The Case of Libya: Material Support to Terrorism Clare M. Lopez  April 22, 2014

Libya in 2011 marks the place and the time that the United States (U.S.) and the Obama administration formally switched sides in the Global War on Terror (GWOT). A mere 10 years after al-Qa’eda (supported by Hizballah and Iran) attacked the American homeland in the worst act of terrorism ever suffered by this country, U.S. leadership decided to facilitate the provision of weapons to jihadist militias known to be affiliated with al-Qa’eda and the Muslim Brotherhood in order to bring down a brutal dictator who also just happened to be a U.S. ally in the GWOT at the time.

And the U.S. media were silent. The major broadcast, print, and Internet outlets said not a word about this astonishing turnabout in American foreign policy. To this day, they have not seemed even to recognize that the pivot to support al-Qa’eda took place. But it needs to be said. The American people deserve to understand that their most senior leaders, both elected and appointed, have violated their oaths to “preserve, protect, and defend the Constitution of the United States against all enemies, foreign and domestic.”

United States law is quite explicit about providing material support to terrorists: it’s prohibited. Period. 18 U.S. Code § 2339A and 18 U.S. Code § 2339B address Providing Material Support to Terrorists or Designated Foreign Terrorist Organizations. Together, these two sections outlaw the actions of any U.S. person who attempts or conspires to provide, or actually does provide, material support to a foreign terrorist organization knowing that it has been designated a foreign terrorist organization or engages, or has engaged, in “terrorism” or “terrorist activity.” Conspiracy means agreeing or planning to provide such support, whether or not such support ever is actually delivered. Penalties for conspiracy to provide material support to terrorism are stiff: imprisonment for up to 15 years and/or a fine of not more than $250,000. Penalties for actually providing or attempting to provide material support to terrorism are even harsher: imprisonment from 15 years to life, with a life sentence applicable if the death of any person results from such crime. Aiding, abetting, counseling, or procuring in support of a violation of Section 2339B is punishable by the same penalties as for the offense itself.

The Arms Export Control Act is another law that makes it illegal for the U.S. government to export “munitions” to any country determined by the Secretary of State to have “repeatedly provided support for acts of international terrorism.” While this provision applies specifically to those countries—Cuba, North Korea, Iran, and Syria—that are designated as state sponsors of terrorism, the case of Libya stands out nevertheless. Removed from the State Department’s list of state sponsors of terrorism in 2006, Libya by early 2011 was swarming with al-Qa’eda and Muslim Brotherhood militias and affiliates fighting to overthrow Muamar Qaddafi’s regime.

The identities of those jihadis and their al-Qa’eda affiliations were well known to the U.S. Intelligence Community, Department of State, and Tripoli Embassy long before the 17 February 2011 revolt broke out against Muamar Qaddafi. As with other al-Qa’eda branches, the Libyan al-Qa’eda affiliates such as the Libyan Islamic Fighting Group (LIFG) trace their origins back to the Muslim Brotherhood in Libya, which was founded in 1949 when Egyptian Brotherhood members “fled a crackdown in Cairo and took refuge in Benghazi,” according to a May 2012 study by the Brookings Doha Center. Colonel Muamar Qaddafi took over Libya in a 1969 coup d’état and showed little tolerance for Brotherhood activities. Brutal waves of repression kept the Brotherhood in check through the 1980s and 1990s when many Libyan fighters went to Afghanistan to join the mujahedeen in their battle against the Soviet Army. Some of those who fought there, like Abu Anas al-Libi and Abdelhakim Belhadj, would figure prominently in the revolt that ultimately ousted Qaddafi in 2011.

The LIFG was founded in 1990 by Libyan fighters returning from the Afghan jihad who were now intent on waging jihad at home. Qaddafi came down hard on the group, though, and crushed the LIFG’s 1995-1998 insurgency. Some LIFG members had moved to Sudan when Usama bin-Laden and Ayman al-Zawahiri found refuge with Omar al-Bashir’s Muslim Brotherhood regime in the early 1990s and others (including Belhadj) eventually fled back to Afghanistan, where both bin-Laden and al-Zawahiri also had relocated by the mid-1990s. Abu Anas al-Libi is alleged to have taken part in the pre-attack casing and surveillance of the U.S. Embassy in Nairobi, Kenya a few years prior to the 1998 al-Qa’eda attack there.

