Mendeley  

Zotero  

Skandari A K. The Role of the Security Council in the Decision Making of the International Criminal Court. SRQJL 2026; 3 (3) :30-46
URL: http://srqjl.knu.edu.af/article-1-127-en.html

Given the role of the United Nations Security Council in maintaining international peace and security and the establishment of the permanent International Criminal Court (ICC) to ensure justice and prevent international crimes that may threaten international peace and security, an important question arises: What role does the UN Security Council play in the proceedings of the International Criminal Court? Although the States Parties to the ICC have emphasized the Court’s independence, the Rome Statute stipulates that the relationship between the Security Council and the Court shall be governed by an agreement. The Rome Statute and the relevant agreement outline the modalities of interaction between the two institutions.
Examples of this relationship include: Examples of this relationship include the referral of situations involving States Parties and non-States Parties to the ICC Prosecutor for investigation and financing; judicial and legal cooperation; the Security Council’s authority to defer ongoing ICC investigations or prosecutions for a renewable period of twelve months; and the requirement that the exercise of the Court’s jurisdiction over the crime of aggression be contingent upon the Security Council’s determination of an act of aggression. Parties to the ICC Prosecutor for investigation and the financing thereof; judicial and legal cooperation; the Security Council’s authority to defer ongoing ICC investigations or prosecutions for a renewable period of twelve months; and the requirement that the exercise of the Court’s jurisdiction over the crime of aggression be contingent upon the Security Council’s determination of an act of aggression. These mechanisms illustrate the Security Council’s influence over the functioning of the ICC.
This study, based on a descriptive analytical method and library sources, aims to assess the independence of the International Criminal Court. The results show that the interactions and relationship between the Security Council and the Court, in some cases, seriously hurt the ICC's legitimacy and independence as a court. Consequently, the realization of international criminal justice, as envisioned by the drafters of the Rome Statute and advocates of global justice, faces substantial challenges. Therefore, where possible, solutions should be proposed to address these conflicts and challenges, and States Parties to the ICC should, through legal mechanisms, adopt measures to limit the Security Council’s influence and safeguard the independent decision making of the Court.