The Research On The Relationship Between The International Criminal Court And The United Nations Security Council

From the preparation of the International Criminal Court, the establishment of it to its operation, how to deal with the relationship between the International Criminal Court and the United Nations Security Council has been always the focus of most attentions in international society. By interpreting the clauses of the laws, analyzing the practice, the article reveals that there are not only compatibilities but also conflicts between the two bodies. The compatibilities are mainly as follows:First, the two bodies share the same purpose in maintenance of international peace and security. The consistency of purpose conditions the consistency and compatibility of the two bodies in the essence. Second, the legal status of the two bodies is equal. Third, the two bodies cooperate in practical work. The conflicts between them are mainly as follows:First, Article 5, paragraph 2 of the Rome Statute implicitly recognized the predetermination power of the United Nations Security Council in the act of aggression, which affects the jurisdiction of the International Criminal Court under the crime of aggression. Second, Article 13 of the Rome Statute gives the Security Council a power to refer the situation to the International Criminal Court, as is a positive role. However, the actual operation of the power has deviated. The resolution 1593 referred the situation in Darfur to the International Criminal Court, which is significant, but certain provisions of the resolution limit the jurisdiction of the International Criminal Court, which not only violates the convention but also undermines the independence of the International Criminal Court. Third, Article 16 of the Rome Statute endows the Security Council, which is a political institution a power to defer the prosecution or investigation of the court, which provides an opportunity for political interference in judicial practice. In practice, a series of events show that the Security Council affects the judicial independence of the International Criminal Court in certain extents. Fourth, according to the Rome Statute, part of the financial sources of the International Criminal Court will support from the United Nations. It's possible that the Security Council will interfere the judicial activities of the court. From the perspective of the ideal, the ideal of the International Criminal Court is international rule of law in criminal justice. In order to exclude the political pressures from the United Nations Security Council completely, the Security Council must be reformed according to the rule of law. From a practical perspective, the International Criminal Court has to find a compromise and balance, within restricting the Council's powers in the current framework. First, it should endow the power of the International Criminal Court to determine the acts of aggression. Second, it should introduce the mechanism of the International Criminal Court to review the resolutions of the Security Council. Third, we can delete Article 115, paragraph 2 of the Rome Statute. Researching the relationship between the International Criminal Court and the United Nations Security Council has theoretical and practical significances. It is not only conducive to promoting the development of international criminal judicial theory, but also helpful to the international criminal judicial practice.