The International Criminal Court (ICC) is a treaty-based court that functions to end impunity for perpetrators of the gravest crimes that concern the international community. As of July 1, 2012, 121 have countries ratified the Rome Statute, the treaty governing the ICC, expressing their acceptance of the Court’s jurisdiction. The ICC is fully independent from the United Nations, yet the Rome Statute problematically allows for the United Nation’s Security Council to refer an issue to the ICC, whether or not the issue relates to a country that has ratified the treaty. This Note uses the 2011 conflict in Libya to demonstrate that the UN Security Council should not have the power to refer and issue to the ICC in a manner that allows the Court to improperly expand its jurisdictional reach and infringe on the sovereignty of nations.
Jennifer N. Eseed,
The International Criminal Court's Unjustified Jurisdiction Claims: Libya As A Case Study,
Chi.-Kent L. Rev.
Available at: https://scholarship.kentlaw.iit.edu/cklawreview/vol88/iss2/15