In Libya, Only One System of Law is Function, and it’s Not a State Law – The Libya Observer
Libya is a tribal society where tribal leaders have been major actors throughout the history of the country. From the Italian colonization between 1911 to 1943- to the Arab spring - in 2011- tribal leaders have played a crucial role in keeping the unity between Libyans and maintaining a relative peace in most of the country. However, tribes have reinvented their role since the revolution where they are not only solving individual crimes but facing the reality of a civil war within the country. This new role of the tribes has evolved the customary law called Orf in Arabic and it is the common law that is used by the tribal leaders to resolve local and national disputes into an established law system. With the three contesting governments failing to provide security and the pockets of violence in the country, Orf is the only effective law that the vast majority of Libyans respect.
While it is true that tribal grievances and disputes are a contributing factor in the post-2011 conflict in Libya, the efforts of the tribal leaders as peacemakers is underestimated. In Libya, it is widely believed that tribes are involved in the conflicts and are the one who can make peace. Therefore, tribes can play a key role both in peace and conflict. The key lies, in which role we choose to use them.
Hukama (Wise Men) usually tribal sheikhs have become the most active peacemakers in Libya. While politicians are considered too busy fighting over power, Hukama are engaged in the process of peacebuilding to conflict prevention by using Orf. Their importance emerged prominently after the collapse of state security and stability in 2014. Therefore, capitalizing on the effective role that Hukama are playing is the most pragmatic solution for containing most of the conflicts in Libya now.
Before the Libyan revolution which toppled Libya dictator Muammar Gaddafi in 2011, Orf was one of the sources used in Libyan criminal cases. The state relied on Sheikhs to solve small-scale crimes. According to Abubakar Almenfi (Tribal sheikh in Tobruk city in the east of Libya), a Libyan judge can free the perpetrator, in a killing crime, if the two tribes victim and perpetrator families resolve the conflict using Orf. Although many would believe this is an overstepping of the law, Libyans saw Orf, especially in the areas far from the central government, as a vital component in restoring relationships and enhancing the social cohesion within the community. Najla Mangoush (Libyan PhD candidate in peacebuilding) says, in an interview with Peacemakers Network, The power of the tribal leaders is how they can restore the relationship between two sides that have been affected by the conflict.
Post-2011 revolution, the traditional peacemakers were forced to evolve their engagement from solving small conflicts to dealing with national ones. As the absence of law grew and with the gradual deterioration of the state security, the Orf authority gained more respect, and Hukama became almost the most active peacemakers in the country. The concept of Orf is considered by many Libyans to be the only thing that is still holding Libya together and providing a relative stability in some parts of the country. According to the USIP report in 2016 Tribe, Security, Justice and Peace in Libya Today, 979 Libyans have been interviewed and over 60 percent of respondents agreed that tribes were able to provide security to the community. Despite the fact that Gaddafis weapons are easily available on the streets with no government control, Orf has relatively succeeded in keeping the social fabric together in some places. Maree Albarsha, a Sheikh from the Magarba tribe, said: If thousands of Libyan lives have been lost in the current civil war in Libya, Orf has saved hundreds of thousands.
Historically Libya consists of three provinces; Tripolitania (west), Cyrenaica (east) and Fezzan (south). Cultures and customs vary from region to region. As a result, the roots and causes of conflict in each area are not akin and differ significantly. Nonetheless, they share in their respect for Orf, and Hukama still can have an influence among the public in the three provinces.
Tribal Peace Efforts in West Libya
The prolonging of the liberation war against Gaddafis regime triggered a national division splitting the cities in west Libya into two camps; pro-Gaddafi and anti-Gaddafi. Although some people think that the root of the conflict in the West was the dispute over fighting Gaddafi, many others assume that the war against Gaddafi was a pretext to revenge for old communal disputes, such as conflicts over lands or historical conflicts since the Ottoman and Italian eras.
In the Nafusa Mountains, in the north-west of Libya, for instance, Zintan and Meshashya tribes have been involved in a violent conflict since the spark of the Libyan revolution. Zintan accused Meshashya of helping Gaddafi army in bombarding Zintan. Whereas, Meshashya believed that Zintan wanted to take control of several disputed lands and used the war against Gaddafi as an excuse. Since October 2011, more than 2500 people from Meshashya fled three villages near Zintan. Even though Zintan did not forcibly displace them, there was a direct threat to their lives if they returned.
