On The Relationship Between The International Criminal Court And The Security Council

The relationship between the ICC and the SC is regarded as one of the most complicated and challenging issues for the ICC. Its establishment history is interwoven with the related arguments, e.g. how to allocate the powers between these two organs in Rome Treaty, how to make the ICC win support and acknowledgement from five permanent states in the SC, how to reconcile these two powers in the international practice and etc.Chapter I reveals the underlying links between the ICC and the SC which make their cooperation possible and necessary, including the common mission and the supplementation in the implementation power. Further, the tension between the two could be explicitly exhibited from the allocation of powers and the inherent antagonism of the common will in the ICC and the centralization of powers in the SC.Chapter II dates back to early 90s in 20th Century and recounts the history between the ICC and the SC in four stages, including the arguments caused by the establishment of ICTY in early 90s, the discussion about four possible patterns for the structure mechanism of the ICC in mid 90s, the legislation of the Rome Treaty in late 90s and the Negotiations Agreement between the UN and the ICC in early 21st Century.Chapter III focuses on the"Three Powers"stipulated in the Rome Treaty enjoyed by the SC, i.e. the predetermination power in the definition of the aggression in Art.5(2), the deferral power in Art.16 and the referral power in Art.13. This chapter recounts legislation history of each article and make analysis in combination with the latest international practice, including the SC Resolution 1422, 1487 and 1593.Chapter IV briefly discusses China's attitude on the relationship between the ICC and the SC.