Can the UN Security Council take away the Prosecutor?s authority to investigate and prosecute this case?
Under article 16 of the Rome Statute for the ICC, the UN Security Council, acting under its authority to maintain peace and security, can defer an investigation or prosecution for a renewable period of one year. In the case of Darfur, the Security Council found Darfur to be a threat to peace and security. In 2005, in resolution 1593, the Security Council asked the ICC to investigate the situation in Darfur, and in June 2008, the Council unanimously reiterated the importance of the resolution, stating that justice and accountability are critical to achieve lasting peace and security in Darfur. A deferral under article 16 would contradict Security Council findings and requests thus far.
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