By 1995, things were becoming hot for the jihadis in Sudan and while bin Laden and al-Zawahiri returned to Afghanistan about this time, others such as Anas al-Libi were offered safehaven by the British. In return for political asylum in the UK, MI 6 recruited Anas al-Libi’s support for a failed 1996 plot to assassinate Qaddafi. In all, Anas al-Libi lived in Manchester from 1995-2000—despite his known history of association with bin Laden, al-Zawahiri, and other AQ leaders, as well as willingness to participate in assassination plots against national leaders, as I wrote in an October 2013 piece at The Clarion Project. The U.S.’s British partners also provided asylum to Abu Abdullah As-Sadeq, the LIFG’s top commander and allowed the LIFG to publish an Arabic language newspaper called al-Wasat in London. By 2000, though, as the FBI and other Western security services began to close in, Anas al-Libi and others were on the move again, leaving behind a 180-page al-Qa’eda terror training manual that became known as the “Manchester Document.” In the run-up to the 11 September 2001 attacks, Anas al-Libi, Abdelhakim Belhadj, Abu Sufian bin Qumu, and other known LIFG members reconnected with bin Laden in Afghanistan. As John Rosenthal points out in a 10 October 2013 posting, “The Inevitable Rise of Al-Qaeda in Libya,” in the immediate aftermath of 9/11, “the history of close cooperation between the LIFG and al-Qa’eda was so extensive that the Libyan group figured among the very first organizations to be designated as al-Qaeda affiliates by the UN Security Council.” In fact, according to Rosenthal who cites former LIFG member, Norman Benotman, Belhadj was actually present with bin Laden at Tora Bora in December 2001. The LIFG was formally accepted as an al-Qa’eda franchise by Ayman al-Zawahiri, the AQ deputy at the time, in 2007.

In the years following 9/11, various LIFG members were detained: Abu Sufian bin Qumu was captured in 2002 and sent to Guantanamo Bay (GITMO) and in 2004, both Abu Anas al-Libi and Abdelhakim Belhadj were captured. By the mid-2000s, GITMO detainees were being released to their home countries. Abu Sufian bin Qumu, for example, was released from GITMO and returned to Libya in 2007. Beginning about 2005, Qaddafi was under pressure from both the U.S. Embassy in Tripoli and his own son, Seif, to begin what came to be known as “the reconciliation process,” in which LIFG and other jihadist prisoners were released from Libyan jails. In this process, LIFG Muslim Brotherhood cleric Ali Mohammad Al-Sallabi was a key mediator. Abdelhakim Belhadj was released in 2008 (just as Christopher Stevens was appointed Deputy Chief of Mission to Tripoli) and Abu Sufian bin Qumu in 2010, after which he returned to Derna to begin plotting the revolt against Qaddafi.

Even as this “reconciliation process” was underway and Christopher Stevens was preparing for his new posting, Libyan jihadis were flowing out of eastern Libya in droves to join the al-Qa’eda jihad against U.S. and coalition forces in Iraq. According to a June 2010 study compiled by the Combating Terrorism Center at West Point, “Al-Qa’ida’s Foreign Fighters in Iraq,” coalition forces in Iraq captured a stash of documents in October 2007 which documented the origins of the foreign fighters who’d traveled to Iraq to join al-Qa’eda between August 2006 and August 2007. Termed the “Sinjar Records” after the nearest town where these personnel records were found, the data showed that by far the largest contingent of foreign fighters per capita came from Libya. Across the spectrum, the most common cities of origin for foreign fighters in Iraq were Darnah, Libya and Riyadh, Saudi Arabia. Darnah is located in the eastern Cyrenaica region of Libya, long known as an incubator of jihadist ideology and the place which would become the cradle of the 2011 Islamic uprising against Muammar Qaddafi.

