Turkey-Libya deal grants Turkish forces broad operational freedoms and legal immunity

Levent Kenez/Stockholm

Turkish President Recep Tayyip Erdogan submitted to parliament on August 12 a memorandum of understanding regarding the status of Turkish forces currently stationed in Libya. The agreement, which underscores the deepening of military cooperation between the two countries, grants Turkish forces broad legal protections and logistical support during their operations on Libyan soil.

The memorandum, signed on March 1 in Antalya, builds on previous agreements, including the Memorandum of Cooperation on Military Training signed in 2012 and the Memorandum of Cooperation on Security and Safety signed in 2019. Turkey will support the restructuring and training of the Libyan armed forces and security forces. This initiative directly responds to Libya's request for assistance, aimed at strengthening the country's defense capabilities.

One of the most notable aspects of the MoU is the broad legal immunity it grants to Turkish forces operating in Libya. According to Article 11, any crimes committed by Turkish military personnel in the exercise of their official duties or within the scope of their responsibilities will be governed exclusively by Turkish law. This means that Turkish personnel are effectively protected from the Libyan legal system in matters related to their official duties, thereby strengthening Turkey’s jurisdictional authority over its forces abroad. However, crimes committed outside of official duties will fall under Libyan jurisdiction, with special provisions ensuring that penalties are consistent with the legal frameworks of both countries.

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The agreement also grants Turkish forces significant operational freedom in Libya. Article 12 allows Turkish personnel to carry personal and service weapons and wear their official uniforms while on duty, reflecting a high level of autonomy in their operations. Additionally, Article 7 grants Turkish forces unrestricted access to Libyan airspace and territorial waters, exempting them from any seizure or local burden, further underscoring the operational latitude granted to Turkish forces.

The MoU also facilitates logistical and operational efficiency by allowing Turkish forces to establish and manage their communications systems, as specified in Article 9. This article authorizes the installation of wired and wireless communications systems, ensuring seamless coordination between Turkish units and with command centers in Turkey. In addition, Turkish forces are authorized to establish post offices, bank branches, and recreational facilities in their assigned areas, as specified in Article 16.

The Libyan government has committed to providing significant logistical support to Turkish forces, a key element of the MoU. Article 9 obliges Libya to cover the costs of essential services such as electricity, water, sewage and internet at facilities used by Turkish forces free of charge. Additionally, Article 7 specifies that fuel and other logistical needs of Turkish vehicles, whether land, sea or air, will be provided to Turkey free of charge.

In addition to logistical support, the MoU provides for significant financial exemptions for Turkish forces. Article 14 exempts all imports and exports related to Turkish military activities from any Libyan taxes, fees, or duties. This provision ensures that Turkey can supply its forces without the financial burdens typically associated with international deployments. Furthermore, Article 8 stipulates that the costs of contracts and purchases made by Turkish forces in Libya, whether locally or abroad, will be covered by the Libyan government, after consultation with the Libyan authorities.

The MoU is expected to remain in force for three years, with the possibility of an automatic one-year renewal, unless one party notifies the other of its intention to terminate the agreement.

Turkey's close ties with the Libyan government have been accompanied by an increasing military presence in the country over the years. In late 2023, a presidential motion proposing a 24-month extension of the Turkish military mission in Libya was approved by the Turkish parliament.

Stressing the importance of the Turkish Navy's presence in the region, President Erdogan said the government's goal is to ensure national security against potential threats, including mass migration and terrorism, through the approved motion.

With financial support from Qatar, Turkey has been actively engaged in arming, training and supporting factions aligned with the Erdogan government in Libya since 2011.

Turkey even sent Syrian fighters to Libya as mercenaries, paying them monthly salaries and promising Turkish citizenship to them and their families. The selection process for these fighters was conducted by the Turkish intelligence agency MIT, which has been collaborating with jihadist groups in Syria since 2011 in an effort to overthrow President Bashar al-Assad.

Playing a crucial role in the military success of the UN-backed Government of National Accord (GNA) against the rebel opposition led by Khalifa Haftar, Turkey has supplied weapons, ammunition, and drones and organized Syrian mercenaries and jihadists to fight Haftar. Furthermore, on January 2, 2020, the Turkish parliament authorized the government to deploy military forces to Libya following a security cooperation agreement.
Haftar's attempt to seize Tripoli was abruptly halted after Turkey intervened with the supply of Bayraktar TB2 multipurpose drones, manufactured by the Turkish company Baykar Makina, headed by Erdogan's son-in-law Seluk Bayraktar.

Beyond ideological support, Erdogan has openly acknowledged the strategic importance of Libyan oil and gas resources for Turkey. In a joint press conference with former Libyan Prime Minister Fayez al-Sarraj in Ankara on June 4, 2020, Erdogan unveiled plans to expand cooperation, including exploration and drilling operations, to exploit the natural resources of Libyan territory.

In November 2020, Turkey and the GNA signed a military cooperation pact and a maritime demarcation agreement. While the maritime agreement, not recognized by any other Mediterranean country, demarcates the continental shelf and the Turkish-Libyan exclusive economic zone (EEZ), the security agreement allows the Turkish government to deploy its troops in Libya.

A report submitted to the UN Security Council on May 24, 2022, details the findings of UN investigators, indicating that the Turkish government continues to violate UN sanctions by sending equipment and providing training to various factions in Libya.

The UN assessment concluded that a significant portion of Turkey’s military training falls under the sanctions regime, in contravention of UN Resolution 1970 (2011). The report states that the only potential exemption applies to certain types of training, such as munitions disposal, which could be categorized as humanitarian training. However, the UN Security Council has explicitly banned combat, special forces and sniper training.