الرقابة غير المباشرة لمجلس الأمن في إرجاء التحقيق أو المقاضاة أمام المحكمة الجنائية الدولية

Abstract EN

Indirect control was imposed on the activity and effectiveness of the International Criminal Court in the exercise of its powers in fighting impunity by the superpowers, especially the United States of America, the permanent member of the Security Council.

This control is embodied in the power to postpone the investigation or the prosecution in accordance with the text of Article (16) of the Rome Statute.

The Security Council has been granted this authority for the same considerations for which it was granted the authority to refer.

If the basis of the referral lies in committing international crimes that threaten international peace and security, then the basis for postponing the investigation or the prosecution lies in the fact that the court itself may sometimes consider that the crimes which are within its jurisdiction in a specified time frame will threaten international peace and security.

However, despite these political reasons and justifications for which the authority decided to postpone the investigation or the prosecution, it is without a doubt a dangerous authority in the hands of the Security Council that may abuse it and make the International Criminal Court subordinate to it.