With the security vacuum and intensity of the political scene in Libya since 2011, the consecutive governments were not successful in mediating a peace deal between the two tribes. So, a coalition of twelve tribes from all over Libya stepped in and managed to make an inter-tribal reconciliation deal something the three currently competing governments were not able to do. This peace accord, signed on May 18th, 2017 in Alasaba city, paved the way for the shops, schools and hospitals to reopen and ultimately the return of all internally displaced people from the three Meshashya inhabited villages: Awiniya, Zawyt Albagol, and Umar. This coalition negotiated the peace accord tirelessly for more than a year, according to Mohamed Abo Kasem, a member of the reconciliation committee from Meshashya . This alliance reflects the tribal leaders ability to stop and prevent further conflicts and act as peacemakers in the absence of state authority, Mr Abo Kasem added.
Tribal Peace Efforts in the East
Contrary to the west of Libya, the East (Known as Cyrenaica) was liberated from Gaddafi regime in almost a week. As a result, the division stemming from the war against Gaddafi did not infiltrate communities in this region. Similar to the rest of Libya, however, the absence of law is increasing. The assassination of army and police officers started to ramp up in 2013. That led to the war between the Libyan National Armey (LNA), and 17th of February revolutionaries and Ansar al-Sharia (on the UN Al Qaeda sanctions list), in Benghazi. With the war tearing the eastern region, the deactivation of the justice system, and absence of the rule of law, tribal sheikhs decided to act.
Majdi Boshiha, a Shiek from Twajeer Tribe based in Benghazi, said: We cannot wait for the government or the army to provide security; we need to act and do it fast. Based on this sentiment from tribal leaders and their understanding of their national responsibility, all Cyrenaica tribes gathered on April 15th, 2017 in Asahel city, 300 Km east of Benghazi, to codify and endorse the Orf temporarily. They called it the Cyrenaica Honor Code, which acts as guidelines to solving conflicts and sustaining peace by providing steps to be taken in case of any crime or violent act. This was the first time that the Orf was officially written. Tribes cannot be a political party, lawmaker, or get involved in politics, but we cannot sit by and watch people die every day and do nothing, said Maree Albarsha. He added, This Honor Code is meant to fill the security vacuum, prevent revenge, avert violence and preserve the sense of security that most Libyans are missing.
This tribal initiative is what is holding the eastern region of Libya together in the current war, as no city or tribe is currently attacking another. It is a culmination of tribal efforts to prevent the war in Benghazi flaring into another cycle of violence in the region. However, the lack of participation of youth and women in the tribal efforts has made many people skeptic of the tribal peace process. Youth and women are the most affected by the current Libyan crisis and any peace deal has to consider and involve these two parts of the society. Therefore, the tribal elders have to communicate more with the youth and women in order to improve their role in ending local conflicts.
Perspective for Any Future Peace Initiative
The Libyan tribal sheikhs have a track record in acting to prevent violence, peacekeeping, and saving many lives in Libya among the current chaos. As a result, not respecting and utilizing the tribal traditional way of bringing people together, can indicate a lack of understanding of how Libyan society functions. Hence, if any entity, whether it is the Libyan authorities, the UN or other national governments, needs a strategy to end the conflict, this strategy should put the following into consideration:
The successful tribal efforts of peacemaking show that tribal sheikhs, with time and support, can be effective in ceasing violence at the local level. Therefore, there should be support to such interventions and invest in partnership with the local leaders. They could, for example, create a peacebuilding office in each municipality, consisting of Hukama, to help the local police in containing any conflicts. While it is true that this idea is implemented in some places, it doesnt receive enough support.
The Cyrenaica Honor Code success in sustaining peace between tribes in the East can be a Libyan model for all unstable regions in Libya and used nationwide. The relative stability of communities in the east of Libya underscores the effectiveness of the Orf, due to the high respect for it among Libyans. We can take advantage of the Orf respect to build sustainable peace as a second step after averting violence until national reconciliation can be achieved and a federal government reestablished.
