More muddiness on the ICC and Libya

FP’s Josh Rogin has an exclusive interview with White House aide Ben Rhodes on Libya developments. On the ICC front, where U.S. policy has been a bit murky, Rhodes appeared to muddy things further. According to Rogin, Rhodes said this on the issue: We believe it’s something that the Libyans and the [Transitional National Coalition], ...

By , a professor at Indiana University’s Hamilton Lugar School of Global and International Studies.

FP's Josh Rogin has an exclusive interview with White House aide Ben Rhodes on Libya developments. On the ICC front, where U.S. policy has been a bit murky, Rhodes appeared to muddy things further. According to Rogin, Rhodes said this on the issue:

FP’s Josh Rogin has an exclusive interview with White House aide Ben Rhodes on Libya developments. On the ICC front, where U.S. policy has been a bit murky, Rhodes appeared to muddy things further. According to Rogin, Rhodes said this on the issue:

We believe it’s something that the Libyans and the [Transitional National Coalition], were they to capture Qaddafi, would then be in charge of, in consultation with the ICC. Were he to go to any third country, they would have an obligation to turn him over to the ICC.

The first sentence more or less mirrors what UN ambassador Susan Rice said yesterday–that the Libyan authorities and the ICC need to discuss what will happen with Qaddafi. But the second sentence is downright confusing. The UN Security Council resolution giving the ICC jurisdiction over Libya makes clear that non-ICC members do not have any obligations to the court. The resolution only "urges" them to work with the court. Absent further Council action, I don’t see how one can argue that a third-state that is not an ICC member faces any legal obligation to turn over Qaddafi.

David Bosco is a professor at Indiana University’s Hamilton Lugar School of Global and International Studies. He is the author of The Poseidon Project: The Struggle to Govern the World’s Oceans. Twitter: @multilateralist

Tags: ICC, Libya

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