Argument: UN Security Council can check/veto ICC prosecutions

Issue Report: International Criminal Court


Benjamin B. Ferencz, J.D. Harvard 1943 and a Former Nuremberg War Crimes Prosecutor. “Response to Henry Kissinger’s essay ‘The Pitfalls of Universal Jurisdiction’.” 2 July 2001 – “Administrative and budgetary controls are clearly defined. Without its own police force, the court must depend upon the Security Council to enforce its decisions. Enforcement can be vetoed by any of the five privileged Permanent Members, including the U.S. Kissinger’s reference to the ‘unlimited discretion’ of the prosecutor is unfounded. Many safeguards are written into the statute. A court that acts arbitrarily or seeks to abuse its limited powers will soon cease to exist.”