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International Criminal Justice: an Institutional Future?

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Chapter Summary

The relationship between the International Criminal Court (ICC) and the Security Council is important in order for international criminal justice to have an institutional future since the ICC needs to rely on the Council to ensure that it can operate effectively in practice: to get important cases as a result of Security Council referrals and to ensure that its decisions are complied with by States. This chapter focuses on the two main areas of this relationship: the referral by the Security Council of cases to the ICC and the problem of the enforcement of ICC decisions. Several of the issues contained in these areas are applied to consider the important first referral of a situation by the Security Council to the ICC in relation to Darfur. The contribution of the ICC is not limited to prosecuting crimes of international concern, but also includes a contribution to the establishment of peace.

Keywords: Darfur; establishment of peace; International Criminal Court (ICC); international criminal justice; UN Security Council



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