Libya's Eastern Parliament Approves Transitional Justice Law in Unity Move, MPs Say

Members of Libyan legislatures known as the High Council of State, based in Tripoli in the country's west, and the House of Representatives, based in Benghazi in the east, meet for talks in Bouznika, Morocco, December 19, 2024. REUTERS/Ahmed Eljechtimi/File Photo
Members of Libyan legislatures known as the High Council of State, based in Tripoli in the country's west, and the House of Representatives, based in Benghazi in the east, meet for talks in Bouznika, Morocco, December 19, 2024. REUTERS/Ahmed Eljechtimi/File Photo
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Libya's Eastern Parliament Approves Transitional Justice Law in Unity Move, MPs Say

Members of Libyan legislatures known as the High Council of State, based in Tripoli in the country's west, and the House of Representatives, based in Benghazi in the east, meet for talks in Bouznika, Morocco, December 19, 2024. REUTERS/Ahmed Eljechtimi/File Photo
Members of Libyan legislatures known as the High Council of State, based in Tripoli in the country's west, and the House of Representatives, based in Benghazi in the east, meet for talks in Bouznika, Morocco, December 19, 2024. REUTERS/Ahmed Eljechtimi/File Photo

Libya's eastern-based parliament has approved a national reconciliation and transitional justice law, three lawmakers said, a measure aimed at reunifying the oil-producing country after over a decade of factional conflict.

The House of Representatives (HoR) spokesperson, Abdullah Belaihaq, said on the X platform that the legislation was passed on Tuesday by a majority of the session's attendees in Libya's largest second city Benghazi.

However, implementing the law could be challenging as Libya has been divided since a 2014 civil war that spawned two rival administrations vying for power in east and west following the NATO-backed uprising that toppled Muammar Gaddafi in 2011.

"I hope that it (the law) will be in effect all over the country and will not face any difficulty," House member Abdulmenam Alorafi told Reuters by phone on Wednesday.

The United Nations mission to Libya has repeatedly called for an inclusive, rights-based transitional justice and reconciliation process in the North African country.

A political process to end years of institutional division and outright warfare has been stalled since an election scheduled for December 2021 collapsed amid disputes over the eligibility of the main candidates.

In Tripoli, there is the Government of National Unity (GNU) under Prime Minister Abdulhamid al-Dbeibah that was installed through a UN-backed process in 2021, but the parliament no longer recognizes its legitimacy. Dbeibah has vowed not to cede power to a new government without national elections.

There are two competing legislative bodies - the HoR that was elected in 2014 as the national parliament with a four-year mandate to oversee a political transition, and the High Council of State in Tripoli formed as part of a 2015 political agreement and drawn from a parliament first elected in 2012.

The Tripoli-based Presidential Council, which came to power with GNU, has been working on a reconciliation project and holding "a comprehensive conference" with the support of the UN and African Union. But it has been unable to bring all rival groups together because of their continuing differences.



Constitutional Path for Aoun’s Presidential Election in Lebanon

Lebanese Army Commander Gen. Joseph Aoun (Reuters)
Lebanese Army Commander Gen. Joseph Aoun (Reuters)
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Constitutional Path for Aoun’s Presidential Election in Lebanon

Lebanese Army Commander Gen. Joseph Aoun (Reuters)
Lebanese Army Commander Gen. Joseph Aoun (Reuters)

Gen. Joseph Aoun currently leads the race for Lebanon's presidency, but some warn his election could be unconstitutional because he holds a “Class A” position, requiring his resignation two years before running.
However, his supporters point to the 2008 election of Gen. Michel Suleiman, who was also army commander at the time, as a precedent. They argue the reasons given for Suleiman’s election should apply to Aoun as well.
At the time, Speaker Nabih Berri argued that the support of over 86 lawmakers for Suleiman made his election constitutional, as any constitutional amendment requires 86 votes.
MP Gebran Bassil, leader of the Free Patriotic Movement, continues to argue that Aoun’s election is unconstitutional under the current process.
He recently stated that constitutional amendments require a president, a functioning parliament, and a fully empowered government. The process also needs two steps: a two-thirds majority in the first vote and a three-quarters majority in the second.
Bassil’s argument is based on Articles 76 and 77 of the constitution, which say amendments can only be proposed by the president or parliament, but only during a regular session — which ended in December.
Dr. Paul Morcos, head of the “JUSTICIA” legal foundation in Beirut, told Asharq Al-Awsat that in 2008, parliament used Article 74 of the constitution to bypass the amendment to Article 49.
He explained that Gen. Suleiman’s election was considered an exception to the rule requiring military officials to resign six months before running for president, due to the presidential vacancy after President Emile Lahoud’s term ended in 2007.
Morcos added that the same reasoning could apply to Gen. Aoun’s potential election as president.