قراءة نقدية لتأثير مجلس الأمن على فاعلية المحكمة الجنائية

Abstract EN

The Security Council has the powers and authorities that owns them by virtue of the United States Charter, in its capacity the responsible for maintaining the international peace and security as it may make decisions end execute them according to the what is stipulated by the articles 39, 40 and 41 which has made the impact of the Security Council on the Criminal Court huge.

Thus, it results legal effects and reflection, some may be positive for the Criminal Court and most has negative reflections due to the Council's political orientations, by virtue of the article 13, section “B”, the Security Council can refer a case to the court in accordance with Seventh Chapter of the United States' Charter.

Rome's law has also attributed to it an unprecedented power, which is of conducting investigations, or prosecute for a period of 12 months, and all these obstacles has impact on the Criminal Court effectiveness.

So the aim of this study of this subject and as a critical reading, it is hard to rely on the Security Council to vote its own decisions which is somehow illegal, for no one can be the litigant and the judge at the same time; and on this basis, we ask the following question: do the powers given to the Security Council as obstacles have impact on the effectiveness of the Criminal Court? We relied essentially on the descriptive analytic approach with referring to the critical approach at last as critical reading.