The criticism directed at Abdulhamid Dbeibeh, the Prime Minister of Libya’s interim Government of National Unity, has intensified following the disclosure of the terms of a “Memorandum of Understanding” signed with Turkey in March. Turkish media have revealed the details of the memorandum signed nearly six months ago between Dbeibeh and Ankara, which concerns the status of Turkish troops in Libya. President Recep Tayyip Erdoğan submitted it to the Turkish Parliament on August 12. The memorandum consists of 24 clauses and revolves around “extensive privileges and legal immunity” for Turkish forces in western Libya, which Libyans have described as “total submission” to Ankara. Among these clauses is the provision that “any crimes committed by Turkish military personnel while performing their official duties will be subject to Turkish law, whereas any crimes committed outside their duties will be governed by Libyan laws or the penalties agreed upon in the legislation of both countries.” Upon the dissemination of the memorandum’s contents, criticism of Dbeibeh surged, with some labeling it as a “disgraceful agreement,” while Libyan political analyst Arab Al-Warfali deemed it sufficient to “ignite Libyan cities against Turkish colonization.”
The agreement also includes provisions for “the Government of Western Libya to cover the fuel and other logistical needs of all Turkish military vehicles free of charge,” and “the Turkish forces have the right to sign contracts with contractors in Libya for the provision of goods; if these are not secured locally, external contractors will be engaged, with the Libyan government covering the costs.” Political factions had previously expressed discontent with the memorandum, while the Government of National Unity remained silent on the circulating reports. Many observers view the agreement as infringing on Libya’s sovereignty and threatening its national security, calling for an investigation into its terms. Turkey and the Western Libyan authorities have maintained extensive cooperative relations since Ankara supported Tripoli militarily in the war against the National Army’s assault on the capital in April 2019.
Swedish online media “Nordic Monitor” revealed that Turkish President Recep Tayyip Erdoğan had submitted a memorandum to the Parliament regarding the status of Turkish forces currently stationed in Libya. According to the report, the agreement, which emphasizes “deepening military cooperation between the two countries,” grants Turkish troops broad legal protection and logistical support while operating in Libyan territory. The memorandum, presented by Erdoğan on August 12 and signed on March 1, builds on previous understandings, including a 2012 military training cooperation memorandum and a 2019 security and military cooperation memorandum. Turkey will support the restructuring and training of the Libyan Armed Forces and security forces in direct response to Libya’s request for assistance, aimed at enhancing the country’s defensive capabilities.
The media highlighted Article 11, which stipulates that any crimes committed by Turkish military personnel while performing their official duties or within their responsibilities will be exclusively subject to Turkish law, meaning that Turkish personnel are effectively protected from the Libyan legal system regarding their official duties, thereby reinforcing Turkish judicial authority over its forces abroad. Crimes committed outside official duties fall under Libyan jurisdiction, with special provisions ensuring that any judgments align with the legal frameworks of both countries, according to documents published by “Nordic Monitor.”
Nordic Monitor noted that the agreement grants Turkish forces significant operational freedoms in Libya, with Article 12 allowing Turkish personnel to carry personal and military weapons and wear their official uniforms while on duty, reflecting a high level of operational independence. Additionally, Article 7 provides Turkish forces with unrestricted access to Libyan airspace and territorial waters, exempting them from seizure or local accusations, further highlighting the operational freedom granted to Turkish troops. The memorandum also facilitates logistical and operational efficiency by allowing Turkish forces to establish and manage their own communication systems, as detailed in Article 9. This article permits the installation of wired and wireless communication systems, ensuring smooth coordination between Turkish units and command centers in Turkey. Furthermore, Turkish forces are permitted to set up postal offices, bank branches, and recreational facilities within their designated areas, according to Article 16 of the memorandum.
The Swedish research center indicated that the Libyan government is committed to providing extensive logistical support to Turkish forces, one of the key clauses of the memorandum. Article 9 obliges Libya to cover the costs of essential services, such as electricity, water, sewage, and internet, at facilities used by Turkish forces, all free of charge. Article 7 also provides fuel and other logistical needs for Turkish vehicles, whether by land, sea, or air, at no cost to Turkey. In addition to logistical support, the memorandum provides significant financial exemptions for Turkish forces, with Article 14 exempting all imports and exports related to Turkish military activities from any Libyan taxes or duties. This clause ensures that Turkey can supply its forces without the financial burdens typically associated with international deployments. Article 8 specifies that the costs of contracts and purchases made by Turkish forces in Libya, whether locally or from abroad, will be covered by the Libyan government, following consultations with Libyan authorities, according to the Swedish site. The memorandum is set to remain in effect for three years, with automatic renewal for one year unless either party notifies the other of their intention to terminate the agreement. Turkey’s close relations with the Libyan government in Tripoli have been accompanied by increasing Turkish military presence in the country over the years. At the end of 2023, the Turkish Parliament approved a presidential proposal to extend the Turkish military mission in Libya for 24 months.
Erdoğan has emphasized the importance of the Turkish Navy’s presence in the region, stating that the government’s goal is to ensure national security against potential threats, including mass migration and terrorism, through the approved decision. With financial support from Qatar, Turkey has actively engaged in arming, training, and supporting factions allied with Erdoğan’s government in Libya since 2011. Turkey has even gone so far as to send Syrian fighters to Libya as mercenaries, paying them monthly salaries and promising them and their families Turkish citizenship. The selection of these fighters was carried out by the Turkish intelligence agency, which has cooperated with jihadist groups in Syria since 2011 with the aim of overthrowing President Bashar al-Assad.
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