Judicial independence of the international criminal court: a case study of the relationship between the international criminal court and the United Nations Security Council

Abstract

The research sought to establish the extent of the judicial independence of the ICC with particular reference to its relationship with the United Nations Security Council (UNSC). The research provides a critical analysis on the development of the international criminal justice system and the role played by the UNSC before the establishment of the ICC. This research traced the history of the ICC, starting by looking at other institutions that were established before the ICC. The research also looks at mechanisms that are found in the Rome Statute that enhance judicial independence of the ICC. Further, this dissertation investigates some of the challenges that are bedevilling the ICC as a result of the involvement of the UNSC in ICC processes. This is in light of the fact that, the referrals, deferrals and enforcement processes in the ICC, where the UNSC is involved has resulted in controversy and negatively affected the integrity and impartiality of the ICC. The research also proffered some recommendations, on how the UNSC and ICC can co-exist and complement each other whilst performing their different mandates of maintaining peace and security and justice delivery, respectively