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Libyan troops being trained by Irish firm a headache for Government and Garda

For Irish Government officials, the first step was determining under whose remit the controversy falls

Uniform Insignia of Irish Training Solutions (right) beside Libyan 166th Infantry Brigade badge. Irish Training Solutions was founded by former Defence Forces and Army Ranger Wing personnel and trained the brigade last year.

Conor Gallagher's face
Conor Gallagher
Thu Apr 4 2024 - 06:00

The revelation that former Defence Forces personnel trained the forces of a rogue Libyan general in apparent breach of an UN arms embargo caused some furrowed brows in several Government departments yesterday.

As detailed in an Irish Times investigation published on Wednesday, former members of the elite Army Ranger Wing are being paid significant sums of money to train a special forces unit for Khalifa Haftar, the Russian-backed head of the Libyan National Army and a rival to Libya’s UN-recognised government in Tripoli.

For Irish Government officials, the first step was determining under whose remit the controversy falls. This was easier said than done. After some back and forth between various departments, it was determined the issue is chiefly a matter for the Department of Enterprise which enforces non-financial sanctions imposed by the EU and UN.

“The Department of Enterprise, Trade & Employment has confirmed it has now commenced an investigation into these allegations as the relevant competent authority,” a spokesman for the Tánaiste said on Wednesday morning. “This investigation is at an early stage and all avenues will be pursued.”

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This investigation seems to have concluded with remarkable speed. On Wednesday evening the department had determined the issue was not its responsibility. A spokeswoman said it “has examined the allegations and are referring the matter to An Garda Síochána”.

[ Activity of former Defence Forces members in Libya referred to Garda ]

The Garda had already told The Irish Times before the story broke that “at this point, nothing has emerged to suggest a breach of Irish criminal law”.

How ex-Irish soldiers are training a rogue Libyan militia

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On Wednesday it confirmed it had received the referral and would assess whether it warranted a formal criminal investigation.

Irish officials have some experience in investigating potential breaches of sanctions. However, these mostly relate to the use of alleged Irish-made technology by sanctioned countries.

For example, last year trade officials investigated the use of components branded with an Irish company’s logo in an Iranian drone, operated by Russia, that was shot down over Ukraine.

However, neither the Garda nor the department has experience in dealing with companies which provide military training in contravention of a UN arms embargo.

The UN Security Council agreed an arms embargo on Libya in 2011 in a vain attempt to prevent the country from being torn apart by armed groups. The text of the resolution leaves little room for doubt that it applies not just to the importation of weapons and military equipment but also to the provision of military training.

[ Who is Khalifa Haftar and what is the UN arms embargo on Libya? ]

“All member states shall immediately take the necessary measures to prevent the direct or indirect supply, sale or transfer ... by their nationals ... of arms and related materiel [sic] of all types, including ... technical assistance, training ... related to military activities ... including the provision of armed mercenary personnel whether or not originating in their territories,” it states in the dense language typical of security council resolutions.

This resolution was subsequently adopted and strengthened by the council of the EU and repeatedly renewed. It has also been transposed into Irish law, which makes breaches of the embargo punishable by up to three years in prison and a maximum fine of €500,000.

Those in breach of sanctions could also face being sanctioned themselves, either by the EU or US. The consequences are potential asset freezes and travel bans.

Nevertheless, it remains an untested area of Irish law and there is no guarantee anyone will face any consequences.

For now, the Government’s main concern is one of reputational damage. The fact that former members of the State’s elite special forces unit are providing training to a controversial character of Haftar’s standing could cause significant headaches for officials.

The UN and EU will be watching developments closely, as will the Biden administration in the US which is keen to counter the expansion of Russian influence in Libya. Russia and the Wagner Group have backed Haftar against Libya’s official UN-recognised government, including through the supply of training and weapons.

In response, US private military contractors have deployed to Libya to support opposition rebel groups and the UN-backed regime in Tripoli.

All of this creates a labyrinth for the Irish Government officials and the Garda to navigate.

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