Those pesky Security Council resolutions

Posted By David Bosco Wednesday, July 27, 2011 - 4:02 AM Share

As it must, the International Criminal Court reminds Western policymakers that any deal allowing Gaddafi to remain in Libya would violate UN Security Council resolutions, which impose a legal obligation on Libya to cooperate with the court. Via the Guardian:

The international criminal court has dismissed suggestions by Britain and France that Colonel Muammar Gaddafi could be allowed to remain in Libya as part of negotiated deal to remove him from power, insisting that a new government would be obliged to arrest the dictator under warrants issued by the court.

The ICC, which Britain and France have signed up to, said that Gaddafi could not be allowed to escape justice. "He has to be arrested," said Florence Olara, spokeswoman for the court's chief prosecutor, Luis Moreno-Ocampo.

On Monday the foreign secretary, William Hague, said Britain was prepared to agree to a political settlement in Libya that would see Gaddafi remain in the country after relinquishing his hold on power.

If the Council members want to lift that legal obligation on Libya, they know how to do so (Article 16 of the ICC's Rome Statute outlines the procedure for deferral of ICC investigations). But, as usual, the Council members want to have it all: they want to talk grandly about ending impunity but are much less sure about altering their policies to actually do so.

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TONY FLEMING

7:59 AM ET

August 5, 2011

Complementarity

How would complementarity come into play here?

If the NTC announced (in a deal worked out by the UK for example) that it would try Qaddafi, does that abrogate the ICC indictment or halt the investigation? Or must such declarations occur prior to the issuance of a warrant?

AXELBROOK

6:23 AM ET

August 19, 2011

Independent country

Independent country representing developing countries. Mao didn't ally nor with the U.S. nor with the Soviets. It leaded an independent and peaceful demand that was supported by vast number of developing countries, which reinstalled China in the U.S. RIO in 1971 against the American will..