The principle of complementarity means that the ICC is only a backstop court – it only takes on a case when a state is unwilling or unable to have it dealt with in its own national courts [1] .  If the ICC were a tool for external interference, it is solicited by the states in that most situations follow on from referrals by the domestic governments.  Referrals by the UN Security Council can happen irrespective of if a state is a party (hence the Libya and Sudan situations) – just like the ad hoc tribunals for Yugoslavia and Rwanda were created in 1994. Regardless this will only happen with the assent of Russia and China so ensuring that referrals are not following a ‘western imperialist’ agenda.  [1] Rome Statute, Article 17