The ICC and the Security Council: How Much Support is There for Ending Impunity?

Abstract

The Article explores the relationship between the International Criminal Court (ICC) and the United Nations Security Council in the context of the ICC Prosecutor's recent decision to suspend her investigation into crimes committed in Darfur. Given that the situation in Darfur was referred to the ICC by the Security Council, what does the suspension of the investigations say about the relationship between the court and the Council? Despite persistent Security Council paralysis, there is broad support for the ICC within the Council. In fact, but for the threat of a Russian or Chinese veto, it is very likely that the Security Council would already have acted to apply pressure to Sudan to encourage Sudanese cooperation with the court. Support for the ICC is also widespread within the General Assembly. Essentially, support for the court and for ending impunity is quite broad while opposition to the court is very narrow. This bodes well for the eventual success of the court, although the short to medium term is likely to be marked by continued paralysis.