The UN Security Council and the International Criminal Court

The Referral Mechanism in Theory and Practice

Elgar International Law series

Gabriel M. Lentner, Assistant Professor, Danube University Krems, Austria and Fellow, Stanford University, US

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), centred 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.

‘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

2018 240 pp Hardback 978 1 78811 731 9 £108.00 £80.00 $108.00 $120.00

Elgaronline 978 1 78811 732 6

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