Volume 16, Issue 43 , February 2015, , Pages 163-184
Abstract
The interaction and interrelationship between the International Criminal Courtand the Security Council of the United Nations have always been one of thecontentious matters of the Court’s Statute. According to the Articles 12 and 13of the Statute which was codified in 1998, the Security Council ...
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The interaction and interrelationship between the International Criminal Courtand the Security Council of the United Nations have always been one of thecontentious matters of the Court’s Statute. According to the Articles 12 and 13of the Statute which was codified in 1998, the Security Council may refer a caseto the Court to investigate into the crimes committed by natural persons; in thiscase the Court will be qualified to hear even though the relative state(s) is not aparty to the Statute. Under the Article 16 of the Statute, the Security Councilmay request the Court to suspend, inquire or prosecute for a renewable periodof 12 months. This is a clear-cut political intervention in judicial affairs. In 2010Review Conference, the States Parties to the Statute reached an agreementunanimously on the definition of the Crime of Aggression and the circumstanceunder which the court may exercise jurisdiction over it. In spite of the oppositionof some of the permanent members of the Security Council, the exercise ofjurisdiction by the Court was not subjected to the approval of the SecurityCouncil; it indicates the determination of the States Parties to reinforce theauthority and independence of the Court
