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

The relationship between United Nations Security Council and the International Criminal Court is the focus of considerable controversy, which is worth studying.This article first retrospective the evolution of relations between the International Criminal Court and the United Nations Security Council, put the initiate draft of the International Law Commission as a starting point, combing the Rome Diplomatic Conference disputes and compromise, dialysis the regulatory system of the International Criminal Court Rome Statute, read the regulatory system of International Criminal Court and the United Nations agreements.In the second chapter reveals that the "Rome Statute" and the "Charter of the United Nations" share the same objectives and values in the maintenance of international peace and security, the relationship between the International Criminal Court and the Security Council is of compatibility and complementarity within a certain range.The third chapter 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, the deferral power and the referral power. The author gives a detailed exposition of reality and potential conflicts and focus on the "three powers "between the International Criminal Court and the United Nations Council.This paper described in Chapter IV the position and attitude towards the relationship between the Security Council and the International Criminal Court, of the Security Council permanent members, China which is the largest developing country, and the United States which is the most developed country. Finally, we believe that: International Criminal Court is a representative of the realization of judicial independence and impartiality of the legal ideals, and the Council is the representative of a political reality.