Last week, I wrote about Russia's prodding of the International Criminal Court to investigate any NATO war crimes in Libya. In that post, I argued that the UN Security Council resolution referring the Libya situation to the court precluded prosecutions of non-ICC member state nations. Not so fast, says Kevin Jon Heller, writing at Opinion Juris. He argues that the Security Council can't refer only part of a situation to the court: "Paragraph 6 of Res. 1970 might have made non-member NATO states feel better about the ICC referral, but it does not prohibit the ICC from prosecuting their nationals."
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