The relationship between the Security Council and the International Criminal Court in the light of Resolution 1422 (2002)

Abstract

On 12 July 2002, the Security Council adopted Resolution 1422, in which it requested that the International Criminal Court ("ICC") not commence or proceed with the investigation or prosecution of any case that may arise concerning acts or omissions relating to an operation established or authorized by the United Nations involving current or former officials or personnel from a state contributing to that operation which is not a party to the Statute of the ICC (or "the Rome Statute"). This request was stated to have been made "consistent with the provisions of Article 16 of the Rome Statute", which allows the Security Council to make requests in resolutions adopted under Chapter VII of the United Nations Charter deferring any investigation or prosecution at the ICC for a period of twelve months. The aim of this paper is to examine the compatibility of Resolution 1422 with the conditions required under article 16 of the Rome Statute, within the broader context of the relationship between the Security Council and the ICC.