The ICC is not democratic in nature and is likely to be used as a political tool by powerful nations.  Parts of the Rome Statue, such as the clauses relating to the Security Council, make it seem like a tool that will be used by the politically powerful. The Security Council has the power to refer cases to the prosecutor. Article 16 of the Rome Statute declares that the Security Council may postpone investigation and prosecution for 12 months if it decides, and may infinitely renew this delay, giving it final say on what gets tried and what doesn't. The ICC is not a truly independent judiciary and gives certain nations more power than others, making it an unfair and unjust court that does not treat its members equally.1  1 Teitelbaum, Alejandro. "Statute of the International Criminal Court: A Critique." Social Justice, Vol. 26 No. 4, Winter 1999, 107-114.