Turkey – Libya | Agreement grants Turkish armed forces expansive operational freedoms and legal immunity
Defence Redefined
Published on 18/08/2024 at 14:16

Turkish President Recep Tayyip Erdogan submitted on August 12 a memorandum of understanding (MoU) to parliament regarding the status of Turkish armed forces currently stationed in Libya. 

The agreement, which underscores the deepening military cooperation between the two countries, grants Turkish armed forces broad legal protections and logistical support while operating on Libyan soil.

The memorandum, signed on March 1 in Antalya, builds upon previous understandings, including the Military Training Cooperation Memorandum signed in 2012 and the Security and Military Cooperation Memorandum signed in 2019.  

Turkey will support the restructuring and training of Libya’s armed forces and security forces. This initiative responds directly to Libya’s request for assistance, aiming to enhance the country’s defence capabilities.

One of the most noteworthy aspects of the MoU is the broad legal immunity it provides to Turkish forces operating in Libya. According to Article 11, any crimes committed by Turkish military personnel during their official duties or within the scope of their responsibilities will be governed exclusively by Turkish law. 

Also read: Libya | Rocket attack on Prime Minister’s residence

This means that Turkish personnel are effectively shielded from the Libyan legal system in matters related to their official duties, reinforcing Turkey’s jurisdictional authority over its forces abroad. 

However, crimes committed outside of official duties will fall under Libyan jurisdiction, with special provisions ensuring that any sentences align with the legal frameworks of both nations.

The MoU is set to remain in effect for three years, with the possibility of automatic one-year renewals unless one party notifies the other of its intent to terminate the agreement. The MOU was signed by Libyan Prime Minister Abdul Hamid al-Dbeibeh and Turkish Defense Minister Yaşar Güler in Antalya on March 1, 2024.

Turkey’s close ties to the Libyan government are accompanied by a growing military presence in the country over the years. At the end of 2023, a presidential motion proposing a 24-month extension of the Turkish military’s mission in Libya was approved by the Turkish parliament.

In November 2020 Turkey and the GNA signed a military cooperation pact and a maritime demarcation deal. While the maritime agreement, not recognized by any other Mediterranean country, delineates the Turkey-Libya continental shelf and exclusive economic zone (EEZ), the security deal enables the Turkish government to deploy its troops in Libya.

A report submitted to the UN Security Council on May 24, 2022, detailed UN investigators’ findings, indicating that the Turkish government persisted in violating UN sanctions by sending materiel and providing training to various factions in Libya.

The UN assessment concluded that a significant portion of the military training offered by Turkey fell within the sanctions regime, thereby contravening UN Resolution 1970 (2011). 

Click HERE to read the MoU.

Also read: Libya | Its territorial waters at 12 nautical miles – contiguous zone at 24 miles

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