Skip to main content Accessibility help
×
Hostname: page-component-78c5997874-ndw9j Total loading time: 0 Render date: 2024-11-05T10:57:07.871Z Has data issue: false hasContentIssue false

5 - The UN Security Council, the ICC and Nationals of Non-States Parties

Published online by Cambridge University Press:  06 August 2020

Monique Cormier
Affiliation:
University of New England, Australia
Get access

Summary

Chapter 5 focuses on the ICC’s relationship with the UN Security Council. Under the Rome Statute, the Council has several important roles: Article 13(b) provides that the Security Council may trigger the jurisdiction of the Court (the ‘referral power’), and under Article 16 the Council may halt any ICC investigation for twelve months at a time (the ‘deferral power’). In the 2010 Kampala Amendments, the Security Council was given a third role with respect to the Court’s jurisdiction over the crime of aggression. The first part of Chapter 5 critically examines the ways in which the Council has used Article 16 in an attempt to limit the jurisdiction of the Court. It then discusses the Article 13(b) referral power by using the Darfur and Libya situations as case studies. It argues that the legal basis for the ICC’s authority in those situations is grounded in the implied consent of Sudan and Libya to the jurisdiction of the Court by virtue of their membership of the UN. The final part of Chapter 5 considers the role of the Security Council with respect to the crime of aggression and the consequences of this for States not party to the Rome Statute.

Type
Chapter

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×