Citation

Trahan J. J. Int. Crim. Justice 2019; 17(3): 471-483.

Copyright

(Copyright © 2019, Oxford University Press)

DOI

10.1093/jicj/mqz022

PMID

unavailable

Abstract

This article revisits the role of the United Nations (UN) Security Council in making referrals of the crime of aggression to the International Criminal Court (ICC). It examines the increase in significance of the role of the Security Council caused by the apparent jurisdictional limitations in the resolution activating the ICC's jurisdiction over the crime when cases are initiated through State Party referral or proprio motu. Since these jurisdictional limitations seemingly decrease the possibility for ICC crime of aggression cases to be initiated without Security Council referral, they also render the Prosecutor less able to play a role in prevention or providing early warning regarding the crime. This increases the need for the Security Council to fulfil this prevention or early warning function, which is entirely appropriate given the Security Council's primary responsibility under the UN Charter for the maintenance of international peace and security. The General Assembly may, although to a lesser extent, be able to play a similar role.

© The Author(s) (2019). Published by Oxford University Press. All rights reserved.

Language: en