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Title:	Underscoring the recogntion,legitimacy and responsibilities of transitional governments under International Humanitarian Law: a case of National Transitional Council of Libya
Authors:	Hamed Hashemi Sougheh (P61136)
Supervisor:	Rohaida Nordin, Dr.
Keywords:	Legitimacy of governments Universiti Kebangsaan Malaysia -- Dissertations Dissertations, Academic -- Malaysia Recognition (International law)
Issue Date:	22-Feb-2016
Description:	The National Transitional Council of Libya (NTC), a form of transitional government (TG), emerged on the political scene of Libya after the eruption of internal armed conflict in the country, and played a major role in the building of the State during the transition. However, there is the issue that there is no connection between thelegitimacy and recognition of TGs and their commitment to human rights. Even if the TG violates human rights systematically, the government will still receive recognition from other States. Moreover, the scope of the responsibility of TGs under international law is vague. The legitimacy and legality of the recognition of the Libyan TG was controversial. This thesis attempts, firstly, to introduce and determine the type of the Libyan TG. Secondly, this thesis analyses the legitimacy and recognition of the Libyan NTC, and examines the changing nature of recognition in international law. This thesis endeavours to establish the relationship between respect and the implementation of human rights by the non-State armed group and the transitional government and its recognition. Most importantly, this thesis analyses the scope of the responsibilities of the Libyan TG under international humanitarian and human rights law. The applied method in this research is analytical, doctrinal and socio-legal study. In this thesis, it was discovered that the Libyan TG was a caretaker transitional government and there is a link between legitimacy and recognition of new governments and their commitment to human rights and humanitarian law. According to the analysis, the recognition of the Libyan NTC was part of the R2P of the international commnity and therefore, it was legal. According to this research, the NTC was responsible for the acts of its forces; and the local brigades had to bear individual criminal responsibility.,Ph.D.
Pages:	374
Call Number:	C74 .HAM 2016 2 tesis
Publisher:	UKM, Bangi
Appears in Collections:	Faculty of Law / Fakulti Undang-undang

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