Security Council Resolution on Libya Suggests a New Relationship With the Court

On Saturday, Feb. 26, the UN Security Council unanimously adopted Resolution 1970 to address the ongoing crisis in Libya and to refer the situation there to the ICC prosecutor. Since Libya is not a state party to the Rome Statute, the referral provides the basis for ICC jurisdiction over alleged crimes committed in Libya since Feb. 15. It invites, but cannot require, the prosecutor to open an investigation into crimes within the court’s jurisdiction. This resolution may mark the beginning of a new era in the work of the court and in its relationship with the US. It is quite possible that there will be further referrals, supported by the US, of the cases of fallen leaders in other countries in the Middle East.