علاقة المحكمة الجنائية الدولية بمجلس الأمن على ضوء المادة 16 من نظام روما الأساسي

Abstract EN

The Rome Statute granted the Security Council powers to the International Criminal Court (ICC).

These were the referral powers under Article 13, paragraph B, and the postponement of the investigation or prosecution under Article 16, which is more dangerous because it gives the Security Council the right to interfere in the function of the Court and to disrupt the functions of its organs, Which has raised the issue of the independence and impartiality of the Court as a judicial organ established for the achievement of international criminal justice.

This is confirmed by the practical application by the Security Council of Article 16, as the predominance of political considerations and their power is reflected in the requirements of international justice.