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UNITED NATIONS — The United Nations Security Council plans to put forth a draft resolution that would authorize Europe to use military force to stop migrant smuggling boats that set off from Libya across the Mediterranean Sea, signaling the Continent’s resolve to stanch the tide of migrants fleeing the Middle East and North Africa.
The measure, which is likely to be discussed with the European Unionforeign minister, Federica Mogherini, on Monday when she is scheduled to meet with the Security Council, raises a host of tricky legal and diplomatic issues, including whether to offer safe passage to the people on those boats or return them to Libya or their countries.
International law prohibits countries from returning migrants who are fleeing persecution in their own countries.
The discussions on the Security Council come as hundreds of migrantshave died at sea while trying to reach Europe, many on frail dinghies.
The International Organization for Migration has recorded a death toll of more than 1,800 so far this year.
United Nations diplomats said this week that the draft resolution would authorize European troops to conduct military operations not only in international waters, but also on Libyan soil and in Libya’s territorial waters under Chapter VII of the United Nations Charter, which authorizes the use of force.
“This is designed to be an upstream measure to prevent this from happening,” one Council diplomat said Wednesday. It could be adopted by mid-May.
One issue for the Council is whether Libya would have to consent to a military operation on its soil.
This is especially thorny because there are two rival Libyan governments and they are engaged in delicate political negotiations mediated by the United Nations.
The United Nations mission of the internationally recognized Libyan government did not respond to a request for comment.
The draft measure was proposed by European members of the Council, as well as by Italy, which bears the principal burden of rescuing migrants who try to cross the Mediterranean Sea.

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