Barrister Haaris Ramzan After the popular uprising in Tunisia and Egypt, now Libya has been facing an insurgency since February 2011. It started with Libya's bombing of the civilian targets within the country and the unrest has now spread to different parts of the state, including the city of Tripoli. The United Nations Secretary, including its Human Rights Council, has condemned the attack, as a violation of international law. Following Australia, Canada and the United Nations Security Councils (UNSC) demand to refer Gaddafi to the International Criminal Court (ICC), the US has also imposed economic sanctions against Libya. The US, UK and Australia have shown their intentions to declare Libya a no-fly zone, and a proposal to arm the anti-Gaddafi rebels is also under consideration to end his regime. Indeed, the Libyan crisis is on the verge of a major catastrophe. In accordance with media reports, numerous civilians have died in a bid to suppress the armed struggle to liberate Libya from Gaddafi and his troops. Very recently, UNSC Resolution 1970 was passed under Chapter VII of the UN Charter that shall be binding in nature. There are few salient features in the resolution that need elaboration. The resolution makes a reference to the Human Rights Council Resolution A/HRC/S-15/2 that was passed on February, 25, 2011. It discussed the Libyan crisis and it was decided to dispatch an independent International Commission of Inquiry, which would be appointed by the President of the Council, to investigate all the alleged violations of international human rights law in Libya. The resolution makes a referral to the ICC to initiate proceedings against any crimes against humanity committed by the state of Libya against its citizens. The ICC does not have universal jurisdiction, but it may exercise it in three distinct situations. First, if the accused is a national of a State Party or a State, otherwise accepting the jurisdiction of the court; second, if the crime took place on the territory of a State Party or a State, otherwise accepting the jurisdiction of the court; and finally if the United Nations Security Council has referred the situation to the prosecutor, irrespective of the nationality of the accused or the location of the crime. The resolution refers the situation in Libya since February 15, 2011, to the prosecutor of the ICC and declares that the Libyan authorities must cooperate fully and provide any necessary information to the court and the prosecutor (there may be no obligation on states not party to the Rome Statute, yet full assistance must be extended). Further an obligation is put on the prosecutor of the ICC to address the UNSC within two months of the adoption of this resolution and after every six months thereafter to enlighten the latter about the latest updates. The resolution, in addition to the ICC referral, has put an arms embargo on Libya. This includes the sale or transfer of arms and related materiel of all types to Libya, including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and spare parts for the aforementioned, and technical assistance, training, financial or other assistance, related to military activities or the provision, maintenance or use of any arms and related material, including the provision of armed mercenary personnel whether or not originating in their territories. A relaxation was given to military equipment that is non-lethal in nature and is intended solely for humanitarian or protective use, and related technical assistance or training, as approved in advance by the Committee established pursuant to this resolution. The resolution puts an obligation on neighbouring states to inspect, in accordance with their legislation and principles consistent with the international law (in particular, the law of the sea and relevant international civil aviation agreements) all cargo to and from Libya, in their territory, including seaports and airports, if the state concerned has information that provides reasonable grounds to believe that the cargo contains items, the supply, sale, transfer, or export of items which are prohibited by this resolution. If any inspection is undertaken by a state, then a report must be submitted to the Committee. This report should elaborate the grounds for the inspections, the results of such inspections, and whether or not cooperation was provided and whether prohibited items were found. The resolution binds the member states to take the necessary steps to prevent the movement of individuals mentioned in Annex I (of this resolution) from either entering or using their state for transit purposes. The Annex II of the resolution outlines another list of individuals whose assets shall be frozen. This would include all funds, other financial assets and economic resources, which are on their territories, which are owned or controlled, directly or indirectly, by these individuals. The resolution establishes a Committee that would include all members of the UNSC. Its major purpose would be to establish new guidelines for the implementation of the resolution. Further, the Committee shall be required to report to the UNSC within 30 days on its work on the first report and thereafter to submit information on the developments, as it deemed necessary. The Committee is also required to seek information from member states, and take an appropriate action regarding alleged violations or non-compliance of measures as per the resolution and a timeframe of 120 days is given to the member states under the resolution to submit a report to the Committee about the measures that they have undertaken in this regard. The resolution has highlighted several mechanisms that would be disastrous for the Libyan regime. It is time for it to realise that the consistent uprising within Libya shall not only be catastrophic for the state, but would also strongly affect the world peace and security. The writer is a barrister and is associated with the Research Society of International Law (RSIL), Pakistan. Email: haarisramzan@rsilpak.org)