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Of Spies and Speculation: Wrongful Detention in a Conflict Zone

The ongoing fighting in Tripoli has not only killed and injured thousands of people in and around the Libyan capital but has also exacerbated the threat of wrongful detention faced by foreign nationals, writes Saif Islam.

On 4 April, Field Marshall Khalifa Haftar’s self-proclaimedLibyan National Army (LNA) launched a major military operation to capture Tripoli from the rival Government of National Accord (GNA) and affiliated militias, plunging Libya into yet another civil war. The LNA has rejected international calls for a ceasefire, with incessant fighting killing more than 700 people and injuring at least 4,000 others. While the human cost of the ongoing conflict is well documented, the threat of wrongful detention to both onshore and offshore foreign personnel is also on the rise.

In Sheep's Clothing?

The controversial nature of international interference in Libya’s domestic affairs means that the potential for a foreign national to be wrongfully detained is not only influenced by the security environment, but also by the victim’s nationality and assumed political ideology. The wrongful detention and abduction of locals, especially political rivals and dissidents, are common across the country. However, the ongoing conflict in Tripoli, and the international players therein, has renewed fears that Libya’s warring parties will perceive foreign nationals from international stakeholder countries as adversaries. On 12 April, LNA personnel detained two Turkish restaurant workers in southern Tripoli, accusing them of being spies, and moved them to a prison in eastern Libya. Turkish officials deny that the individuals are involved in espionage or have any ties to the government. Yet, with Turkey and Qatar backing LNA rivals - the GNA and Misrata based militia - Haftar and the LNA remain suspicious towards all Turkish and Qatari nationals. In fact, on 30 June, the LNA arrested six Turkish sailors in Ajdabiya, as part of a directive to arrest all Turkish nationals; however, the sailors were released two days later after Turkey threatened to take military action. During similar conflict situations in the past, in late June 2014, Haftar had ordered all Turks and Qataris to leave eastern Libya, including the city of Benghazi, within two days, amid claims of espionage. Turkey immediately evacuated 420 citizens, the majority of them migrant workers, from the region. In another instance in July 2014, two European security officers protecting EU personnel were temporarily detained in Benghazi on the suspicion of spying.

On 12 April, LNA personnel detained two Turkish restaurant workers in southern Tripoli, accusing them of being spies, and moved them to a prison in eastern Libya.

Considering the LNA’s anti-Turkey and anti-Qatar rhetoric has only intensified since the Tripoli conflict began, Turkish and Qatari nationals are particularly vulnerable to wrongful detention on spurious charges, including espionage and terrorism in southern Tripoli and LNA-controlled areas across the country. Italians could also be targeted due to Italy’s longstanding support for the GNA, although Italy has also sought to improve relations with Haftar in recent years, recognising his importance to Libya’s political future. On the other hand, the GNA and its affiliated militias could potentially target individuals from countries believed to be backing Haftar and the LNA - such as Egypt - in Tripoli, Misrata and other areas of western Libya.

Libya areas of control

Moving Offshore

The danger of wrongful detention is not only restricted to onshore Libya, as the shipment of weapons and ammunitions to the LNA and the GNA in recent weeks have heightened mutual suspicion towards merchant vessels, increasing the threat of misidentification and misplaced accusations. In mid-May, after the GNA received a shipment of armoured vehicles from Turkey, the LNA warned Turkish vessels to not approach western Libya. Prior to this, in April, the LNA accused an Iranian container vessel of delivering arms to GNA-affiliated militias, although the latter rejected this. The LNA’s military capabilities are limited offshore western Libya, but they have previously targeted vessels in central and eastern Libya for supporting their rivals. Most importantly, even though neither side has the intent to target large and reputable merchant vessels, especially due to their significance to Libya’s economy, the conflict in Tripoli has substantially increased the chances of inspection or seizure of suspicious vessels and crew onboard.

While the GNA, the UN and other international organisations continue to call for a ceasefire in Tripoli, Haftar and the LNA have not shown any willingness for such, vowing to persist until the capital has been “liberated” from “terrorists”. As such, a short-term resolution to the crisis appears unlikely. A protracted conflict will mean that the LNA and the GNA will become more reliant on their international backers, for diplomatic, financial and military support. Consequently, both sides will continue to challenge foreign interference in support of their rivals, through a variety of means, including wrongful detention.

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