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Part 1 Establishment of the Court: Institution de la Cour, Art.2 Relationship of the Court with the United Nations/Lien de la Cour avec les Nations Unies

William A. Schabas

From: The International Criminal Court: A Commentary on the Rome Statute (2nd Edition)

William A Schabas

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 17 June 2024

Elements of crimes — International criminal law, conduct of proceedings — Evidence

This chapter comments on Article 2 of the Rome Statute of the International Criminal Court, which sets out the general principle of the Negotiated Relationship Agreement between the Court and the United Nations. Article 2 is itself essentially exhortatory. While it declares that the two bodies ‘shall’ enter into an agreement, it should be obvious that one organization cannot oblige another to a meeting of minds. Nor does the provision in the Statute specify the content of the Agreement, except that it shall provide for a ‘relationship’ between the organizations. Despite the word ‘shall’, article 2 does not seem to be essential for the operation of the Court nor was the existence of an Agreement with the United Nations necessary for the entry into force of the Rome Statute. The Agreement was only finalized and entered into force in late 2004, more than two years after the Court had begun to operate.

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