Interrogating the “Subalternising Potential” of Article 13(b) of Rome Statute of the International Criminal Court

Abstract

This study problematises and critically interrogates the provisions of the Rome Statute— particularly those relating to the United Nations Security Council (UNSC) referral of non-party states to the International Criminal Court (ICC). The study’s preoccupation is on the different ways through which ICC may become seized with jurisdiction over a situation under the Rome Statute. But more importantly, the study casts some critical light on the different “regimes” of co-operation under the Rome Statute. Using the Rome Statute as a “metaphoric” door through which to enter the scholarly debates and discourse on the history, current realities and future outlook of international criminal law; the ultimate goal is to disinter and critically interrogate the ICC’s jurisdiction mechanisms and what seem to be the “subalternsing potential” of Article 13(b) of the Rome Statute.