A Critical Examination of the Procedure for Instituting Criminal Proceedings Before the International Criminal Court

Abstract

In order to maintain world peace and security, the International Criminal Court was established deriving its sanctity through the famous Rome Statute, which in itself makes provision for the ways and manners upon which criminal proceedings can be instituted before the said Criminal Court. There are three different methods to do this, which are; through a referral by a State Party, through a referral by the Security Council of the U.N. and through the I.C.C. Prosecutor acting on his or her volition. This article found and revealed that, upon a critical examination of the methods referred to above, there are challenges bedeviling the triggering mechanisms of instituting proceedings before the Court. This work accordingly proffered suggestions upon an examination of the above mentioned commencement procedures.

Keywords: State referrals, self-referral, power, political proclivities, propriomotu authority