Briefing Paper

Justice and the Libyan Crisis: the ICC’s Role under Security Council Resolution 1970

“The ICC’s work in Libya’s conflict zone is imperative and deserves continued support – although the road ahead already appears long and strewn with hurdles. In these early days there are at least positive signs from within the continent that Gaddafi’s behaviour towards his country’s citizens is unacceptable. In that respect the African
Court’s decision on Libya – both in form and substance – represents a bold advance into a situation whose political implications have made the work of the AU’s other institutions difficult. The African Court’s decision
confirms that Gaddafi continues to terrorise his people in the face of both Western and African opposition. The resistance to the ICC in some parts of the African continent is likely to increase. By requesting an arrest warrant for Gaddafi, it is only the
second time the ICC has sought a warrant for a sitting head of state (the first being for al-Bashir). A chorus of voices can be expected to lament the ICC’s targeting of
African leaders.”