Recognition of the Libyan transitional council: when, how and why

The analysis of the reaction of the international community, including the United Nations system, to the uprising in Lybia in 2011 is the core of this article. Although the overwhelming majority of States condemned the conduct of the Qaddafi regime towards the Libyan population, States had different attitudes as regards recognition of insurgents. Some States immediately provided recognition to the NTC and severed relations with the Qaddafi regime; others, whose policy is against recognition of government and insurgents, needed more time to take stance on the issue but finally recognised the NTC before the end of Qaddafi regime. Events surrounding the representation of the Qaddafi regime at the U.N. are revealing in relation to the impact of the U.N. system on the recognition of the NTC. The diversified practice that emerged from the Libyan case confirms that recognition is mainly a political issue, with possible legal consequences. However, the practice also shows that States’ decisions have been based not only on traditional elements such as the effective control of parts of the State territory; but also other elements, such as the legitimacy of the parties, have been considered as parameters to be taken into account in relation to recognition or the absence thereof.