The relationship between the Security Council and the International Criminal Court has attracted significant academic and legal debate. This article seeks to contribute to that discussion by highlighting the political motivations behind Council referrals. A method of comparative case analysis is used, focusing on Sudan, Libya, Syria, Sri Lanka, and Israel. The analysis reveals that in addition to humanitarian concerns, several politicised motivations and factors influence referrals, including economic interests, political alliances, and military considerations. Some tentative recommendations for Security Council reform are put forth that could minimise the impact of realpolitik on international criminal justice.
|Journal||Irish Yearbook of International Law|
|Publication status||Published - 04 Dec 2014|