{"title":"从国际刑事法院撤销安全理事会权力的理由","authors":"D. Yigzaw","doi":"10.1163/15718123-bja10143","DOIUrl":null,"url":null,"abstract":"\n The Singapore compromise was the basis for the role of the United Nations Security Council (unsc) in the operations of the International Criminal Court (icc). The compromise was meant to enlist the support of superpowers. Yet, three of the five permanent members of the unsc; namely, China, Russia, and the United States have not only stayed out of the Rome Statute system but also have taken turns in undermining the icc. Thus, the political power they enjoy over the icc– an institution they refuse to recognize–defies elementary requirements of legitimacy. Crucially, the lack of consensus in the unsc due to growing big power confrontations means that it has been unable to make referrals for over a decade. The price the icc pays in terms of its independence and legitimacy due to its association with the unsc is thus for little gain.","PeriodicalId":55966,"journal":{"name":"International Criminal Law Review","volume":" ","pages":""},"PeriodicalIF":0.8000,"publicationDate":"2022-10-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"The Case for Removing the Security Council’s Powers from the International Criminal Court\",\"authors\":\"D. Yigzaw\",\"doi\":\"10.1163/15718123-bja10143\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"\\n The Singapore compromise was the basis for the role of the United Nations Security Council (unsc) in the operations of the International Criminal Court (icc). The compromise was meant to enlist the support of superpowers. Yet, three of the five permanent members of the unsc; namely, China, Russia, and the United States have not only stayed out of the Rome Statute system but also have taken turns in undermining the icc. Thus, the political power they enjoy over the icc– an institution they refuse to recognize–defies elementary requirements of legitimacy. Crucially, the lack of consensus in the unsc due to growing big power confrontations means that it has been unable to make referrals for over a decade. The price the icc pays in terms of its independence and legitimacy due to its association with the unsc is thus for little gain.\",\"PeriodicalId\":55966,\"journal\":{\"name\":\"International Criminal Law Review\",\"volume\":\" \",\"pages\":\"\"},\"PeriodicalIF\":0.8000,\"publicationDate\":\"2022-10-26\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"International Criminal Law Review\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1163/15718123-bja10143\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"International Criminal Law Review","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1163/15718123-bja10143","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"LAW","Score":null,"Total":0}
The Case for Removing the Security Council’s Powers from the International Criminal Court
The Singapore compromise was the basis for the role of the United Nations Security Council (unsc) in the operations of the International Criminal Court (icc). The compromise was meant to enlist the support of superpowers. Yet, three of the five permanent members of the unsc; namely, China, Russia, and the United States have not only stayed out of the Rome Statute system but also have taken turns in undermining the icc. Thus, the political power they enjoy over the icc– an institution they refuse to recognize–defies elementary requirements of legitimacy. Crucially, the lack of consensus in the unsc due to growing big power confrontations means that it has been unable to make referrals for over a decade. The price the icc pays in terms of its independence and legitimacy due to its association with the unsc is thus for little gain.
期刊介绍:
Thus there is also a need for criminological, sociological and historical research on the issues of ICL. The Review publishes in-depth analytical research that deals with these issues. The analysis may cover: • the substantive and procedural law on the international level; • important cases from national jurisdictions which have a bearing on general issues; • criminological and sociological; and, • historical research.