The relationship between the International Criminal Court and the United Nations Security Council is often thought of as problematic simply because it links a legal entity to a political one, and therefore often raises the debate on the line between justice and politics. While some argue that the ICC should be strictly independent from the UNSC, others recognize that UNSC referrals can allow the ICC to act in places where it did not have jurisdiction before, therefore allowing for the possibility of justice to be served.
I think a central flaw in the relationship is the inability of members of the UNSC to unanimously agree on specific referrals. Referral decisions are very much politically charged, and permanent members are seldom on the same side of any equation. The fact that some of these members are not even party to the Rome Statute is another obstacle. Provide incentives for UNSC members to become ICC State Parties, may help overcome this particular obstacle. Additionally, referrals should not require unanimous consent but rather a significant majority. This would, for example, allow the case of Syria to be referred to the ICC. Finally, referrals should not come with ‘conditions’ or allow for exemptions, so as to preserve the independence of the court.