War Crimes Investigation of Libya, with a Big Exemption

U.S. Support for War Crimes Investigation of Libya Hinged on Exemption for Americans

March 2, 2011 - In an effort to hold Libya accountable [1] for its violent crackdown on protesters, the U.S. and other members of the United Nations Security Council voted in favor of a resolution [2] asking the International Criminal Court to investigate whether the Libyan government has committed crimes against humanity. The ICC announced today [3]that an investigation was found to be warranted and would proceed.

As the Associated Press has noted, it’s the first time that the U.S. has voted in favor of the war crimes court but in keeping with its longtime fear of being prosecuted by the ICC, the U.S also included in the resolution a carve-out [4] for itself. The AP reports that the provision was a "deal breaker" for the U.S.:

The United States insisted on including a provision in the resolution to protect Americans from investigation or prosecution by the International Criminal Court, known as the ICC. It requires that any citizen of a country that hasn't joined the ICC be investigated or prosecuted in his home country - not by the ICC - for any alleged actions stemming from operations in Libya authorized by the Security Council. {continued}