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The International Criminal Court and the politics of prosecutions

I assess the credibility of the International Criminal Court (ICC) as an impartial and independent institution by demonstrating how state behaviour towards the Court has politicised prosecutions. There are two mechanisms by which prosecutions have become politicised: the referrals of conflict situations to the ICC by political actors, i.e. States Parties to the Rome Statute and United Nations Security Council, and the prospect and degree of state cooperation with the Court. Consequently prosecutions have targeted only one side of the conflict and reflect the strategic political interests of the referring actors but promise a greater degree of state cooperation. The case studies selected here present variation in the nature of referrals and degree of cooperation, making for an instructive comparison and revealing an identifiable pattern of politicisation.