ABSTRACT
The process in the Security Council is very different from judicial proceedings. The role of the Security Council has become increasingly central in the enforcement of international legal norms. The essence of the politicization argument is thus a concern about a confusion of mandates; a concern about the judicial role and integrity of the International Criminal Court (ICC); about an encroachment by the Court on the responsibilities of the Security Council —and finally about a necessary distinction between the legal and political spheres. The argument has been raised in support of a clear division of labour between the ICC and the Security Council, namely that the Court would only consider the question of individual criminal responsibility while the question of State responsibility for an act of aggression would be left to the Security Council.