Finally, peace needs economic development to be sustained, and political reconciliation is essential for this development and investment. Many Libyans believe that economic well-being can draw people away from their disputes. Therefore, and parallel to tribal leaders efforts, the Libyan authorities and the international community have to maximize their efforts in bringing the political factions together and improving the governance of national resource revenue to ensure the turning of the economic wheel.
Disclaimer: The views and opinions expressed in this article are those of the writer, and do not necessarily reflect those of the Libya Observer
Go here to see the original:
In Libya, Only One System of Law is Function, and it's Not a State Law - The Libya Observer
- More than 1,200 migrants arrive in Crete amid influx from Libya - MSN - July 8th, 2025 [July 8th, 2025]
- Libya Passenger Car Industry to Witness Strong Growth, Expected - openPR.com - July 8th, 2025 [July 8th, 2025]
- BP, Shell eye return to Libya with fresh oilfield study deals - Quantum Commodity Intelligence - July 8th, 2025 [July 8th, 2025]
- BP to Explore Oil Development Opportunities in Libya with National Oil Company - MarketScreener - July 8th, 2025 [July 8th, 2025]
- BP and Shell to explore oilfield prospects in Libya - Arabian Gulf Business Insight | AGBI - July 8th, 2025 [July 8th, 2025]
- Greece detains 1,200 migrants in three days as arrivals from Libya surge - The Independent - July 8th, 2025 [July 8th, 2025]
- Libya extends condolences to US over Texas flood tragedy - The Libya Observer - July 8th, 2025 [July 8th, 2025]
- Al-Sisi calls for unified efforts to hold elections in Libya, urges withdrawal of foreign forces - Daily News Egypt - July 6th, 2025 [July 6th, 2025]
- UNSMIL calls for investigation into death of government critic - The Libya Observer - July 6th, 2025 [July 6th, 2025]
- Is a friendly in Libya coming? Bara would have already reached an agreement - FC Barcelona Noticias - July 6th, 2025 [July 6th, 2025]
- Big Oil Bids in Libya's First Exploration Tender in 18 Years - Crude Oil Prices Today | OilPrice.com - July 4th, 2025 [July 4th, 2025]
- Trkiye rejects EU declaration over deal with Libya | Daily Sabah - Daily Sabah - July 4th, 2025 [July 4th, 2025]
- Fresh pushback from Ankara over opposition to Turkey-Libya marine borders deal - eKathimerini.com - July 4th, 2025 [July 4th, 2025]
- Egypt hosts secret talks between Sudan's Burhan and Libya's Haftar in bid to mend ties, sources say - Middle East Eye - July 4th, 2025 [July 4th, 2025]
- Libya's Energy Exploration Tender: Chevron and TotalEnergies Among Key Contenders - News and Statistics - IndexBox - July 4th, 2025 [July 4th, 2025]
- Greek PM Mitsotakis and Commissioner Brunner Discuss Curbing Migrant Flows from Libya - tovima.com - July 4th, 2025 [July 4th, 2025]
- How LA 2028 And U.S. Security Policy Are Disrupting Global Travel: Impact On Iran, Haiti, Libya, Senegal, And Venezuela, Here Is What You Need To Know... - July 4th, 2025 [July 4th, 2025]
- Libya: Battling conditions with organic growing - Hortidaily - July 4th, 2025 [July 4th, 2025]
- Trump Advisor Boulous: Elections are the only solution to end Libyas crisis - The Libya Observer - July 4th, 2025 [July 4th, 2025]
- Oil Tanker Suffers Unexplained Blast Weeks After Russia Call - Bloomberg - July 2nd, 2025 [July 2nd, 2025]
- Mitsotakis Wants EU to Keep Libya from Sending Refugee Boats - The National Herald - July 2nd, 2025 [July 2nd, 2025]
- No injuries or pollution after explosion at oil tanker off Libya, says Greek operator - eKathimerini.com - July 2nd, 2025 [July 2nd, 2025]
- 2 Greek warships begin patrolling off Libya to prevent flow of irregular migrants - Anadolu Ajans - July 2nd, 2025 [July 2nd, 2025]
