The Council and the Court: Improving Security Council Support of the International Criminal Court

43 Pages Posted: 19 Aug 2013  

David Kaye

University of California, Irvine School of Law

Date Written: May 14, 2013

Abstract

The United Nations Security Council has increasingly offered support, if qualified, for the work and purposes of the International Criminal Court. Twice, Darfur in 2005 and Libya in 2011, it has referred situations to the ICC for investigation and possible prosecution. 2012 saw repeated positive references to the Court, including a first-ever public Council discussion focused on building support for the ICC. In March of 2013, the Council authorized the peacekeeping force in the Democratic Republic of the Congo (DRC), MONUSCO, to cooperate with the government on the arrest of individuals subject to ICC arrest warrants. A promising trend that demonstrates clear overlap between Council and Court interests, the Council’s support has nonetheless been mainly rhetorical. It has not, for instance, adopted concrete measures in areas such as the cooperation of states, the apprehension of those subject to arrest warrant, and resources to expand the Court’s capacity. This report addresses the trend lines in Council support, seeking to answer the following set of questions: How may the Security Council build on and expand the emerging support? What barriers may exist to the adoption of sustainable, concrete measures supporting Court activities, and how may they be overcome?

Suggested Citation

Kaye, David, The Council and the Court: Improving Security Council Support of the International Criminal Court (May 14, 2013). UC Irvine School of Law Research Paper No. 2013-127. Available at SSRN: https://ssrn.com/abstract=2310183

David A. Kaye (Contact Author)

University of California, Irvine School of Law ( email )

401 E. Peltason Dr.
Ste. 1000
Irvine, CA 92697-1000
United States

Paper statistics

Downloads
89
Rank
236,247
Abstract Views
329