CYIL 2015

CAROLLANN BRAUM CYIL 6 ȍ2015Ȏ Should the Security Council consider that measures provided for in Article 41 would be inadequate or have proved to be inadequate, it may take such action by air, sea, or land forces as may be necessary to maintain or restore international peace and security. 20 These provisions make up the legal bases for Security Council resolutions when peace and stability have been disrupted and/or acts of aggression have been found. Recently, with regard to a resolution to refer the situation in Syria to the Court, Russia claimed that it would hinder the other Article 41 and 42 mandates if the situation was referred to the Court. 21 Consequently, Russia and China, both of whom have political ties to Syria, vetoed the resolution. Therefore, we can already see that there may be a conflict between a Court prosecution and the Council mandates. However, these excuses to veto a referral could certainly be politically motivated and not legally realistic. At that, it is time to first turn to the onus of the Court and then explore whether conflict or cooperation will be prevalent. 2.2 The International Criminal Court The International Criminal Court was by far one of the longest works in progress of the international community. It has been said that the “road to Rome” was a long, grueling, and very contentious process. 22 Calls for an international criminal court began long before thoughts of a Security Council. However, it took the trials and tragedies of the twentieth century for the international community to finally come to an uneasy consensus on the creation of such a court. 23 The process involved the International Law Commission creating a draft statute for an international criminal court, a Preparatory Committee (PrepCom) launched by the U.N. General Assembly, the work of many NGOs and leading international experts, and the United Nations Conference of Plenipotentiaries on the Establishment of an ICC (Rome Conference), all leading up to 120 out of the 160 participating nations voting in favor of the final draft of the Rome Statute and the 60 requisite ratifications and deposits thereof almost four years later, on 11 April 2002, creating the Assembly of States Parties. 24 Finally, the Rome Statute entered into force on 1 July 2002. 25 As such, the Assembly of States Parties announced to the world in Article 1: 20 Id . at art. 42. 21 BLACK, Ian, Russia and China veto UN move to refer Syria to international criminal court , The Guardian, 22 May 2014, URL: [cit:2015-08-15] RUSSIA AND CHINA VETO DRAFT SECURITY COUNCIL RESOLUTION ON SYRIA, UN News Centre, URL: [cit: 2015-08-15]. 22 PARIS, Edna, The Sun Climbs Slow: The International Criminal Court and the Struggle for Justice , 2009. 23 Id . 24 HISTORY OF THE ICC, Coalition for the International Criminal Court, URL: [cit: 2015-08-13]. 25 Id .

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