The International Criminal Court in the System of States and International Organizations

Abstract

The International Criminal Court has a different mandate – exercise of criminal jurisdiction over individuals – from most international organizations. It may help to develop the law of international organizations concerning structure and internal operations, relationships with states, and relationships with other international organizations, as well as concerning relationships with individuals. The ICC assigns its judicial and quasi-political functions appropriately. Notably, the power to make agreements is divided functionally among the judicial and prosecutorial Organs and the Assembly of States Parties. The relationship between the ICC and states that are not parties to its Statute is far more important to the ICC than to most international organizations. Where situations are referred to the Court by the United Nations Security Council, such states may be required to cooperate with the Court because of their duties under the UN Charter. Other situations require agreement to cooperate by the non-party state.