Originally published on the CGS blog on June 11, 2010.
By: Ariela Blatter
The delegation from the United Kingdom (UK) states that any future action by state parties in prosecuting crime of aggression must respect the PRIMACY of the UN Security Council. Citing Article 39 of the UN Charter, the UK delegation re-asserts that it is the UNSC that has the expertise to determine an act of aggression. In a momet of levity the head of the English delegation calls the opening text, or preamble of the adopted text the most boring thing he has ever read, and asks that the official record reflects this text.
Is this a prelude of a fight to come? Did the UK put a line in the sand that the UN Security Council is the EXCLUSIVE body to decide aggression? Will they object in seven years to the ability of the Court to act independently of the UN Security Council? Will the UK and other members of the UN Security Council roll back the progress that was made only 10 minutes ago when a standing ovation at Kampala welcomed the decision to announce the ICC as first permanent international court that would have jurisdiction over the crime of aggression?
Only time will tell at this point….
