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Freedom without rule of law in Libya will only worsen things

Sunday, 23 October 2011


Gopal Sen Gupta Libyans cheered the fate of its ousted dictator after his death in what Libya's transitional prime minister described as a crossfire that followed his arrest by revolutionary forces. This is a time to start a new Libya, with a new economy, with a new education and with a new health system -- with one future. Gaddafi's death satisfies the understandable desires of rival or angry Libyans for revenge. But questions remain about the manner of his death, and Libyans' interests would have been better served if he had been tried rather than killed. He governed by violence. He eliminated opponents, in open air stadiums and secret prisons. As his regime crumbled, he rounded up and summarily executed hundreds more. The world, too, is better off now that it is rid of the dictator's excesses - military adventurism in Chad, terror over the skies of Lockerbie, Scotland. He remained capable, even after his rapprochement with the West, of erratic behaviour that could threaten the security of those far beyond Libya's borders. At what cost, though? Libyans are tasting 'freedom', but as long as the rule of law in the country is a fiction, they still live in tyranny. Innocent people are vulnerable to revenge attacks; detainees under supervision of the National Transitional Council (NTC) have been tortured. Libya is a transitional society, gutted by a parasitic dictator and still in the throes of war, but the NTC must do better to stop vigilantism and deliver justice. While the exact chronology has yet to be established, his death was the wish of man, not God. Justice demanded better. His son and his head of military intelligence are wanted by the International Criminal Court (ICC) for crimes against humanity. The NTC and its backers must make sure that those men see justice at The Hague or at a competent Libyan court under ICC supervision, and not at the barrel of a gun. His lesser regime figures, too, must go on trial. Justice needs to be at the centre of the country's reconstruction. In the coming days, we will witness scenes of celebration, as well as grief for those who lost so much. Yet, let us recognize, immediately, that this is only the end of the beginning. The road ahead for Libya and its people will be difficult and full of challenges. Email: gopalsengupta@aol.com