimate representative of their people. It reviews the origins of the
concept and the recognition of national liberation movements as the
corresponding legitimate representative of their people. Next, the consequences
* LLM (LSE) 2016/2017, Public I nternati onal L aw.
2
The Re-Emergence of the Legitimate Representative of a People
Vol. 3
of being recognised as the legitimate representative of a people will be examined.
This second section analyses the implications of the concept in the cases of Libya
and Syria for the recognition of governments, intervention, and the use of force.
In doing so, the section scrutinises State practice and opinio iuris. It incorporates
an analysis of United Nations General Assembly (‘UNGA’) Resolution 67/262.
1
The final section looks beyond Libya and Syria to suggest how this re-emerging
concept might be shaped in future cases. The section contends that the conce pt
could de lege ferenda thrive in c ases in which democr atically el ected groups have
been barred from access to power or ousted by coups d’état.
I. THE RE-EMERGENCE OF THE LEGITIMATE
REPRESENTATIVE OF A PEOPLE AND ITS ORIGINS
The Libyan National Transitional Council (‘NTC’), which opposed the Gaddafi
government, was e stablished on 2 7 February 2011. On 10 March 2011, France
was the fi rst State to recognise the NTC as ‘the legitimate representative of the
Libyan people’.
2
In contrast to France, the position of the UK was initially more
hesitant, though it evolved quickly thereafter. Initially, the UK referred to the
NTC as an ‘important and legitimate political interlocutor’.
3
By May 2011,
however, the UK referred to it as ‘a legitimate representative of the Libyan people ’
and, at the end of June of that same year, i t viewed the NTC as ‘the legitimate
representative of the Libyan people’.
4
The development of the terms in which the
1
UNGA Res 67/262 (15 May 2013) UN Doc A/RES/67/262 (voted 107-12-59).
2
Giuseppe Nesi, ‘Recognition of the Liby an National Transitional Council : When, How
and Why’ (2011) 21 Italian Y B Int’l L 45, 45-53; Stefan Talmon, ‘Recognition of the
Libyan National Transitional Council’ (2011) 15 ASIL Insights 2; ‘Libye: Paris Juge
L’opposition Légitime’ Le Figaro (Paris, 10 March 2011)
actu/2011/03/10/97001-20110310FILWWW00448 -libye-le-cnt-legitime-paris.php>
accessed 20 July 2017 .
3
Foreign and Commonwealth Office , ‘Foreign Secretary Meets Libyan Interim
Transitional National Cou ncil Special Envoy’ (29 March 2011)
national-council-special-envoy> accessed 20 July 2017.
4
Foreign and Commonwealth Office, ‘Head of the Libyan National Transitional Council
Visits UK’ (12 May 2011) uk/government/news/head-of-the-libyan-
national-transitional-council-visits-uk> accessed 20 July 2017; Foreign and
Commonwealth Office, ‘UK Provides Equipment to the National Transitional Council
To continue reading
Request your trial