ICC, Jurisdiction and the Security Council

September 22nd, 2008 • Conflict, Law, UN

I’m hurriedly ‘finishing off’ an essay on the ICC and Security Council referral, so this post on some of the upcoming issues of jurisdiction and deferral in relation to the ICC and Security Council is very timely. Alex de Waal questions the legality of the Security Council enforcing ICC jurisdiction upon non-parties to the Rome Statute, I’m arguing that the almost plenary powers granted to the Security Council by the UN Charter mean it is able to do that under it’s Chapter VII powers, as evidenced by the creation of the ICTR and ICTY. It’s hard to see how they could create Tribunals and force States to comply with them but not be able to refer situations to existing institutions.

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Related posts:

1. Limits of UN Security Council Powers and the ICC
2. More on Security Council Referral to the ICC
3. The ICC and the Security Council Referral Power
4. Moves to stop ICC prosecution of Bashir
5. WSJ gets it wrong on the ICC and head of state immunity

Tags: icc, international-law, jurisdiction, Security Council

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