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Libya’s Judicial Civil War and the End of the ‘One State’ Illusion

59 20
17.02.2026

On February 15, 2026, the fiction of a unified Libyan state officially dissolved, not with the roar of artillery, but with the silent fall of a gavel in a Benghazi courtroom. The Supreme Constitutional Court’s ruling to strip Abdullah Abu Raziza—the Tripoli-based head of the Supreme Court—of his legitimacy is the definitive institutional decapitation of the Libyan legal system. While the international community remains fixated on the “February 17 Revolution” anniversaries and the glittering drone shows in Tripoli’s Martyrs’ Square, the bedrock of the state has been hollowed out. Libya is no longer a country with two governments; it is a territory with two incompatible legal realities.

For over a decade, the United Nations and Western diplomats have treated Libya as a patient in rehabilitation, perpetually “one structured dialogue” away from recovery. This latest ruling proves that the patient has already undergone an unannounced amputation. By creating a judicial civil war, the Libyan political class has ensured that no national election can ever be legally certified. Lawfare has replaced warfare as the primary tool of institutional paralysis, and the result is a permanent state of “administrative processing” where the country is stuck in a loop that leads nowhere.

The Judicial Guillotine and the “Red Line”

The Benghazi-based court’s decision was clinical. By declaring the appointment of Abu Raziza unconstitutional and nullifying the Tripoli court’s power to hear constitutional appeals, the Eastern authorities have shattered the last “thin thread” holding the idea of a unified Libya together. In any functioning democracy, the Supreme Court is the final arbiter of truth. In Libya, it has become the latest trench in a war of attrition.

The response from Tripoli has only deepened the abyss. The High State Council (HSC), led by Mohamed Takala, has now placed a “red line” around judicial independence. By conditioning any further negotiation with the House of Representatives (HoR) on a pre-emptive agreement over judicial organization, the HSC has effectively locked the door to the political process. This isn’t a defense of the law; it is the weaponization of the bench. The HSC insists that the HoR cannot act alone in legislating for the judiciary, while the HoR views itself as the sole legitimate legislative body. This is a classic Libyan stalemate: a circular argument where the only outcome is the continued survival of the status quo.

The UN’s “Structured Delusion”

While the legal foundations were being dynamited, UN Special Envoy Hanna Tetteh was in Tripoli praising “tangible progress” and “structured dialogue.” There is a profound, almost dark irony in the UN’s optimism. As institutional legitimacy evaporates, the “Diplomatic Industrial Complex” continues to host reconciliation meetings in luxury hotels, ignoring the fact that the very institutions required to oversee an election are currently setting themselves on fire.

The UN is trying to build a house of democracy on a foundation of judicial ruins. They speak of a “Libyan-led” solution while the Libyans leading the charge are busy dismantling the possibility of a unified state. The reality is that the “national dialogue” has become a self-sustaining industry that thrives on the pretense of a singular entity. To admit otherwise would be to admit the total failure of the decade-long international mission.

Drones, Bayonets, and the Illusion of Sovereignty

As the judicial crisis reached its peak, the Tripoli-based Government of National Unity (GNU), led by Abdul Hamid Dbeibah, was busy trading national sovereignty for short-term survival. The recent visit of Chief of Staff Salah Al-Namroush to Ankara to expand military cooperation with Turkey is a clear signal: Tripoli has given up on institutional legitimacy and is instead betting on foreign military protection.

Dbeibah’s plan to celebrate the revolution’s anniversary with the largest-ever drone light show is a perfect metaphor for his entire administration—a high-tech spectacle designed to distract from a crumbling reality. You cannot celebrate a “revolution” that has resulted in the total evaporation of the rule of law. The Turkish deal, focused on “technology transfer” and “training,” is another brick in the wall of a permanent Turkish presence in North Africa.

Simultaneously, the East is pursuing its own parallel international track. The meeting between Michael Boulos, senior advisor to the U.S. President, and Saddam Haftar in Munich highlights the deepening schism. While Tripoli leans on Ankara, the East is positioning itself as a partner in the “Flintlock” military maneuvers and Western security frameworks. Libya is no longer a sovereign state negotiating its future; it is a map being colored in by foreign interests.

The Death of the Election Fantasy

The February 15 ruling represents the definitive death of the election roadmap. For an election to be credible, there must be a unified judiciary capable of verifying the eligibility of candidates—including controversial figures like the Haftar family. It requires a singular bench to adjudicate disputes in voting results and certify final outcomes.

With the current judicial split, every single one of these steps has become an impossibility. If a candidate is disqualified in Benghazi but approved in Tripoli, which ruling stands? If the East rejects the vote count, which Supreme Court has the final say? The answer is neither. This institutional deadlock is not an accident; it is a feature designed by the Libyan elite to ensure they never have to face the ballot box. They have realized that as long as the country remains legally fractured, they can continue to rule their respective fiefdoms indefinitely, funded by oil revenues that are increasingly “managed” rather than governed.


© The Times of Israel (Blogs)