The chief prosecutor of the International Criminal Court announced she will not appeal last month’s ruling by judges at The Hague-based court that Libya is free to try Abdullah al-Senussi, Muammar Gaddafi’s former spy chief.
According to a report on the News24 site, the judges last month announced that since Libya was able and willing to give Gaddafi’s head of intelligence a fair trial on charges that were similar to the ICC’s, there was no need to transfer him to the ICC’s custody. Senussi’s lawyers have said they will appeal that ruling. ‘After fully studying the decision, my office has concluded that there is no legal basis for appeal,’ ICC chief prosecutor Fatou Bensouda told the UN Security Council during a meeting on Libya.
So here is something new, at least for me.
The War Powers Resolution of 1973 (50 U.S.C. 1541-1548) is a federal law intended to check the president’s power to commit the United States to an armed conflict without the consent of Congress. The resolution was adopted in the form of a United States Congress joint resolution; this provides that the President can send U.S. armed forces into action abroad only by declaration of war by Congress, “statutory authorization,” or in case of “a national emergency created by attack upon the United States, its territories or possessions, or its armed forces.”
The War Powers Resolution requires the President to notify Congress within 48 hours of committing armed forces to military action and forbids armed forces from remaining for more than 60 days, with a further 30 day withdrawal period, without an authorization of the use of military force or a declaration of war. The resolution was passed by two-thirds of Congress, overriding a presidential veto. It has been alleged that the War Powers Resolution has been violated in the past, for example, by President Clinton in 1999, during the bombing campaign in Kosovo. All incidents have had congressional disapproval, but none have had any successful legal actions taken against the president for alleged violations.
May 20, 2011, marked the 60th day of US combat in Libya (as part of the UN resolution) but the deadline arrived without President Obama seeking specific authorization from the US Congress. President Obama, however, notified Congress that no authorization was needed, since the US leadership was transferred to NATO, and since US involvement is somewhat limited. On Friday, June 3, 2011, the US House of Representatives voted to rebuke President Obama for maintaining an American presence in the NATO operations in Libya, which they considered a violation of the War Powers Resolution.
hmm… I am not quite sure whether we, in India, have similar legislation which check power of president to declare war in other countries. Have to find it out.