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?”
Even with all that may be said on the necessity of keeping the ICC as far as possible from any political decisions, which could clearly be affected by the participation of the UN Security Council, being a political organ primarily, may not quite be the case. Taking into consideration that the Security Council acts in light of chapter 7 of the UN Charter, this may bring a universal dimension to the ICC's jurisdiction amongst countries that have refused to ratify the Rome Statute. As for the expected political decisions of the Security Council, the Rome Statute has sufficiently confronted it. Based on Article (53) of this Statute and rule (104) of chapter (5/1) of the ICC's Rules of Procedure and Evidence, the prosecutor shall evaluate the referrals to him to initiate investigation after determining that there is a reasonable bases to proceed under the Statute. Focus should therefore be shed on the role of the prosecutor more than that of the Security Council, as the previous possesses the decision to assure that the case is not politicized, and he/she acts under the supervision of the pre-trial chamber.
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?”
Even with all that may be said on the necessity of keeping the ICC as far as possible from any political decisions, which could clearly be affected by the participation of the UN Security Council, being a political organ primarily, may not quite be the case. Taking into consideration that the Security Council acts in light of chapter 7 of the UN Charter, this may bring a universal dimension to the ICC's jurisdiction amongst countries that have refused to ratify the Rome Statute. As for the expected political decisions of the Security Council, the Rome Statute has sufficiently confronted it. Based on Article (53) of this Statute and rule (104) of chapter (5/1) of the ICC's Rules of Procedure and Evidence, the prosecutor shall evaluate the referrals to him to initiate investigation after determining that there is a reasonable bases to proceed under the Statute. Focus should therefore be shed on the role of the prosecutor more than that of the Security Council, as the previous possesses the decision to assure that the case is not politicized, and he/she acts under the supervision of the pre-trial chamber.