Fulvio Maria Palombino (Università degli Studi di Roma Tor Vergata)

The relationship between the International Criminal Court and the United Nations

Venue: Room A2, CLE – Lungo Dora Siena 100

Abstract: Among the often-neglected institutional aspects of the International Criminal Court (ICC), its relationship with the United Nations (UN) stands out as a topic deserving far more attention in international legal scholarship. Indeed, despite not being established within the UN, the daily life of the ICC is strictly intertwined with the activity of several organs of the former: suffice it to mention the power of the UN Security Council (UNSC) to trigger the ICC jurisdiction, as well as the chance that State responsibility for international crimes is discussed before the International Court of Justice while proceedings against individuals for the same heinous conduct take place before the ICC. Moving from the recent decision by the Pre-Trial Chamber I to issue a warrant of arrest against Mr. Elmasry, the seminar will delve into the complex relationship between the UN and the ICC, focusing on the role of the UNSC to trigger or defer the exercise of jurisdiction by the ICC.

Discussants:
Alice Civitella, PhD Candidates in International Law, Università degli Studi di Torino
Margherita Penna, Centro Alti Studi per la Difesa (CASD), Università degli Studi di Torino