UNITED NATIONS, March 23 -- When the UN Security Council referred the case of Libya to the International Criminal Court in its Resolution 1973, the United States demanded and got an exemption for citizens of countries which are not members of the ICC's Assembly of State Parties to the Rome Statute.
Inner City Press first reported on this loophole, then asked US Ambassador to the UN Susan Rice if it might allow certain possible war crimes to be exempt from the ICC referral. Rice responded that she doubted the ICC would go after “small” mercenaries.
But now, even of the first twelve countries which have provided notice to the UN under Security Council Resolution 1973, several beyond the United States are not ICC members. That is, if they dropped bombs on civilians -- even intentionally -- they would be exempt from any referral to or prosecution by the ICC, thanks to the loophole the US demanded for itself.
Both Arab countries which have provided notice, Qatar and the United Arab Emirates, are not members of the ICC, and therefore exempt from referral to the ICC. So too with Ukraine, which has provided notice (but see this other story).
The UK has claimed that Kuwait will soon be joining -- but it has not joined the ICC.
And while Turkey has said it will offer humanitarian help without providing UN notice, it is not a member of the ICC either.
What hath the US wrought? Watch this site.
