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Al-Ahram Weekly 25 - 31 March 1999 Issue No. 422 
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Published in Cairo by AL-AHRAM established in 1875 |
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Al-Ahram Weekly 25 - 31 March 1999 Issue No. 422
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| Published in Cairo by AL-AHRAM established in 1875 |
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Egypt Region International Economy Opinion Culture Focus Profile Features Travel Living Sports People Time Out Chronicles Cartoons Letters Is it finally over?
By Rasha SaadThe US and Britain are cautiously optimistic about the news, announced by South African President Nelson Mandela, that Libya has agreed to hand over by 6 April two Libyans accused of blowing up a PanAm plane in 1988 over Lockerbie, Scotland.
Last week, Libyan leader Muammar Gaddafi gave a hero's welcome to Mandela, who defied the UN air embargo -- imposed on Libya seven years ago, after it refused to hand over the two suspects in the PanAm bombing -- and arrived in Tripoli to throw his weight behind solving the dispute and lifting the sanctions.
US and British officials, however, are waiting anxiously to see the two Libyans set foot in the Netherlands, where they will stand trial. British Foreign Secretary Robin Cook said the government would not "drop [its] guard until the two men land in the Netherlands", while Peter Burleigh, deputy US ambassador to the United Nations, said, "We have been looking for a date but more important is the actual turnover." During the past few months Libyan and UN officials have announced a number of close breakthroughs in the 10-year conflict. However, last week's announcement was the first to set a date for the hand-over.
Mandela announced the news last Friday during a Libyan parliamentary session attended by Gaddafi, the personal envoy of Saudi King Fahd and Saudi Arabia's ambassador to Washington, Prince Bandr Ibn Sultan, and hundreds of Libyans.
During the meeting, Gaddafi said that Libya accepted that the sanctions would be suspended as soon as the suspects arrived in the Netherlands, rather than lifted, which is what Libya had previously insisted on. He also asserted that the sanctions would be lifted upon submission of the UN secretary-general's report to the Security Council within 90 days, stating that Libya had complied with UN resolutions. "It was enough for me that Mandela, King Fahd and [Crown] Prince Abdullah have given me guarantees and asked me to leave them free to act," said Gaddafi.
The issue of whether the sanctions would be suspended or lifted is believed to have been the sticking point preventing Libya from handing over the suspects. The country had always expressed doubts that the US would allow the sanctions to be lifted or would not reimpose them in future reviews. However, Mandela told the parliamentary session that he was confident the "sanctions would definitely be lifted" after Secretary-General Annan submits his report. This statement was interpreted by observers as an indication that Washington and London may have given private assurances that they will not seek to reimpose the sanctions.
Libyan leader Muammar Gaddafi, South African President Nelson Mandela and Saudi ambassador to Washington, Prince Bandar Ibn Sultan, raise their hand during a rally in Tripoli on Friday
(photo: AFP)In an attempt to prove that it is serious about its intentions, Libya officially informed the UN of its decision to hand over the suspects. On Friday, the Libyan Ambassador to the UN Abu Zeid Dorda delivered a letter to Annan stating the proposed date for the hand-over. The letter also included the details and conditions for the hand-over that had previously been agreed with Annan, and stated that Libya opposed "all forms of terrorism". It also said the country itself is a victim of terrorist acts, which observers believe is a reference to the US bombing of Tripoli in 1986 and an alleged attempt by British intelligence to kill Gaddafi.
Tripoli has been lobbying since 1992 for the trial to be held in a neutral country, since there is no extradition treaty between Libya and the US and Britain. The US and Britain announced late last year that they would accept a trial in the Netherlands presided over by Scottish judges. Gaddafi agreed in principle to handing the suspects over to the Netherlands, but asked for guarantees that they would receive a fair trial. Since then, Libya has repeatedly sought clarifications from the UN of the US-British proposals.
Many Arab observers firmly believe the sanctions were imposed for political rather than legal reasons, and that is why the US and Britain refused to take the case to the International Court of Justice (ICJ). In February 1998, the ICJ ruled that it had the right to rule in the case, but the US insisted that the Security Council alone should deal with the Lockerbie affair.
Observers believe the US has finally come to the conclusion that it will not be able to garner strong international support to tighten sanctions against Libya. Unconfirmed reports suggest Washington may have struck a private deal with Libya, in which Tripoli would give up its right to compensation for the sanctions if the suspects were found innocent. Some observers have pointed out that Libya's letter to the UN stated that Tripoli was ready to pay compensation to the families of the Lockerbie victims if the suspects were found guilty, but it did not include Tripoli's long-standing demand for compensation if they were found innocent.
Meanwhile, in an unprecedented move, Scottish judges are preparing to conduct the trial in the Netherlands under Scottish law. According to the Scottish judiciary, the trial is likely to last for several months and the court will sit for at least four days a week.
The Libyan ambassador to the UN, Dorda, said the confidential details of the transfer of the two men had been worked out by UN Legal Counsel Hans Corell and authorities in Tripoli.
