المحكمة الجنائية الدولية و مجلس الأمن : عشر سنوات من التعايش أم من التصادم !

Abstract EN

The important role that was hoped to be done by the International Criminal Court requires us to look at the actual practice it has undertaken during the last ten years, and assess the extent to which it had managed to live up to the expectations that were prevalent when it was established, particularly, its role in eliminating the idea of immunity and impunity punishment, which has long been an obstacle to the development of the international criminal system.

This paper mainly evaluates the work of the International Criminal Court, particularly in determining the scope of its relationship to the UN Security Council.

The paper will address the practical problems that affect significantly the effectiveness and independence of the ICC, those which are related to the jurisdiction of the Court.

This will be done by evaluating the "coexistence" or "collision" between the judicial body, the International Criminal Court, and the political body, the Security Council, and the extent to which they have been successful in achieving criminal justice, and to what extent the provisions contained in the Rome Statute regarding the powers of Security Council had an impact - positively or negatively - on enabling or obstructing the court from carrying out its judicial task.

I will address - throughout the different parts of the paper - the challenges that face attempts to reconcile the considerations of justice and political considerations, bearing in mind that taking into account both considerations require reconciling different types of interests, including those related to the achievement of criminal justice, and those which are related to the political interests of the international community, namely, maintaining international peace and security.

In addition to that, the paper will address the legal problems that would arise as a result of the exercise by the Security Council of its powers set out in the Rome Statute, its impact on the work of the International Criminal Court, and the reflections expected for these powers on the rules of international law in general, and the rules relating to the crimes which fall within the jurisdiction of the Court, in particular.