The United States Dropped the Atomic Bomb of Article 16 of the ICC Statute: Security Council Power of Deferrals and Resolution 1422
Mohamed El Zeidy*
VANDERBILT JOURNAL OF TRANSNATIONAL LAW, [Vol. 35:1503 (2002)]
This Article discusses the recent adoption of the Security Council Resolution 1422 and its impact on international law. The Author asserts that the United States?a major proponent
of Resolution 1422?desires to immunize its leaders and soldiers from the International Criminal Court’s jurisdictional powers.
The Author begins by describing the drafting history of Article 16 and its legal consequences. Upon highlighting the most significant reasons for opposing Resolution 1422, the Author delineates how the Resolution mirrors the inconsistency with the United Nations Charter and the Law of Treaties. Finally, the Author concludes that Resolution 1422 should be rejected because it violates certain peremptory norms and it conflicts with the letter and the spirit of existing international laws.
(*) Prosecutor at the Office of the Attorney General of the Arab Republic of Egypt
(1997-present); First Leutenant, Special Guarding Unit, Assigned to Protect the
Former Prime Minister of Egypt, (1995-1997); First Leutenant, Special Forces Anti-
Terrorism Unit, Egyptian Ministry of Interior Affairs (1993-1995); L.L.B, Police
Academy, Cairo, Egypt, 1993; B.Sc., Bachelors of Police Science, Police Academy, Cairo,
Egypt, 1993; LL.M., Public Law, Cairo University, Cairo, Egypt, 1999; LL.M.,
International Human Rights Law, Irish Centre For Human Rights, National
University of Ireland, Galway, 2001; Ph.D. cand.