|
Sumary
The article discusses the ICC s exercise of jurisdiction by referral of a situation by the UNSC acting in
accordance with the provisions of Chapter VII of the UN Charter. It attempts to establish the existence of
principles of criminal procedure applicable in cases referred to it by the Security Council that, although
they have so far been only two – Darfur and Lybia - have left material of sufficient analysis to examine
which has been the procedural handling of investigations that give rise to the cases in which currently
involved the International Criminal Court. This point of analysis proved interesting considering that
nothing said the Rome Statute on the adoption of preliminary decisions when the situation would have
been sent to the ICC by the UNSC. |
