The impact of SC Res. 1970/2011 on the obligations of U.N. Member States under the Rome Statute and some reflections on the immunities of Libyan officials

The unanimously decided referral of the situation in Libya to the International Criminal Court (ICC) by virtue of the Security Council Resolution 1970/2011, undoubtedly confirms the Court’s position at the vanguard of the efforts of the international community to put an end to impunity. The adoption of Resolution 1970 is also evidence that the recognition of the Rome Statute as a truly universal instrument is not confined only among the States Parties thereto, but it merely acquires a significantly broader resonance. In view of the triggering of the Court’s jurisdiction over Libya, a preliminary assessment of the legal consequences of Resolution 1970 to the obligations of UN Member States under the Rome Statute is essential. Given the fact that the issue of international law immunities of Libyan officials could be of a particular relevance in the context of the Court’s involvement in the situation in Libya, an analysis in this regard will presumably be of some practical value...(more)...