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18.12.3 Authorizing the Use of Force. The U.N. Security Council has authorized the useof force in order to protect civilians who are being attacked in violation of the law of war. 12418.12.4 Authorizing International Criminal Tribunals. The U.N. Security Council hasestablished international criminal tribunals for the purpose of prosecuting serious violations ofinternational humanitarian law. The U.N. Security Council has exercised this authority to createthe International Criminal Tribunal for the Former Yugoslavia and the International CriminalTribunal for Rwanda. 125The Rome Statute of the International Criminal Court provides that the InternationalCriminal Court may exercise its jurisdiction with respect to crimes when a situation is referred tothe Prosecutor by the Security Council acting under Chapter VII of the Charter of the UnitedNations. 126 The U.N. Security Council has referred situations in Darfur and Libya to theProsecutor of the International Criminal Court. 127 The United States has objected to certainloss, damage, including environmental damage and the depletion of natural resources, or injury to foreignGovernments, nationals and corporations, as a result of Iraq’s unlawful invasion and occupation of Kuwait.’ ThePanel notes that, when making resolution 687 (1991), the Security Council acted under Chapter VII of the UnitedNations Charter, i.e., it exercised its powers under that Chapter to maintain and restore international peace andsecurity.”).124 U.N. SECURITY COUNCIL RESOLUTION 1973, U.N. Doc S/RES/1973 4 (Mar. 17, 2011) (“Authorizes MemberStates that have notified the Secretary-General, acting nationally or through regional organizations or arrangements,and acting in cooperation with the Secretary-General, to take all necessary measures, notwithstanding paragraph 9 ofresolution 1970 (2011), to protect civilians and civilian populated areas under threat of attack in the Libyan ArabJamahiriya, including Benghazi, while excluding a foreign occupation force of any form on any part of Libyanterritory, and requests the Member States concerned to inform the Secretary-General immediately of the measuresthey take pursuant to the authorization conferred by this paragraph which shall be immediately reported to theSecurity Council.”); U.N. SECURITY COUNCIL RESOLUTION 1270, U.N. Doc S/RES/1270 14 (Oct. 22, 1999)(“Acting under Chapter VII of the Charter of the United Nations, decides that in the discharge of its mandateUNAMSIL may take the necessary action to ensure the security and freedom of movement of its personnel and,within its capabilities and areas of deployment, to afford protection to civilians under imminent threat of physicalviolence, taking into account the responsibilities of the Government of Sierra Leone and ECOMOG;”).125 U.N. SECURITY COUNCIL RESOLUTION 827, U.N. Doc S/RES/827 (May 25, 1993) (“Acting under Chapter VII ofthe Charter of the United Nations, ... 2. Decides hereby to establish an international tribunal for the sole purpose ofprosecuting persons responsible for serious violations of international humanitarian law committed in the territory ofthe former Yugoslavia between 1 January 1991 and a date to be determined by the Security Council upon therestoration of peace and to this end to adopt the Statute of the International Tribunal annexed to the abovementionedreport;”); U.N. SECURITY COUNCIL RESOLUTION 955, U.N. Doc S/RES/955 (Nov. 8, 1994) (“Actingunder Chapter VII of the Charter of the United Nations, 1. Decides hereby, having received the request of theGovernment of Rwanda (S/1994/1115), to establish an international tribunal for the sole purpose of prosecutingpersons responsible for genocide and other serious violations of international humanitarian law committed in theterritory of Rwanda and Rwandan citizens responsible for genocide and other such violations committed in theterritory of neighbouring States, between 1 January 1994 and 31 December 1994 and to this end to adopt the Statuteof the International Criminal Tribunal for Rwanda annexed hereto;”).126 ROME STATUTE art. 13(b) (“The Court may exercise its jurisdiction with respect to a crime referred to in article 5in accordance with the provisions of this Statute if: A situation in which one or more of such crimes appears to havebeen committed is referred to the Prosecutor by the Security Council acting under Chapter VII of the Charter of theUnited Nations;”).127 U.N. SECURITY COUNCIL RESOLUTION 1593, U.N. Doc S/RES/1593 (Mar. 31, 2005) (“Decides to refer thesituation in Darfur since 1 July 2002 to the Prosecutor of the International Criminal Court.”); U.N. SECURITY1080

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