On April 5

On this day in ...
... 1986 (25 years ago today), a bomb exploded in a Berlin discotheque popular with American servicemembers and filled at the time with nearly 500 women and men. Killed as a result of the bombing of the club called La Belle were 2 U.S. soldiers and a Turkish woman. More than 200 persons, among them many Americans, were injured. (credit for photo of plaque commemorating tragedy) The bombing touched off tit-for-tat retaliations: an April 1986 U.S. bombing in Libya that claimed the life of the daughter of Libya's leader, Moammar Gadhafi, followed by the 1988 explosion over Lockerbie, Scotland, of a jet carrying many U.S. and British passengers. The incidents have garnered new scrutiny recently on account of Security Council-authorized action against Libya.

(Prior April 5 posts are here, here, and here, and here.)

ICC referral: sweet, or bittersweet?

Some sweet irony in the referral of the Gadhafi regime to the International Criminal Court.
As watchers of the Hague-based court at left well know, longtime Libyan leader Moammar Gadhafi long has been a thorn in the ICC's side.
It's not just that Libya's not a party to the Rome Statute of the ICC. As the map below shows, the same holds true of many of its Arab neighbors -- and of certain very large states to the west and east of Libya.
Rather, Libya's particularly prickly relation to the ICC stems from Gadhafi's efforts to exerts his brand of leadership on the African continent.
To cite an example: It's no accident that, as Pittsburgh Law Professor Charles Jalloh, among others, has noted, the 1st African Union resolution condemning the ICC's pursuit of Sudanese President Omar al-Bashir occurred at a meeting in Libya.
Libya also is a member of the Human Rights Council, formed in 2006 as a means better to promote human rights within U.N. member states and throughout the world.
The Human Rights Council broke with Libya on Friday, as we posted here and here. Reports that the Gadhafi regime had ordered aerial attacks and street-thuggery against its own, unarmed civilians compelled the Council unanimously to urge the General Assembly to suspend Libya's U.N. membership.
Last night the Security Council went giant steps further, not only imposing sanctions and an arms embargo, but also referring the Libya matter to the ICC. The vote was unanimous among the T-10 and P-5 alike: ICC nonparty China put aside earlier-reported misgivings, and the United States, another ICC nonparty, openly supported an ICC referral for the 1st time ever.
Here're the pivotal paragraphs of Security Council Resolution 1970 (February 26, 2011):

The Security Council,
....
Acting under Chapter VII of the Charter of the United Nations, and taking measures under its Article 41,
....
ICC referral
4. Decides to refer the situation in the Libyan Arab Jamahiriya since 15 February 2011 to the Prosecutor of the International Criminal Court;
5. Decides that the Libyan authorities shall cooperate fully with and provide any necessary assistance to the Court and the Prosecutor pursuant to this resolution and, while recognizing that States not party to the Rome Statute have no obligation under the Statute, urges all States and concerned regional and other international organizations to cooperate fully with the Court and the Prosecutor;
6. Decides that nationals, current or former officials or personnel from a State outside the Libyan Arab Jamahiriya which is not a party to the Rome Statute of the International Criminal Court shall be subject to the exclusive jurisdiction of that State for all alleged acts or omissions arising out of or related to operations in the Libyan Arab Jamahiriya established or authorized by the Council, unless such exclusive jurisdiction has been expressly waived by the State;
7. Invites the Prosecutor to address the Security Council within two months of the adoption of this resolution and every six months thereafter on actions taken pursuant to this resolution;
8. Recognizes that none of the expenses incurred in connection with the referral, including expenses related to investigations or prosecutions in connection with that referral, shall be borne by the United Nations and that such costs shall be borne by the parties to the Rome Statute and those States that wish to contribute voluntarily; ...

