PhD studies in human rights: Referring Syria to the International Criminal Court

PhD studies in human rights: Referring Syria to the International Criminal Court
CLIP FROM ARTICLE: As David Scheffer points out in a recent op-ed, referral of Syria to the International Criminal Court by the Security Council has already been called for by the High Commissioner for Human Rights and by France.
As things now stand, the Court cannot exercise jurisdiction over Syrian nationals for crimes committed in Syria. But the Security Council can change that situation by a resolution referring the situation in Syria to the Court, as it did with respect to Libya last February.
Professor Scheffer argues for a tailored approach to referral that some may find controversial. He proposes the following:

If, for example, the Security Council gave Assad and his colleagues one week to quit power and leave the country for asylum in, say, Tunisia (or perhaps Russia), the Council would explicitly omit their names from its referral of the Syrian situation to the Court. Such officials would have to demonstrate indefinitely their complete withdrawal from political and military power in Syria in order to qualify for continued omission from the Court’s jurisdiction.[ READ MORE AT LINK]