The International Criminal Court, the Security Council and Darfur: A Critique

This book considers the relationship between the International Criminal Court (ICC) and the United Nations Security Council (UNSC) under three major aspects: triggering the jurisdiction of the Court when the Security Council adopts a resolution requesting that under Article 13 (b) of the Rome Statute; delaying the Court’s action by UNSC according to Article 16 of the Rome Statute; and the cooperation between the two institutions in cases where the Council refers to the Court situations, and also with regard to state-party referrals, and situations initiated proprio motu by the Prosecutor.

The book analyzes this relationship according to Resolution 1593 (2005) by which the Security Council assigned the situation in Darfur to the Court. It highlights the main flaws of this Resolution, and discusses the African Union’s position towards the Court.