The ICC and the Security Council: How Much Support is There for Ending Impunity?

35 Pages Posted: 6 Mar 2015 Last revised: 14 Oct 2016

See all articles by Stuart Ford

Stuart Ford

University of Illinois at Chicago - UIC John Marshall Law School

Date Written: January 1, 2015

Abstract

The Article explores the relationship between the International Criminal Court (ICC) and the United Nations Security Council in the context of the ICC Prosecutor's recent decision to suspend her investigation into crimes committed in Darfur. Given that the situation in Darfur was referred to the ICC by the Security Council, what does the suspension of the investigations say about the relationship between the court and the Council? Despite persistent Security Council paralysis, there is broad support for the ICC within the Council. In fact, but for the threat of a Russian or Chinese veto, it is very likely that the Security Council would already have acted to apply pressure to Sudan to encourage Sudanese cooperation with the court. Support for the ICC is also widespread within the General Assembly. Essentially, support for the court and for ending impunity is quite broad while opposition to the court is very narrow. This bodes well for the eventual success of the court, although the short to medium term is likely to be marked by continued paralysis.

Keywords: international criminal justice, international criminal court, Darfur, Security Council, United Nations, impunity

JEL Classification: K33

Suggested Citation

Ford, Stuart, The ICC and the Security Council: How Much Support is There for Ending Impunity? (January 1, 2015). 26 Indiana International & Comparative Law Review 33 (2016), Available at SSRN: https://ssrn.com/abstract=2573855 or http://dx.doi.org/10.2139/ssrn.2573855

Stuart Ford (Contact Author)

University of Illinois at Chicago - UIC John Marshall Law School ( email )

300 S. State Street
Chicago, IL 60604
United States

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