As readers will know, the US has agreed to support a referral of Syria to the International Criminal Court (see here and here). Observers have since been commenting on and debating the potential details of a referral (see here, here and here) and what they may mean for the Court. A few of those details have now emerged. The following is a full draft of the current resolution being circulated at the Security Council. There are a number of important changes and improvements – but also some aspects which remain unchanged from previous referrals (most notably the exemption of citizens of states that are not members of the ICC). For the moment, I will refrain from editorializing but I will post a separate commentary on the draft in the coming days.
The Security Council,
Recalling its resolutions 2042 (2012), 2043 (2012), 2118 (2013) and 2139 (2014), and its Presidential Statements of 3…
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