This article explores the efficacy of the International Criminal Court (ICC) referral mechanisms, focusing on the State Party and Security Council referral methods. Under the current structure of the ICC and in the current political climate, Security Council referrals to the ICC have no more enforcement behind them than State Party referrals or investigations initiated by the ICC Prosecutor, even though the Security Council theoretically can back up its referrals with Chapter VII authority. This is the case because the Security Council has not chosen to exercise its Chapter VII powers outside of the referral itself. However, the ICC could choose to modify its structure and jurisdiction in the hope of gaining the support of the US. If the US reversed its position on the ICC, then the US could influence the Security Council to issue more effective resolutions that would raise the chances of states assisting the ICC in its investigations and enforcing ICC arrest warrants.
Increasing the Effectiveness of the S
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"Increasing the Effectiveness of the Security Council's Chapter VII Authority in the Current Situations Before the International Criminal Court"Please download to view full document