Keeping the peacekeepers away from the court: The United States of America, the International Criminal Court and UN Security Council Resolution 1422.

摘要

Diplomatic stalemate at the seat of the UN Security Council is by no means a recent problem. Nevertheless, it may be argued that 'American unilateralism' reached its apex in July 2002, when the United States stood its ground and demanded immunity from prosecution before the International Criminal Court ("ICC") for US peacekeepers. This request was accompanied by the heavy-handed and deadly serious threat to veto the renewal of the UN peacekeeping mission in Bosnia, a threat which was realised over the course of the debates. This political brinkmanship, which pitted the United States against friends and foes alike, finally ceased when the US agreed to accept a Security Council Resolution offering a twelve-month deferral of prosecution for peacekeepers before the ICC. It is the legality of this Resolution which is the focus of this thesis. This thesis will expose the Resolution to the limits of international law and question the legitimacy of the tactics employed by the US. It will argue that in order to appease the recalcitrant superpower, the Security Council passed a Resolution contrary to both the Rome Statute of the ICC and the UN Charter. With the ICC still in its embryonic stage, this thesis will suggest the responses available to the Court when faced with a Resolution of such dubious legality which affects its jurisdiction to try the most heinous crimes known to humanity.