African mercenaries hired by the Gaddafi regime to kill Libyan protesters would be immune from prosecution for war crimes due to a clause in this weekend's UN resolution that was demanded by the United States.
This means that mercenaries from countries such as Algeria, Ethiopia and Tunisia – which have all been named by rebel Libyan diplomats to the UN as being among the countries involved – would escape prosecution even if they were captured, because their nations are not members of the court.
The move was seen as an attempt to prevent a precedent that could see Americans prosecuted by the ICC for alleged crimes in other conflicts. While the US was once among the signatories to the court, George W. Bush withdrew from it in 2002 and declared that it did not have power over Washington.
The key paragraph said that anyone from a non-ICC country alleged to have committed crimes in Libya would “be subject to the exclusive jurisdiction” of their own country. It was inserted despite Susan Rice, the US ambassador to the UN, saying that all those “who slaughter civilians” would “be held personally accountable”.
Speaking to reporters outside the council chamber, Gerard Araud, the French UN ambassador, described the paragraph as “a red line for the United States”, meaning American diplomats had been ordered by their bosses in Washington to secure it. “It was a deal-breaker, and that's the reason we accepted this text to have the unanimity of the council,” said Mr Araud.
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