La Cour pénale internationale et les Nations Unies

The ICC is legally and functionally independent of the UN. However, the Statute recognizes that the grave crimes within the jurisdiction of the Court "threaten the peace, security and well-being of the world" and recognizes the specific role of the UN, including the Security Council. According to Article 2, the Court is brought into relationship with the UN through an agreement to be approved by the Assembly of States Parties – a Negotiated Relationship Agreement between the ICC and the UN was concluded in 2004. Articles 13-b and 16 of the Statute consider two different modalities of interaction of the Security Council with the Court. The first provides for a "positive" power of the Security Council : the right of referral of a situation in which one or more of such crimes appears to have been committed to the Prosecutor of the ICC. The second recognizes the "negative" power to temporarily defer an investigation or prosecution by the Court. Moreover, new Articles 8 bis, 15 bis and 15 bis define the crime of aggression and determine the conditions for the exercise of the Court's jurisdiction over this crime as of July 17, 2018, in accordance with the relevant provisions of the Charter.