Volume 52
Issue
4
Date
2021

Bridging the Divide Between the ICC and the UN Security Council

by Michael Scharf and Laura Graham

Since its inception, the International Criminal Court has had a troubled relationship with the UN Security Council, which has only grown more fractious in recent years. The antipathy is serving to undermine and weaken both the power of the Council and the viability of the Court. What are the sources of this friction and what are the possible remedies? This Article seeks to answer these questions by analyzing the instances where the Security Council has cooperated or referred situations to the Court and those instances where at least one Permanent Member has vetoed or threatened to veto a resolution that would refer a situation or pro-vide assistance to the Court. The Article then explores several proposals for surmounting the Council’s immobility and improving the relationship between the two organizations to foster increased accountability and international peace and security.

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