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Books > Law > International law > International criminal law
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The UN Security Council and the International Criminal Court - The Referral Mechanism in Theory and Practice (Hardcover)
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The UN Security Council and the International Criminal Court - The Referral Mechanism in Theory and Practice (Hardcover)
Series: Elgar International Law series
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'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 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.
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