Richard Dicker
Director, International Justice Program, Human Rights Watch
Lecture Topic beginning January 15, 2013
UN Security Council Lecture Question
How should the relationship between the International Criminal Court and the United Nations Security Council be changed, if at all, to advance international justice?
Comment on the Security Council Lecture Question: “How should the relationship between the International Criminal Court and the United Nations Security Council be changed, if at all, to advance international justice?”
The United Nations Security Council and the International Criminal Court's relationship cannot change because the ICC cannot risk the legitimacy issue the relationship would pose. If the UNSC and ICC became more inter-related, even if the result was better efficiency in regards to arrests, prosecutions, etc, critics and those accused by the ICC would argue that the five permanent members of the UNSC controlled the ICC's decisions through their referrals. Being more closely related to the UNSC could heighten tensions and accusations that are already growing against the legitimacy of the court like the claim that the court is "anti-africa."
The International Criminal Court can do very little to change their current relationship with the UNSC. The only way that I see the ICC can break away from the potential damage of involvement with the UNSC is if the referral process is ended. This way, every situation the court investigates was a decision made only by the court. This would also protect the ICC from situations where they investigate a situation because of a UNSC referral but the UNSC doesn't support the court after referring the situation i.e. the UNSC blocked all funding opportunities from the United National General Assembly.
The only way that the UNSC and the ICC's relationship could become more functional without threatening the legitimacy of the court is if the permanent members of the UNSC stops thinking about special interests and instead puts the priority on human rights. The veto power of the permanent members has made it so the only situations investigated have been in Africa where there has been human rights violations all over the globe.
Comment on the Security Council Lecture Question: “How should the relationship between the International Criminal Court and the United Nations Security Council be changed, if at all, to advance international justice?”
The United Nations Security Council and the International Criminal Court's relationship cannot change because the ICC cannot risk the legitimacy issue the relationship would pose. If the UNSC and ICC became more inter-related, even if the result was better efficiency in regards to arrests, prosecutions, etc, critics and those accused by the ICC would argue that the five permanent members of the UNSC controlled the ICC's decisions through their referrals. Being more closely related to the UNSC could heighten tensions and accusations that are already growing against the legitimacy of the court like the claim that the court is "anti-africa."
The International Criminal Court can do very little to change their current relationship with the UNSC. The only way that I see the ICC can break away from the potential damage of involvement with the UNSC is if the referral process is ended. This way, every situation the court investigates was a decision made only by the court. This would also protect the ICC from situations where they investigate a situation because of a UNSC referral but the UNSC doesn't support the court after referring the situation i.e. the UNSC blocked all funding opportunities from the United National General Assembly.
The only way that the UNSC and the ICC's relationship could become more functional without threatening the legitimacy of the court is if the permanent members of the UNSC stops thinking about special interests and instead puts the priority on human rights. The veto power of the permanent members has made it so the only situations investigated have been in Africa where there has been human rights violations all over the globe.