The UN and the ICC: Navigating the Persistent Tension between Peace and Justice

This paper examines the evolving and complex relationship between the International Criminal Court (ICC) and the United Nations (UN), focusing on the persistent tension between peace and justice in the context of international criminal accountability. Although the ICC was established as an independent international organisation, its mandate intersects with that of the UN, particularly in conflict situations where the prosecution of atrocity crimes may disrupt ongoing peace processes. The analysis begins by exploring the legal foundations of UN-ICC cooperation, as set out in the Rome Statute and the 2004 Relationship Agreement, before turning to the practice of Security Council referrals and deferrals. It then examines the role of UN peacekeeping operations in supporting the work of the Court, highlighting both opportunities and limitations in judicial assistance and operational cooperation. Finally, the paper discusses the potential use of UN mechanisms to enforce ICC decisions and protect the Court’s independence, especially in light of recent challenges posed by powerful non-State parties. Through case studies such as Sudan, the DRC, Ukraine, Palestine and Libya, the paper shows that while institutional tools for effective cooperation exist, their implementation is too often impeded by political selectivity and lack of will.