The Interrelationship between the International Criminal Court and the Security Council in the light of 2010 Review Conference

The interaction and interrelationship between the International Criminal Court and the Security Council of the United Nations have always been one of the contentious matters of the Court’s Statute. According to the Articles 12 and 13 of the Statute which was codified in 1998, the Security Council may refer a case to the Court to investigate into the crimes committed by natural persons; in this case the Court will be qualified to hear even though the relative state(s) is not a party to the Statute. Under the Article 16 of the Statute, the Security Council may request the Court to suspend, inquire or prosecute for a renewable period of 12 months. This is a clear-cut political intervention in judicial affairs. In 2010 Review Conference, the States Parties to the Statute reached an agreement unanimously on the definition of the Crime of Aggression and the circumstance under which the court may exercise jurisdiction over it. In spite of the opposition of some of the permanent members of the Security Council, the exercise of jurisdiction by the Court was not subjected to the approval of the Security Council; it indicates the determination of the States Parties to reinforce the authority and independence of the Court.