Can the Security Council “suspend” the investigations and prosecutions of the ICC?
Yes. Article 16 of the Rome Statute authorises the Security Council to request the Court to suspend an investigation or prosecution for a period of 12 months (renewable), if it considers that the Court’s actions threaten international peace and security. It is worth mentioning here that this does not mean calling off the procedures, but stalling them for a limited period of time. No state or institution has the power to request the Court to bring to an end its investigations or prosecutions. From the moment the Prosecutor submitted its request in July, the League of Arab States and the African Union took steps to call upon the United Nations Security Council to suspend investigations ad prosecutions in accordance with Article 16. The issue has nonetheless not been formally debated within the Council because its members have divergent positions on such a suspension. For some States, allowing the ICC proceedings to move forward is essential in order to pursue peace in Sudan. These States