Nor was the new Deputy Chief of Mission (DCM) Christopher Stevens unaware of what was going on. A June 2008 cable from the U.S. Embassy in Tripoli that went out over Stevens’ signature was obtained by the London Telegraph from Wikileaks. The report was given the name “Die Hard in Derna,” after the Bruce Willis movie, and described the determination of the young jihadis of this eastern Libyan town to bring down the Qaddafi regime. Because they believed the U.S. government supported the Qaddafi regime and would not allow it to fall after it had abandoned its Weapons of Mass Destruction (WMD) programs and begun to provide counter-terrorism support, and as documented in the West Point study of the “Sinjar Records,” the Libyan Islamic Fighting Group (LIFG) instead sent its fighters to confront the U.S. in Iraq, believing that was a way to strike a blow against both Qaddafi and his U.S. backers. A local Derna resident told the visiting Embassy officer that Libyan fighters who had returned from earlier battlefields in Afghanistan (1980s) and elsewhere sometimes went on for additional “religious training” in Lebanon and Syria; when they eventually returned to Libya in the late 1980s and early 1990s, they began the process of preparing the ground for “the eventual overthrow by the Libyan Islamic Fighting Group (LIFG) of Muammar Qadhafi’s regime…”

Career Foreign Service Officer Christopher Stevens was first posted to the American Embassy in Tripoli, Libya in June 2007 as the DCM and later as charge d’affaires until 2009. For his second tour in Libya, Stevens was sent to rebel headquarters in Benghazi, Libya, to serve as special representative to the Libyan Transitional National Council. He arrived on a Greek cargo ship on April 5, 2011 and stayed until November. His mission was to forge stronger links with the Interim Transitional National Council, and gain a better understanding of the various factions fighting the Qaddafi regime. His reports back to Washington were said to have encouraged the U.S. to support and recognize the rebel council, which the Obama administration did formally in July 2011.

As is now known, under urging from Sen. John McCain and other Congressional members, the White House endorsed Qatar’s plan to send weapons to the Libyan rebels shortly after Yousef al-Qaradawi, the senior jurist of the Muslim Brotherhood, issued a 21 February 2011 fatwa that called for the killing of Qaddafi. Seeking a “zero footprint,” no-paperwork-trail profile itself, the U.S. instead encouraged both Qatar and the United Arab Emirates (UAE) to arm the Libyan jihadis, according to a key New York Times article published in December 2012. Knowing full well exactly who those rebel militias and their leadership were, and how closely they were connected with al-Qa’eda (and perhaps even mindful of the legal restrictions on providing material support to terrorism), the U.S. sought to distance itself as the source of these weapons, which included small arms such as automatic rifles, machine guns, and ammunition. The NY Times piece noted that U.S. officials made sure to stipulate the weapons provided would come from elsewhere, but not from the U.S.

But the fact that from the end of March 2011 onward, U.S. and other NATO forces completely controlled Libyan air space and the sea approaches to Libya means that the cargo planes and freighters transporting the arms into Libya from Qatar and elsewhere were being waved through with full U.S. knowledge and support. The U.S. mission in Libya, and especially in Benghazi, ramped up in this period to facilitate the delivery of the weapons to the Libyan al-Qa’eda terrorists.

What followed should hardly have come as a surprise to anyone. After NATO air support cleared the way to Tripoli, the Qaddafi regime fell in October 2011 and the Muslim Brotherhood political leadership and al-Qa’eda fighters took over. Abdelhakim Belhadj was named Tripoli military commander. Chaos reigned, especially in the eastern regions, and now the weapons flow reversed—out of Libya, and into the hands of jihadis in West Africa, the Sinai, and Syria. Some of that flow was wildly disorganized and some of it was directed, with the U.S. mission in Benghazi once again playing a key role as its teams on the ground facilitated the weapons delivery, now destined for the Syrian rebels, dominated by al-Qa’eda and the Muslim Brotherhood, who were fighting to overthrow the Bashar al-Assad regime. In this endeavor, the U.S. was allied with its new Libyan partner, Saudi Arabia, Turkey, and once again, with Qatar.

The next chapter in the U.S. jihad wars was underway, with a new Presidential Finding, and material support to terrorism firmly established as official policy. Congress and the media and the military remained silent. The American people barely noticed.