Security Council Referrals to the ICC: A Politicised System

Research output: Contribution to journalArticle

Abstract

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.
Original languageEnglish
Pages (from-to)117-148
JournalIrish Yearbook of International Law
Volume7
Issue number2012
Publication statusPublished - 04 Dec 2014

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