معارف
Volume 21, Numéro 1, Pages 131-150
2026-06-30
The Role Of The United Nations Security Council In Activating The Procedures Of The International Criminal Court Under The Rome Statute
Authors : Louni Nacera .
Abstract
Abstract: In particular, the two procedures of referral under Article 13(b) and deferral under Article 16 of the Rome Statute are crucial in enabling the International Criminal Court's authority. Referring a scenario to the International Criminal Court reflects the Security Council's role in initiating the Court's processes. Even if the state where the crimes were committed is not a signatory to the Rome Statute, the Security Council may submit cases including crimes of genocide, war crimes, and crimes against humanity to the Prosecutor in accordance with Chapter VII of the UN Charter. Additionally, by circumventing the need that the state be a party, such a referral enables the Court to exercise jurisdiction on a more extensive international basis, as in the cases of Libya and Darfur. Additionally, if the Council believes that a suspension would promote global peace and security, it may request that any investigation or prosecution be put on hold for a renewable term of twelve months. Additionally, the Security Council has a responsibility in compelling governments to assist the Court in carrying out investigations and carrying out arrest warrants, especially when peace is in jeopardy. Such referral also makes it possible to bypass the prerequisite that the state must be a party, thereby allowing the Court to exercise jurisdiction on a broader international basis, as in the cases of Libya and Darfur. The Council also has the right to request the suspension of any investigation or prosecution for a renewable period of twelve months if it considers that such suspension serves international peace and security. Furthermore, the Security Council plays a role in obliging states to cooperate with the Court in executing arrest warrants and conducting investigations, particularly when peace is threatened.
Keywords
Security Council ; International Criminal Court ; Rome Statute ; referral ; deferral
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