The resolution zeroes in on Gadhafi -- and what little seems left of his regime in the wake of many ministerial defections to the antigovernment side.
Worth noting: The caveat concerning a national of a nonparty state present at the scene by authorization of the Council -- presumably, a person deployed as a U.N. peacekeeer. Evidence that such a person took part in criminal behavior must be referred to the state of nationality; by the terms of ¶6, absent a waiver the ICC would have no jurisdiction over such a malefactor. (Thanks to our colleague Kevin Jon Heller (his OJ post here) for pointing out my initial, erroneous interpretation.)
Some cause for concern: The foisting of the costs of ICC investigation onto the ICC and states that choose to contribute. That provision in ¶8 hints at certain lingering reluctances, and serves to remind of the deaf ear that the Security Council has turned to the ICC Prosecutor's pleas for aid in effecting the arrest of international fugitive and still-incumbent President Bashir.
It's to be hoped the Security Council's newfound spine will translate into helping the ICC as it endeavors to respond responsibly to yet another weighty referral. It's also to be hoped that the ICC will rise to the "test," to quote our colleague William Schabas; that is, it "must inspire confidence in its ability to provide a meaningful, significant and above all prompt response to the crisis."
If not, today's irony may prove more bitter than sweet.

(Credit for 2010 map indicating: in grey, states, like Libya and China, that have neither signed nor ratified the ICC Statute; in orange, states, like the United States, Sudan, and Russia, that at one time signed but never ratified; and in green, full states parties to the ICC Statute. Though slightly out of date -- it shows 111 rather than the current 114 states parties -- the map is accurate with regard to the states discussed in this post, a version of which is cross-posted at The Huffington Post.)

On February 26

On this day in ...
... 2004, in an executive order, U.S. President George W. Bush lifted some restrictions on contacts with Libya. The move followed Libya's December 2003 pledge to dismantle its nuclear technology program, which was aimed at producing nuclear weapons but which was far from that goal at the time of the pledge. The New York Times reported:

The partial lifting of sanctions enables Libya, which produces about 1.4 million barrels of oil every day, to draw back American oil companies. A number of American companies, including Marathon Oil, Occidental Petroleum and ConocoPhillips, have already indicated interest in exploring new relationships with Libya.

Any such relationships are again in doubt given bloody attacks by leader Moammar Gadhafi (prior posts) on Libyan civilians who are demonstrating against his regime. Indeed, current events are provoking not only new U.S. sanctions, but also questions about the wisdom of the thawing of U.S.-Libya relations that began on this day in 2004.

(Prior February 26 posts are here, here, here, and here.)

Human Rights Council call: Suspend Libya

The Human Rights Council of the United Nations resolved unanimously to ask the General Assembly to suspend Libya (flag at left).
Today's special session in Geneva marked the 1st time that the behavior of a Human Rights Council member had provoked a special session of the Council. The behavior at issue: the attacks upon demonstrators by what remains of the government of Moammar Gadhafi. The violence in Libya occurs amid a months-long backdrop of political changes in North Africa and the Middle East.
Also pursuant to the resolutionm an emergency inquiry commission will be sent to the country.
Here's the Advance unedited resolution, as adopted:

