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aspects of the jurisdiction of the International Criminal Court, and there are certain restrictions inU.S. domestic law on support to the International Criminal Court. 12818.12.5 U.N. Security Council Role in Certain Treaties.18.12.5.1 U.N. Security Council Role in the Biological Weapons Convention andENMOD Convention. The Biological Weapons Convention and the ENMOD Conventionprovide that Parties to the treaties may lodge a complaint with the Security Council, when aParty believes that another Party is in breach of its obligations deriving from the provisions ofthat treaty. 129 These treaties provide that each Party undertakes to cooperate with anyinvestigation that the Security Council may initiate. 130 In addition, these treaties impose anadditional obligation on Parties to provide or support assistance to Parties that request assistanceif the Security Council has made an appropriate decision. 13118.12.5.2 U.N. Security Council and the Chemical Weapons Convention. TheChemical Weapons Convention provides that the Conference of the States Parties shall, in casesof particular gravity, bring the issue, including relevant information and conclusions, to theattention of the U.N. General Assembly and the U.N. Security Council. 132COUNCIL RESOLUTION 1970, U.N. Doc S/RES/1970 (Feb. 26, 2011) (“Decides to refer the situation in the LibyanArab Jamahiriya since 15 February 2011 to the Prosecutor of the International Criminal Court;”).128 Refer to § 18.20.3 (The International Criminal Court (ICC) Created by the Rome Statute).129 BIOLOGICAL WEAPONS CONVENTION art. 6(1) (“Any State Party to this Convention which finds that any otherState Party is acting in breach of obligations deriving from the provisions of the Convention may lodge a complaintwith the Security Council of the United Nations. Such a complaint should include all possible evidence confirmingits validity, as well as a request for its consideration by the Security Council.”); ENMOD Convention art. 5(3) (“AnyState Party to this Convention which has reason to believe that any other State Party is acting in breach ofobligations deriving from the provisions of the Convention may lodge a complaint with the Security Council of theUnited Nations. Such a complaint should include all relevant information as well as all possible evidencesupporting its validity.”).130 BIOLOGICAL WEAPONS CONVENTION art. 6(2) (“Each State Party to this Convention undertakes to co-operate incarrying out any investigation which the Security Council may initiate, in accordance with the provisions of theCharter of the United Nations, on the basis of the complaint received by the Council. The Security Council shallinform the States Parties to the Convention of the results of the investigation.”); ENMOD CONVENTION art. 5(4)(“Each State Party to this Convention undertakes to co-operate in carrying out any investigation which the SecurityCouncil may initiate, in accordance with the provisions of the Charter of the United Nations, on the basis of thecomplaint received by the Council. The Security Council shall inform the States Parties of the results of theinvestigation.”).131 BIOLOGICAL WEAPONS CONVENTION art. 7 (“Each State Party to this Convention undertakes to provide orsupport assistance, in accordance with the United Nations Charter, to any Party to the Convention which so requests,if the Security Council decides that such Party has been exposed to danger as a result of violation of theConvention.”); ENMOD CONVENTION art. 5(5) (“Each State Party to this Convention undertakes to provide orsupport assistance, in accordance with the provisions of the Charter of the United Nations, to any State Party whichso requests, if the Security Council decides that such Party has been harmed or is likely to be harmed as a result ofviolation of the Convention.”).132 CHEMICAL WEAPONS CONVENTION art. 12(4) (“The Conference shall, in cases of particular gravity, bring theissue, including relevant information and conclusions, to the attention of the United Nations General Assembly andthe United Nations Security Council.”).1081

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