The question concerning the relationship between the United Nations and the International Criminal Court proved controversial during the drafting of the Rome Statute. While some delegates were concerned about the impact of this relationship on the independence and operations of the Court, others viewed it as key to ensuring the acceptance of the Court. Two decades after the adoption of the Rome Statute and the establishment of the International Criminal Court, this relationship has proved to be a source of problems. This article reviews the efficacy of the relationship between the International Criminal Court and the United Nations Security Council. It argues that the relationship has not only failed to fulfil its intended objectives but has plunged the International Criminal Court into a crisis of legitimacy. The article argues that given the relationship’s failure to live up to the expectations of the drafters of the Statute, and the substantial damage it has caused to the Court’s image, it is in the best interest of international criminal justice to discontinue this relationship.

中文翻译：

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盟友还是敌人？国际刑事法院与联合国安理会关系回顾

在起草《罗马规约》期间，关于联合国与国际刑事法院之间关系的问题被证明是有争议的。虽然一些代表担心这种关系对法院的独立性和运作的影响，但其他代表则认为这是确保法院接受的关键。在《罗马规约》通过和国际刑事法院成立二十年后，这种关系已被证明是问题的根源。本文回顾了国际刑事法院与联合国安理会之间关系的效力。它认为，这种关系不仅未能实现其预期目标，而且使国际刑事法院陷入合法性危机。