طبيعة العلاقة بين مجلس الأمن و المحكمة الجنائية الدولية و أثرها على عمل المحكمة في حالة فلسطين

الملخص EN

Palestinians are victims of Israeli crimes, and they are seeking justice through the International Criminal Court to prosecute Israeli criminals.

The crimes committed by Israelis fall within the jurisdiction of the court.

However, the most important challenge that faces the prosecution is the intervention of the Security Council that hinders the process of investigation and prosecution, especially that the council is dominated by US, which is Israel›s strategic ally and the greatest opponent of the International Criminal Court since its inception.

The researcher divided this research into two sections; the first dealt with the nature of the Security Council’s relationship with the International Criminal Court; and the second is dedicated to the influence of the Security Council on the Court’s exercise of its jurisdiction towards the Palestinian cause.

The study used the descriptive analytical method to accomplish this research.

The study concluded that the relationship between the International Criminal Court and the Security Council affects negatively the work of the court, constitutes a major obstacle and hinders any future investigations.

This necessitates countering the Security Council from interference with the work of the court, through amending articles (13/b) (16) from the basic statute of the International Criminal Court.