Masami, Moses Cyril
(2017)
United Nations Security Council Decisions on Third States’ Cooperation with the International Criminal Court.
Masters thesis, The Open University of Tanzania.
Abstract
This study embarks to investigate whether in accordance with the United Nations Security Council’s resolutions referring the situations in Darfur, Sudan and Libya to the International Criminal Court (ICC), Resolution 1593 (2005) and Resolution 1970(2011), United Nations member States not parties to the establishing Statute of the International Criminal Court (‘the Rome Statute’) may be compelled to cooperate with the ICC beyond what is envisaged under Article 87(5)(a) of the Rome Statute. While acknowledging the binding nature of Security Council decisions under Article 25 of the Charter of the United Nations, 1945. This study observes, that it might be a misleading view to consider the imposition of the cooperation obligations underlying operative paragraphs 2 and 5 of Resolutions 1593 (2005) and 1970 (2011) as having an automatic and direct enforcement against the respective UN member States. This study concludes, to that effect, that since by referring situations to the ICC in accordance with Article 13(b), the Security Council is presumed to have accepted that all issues relating to investigation, prosecution and cooperation into the referred situations shall be enforced in accordance with the procedural framework provided for in the Statute. Then in as along as long the ICC does not comply with the cooperation provisions underlying Part IX of its Statutes or as it stands, there is no proof that it has triggered Article 87(5)(a); the decisions underlying paragraphs 2, 3 and 5 in the above resolutions remain highly persuasive irrespective of the authority such decisions exert against the respective third States and the African Union in view of Chapter VII powers of the Security Council
under the UN Charter.
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