French intervention in Mali: bad news, and good news

The bad news: France has launched a military intervention in Mali without authorization of the Security Council under Chapter VII of the Charter of the United Nations.

The good news: had the Security Council adopted a resolution authorizing intervention in Mali – under Chapter VII of the UN Charter – it would have certainly exempted “foreign troops and personnel” from criminal responsibility, as it had previously done in Darfur and Libya. On this basis, any war crimes that might be committed by French forces could be subject to prosecution.