Publication of Updated Post-Nov 6 Supreme Court Decision Report.
The extent of international support that the HoR will receive is currently in flux as the Libyan Supreme Court ruled that the seventh constitutional amendment issued in March 2014 was unconstitutional and hence so were the June elections that brought the HoR to power. The HoR has rejected the ruling claiming it was made at ‘gunpoint’ in Tripoli.” and “The Supreme Court ruling, while complicating matters, could represent a window of opportunity. In fact, the ruling could serve ‘to level the playing field’ between the two camps and make it easier for international actors to engage all parties as potentially legitimate political actors. According to Mohamed Eljarh, nonresident fellow at the Atlantic Council’s Rafik Hariri Center, “The international community’s next step is key. Despite the UNSMIL statement that it is studying the Supreme Court’s ruling with its international partners,the EU ambassadors to Libya met with the Minister of Health in al-Thinni’s government in Tunis shortly after the ruling, suggesting it is business as usual with the Tobruk government”. For the international community to be able to play a positive role, they must show a greater inclination to engage with the Tripoli government, especially in the wake of the court’s decision.
Despite this new potential for division, all domestic and international actors should agree on the form of a ‘National Unity’ government incorporating all the major political factions (MLA, Muslim Brotherhood, HoR members, Liberal-leaning technocrats, Berbers/Amazigh, Federalists, key tribal leaders, Tebu, and Toureg). Such an agreement would bypass the need for each actor to definitively ‘take sides’ by choosing to recognize one governing body as opposed to the other.