3.2 Intervention in domestic affairs of a sovereign state: UNSC Resolution 2131 (XX) of 21 December 1965, containing the Declaration on the Inadmissibility of Intervention in the Domestic Affairs of States was backed up by Resolutions 31/91 of 14 December 1976, 32/153 of 19 December 1977, 33/74 of 15 December 1978, 34/101 of 14 December 1979 and 35/159 of 12 December 1980 on non-interference in the internal affairs of States.
3.3 Bombardment of undefended buildings and structures: Article 3 of the Statute of The Hague International Penal Court which states clearly that one criterion for indictment for war crimes is:
"Attack or bombardment, by whatever means, against undefended cities, towns, villages, buildings or houses".
Another clause of the same Article 3 could also be invoked:
"Massive destruction of cities, towns or villages or destruction not justified by military necessity".
The attack on Libya's water supply network on Friday July 22 and the attack on the factory making pipes for the supply system on Saturday July 23 in al-Brega were not covered under "military necessity" in which case, under Article 3, this was an act of wanton destruction of civilian structures with military hardware. This renders NATO liable for trial by its own court, the ICC at The Hague.
3.4 Support for outlawed organizations and individuals. Despite this admission (PDF) there is evidence that armed groups fighting inside Libya include the Libyan Islamic Fighting Group (LIFG) which according to the British Government: "The LIFG seeks to replace the current Libyan regime with a hard-line Islamic state. The group is also part of the wider global Islamist extremist movement, as inspired by Al Qa'ida. The group has mounted several operations inside Libya, including a 1996 attempt to assassinate Mu'ammar Qadhafi" and for which reason is on the Home Office list of proscribed terrorist groups, despite this, the UK aided and abetted the said group.
3.5 Failure to apply international law: Under the UN Charter, Chapter VI, Article 33, member states must "seek a solution by negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice".
3.6 The Jamahiriya Government of Libya had the right to defend itself without being attacked: Chapter VII, Article 51 refers to the right of States to defend themselves against armed insurgency:
"Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security. Measures taken by Members in the exercise of this right of self-defence shall be immediately reported to the Security Council and shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security";
3.7 Mercenaries: UNSC Resolution 1973 (2011), in its Chapter on Protection of Civilians, in paragraph 4. states:
4. Authorizes Member States that have notified the Secretary-General, acting nationally or through regional organizations or arrangements, and acting in cooperation with the Secretary-General, to take all necessary measures, notwithstanding paragraph 9 of resolution 1970 (2011), to protect civilians and civilian populated areas under threat of attack in the Libyan Arab Jamahiriya, including Benghazi, while excluding a foreign occupation force of any form on any part of Libyan territory, and requests the Member States concerned to inform the Secretary-General immediately of the measures they take pursuant to the authorization conferred by this paragraph which shall be immediately reported to the Security Council.
There have been numerous reports of mercenaries being used by NATO and the rebels it supported; French Foreign Legion, Egyptians, Qataris, UAE forces, among others.
