The ICC’s Jurisdiction Following a Security Council’s Referral of a Situation Concerning Citizens of States Non-Parties to the ICC: the Situation in Sudan and Libya (Art. 25 UN Charter & 13(b) ICCRSt)
The general obligation of states parties to cooperate, enshrined in Article 86 ICCRSt, also applies to states non-parties to the Rome Statute, when referred to the ICC pursuant to Article 13 (b) ICCRSt. In particular, Article 86 ICCRSt, under the title “General Obligation to Cooperate”, is the first Article of Part 9 on “International Cooperation and Judicial Assistance” and stipulates that: “States Parties shall, in accordance with the provisions of this Statute, cooperate fully with the Court in its investigation and prosecution of crimes within the jurisdiction of the Court.” This obligation of cooperation in Article 86 ICCRSt is also enshrined in UNSC Resolutions through which the UNSC, pursuant to Article 13 (b) ICCRSt, refers states nonparties to the ICC, thus establishing the ICC’s jurisdiction over them. It is a fact that the establishment of a permanent and international system of criminal justice over international crimes appears to have as its main goal the elimination of impunity concerning the crime of genocide, war crimes, crimes against humanity as well as the crime of aggression.
The Security Council also issued Resolutions 1593 (2005) and 1970 (2011); the former referred the situation in Darfur (Sudan) to the ICC, and the latter, the situation in Libya. Both resolutions are thoroughly reviewed in this chapter and a few important conclusions are drawn from the Security Council’s position regarding the true application of international criminal justice.