- Libya's economy showed recovery in 2024, remained resilient despite reliance on hydrocarbons and ongoing political and security instability: World... - July 2nd, 2025 [July 2nd, 2025]
- Belarusian PM to Hammad: Minsk eyes cooperation with Libya in agriculture, industry, and healthcare - The Libya Observer - July 2nd, 2025 [July 2nd, 2025]
- Libya rejects European interference in maritime agreement with Turkey - The Arab Weekly - June 29th, 2025 [June 29th, 2025]
- The Prime Minister of Eastern Libya threatens Greece - - Greek City Times - June 29th, 2025 [June 29th, 2025]
- Three Libyan companies win awards in Athens International Olive Oil Competition - Libya Herald - June 29th, 2025 [June 29th, 2025]
- Explosion Reported on Crude Tanker Off the Coast of Libya - The Maritime Executive - June 29th, 2025 [June 29th, 2025]
- Libyan and Omani Economy Ministers meet agree to activate several existing agreements and hold a business forum - Libya Herald - June 29th, 2025 [June 29th, 2025]
- Libya, Trkiye defend deal as Greece sustains objection | Daily Sabah - Daily Sabah - June 29th, 2025 [June 29th, 2025]
- Greece deploys 3 warships in the Eastern Mediterranean between Turkey and Libya - The Libya Observer - June 29th, 2025 [June 29th, 2025]
- Economy Ministry warns against speculation on the Dinar, assures gradual stability of exchange market - The Libya Observer - June 29th, 2025 [June 29th, 2025]
- Libyan Italian Forum concludes with the signing of 98 MoUs - Libya Herald - June 28th, 2025 [June 28th, 2025]
- Greek Political Tensions Resurface Over Turkey-Libya Pact - Greek City Times - June 28th, 2025 [June 28th, 2025]
- UN urges renewed political and climate action in Libya amid humanitarian and governance crises - africanews.com - June 26th, 2025 [June 26th, 2025]
- Warehouse fire and explosion in Ajkharrah injures 18 - The Libya Observer - June 26th, 2025 [June 26th, 2025]
- Pakistan urges all stakeholders in divided Libya to address outstanding issues through dialogue - Associated Press of Pakistan - June 26th, 2025 [June 26th, 2025]
- Libya, Turkey sign MoU on offshore areas, Athens reiterates rejection - eKathimerini.com - June 26th, 2025 [June 26th, 2025]
- Remarks at a UN Security Council Briefing on Libya - United States Mission to the United Nations (.gov) - June 26th, 2025 [June 26th, 2025]
- Pakistan urges continued intl support for peace in Libya - RADIO PAKISTAN - June 26th, 2025 [June 26th, 2025]
- Greece to deploy frigates off Libya to curb increased migrant flows, PM says - Reuters - June 24th, 2025 [June 24th, 2025]
- Libya's Al-Khadim airbase becomes a hub for Russian arms in the Sahel - RFI - June 24th, 2025 [June 24th, 2025]
- Greek Navy Deploys Warships To Thwart Surge Of Migrant Vessels Off Libya - Marine Insight - June 24th, 2025 [June 24th, 2025]
- MSF remains ready to resume medical activities in Libya - MSF - June 24th, 2025 [June 24th, 2025]
- Greek Navy Sending Refugee Hunting Patrols Near Libya - The National Herald - June 24th, 2025 [June 24th, 2025]
- New appointments for Stability Support Apparatus and Judicial Police Authority - The Libya Observer - June 24th, 2025 [June 24th, 2025]
- Greece plans to deploy navy ships off Libya to 'send a message' to migrant smugglers - MSN - June 24th, 2025 [June 24th, 2025]
- CBL penalizes three banks over unauthorized customer fees - The Libya Observer - June 24th, 2025 [June 24th, 2025]
- Analyst doubts impact of Berlin talks on Libya - Libyan Express - June 22nd, 2025 [June 22nd, 2025]
- General Authority for Exhibitions discusses strengthening cooperation with Turkey - The Libya Observer - June 22nd, 2025 [June 22nd, 2025]
