ABSTRACT

The preamble to the Rome Statute, which established the International Criminal Court (ICC), confirms a determination "to establish an independent permanent ICC". The Statute provides for a prominent and wide-ranging involvement of the Security Council in the proceedings of the ICC as a powerful over-politicized organ with an established record of sidelining legal considerations. The Security Council has unlimited power to coerce States and enforce its will. Yet it could not be regarded from a legal perspective, as a dependable central enforcement authority due to its vague and undefined voting system. The experience of over half a century confirms however that the Council does not act in a norm setting manner. The Council moreover, rarely addresses the legality or even the consistency of some of its decisions. The Council enjoys a central and unparalleled place in people's contemporary international system.