Did NATO Violate International Law in Libya? Will the ICC Investigate?
The legality of NATO’s action in Libya seems to me fairly straightforward. I understand that there are some quibbles about whether NATO exceeded its mandate under the UN Security Council Resolutions. But I don’t think there is a very strong case, as a question of jus ad bellum. Then again, the hard left (in the form of Dennis Kucinich) and, more seriously, various African notables plainly disagree.
A COALITION of 200 prominent African scholars, professionals and politicians — including Thabo Mbeki and former government ministers Ronnie Kasrils and Alec Erwin — yesterday accused western nations and the International Criminal Court of “subverting international law” in Libya…..
“Increasingly, we have seen how the UN, especially the Security Council, has been misused to militarise policy, legalise military action and effect regime change,” said University of Johannesburg professor Chris Landsberg. He was speaking at a press briefing in Johannesburg to communicate the group’s open letter to the international community.
“It’s unprecedented for the UN Security Council to outsource military intervention to Nato.”
Prof Landsberg challenged the International Criminal Court to investigate Nato for “violating international law”.
I think the ICC probably does have some very small and thin basis for opening an investigation into NATA, but I don’t think it will. Nor should it.