- Qatar reaffirms commitment to work with partners to achieve peace in Libya - The Peninsula Qatar - June 22nd, 2025 [June 22nd, 2025]
- Libya's parallel government rejects Greeces drilling moves in the Mediterranean - The Libya Observer - June 22nd, 2025 [June 22nd, 2025]
- At least 60 people feared dead after shipwrecks off the coast of Libya - Al Jazeera - June 20th, 2025 [June 20th, 2025]
- IOM Reports 60 Migrants Missing in Two Deadly Shipwrecks off Libya - International Organization for Migration - June 20th, 2025 [June 20th, 2025]
- Russias Potential Withdrawal from Syria and Pivot to Libya - New Lines Institute - June 20th, 2025 [June 20th, 2025]
- Soccer fans storm field in Libya and a Portuguese referee is injured during a suspended match - Houston Chronicle - June 20th, 2025 [June 20th, 2025]
- Gaza-bound activist convoy retreats to Misrata after being blocked in east Libya - France 24 - June 20th, 2025 [June 20th, 2025]
- Libya : Moscow fears being excluded from the Berlin process - Africa Intelligence - June 20th, 2025 [June 20th, 2025]
- Tunisia calls for stronger ties with Libya and Algeria - Libyan Express - June 20th, 2025 [June 20th, 2025]
- Activists stopped in Libya and Egypt ahead of planned march to protest Gaza blockade - The Times of Israel - June 20th, 2025 [June 20th, 2025]
- UN envoy: Hate speech threatens Libyas unity and stability - The Libya Observer - June 20th, 2025 [June 20th, 2025]
- Libya is without justice, peace and a functioning state - Arab News - June 20th, 2025 [June 20th, 2025]
- At least 60 people feared missing in two deadly shipwrecks off Libya, IOM says - Yahoo - June 20th, 2025 [June 20th, 2025]
- Injustice By Design: Need for Comprehensive Justice Reform in Libya - Human Rights Watch - June 4th, 2025 [June 4th, 2025]
- Tripoli Just Flipped: Why the U.S. Cant Afford to Miss This Moment in Libya - Middle East Forum - June 4th, 2025 [June 4th, 2025]
- Mi-26s and T-62s: What Russia's military backing of Haftar means for Libya - AL-Monitor - June 1st, 2025 [June 1st, 2025]
- Libyan political parties call for inclusive political process - The Libya Observer - June 1st, 2025 [June 1st, 2025]
- Libya protesters call on PM to quit in third weekly march - The New Arab - June 1st, 2025 [June 1st, 2025]
- Libyan ambassador checks on community in Alexandria after storm - The Libya Observer - June 1st, 2025 [June 1st, 2025]
- Two summits for Egypt, Algeria, and Tunisia on Libya before end of year - The Libya Observer - June 1st, 2025 [June 1st, 2025]
- 11 Sudanese migrants killed in a car crash in the Libya desert, authorities say - ABC News - May 30th, 2025 [May 30th, 2025]
- Libya Arrests Three for Storming NOC Amid Threats to Oil Supply - Crude Oil Prices Today | OilPrice.com - May 30th, 2025 [May 30th, 2025]
- France supports the renewal of the arms embargo on Libya - France ONU - May 30th, 2025 [May 30th, 2025]
- Libya's Eastern Government Warns Of Force Majeure on Oil Ports and Fields - Crude Oil Prices Today | OilPrice.com - May 30th, 2025 [May 30th, 2025]
- Turkey's strategy towards Libya: analysis of regional dynamics and future perspectives - - iari.site - May 30th, 2025 [May 30th, 2025]
- Libya's eastern-based government says it may announce force majeure on oil fields, ports - Reuters - May 28th, 2025 [May 28th, 2025]
- Haftar vows military will have final say at key moments - The Libya Observer - May 28th, 2025 [May 28th, 2025]
- Sharing influence in Libya, Russia and Turkey work for calm after Haftars threats - The Arab Weekly - May 28th, 2025 [May 28th, 2025]
- Tripoli Just Flipped: Why the US Cant Afford to Miss This Moment in Libya - The Times of Israel - May 28th, 2025 [May 28th, 2025]