Part I Context, Challenges, and Constraints, 1 The International Criminal Court (ICC) and Double Standards of International Justice
Edited By: Carsten Stahn
- International courts and tribunals, powers — Crimes against humanity
This chapter situates the ICC’s practice to date in the context of the perceived ‘double standard’ dilemmas that international criminal justice continues to face. The Rome Statute’s consent-based jurisdictional regime-with the exception of the Security Council referral mechanism-has inherent limitations. This contribution examines the causes and the effects of these limitations over the course of the last decade of Court activities, as well as possible ways to address this dilemma. It argues that Security Council practice has shown three distinct negative features: (i) selectivity, (ii) substantive shortcomings in the referral resolutions, and (iii) a lack of meaningful follow-up. This calls for an improvement of the Council’s working methods that maintains the judicial independence of the Court.