Critically evaluating the special international relationship between the UN Security Council and the International Criminal Court (ICC)

Sheraz Ibrahim

doi:10.25212/lfu.qzj.6.1.32

توێژەران

Sheraz Ibrahim Department of Law, College of Law and International Relations, Lebanese French University, Erbil, Kurdistan Region, Iraq

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https://doi.org/10.25212/lfu.qzj.6.1.32

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UN, Security Council, ICC, legal relationship, use of power

پوختە

This paper will critically evaluate the relationship between UN security council and the ICC regarding the empowerment of the International Criminal Court and its Prosecutors by the Security Council’s use of power under Article 13(b) of the Rome Statute to refer a situation to the ICC and the use of Article 16 to defer investigations and prosecutions. The paper will neatly assess the relationship between the two international bodies. Focusing on the Security Council’s intervention in judicial proceedings as apolitical organ requires some explanation. The purpose for the intervention and the relationship under the primary responsibility of the Security Council for the maintenance of peace and security will be explored to evaluate the effectiveness of the relationship in maintaining peace and security. Analysis will be put on the international relationship in respecting each other’s status and mandate to deliver its original aim under international law. Using the Rome Statue to examine the legal parameters of this relationship in addition to any other consideration to define the relationship and the impact of the two institutions.

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سەرچاوەکان

- Books

Lawrence, Moss, (2013) ‘the UN Security Council and the International Criminal Court: Towards a more principled Relationship, Friedrich-Ebert-Stiftung. London.

Mark Kersten, A fatal Attraction? (2018) ‘The UN Security Council and the Relationship between R2P and the International Criminal Court’ Cambridge University Press. Cambridge.

Citing a Journal Article:

Dapo Akande, Sangeeta Shah, (2010) ‘Immunities of State Officials, International Crimes, and Foreign Domestic Courts’ Eur J Int Law 21(4); 815-852.

Jennifer Trahan, (2013) ‘the relationship between the International Criminal Court and the U.N. Security Council: Parameters and Best Practices’ 24:417-473.

The Council and Court, (2013) ‘The Council and the Court: Improving Security Council Support of the International Criminal Court’, , University of California, UC Irvine School of Law Research Paper No. 2013-127.

- Online Sources

UN News Centre, , ( UN News Centre, 17 October 2012) ‘UN and International Criminal Court have joint in ending impunity

http://www.un.org/apps/news/story.asp?NewsID=43312#.VzYRpJ1waUk

The case of Prosecutor v. Dusko Tadic (Appeal Judgement), (15 July 1999) IT-94-1-A, International Criminal Tribunal for the former Yugoslavia (ICTY), 15 July 1999, available at: http://www.refworld.org/docid/40277f504.html.

United Nations, (May, 2014) ‘Referral of Syria to International Criminal Court Fails as Negative Votes Prevent Security Council from Adopting Draft Resolution’)

http://www.un.org/press/en/2014/sc11407.doc.htm>

- UN Documents and Publications

Charter of the United Nations, Chapter VII, Article 39, 24 October 1945.

Charter of the United Nations, Chapter VII, Article 40, 24 October 1945.

Charter of the United Nations, Chapter VII, Article 41. 24 October 1945.

Charter of the United Nations, Article 1 (1), 24 October 1945.

Charter of the United Nations, Article 2(4), 24 October 1945.

Charter of the United Nations, Article 24, 24 October 1945.

Charter of the United Nations, 24 October 1945.

Rome Statute of the International Criminal Court, Article 5, 17 July 1998.

Rome Statute of the International Criminal Court, Article 53(1) (a) – (c), 17 July 1998.

Rome Statute of the International Criminal Court, Article 17, 17 July 1998.