النظام القانوني لتعاون الدول مع المحاكم الجنائية الدولية ذات الطابع الخاص

الملخص EN

Proceeding from the role of the United Nations with its two organs, the General Assembly and the Security Council, in establishing international courts, the legal basis for cooperation with them is based, essentially, on the power granted to them by the body that established them.

basic powers enjoyed by those courts.

And if there is vertical cooperation and horizontal cooperation, then the document establishing the International Tribunal is what determines the nature and extent of cooperation and judicial assistance provided by states to that international court.

Some of these courts were established by a decision of the Security Council in accordance with Chapter VII, such as the courts of Yugoslavia and Rwanda (the first requirement), and others are the result of international and national cooperation in establishing them, and they are known as national courts of an international character, either as a result of an agreement between the United Nations and the concerned country, such as the Sierra Leone Court and the Chambers exceptionalism in the courts of Cambodia, or as a result of the exercise of authority by the United Nations in certain regions, such as chambers in the courts of East Timor and Bosnia and Herzegovina (second requirement).

As for the Special Tribunal for Lebanon, despite its establishment by the Security Council, it has a legal status that differs from the tribunals of Yugoslavia and Rwanda in terms of its establishment and composition, and therefore we will allocate it to it (the third requirement).