However, as clearly all sides are accusing the other of grave violations of international humanitarian law (crimes against humanity and related), it will be more difficult for Assad regime apologists to resist independent investigation by the ICC. The potential cross-border or terror element only further adds need to such investigation.
Precedent of Bosnia & Gaddafi:
While the ICC cannot itself refer the matter to the ICC, it can “urge” the UN Security Council to make such referral consistent with current diplomatic methodology. Russia, China and the US may be inclined to resist each for their own reasons (Washington for concern over implications for Israel in “occupied Golan Heights.” – See Our Interview- 3Parts – with Bill Pace of ICC Coalition - http://diplomaticallyincorrect.org/films/movie/icc-2012-part-2-bill-pace-interview/29499). However, with a strong push from a largely united UN General Assembly and accusations of crimes by all sides, the ICC will increasingly prove difficult to resist. The participation of UN Human Rights Chief Navi Pillay will only add to pressure for rule of law and accountability to be incorporated into any UNGA Resolution. We also addressed a similar “blocked” UN Security Council during the conflict and genocide in Bosnia & Herzegovina. It was one of the factors that gave rise first to establishment and then more effective International Criminal Tribunal for the former Yugoslavia (ICTY).
End Sense of Impunity & non-Accountability:
To emphasize, the ICC cannot stop or intervene in the fighting. However, once there is real possibility of ICC referral/investigation, the Assad regime and all will have to temper their behavior. We should also point out that ICC referral to the ICC was the decisive beginning of the end for Colonel Gaddafi’s dictatorship – and further even today may act as tempering force in Libya). Those acting against civilians today with sense of impunity, will now have to consider perhaps being held accountable. Such prospect of justice and accountability will erode support for extreme agendas, operations and violations of international law and those persons/institutions/regimes behind such.
Read: "Referring Syrian Regime to ICC" - http://diplomaticallyincorrect.org/films/blog_post/referring-syrian-regime-to-international-criminal-court-by-ambassador-mo/42816
Read: "74 Syrian High Level Officials Crimes Against Humanity Responsibility" - http://diplomaticallyincorrect.org/films/blog_post/74-syrian-high-level-officials-crimes-against-humanity-responsibility-by-ambassador-mo/42893
By Ambassador Muhamed Sacirbey – Follow @MuhamedSacirbey
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