سلطة مجلس الأمن في إرجاء التحقيق أمام المحكمة الجنائية الدولية

Abstract EN

Through this study, we have analysed the provisions of article 16 of the statute of the international criminal court (ICC), according to which the security council is given the power to defer and suspend its investigation at any stage for a period of 12 months, by virtue of a decision based on chapter vii of the charter of the united nations; this constitutes a serious interference in the work of the court and is one of the most serious contradictions in the statute of the court; the text of article 16 contradicted preambular paragraph 03, which stressed that serious crimes that threatened peace and security in the world must not go unpunished, and also affected the independence of the court.

on this basis, this study is based on a problematic analysis of the impact of the security council's competence to freeze investigations on the effectiveness and independence of the international criminal court.