Britain Gives NTC a Boost

One could say that this was clearly the case of the other shoe dropping. Britain has closed down its embassy in Tripoli while opening a legation in Benghazi, the capital of the Libyan insurgents. Therefore the announcements that Britain is recognizing the National Transitional Council (NTC) and is expelling the diplomats loyal to Muammar Qaddafi should come as no surprise..

The recognition of the insurgents as the official regime in Libya has tangible repercussions. Libyan assets, starting from the Libyan Embassy in London as well as state bank deposits and other assets, can now be turned over to the insurgents, providing them with financial oxygen.

As no side in the Libyan Civil War exercises clear control over the country, the recognition marks a reversal of traditional British policy. Until now, Britain followed the declarative approach to recognition. This meant that Britain, on deciding which regime to recognize, would put ideology and personal tastes aside and would simply declare who was  in control. The opposing constitutive approach believes that a government, in addition to exercising control, must meet certain moral standards to be worthy of recognition.

Following this policy, during the many years that the United States did not recognize the Communist regime in China, Britain recognized Communist China and maintained its embassy there.

Now Britain's Foreign Minister William Hague appears to be adopting the constitutive approach. He justified the recognition of NTC at a Foreign Office news conference on the basis of "the National Transitional Council's increasing legitimacy, competence and success in reaching out to Libyans across the country"

Hague continued: "Through its actions, the National Transitional Council has shown its commitment to a more open and democratic Libya, something that it is working to achieve in an inclusive political process."

Up to now, such a consideration was irrelevant to British recognition policy which was never a reward for good behavior, but simply an acknowledgment of who was in control.