Hastings International and Comparative Law Review


Sienho Yee


The International Law Commission (ILC) has recently completed a Draft Statute for the world's first International Criminal Court. Article 23 of the Draft Statute attempts to strike a proper balance between the role of the proposed International Criminal Court and that of the United Nations Security Council. This Commentary examines the primary shortcomings of the ILC Draft Statute's suggested Article 23. The Commentary then proposes a reformulation of Article 23 in an attempt to address those shortcomings.