سلطة مجلس الأمن في إرجاء التحقيق أو المحاكمة و منح سلطة الإحالة

Abstract EN

The issue of the relationship between the Security Council and the International Criminal Court is of particular importance, which is reflected in the nature of the difference between these two devices, in that the Council is a political system whose reference is the Charter of the United Nations, which is charged with performing a great and difficult task in maintaining international peace and security, acting on behalf of the international community and possessing in that To take any measure he deems appropriate to achieve this, on the contrary, the establishment of the International Criminal Court is a pioneering international event in the history of mankind as it is an independent judicial body with its reference represented in the Rome Statute, and the latter has defined the relationship of the International Criminal Court with the Security Council, by granting it the right of referral To the International Criminal Court, under Chapter 7 of the Charter of the United Nations in accordance with Article 13 of the Statute of the International Criminal Court, and also granted the Security Council the authority to defer investigations and prosecutions for a full 12 months, renewable at its request under the same chapter in accordance with Article 16 of the Statute of the Criminal Court This constitutes a violation of the work of the court and a violation of its independence