The Case for Removing the Security Council’s Powers from the International Criminal Court

Abstract

The Singapore compromise was the basis for the role of the United Nations Security Council (unsc) in the operations of the International Criminal Court (icc). The compromise was meant to enlist the support of superpowers. Yet, three of the five permanent members of the unsc; namely, China, Russia, and the United States have not only stayed out of the Rome Statute system but also have taken turns in undermining the icc. Thus, the political power they enjoy over the icc– an institution they refuse to recognize–defies elementary requirements of legitimacy. Crucially, the lack of consensus in the unsc due to growing big power confrontations means that it has been unable to make referrals for over a decade. The price the icc pays in terms of its independence and legitimacy due to its association with the unsc is thus for little gain.