Can the United Nations Security Council delay the International Criminal Court investigation of Sudanese President Omar al-Bashir?
The Rome Statute establishing the ICC contains a provision, article 16, that allows the UN Security Council to pass a resolution (under its Chapter VII authority) to defer an ICC investigation or prosecution for a renewable period of 12 months. Article 16 states in full: “No investigation or prosecution may be commenced or proceeded with under this Statute for a period of 12 months after the Security Council, in a resolution adopted under Chapter VII of the Charter of the United Nations, has requested the Court to that effect; that request may be renewed by the Council under the same conditions.” Chapter VII of the UN Charter empowers the Security Council to take measures to “maintain or restore international peace and security” if it has determined “the existence of any threat to the peace, breach of peace or act of aggression.” Article 16 was never intended for use in other than exceptional circumstances. • Has the Security Council ever invoked article 16 of the Rome Statute? No. The
