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Part I Context, Challenges, and Constraints, 3 The Relationship between the ICC and the United Nations Security Council

Deborah Ruiz Verduzco

From: The Law and Practice of the International Criminal Court

Edited By: Carsten Stahn

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 28 March 2023

International peace and security — Crimes against humanity — Right to fair trial — Prosecution

International criminal justice emerged in the tradition of international peace and security. The relationship between the ICC and the Security Council has been problematic since the inception of the Court. While some delegations argued that the nexus to collective security is helpful because it might make ICC justice more effective in terms of enforcement, other delegations feared that it might render the Court vulnerable to alignment with politics. This chapter examines dilemmas that have emerged in the interaction between the Court and the Council in the first decade. It focuses on several key areas: referrals, deferrals, and institutional interaction, most notably cooperation and funding. It seeks to offer a constructivist vision on the interplay between the ICC and the Council, by offering some targeted recommendations to improve the status quo.

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