Asset Freezing At The International Criminal Court And The United Nations Security Council PDF Download

The establishment of the International Criminal Court in 2002 was a milestone for international criminal justice. The Court was born into a world in which tentative ad hoc attempts had already been taken to ensure accountability for those responsible for the most heinous international crimes. These steps were enabled by the United Nations Security Council, a political organ with primary responsibility for maintaining international peace and security. The interaction and therefore the relationship between the Court and the Council is relevant due to the nature of their mandates. The crimes over which the Court has jurisdiction are genocide, war crimes, crimes against humanity and the crime of aggression. These crimes are likely to arise in a situation of which the Council is also seized in its attempt to maintain or restore international peace and security. Therefore, the question to be answered is: What is the legal relationship between the Court and the Council in so far as is the Court bound by decisions of the Security Council, notwithstanding that such decisions may restrict the Court's jurisdiction? Thus, this thesis examines the Council's authority to act under Chapter VII of the Charter and the limits that exist on this authority, being the thresholds established by its past practice, the Purposes and Principles of the UN Charter, the general international law principle of good faith and jus cogens norms. It analyses the legal position of the International Criminal Court in relation to the Council, taking into consideration the obligations and rights contained in the Court's Statute and the Relationship Agreement between the Court and the Council. Having established the legal relationship between the Court and the Council the thesis then looks at the Council's practice in relation to the Court to date, including the legality of the Chapter VII resolutions adopted and the effect of the finding of an ultra vires resolution on the Court and States party to its Statute. The impact of the Council's actions on the Court, and thus on the relationship between the two institutions is then assessed and it is suggested that a more positive approach to the Court by the Council could result in their being able to fulfill their respective mandates harmoniously.