A critical examination of the relationship between the International Criminal Court and the United Nations Security Council, in the light of referrals and deferrals

The Rome Statute of the International Criminal Court (Rome Statute) provides for a close relationship between the International Criminal Court (Court) and the United Nations Security Council (Security Council). This relationship is demonstrated through Security Council exercise of referrals and deferrals. This dissertation discusses first, the Security Council referrals of the situations in Darfur, Sudan and Libya. Second, the Security Council passing of resolutions 1422(2002) and 1487(2003), which deferred the Court from commencing any investigations or prosecuting of any crimes that could have arisen as a result of the United Nations peacekeeping operations. This dissertation argues that the Security Council has exercised referrals and deferrals contrary to the Rome Statute, the Charter of the United Nations (the Charter), and the Negotiated Relationship Agreement between the Court and the Security Council (Relationship Agreement) as envisaged by the drafters of the Rome Statute. It concludes by stating that, the relationship between the Court and the Security Council is at a crossroad because the latter has failed to exercise referrals and deferrals in the manner provided for in the Rome Statute and as envisioned during the drafting of the Rome Statute, thereby equating the Court to the proverbial bark of a toothless dog.

Grantor dc:publisher.institution

Institute of Criminology

Year dc:date.issued

2014

Author dc:creator

• Lugulu, Jullie Ingrid

Advisor dc:contributor.advisor

• Woolaver, Hannah

Language dc:language.iso

eng

Handle dc:identifier.uri

http://hdl.handle.net/11427/12858

OAI identifier oai:identifier

oai:open.uct.ac.za:11427/12858