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> A Universal Court with Global Support > Cooperation Agreements and Enforcement > Cooperation with the United Nations

General Background
Pursuant to Article 2 of the Rome Statute, on 4 October 2004 the Secretary General of the United Nations and the President of the International Criminal Court signed an agreement that provides for the structure of the relationship between these institutions.

The UN-ICC Relationship Agreement, which entered into force upon signature, recognises the mandates and independence of both institutions, defines the scope of their relationship and outlines the conditions under which the UN and the ICC will cooperate. This relationship, as elaborated in the Agreement, deals with both institutional issues and matters pertaining to judicial assistance and cooperation.

Institutional Relations
The negotiated Relationship Agreement provides for a wide range of institutional cooperation. In this regard, it includes, inter alia, issues like the participation of the ICC, in the capacity of observer, in the UN General Assembly; exchange of information provisions; the obligation to consult each other on matters of mutual interest; exchange of representatives; administrative cooperation issues; the provision of conference services on a reimbursable basis; financial matters; and the possibility for certain ICC officials to use the UN laissez-passer as a valid travel document.

Judicial Assistance
Concerning judicial assistance, the UN, in accordance with the Agreement and its Charter, agrees to cooperate with the Court whenever the latter requests the testimony of an official of the United Nations or of one of its programmes, funds or offices. The Agreement also addresses issues pertaining to the waiver of privileges and immunities of UN officials as well as the protection of the content of documentation rendered to the UN by States or intergovernmental organisations on a confidential basis. Furthermore, it develops the relationship of the UN Security Council and the Court as well as the framework under which the United Nations is to cooperate with the Office of the Prosecutor of the ICC.

The UN Security Council and the ICC
Articles 13 (b) and 16 of the Rome Statute define the two prerogatives that the UN Security Council, when acting under Chapter VII of the UN Charter, holds vis-à-vis the Court. The first Article establishes the ability of the Council to refer to the Prosecutor a situation in which one or more crimes under the jurisdiction of the Court appear to have been committed (UN Security Council Resolution 1593/2005, Referral to the Prosecutor of the Situation in Darfur). The latter allows the Security Council to defer the commencement or continuation of ‘an investigation’ or ‘a prosecution’ for a renewable period of 12 months (UN Security Council Resolutions 1422/2002 and 1487/2003). Both conditions are further developed in Article 17 of the Agreement, in which a communication procedure is added to ensure the effectiveness of these two provisions.

The UN and the ICC Prosecutor
Article 18 of the Agreement sets the terms of cooperation between the United Nations and the Office of the Prosecutor (OTP). The UN undertakes to cooperate with the OTP in particular when the Prosecutor exercises his or her duties and powers with respect to an investigation and seeks the cooperation of the United Nations pursuant to Article 54 of the Rome Statute. Such cooperation will consist mainly of the exchange of information for the purpose of generating new evidence, which can be subject to conditions of confidentiality of the information, protection of persons and security of any operation or activity of the UN.