S-15/2 Situation of human rights in the Libyan Arab Jamahiriya

The Human Rights Council,
Reaffirming the Charter of the United Nations, the Universal Declaration of Human Rights, and relevant international human rights instruments, and relevant international law,
Recalling General Assembly resolution 60/251 of 15 March 2006,
Recalling further Council resolution 5/1 and 5/2 of 18 June 2007,
Expressing deep concern at the deaths of hundreds of civilians and rejecting unequivocally the incitement to hostility and violence against the civilian population made from the highest level of the Libyan government;
Reaffirming that all States have an obligation to protect the rights to life, liberty and security of the person,
Reaffirming also the responsibilities of all States, in conformity with the United Nations Charter, to respect human rights and fundamental freedoms for all,
Reaffirming further that all Member States of the United Nations Human Rights Council should uphold the highest standards in the promotion and protection of human rights and that the United Nations General Assembly may suspend the rights of membership in the Council of a member that commits gross and systematic violations of human rights;
Supporting the statements made by the Secretary-General of the United Nations and by the United Nations High Commissioner for Human Rights, in particular the latter’s statement of 22 February 2011 calling for international investigation into Libyan violence and justice for victims;
Supporting also the Press Statement of the United Nations Security Council on Libya of 22 February 2011,
Also supporting the statement issued by the Council of the League of Arab States of 22 February 2011, the statement of the Secretary General of the Organisation of Islamic Conference of 20 February 2011, the communiqué of the 261th Meeting of the Peace and Security Council of the African Union, and the relevant conclusions of the European Union Foreign Affairs Council of 21 February 2011;
1. Expresses deep concern with the situation in Libya, strongly condemns the recent gross and systematic human rights violations committed in Libya, including indiscriminate armed attacks against civilians, extrajudicial killings, arbitrary arrests, detention and torture of peaceful demonstrators, some of which may also amount to crimes against humanity; 2. Strongly calls upon the Government of Libya to meet its responsibility to protect its population, to immediately put an end to all human rights violations, to stop any attacks against civilians, and to fully respect all human rights and fundamental freedoms, including freedom of expression and freedom of assembly;
3. Strongly calls upon the Government of Libya for the immediate release of all arbitrarily detained persons, including those who were detained before the recent events, as well as for the immediate cessation of intimidation, persecution and arbitrary arrests of individuals including lawyers, human rights defenders and journalists;
4. Urges Libyan authorities to ensure the safety of all civilians, including citizens of third countries, to refrain from any reprisals against people who have taken part in the demonstrations, to facilitate the departure of those foreign nationals wishing to leave the country, and to allow the provision of urgent humanitarian assistance to those in need;
5. Also urges Libyan authorities to immediately cease the blocking of public access to the internet and telecommunication networks
6. Further urges Libyan authorities to respect the popular will, aspirations and demands of its people and to do their utmost efforts to prevent further deterioration of the crisis and to promote a peaceful solution ensuring safety for all civilians and stability for the country;
7. Recalls the importance of accountability and the need to fight against impunity and in this regard stresses the need to hold to account those responsible for attacks in Libya, including by forces under government control, on civilians;
8. Urgently calls for an open, inclusive, meaningful and national dialogue aimed at systemic changes responding to the will of the Libyan people and at the promotion and protection of their human rights;
9. Reminds the Government of Libya to respect its commitment as a Member of the Human Rights Council to uphold the highest standards in the promotion and protection of human rights and to cooperate fully with the Council and its Special Procedures;
10. Calls on the Libyan authorities to guarantee access to human rights and humanitarian organisations including human rights monitors;
11. Decides to urgently dispatch an independent, international commission of inquiry, to be appointed by the President of the Council, to investigate all alleged violations of international human rights law in Libya, to establish the facts and circumstances of such violations and of the crimes perpetrated, and , where possible identify those responsible to make recommendations, in particular, on accountability measures, all with a view to ensuring that those individuals responsible are held accountable, and to report to the Council at its seventeenth session, and calls upon the Libyan authorities to fully cooperate with the Commission;
12. Requests the Secretary-General and the High Commissioner to provide all administrative, technical and logistical assistance required to enable the above-mentioned commission of inquiry to fulfil its mandate;
13. Requests the High Commissioner to provide an oral update to the Council at its sixteenth session on the human rights situation in Libya, and to submit a follow-up report to the seventeenth session, as well as to organize an interactive dialogue on the human rights situation in Libya during the seventeenth session of the Council;
14. Recommends to the United Nations General Assembly, in view of the gross and systematic violations of human rights by the Libyan authorities, the consideration of the application of the measures foreseen in OP8 of General Assembly resolution 60/251;
15. Decides to remain seized of the matter.

