On March 31, 2005 the UN Security Council, acting under Chapter VII of the UN Charter, adopted Resolution 1593 which referred the Darfur situation to the ICC. The resolution passed by a vote of 11-0, with four abstentions (by the United States, Algeria, China and Brazil). The referral purported to exempt non-Sudanese citizens from States not party to the ICC's Rome Statute, including Americans, from ICC jurisdiction. The referral was based on findings by the UN International Commission of Inquiry on Darfur. The Commission's February 1, 2005 Report "strongly recommend[ed]" that the Security Council invite the International Criminal Court to pursue prosecutions against those suspected of the worst crimes. On June 6, 2005 the Prosecutor decided to officially open an investigation into the Darfur situation.
On February 26, 2011t he UN Security Council unanimously adopted Resolution 1970 (2011), which granted the Court jurisdiction over the situation in Libya. This was the first time that the Security Council has unanimously referred a situation to the Court under Article 13(b) of the Court's Rome Statute. On March 3, 2011 the Prosecutor officially opened an investigation into alleged crimes against humanity committed in Libya.
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