Referral to the International Criminal Court to reduce impunity

Abstract

The Statute of the International Criminal Court stipulated the referral mechanism
by states and by the UN Security Council as one of the basic guarantees to put an
end to impunity, so that a case can be referred to the court in which one or more
crimes are suspected of being committed within the jurisdiction of the court, and
this referral is either by states, and here we must distinguish between referral by a
state party or referral by a non-state party and the conditions of each. As for the
referral that takes place through the Security Council when it acts based on
Chapter VII of the Charter of the United Nations, through this study we will try to
shed light on the importance of referral, especially from a practical point of view,
and its effectiveness in achieving international criminal justice, putting an end to
impunity that has remained a permanent feature despite the existence of many
international agreements that criminalize these practices and impose penalties on
perpetrators