The recent actions by Libya towards Switzerland are not easy to understand. Calls for dismantling the country, a jihad and an embargo are not the same as an in person visit to the imprisoned Swiss by the son of President Khadafi.
At the same time that contradictory signals are coming from Tripoli, both sides are looking for allies in this bilateral, diplomatic standoff – Switzerland with the European Union and Libya with the Arab League and Maghreb neighbours.
To someone non-versed in diplomacy, it is important to remember the reality of a Swiss citizen being held in jail. While it might be amusing to watch the theatrics of the two parties – after all, a Swiss plane did fly back from Tripoli with only the suitcases of the two hostages after the Swiss President flew to Tripoli without having fully debriefed relevant actors in the Swiss government – there is a citizen being held in a Libyan prison without proper due process after he and his colleague were whisked away in violation of international law.
There are basic principles of legal, diplomatic activity that have been violated.
What to do to unblock the situation? Professors Roger Fisher and William Ury of Harvard wrote the classic text on negotiations called Getting to Yes. The book and method, since developed into a cottage industry, is based on principled negotiation wherein each side understands and follows certain rational moves. Given a defined context, the/method is most helpful in reaching an accepted compromise from both sides.
The obvious problem is when there is no principle. International law, the basis of all diplomacy, is based on pacta sunt servanda, agreements must be kept that have been negotiated in good faith.
The obvious solution to the deadlock between Libya and Switzerland is to return to the basics of diplomacy. Without principled negotiations based on good faith, there can be no law, no diplomacy and no acceptable solution to the standoff.
