What Should be the Relationship between the International Criminal Court and the United Nations Security Council in the Crime of Aggression?

What Should be the Relationship between the International Criminal Court and the United Nations Security Council in the Crime of Aggression?



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This is a very considerable concession as the grounds on which a prosecution can be commenced in the Court are by only one of those three ways: referral by a state party (Article 13(a)); referral by the Security Council (Article 13(b)); or through the Prosecutor’s investigations (Article 13(c)). Even with the latter method the Prosecutor cannot act entirely autonomously, but must, per Article 15 of the Statute, submit what is effectively a prima facie case to the Pre-Trial Chamber for their consideration and authorization to proceed with the investigation. And even then, the principle of complementarity (which makes the ICC a court of “last resort”[34]) allows a state party to tell the ICC that it will prosecute the matter and so bring the case back to its own national courts.[35]