Drawing on both theory and practice, this insightful book offers a comprehensive analysis of the relationship between the United Nations Security Council (UNSC) and the International Criminal Court (ICC), centered on the referral mechanism. Arguing that the legal nature of the referral must be conceptualized as a conferral of powers from the UNSC to the ICC, the author explores the complex legal relationship between interacting international organizations.

With a novel approach to the relationship between the UNSC and the ICC, this book addresses important questions raised in practice. In particular, Gabriel M. Lentner explores issues regarding any limits and conditions for referral under the UN Charter and the Rome Statute, and the legal effects on heads-of-state immunity, as well as the validity of jurisdictional exemptions for other specific categories of nationals. This is a persuasive study into the powers of the UNSC with respect to international criminal law.

With its timely focus on an important topic, this book will be vital reading for academics in international institutional law, international criminal law, and human rights law. ICC judges and lawyers, as well as lawyers involved in the UN, governments, and non-governmental organizations will also benefit from this book.

Critical Acclaim

‘The field of international criminal justice owes its growth more to practice than to theory. Hugely important theoretical questions have often been given short shrift. But not by Gabriel Lentner. In an accessible style and on the basis of wide reading, he addresses head-on one of the most fundamental theoretical questions pertaining to the International Criminal Court: what is the legal nature of referrals made by the United Nations Security Council to the ICC of situations in states that are not parties to the Statute? He illustrates the significance of that question with supreme verve. A most promising debut.’
– Sarah M.H. Nouwen, University of Cambridge and Pembroke College, UK

‘This book presents a comprehensive examination of the development and practice of the UN Security Council’s referral mechanism under Article 13(b) of the Rome Statute. Dr Lentner has left no stone unturned. This is an invaluable book for anyone researching and teaching on the most critical trigger mechanism of the International Criminal Court. A must read for all international criminal justice academics and practitioners.’
– Harry M. Rhea, Rutgers University– Camden, United States Navy and Academy of Criminal Justice Sciences International Section, US

‘Lentner has produced a thoughtful, comprehensive treatment of the relationship between the ICC and the Security Council. The book is rigorous and timely, addressing issues that will shape the ICC’s role in the global legal order. This is a major contribution to the literature that will prove valuable to scholars and practitioners alike.’
– Margaret M. deGuzman, Temple University, Beasley School of Law, US

‘By showing that the International Criminal Court (ICC) is a Janus-faced institution, the book demonstrates how the Security Council’s referrals to the ICC do not necessarily serve the purposes of international criminal justice. Thought-provoking and skilfully written, Dr Lentner’s monograph stands out as a unique piece of scholarly literature.’
– Rossana Deplano, University of Leicester, UK

Contents

Contents: Acknowledgements 1. Introduction 2. Legislative History of the Referral Mechanism 3. The Legal Nature of Security Council Referrals 4. The Powers of the Security Council under the UN Charter 5. The ICC’s Exercise of the Powers Conferred by the Security Council 6. The Security Council Referrals in Practice 7. Key Issues of the Security Council Referrals in Practice 8. Conclusions: The Janus Face of the International Criminal Court Index