On April 27

On this day in ...
... 1984 (25 years ago today), Britain's siege of of the Libyan Embassy in London ended when the 30 diplomats within "simply walked out." The incident had begun 11 days earlier, during a demonstration against Libyan leader Moammar Gadhafi; 25-year-old British police officer Yvonne Fletcher had been shot dead during that demonstration. "In 1999, Libya admitted 'general responsibility'" for the killing of Fletcher (right), according to the BBC, "and agreed to pay compensation to her family." No individual ever was charged with her death, which her family commemorated in a 25th anniversary ceremony earlier this month.
... 1992, the end of World War II came nearer as Soviet and American troops met at the Elbe River south of Berlin, thus cutting Nazi Germany's army in 2.
... 1956, U.S. Rep. Betsy Markey (D-Colo.) was born in Cresskill, N.J. She won the office by defeating Republican incumbent Marilyn Musgrave in the November 2008 election.

(Prior April 27 posts are here and here.)

Speaking power to a truth

A truth:

In mid-July, Swiss authorities arrested Hannibal Gadhafi, the youngest son of Libyan leader Moammar Gaddafi, on charges that he and his wife severely beat 2 of their servants, a Moroccan man and a Tunisian woman, "at a luxury hotel in Geneva," the lakeside city renowned for the Jet d'eau at left. Gadhafi, whom a French court had given a 4-month suspended sentence and fined the equivalent of $790 for having hits his then-girlfriend, "were released after Libyan diplomats apologised." The Gadhafis were released and left Switzerland.

Power:

This week Libya halted all oil shipments to Switzerland in retaliation for the arrest. The North African country supplies more than half of the Alpine country's crude oil imports.

Switzerland has warned its nationals not to travel to Libya.

Glam diplomacy boils down to oil

Copyright won’t let me post the photo: dark glasses covering ¼ of his face, bright white blazer over black shirt, black handkerchief flowing out the breast pocket, is Moammar Gadhafi, President of Libya (flag below right). Next to him walks Nicolas Sarkozy, President of France (flag below left). As they shake hands for the camera, neither looks at or turns toward the other, neither smiles, though Sarkozy has something like a sheepish half-grin on his face. And shouldn’t he look sheepish? We don’t negotiate with terrorists, don’t pay ransoms for hostages, but the EU (and Qatar) paid roughly $500 million to secure not the pardon, not the release, but commutation of 6 death sentences pronounced by Libyan courts to life behind bars. Extradition through regular channels may take up to a year. The 5 Bulgarian nurses and the Bulgaro-Palestinian doctor accompanying them have already spent 8 years in Libyan jails. Bursts onto the scene the “rebel wife” of the French president, reported as saying she does not want to be a potiche (figurehead), and who apparently needs some sort of first-ladyish good works to do. It was made clear that she had no negotiating authority and well publicized that Mr. Sarkozy stayed up all night, speaking on the phone more than once with Gadhafi and José Manuel Barroso, current president of the European Commission. So after the conclusion of some undisclosed deal, Mme Sarkozy flies off to Bulgaria with the 6 former hostages (oops, prisoners), where they are immediately pardoned. Libya called the consul of Bulgaria (flag above right) on the carpet for that, but welcomed Mr. Sarkozy to firm up commercial deals with France, including, apparently, the sale of nuclear technology. As the European deputy I heard on the radio said, we don’t believe Iran’s civil nuclear program will remain civil, so not only is the French diplomatic splash procedurally irregular, its nuclear deal is irresponsible. But nuclear’s not all. Naturally, there’s oil. After 8 years of strained Euro-Libyan relations, the end of the prisoner (hostage) crisis means “all-out cooperation” to Sarkozy: nuclear tech for Libya, oil and gas for France, normalized trade relations (with Europe as well) that will bring Libya back into the “concert of nations”. Condoleezza Rice thinks the same way, though she reportedly has no specific program in mind. Maybe if the US can start buying oil in Libya, we can stop killing for it in Iraq?