The Geopolitics of Group Referrals to the International Criminal Court and its Implications on the Court's Legitimacy and Credibility

Authors

Dr. Destaw A. Yigzaw

First Page

68

Abstract

Under the Rome Statute, situations are referred to the International Criminal Court (“ICC” or “Court”) either by a state party or the Security Council. In recent years, however, referrals from both sources have become difficult to come by. Instead, there is an evolving practice of referrals by a coalition of third states parties (“group referrals”). Yet, a group referral as a trigger mechanism does not have an explicit textual basis under the Rome Statute (“Statute” or “ICC Statute”). There is no rationale for it either, since a referral by a single state party is all that is needed to trigger the jurisdiction of the ICC. On the contrary, group referrals tend to be made by like-minded states parties against an unfriendly state or a geopolitical adversary. In other words, geopolitical consideration, rather than the pursuit of justice, appears to be the dominant feature in group referrals. That undercuts the legitimacy and credibility of the Court. Hence, there is a need to rethink the practice of group referrals.

Recommended Citation

Dr. Destaw A. Yigzaw, The Geopolitics of Group Referrals to the International Criminal Court and its Implications on the Court's Legitimacy and Credibility, 50 Brook. J. Int'l L. 68 (2024).
Available at: https://brooklynworks.brooklaw.edu/bjil/vol50/iss1/3