Security Council Power to Defer Investigation or Prosecution
DOI:
https://doi.org/10.35516/law.v51i3.5350Keywords:
Power of Deferral, International Criminal Court, UN Security CouncilAbstract
Objectives: This study, as stated in the introduction and the first two chapters, aims to clarify the nature of the power of deferral granted to the UN Security Council, its conditions, scope, and the consequences of suspending investigations or prosecutions before the International Criminal Court.
Methods: The study employs several methodologies, including the descriptive-analytical approach, which begins with describing the case under study in terms of explaining the concept of postponement as a power granted to the Security Council, explaining its conditions and the most important effects of its use.
Results: The exercise of the power of deferral by the UN Security Council leads to the suspension of all activities of the International Criminal Court, thereby compromising its independence and rendering it paralyzed during the deferral period and its renewal. This can result in the loss and destruction of evidence, and it impacts the rights of victims and defendants.
Conclusion: The study stresses the necessity of making necessary amendments to the Charter of the United Nations and the Statute of the International Criminal Court to restore the balance between the interest of maintaining international peace and security and achieving international criminal justice while preventing impunity.
Downloads
References
Al-Abdali, M. (2016). The jurisdiction of the Security Council to request the postponement of investigation or prosecution before the International Criminal Court. (1st ed.). Zain Human Rights Publications.
Al-Akour, A., & Adwan, H. (2016). Convening the jurisdiction of the International Criminal Court through referral. Dirasat: Sharia and Law Science, 43(1), 228-238
Al-Ajami, Th. (2005). The Security Council and its Relationship to the Statute of the International Criminal Court. Journal of Law, 29(1), 15-67.
Abdul-Latif, H. (2014). The International Criminal Court and the Application of Modern and Contemporary International Criminal Justice. Cairo: Dar Al-Nahda Al-Arabia Publications.
Abul Wafa, A. (2001). The Basic Features of the International Criminal Court. Paper presented at the International Criminal Court Symposium, Damascus
Ahmed, S. (2012). The UN Security Council and its Role in International Peacekeeping. Beirut: Al-Halabi Legal Publications.
Al-Anbari, M. (2019). The International Criminal Court and its Relationship with the UN Security Council. Beirut: Dar Al-Halabi Legal Publications.
Al-Arji, F. (2012). The International Criminal Court: Its Origin, Nature, and Statute. Beirut: Dar Al-Khalood for Publishing and Distribution.
Al-Daraji, I. (2019). The Crime of Aggression and International Legal Responsibility. Beirut: Dar Al-Halabi Legal Publications.
Al-Hajazi, A. (2004). The International Criminal Court. (2nd ed.). Alexandria: Dar Al-Fikr Al-Jamei.
Al-Hassani, K. (2015). The Powers of the UN Security Council in the Implementation of Chapter VII between the Provisions of the Charter and International Practices. Beirut: Al-Halabi Legal Publications.
Al-Husseini, A. (2016). The Intervention of the Security Council in the International Criminal Court. Unpublished Doctoral Dissertation, Faculty of Law, Beirut Arab University, Lebanon.
Al-Jawhar, D. (2012). The United Nations Organization and the International Criminal Court and the Relationship with the International Criminal Court. Unpublished Doctoral Dissertation, Faculty of Law, University of Algiers, Algeria.
Al-Mukhtar, M. (2015). The Relationship between the United Nations and the International Criminal Court. (2nd ed.). Cairo: Dar Al-Nahda Al-Arabia Publications.
Al-Sarraj, A. (2012). The Principle of Complementarity in International Criminal Justice. Cairo: Dar Al-Nahda Al-Arabia Publications.
Al-Sharif, S. (2014). Jurisdiction of the International Criminal Court. Cairo: Dar Al-Nahda Al-Arabia Publications.
Al-Taeiman, Y. (2010). War Crimes in the System of the International Criminal Court. Yemen: Khalid bin Walid Publications, Yemeni Books House.
Al-Qahwaji, A. (2001). International Criminal Law. (1st ed.). Dar Al-Halabi Law Publications.
Al-Wan, M. (2011). International Human Rights Law. Jordan: Dar Wael for Publishing and Distribution.
Amr, M. (2018). The Relationship between the UN Security Council and the International Criminal Court: An Analytical Study. (2nd ed.). Cairo: Dar Al-Nahda Al-Arabia Publications.
Balamdani, A. (2022). Globalization of criminal Justice in the context of the UN security council. Journal of law, 46(1), 341-391.
Batiomiej, K. (2009). The relationship between the international criminal court and security council. The Polish
Yearbook of International Law, 29(65), 82.
Eissaoui, S. (2019). International Crimes and the Law of Domination in Light of the International Criminal Court. Beirut: Dar Al-Halabi Legal Publications.
Fakhi, A. (2018). The Relationship between the UN Security Council and the International Criminal Court and its Impact on the Crime of Aggression. (1st ed.). Egypt: Dar Al-Nahda Al-Arabia Publications.
Hekal, A. (2009). Individual International Criminal Responsibility before the International Criminal Justice. (1st ed.). Cairo: Dar Al-Nahda Al-Arabia Publications.
Ibn Manzur, J. (2010). Lisan Al-Arab. (2nd ed.). Beirut: Dar Al-Kutub Al-Ilmiyah.
Jalloh, C. (2017), The African Union, the Security Council, and the International Criminal Court. The International Criminal Court and Africa, Oxford university press, (10), 181-213.
Moreno, O. (2010). The role of the international community in assisting the international criminal court to secure justice and accountability. Confronting Genocide, Springer nature publishing company, (10), 279-289.
Reydams, L. (2012). 16 Conclusion. International Prosecutors, Oxford university press, (5), 926-944.
Qalaaji, A. (2008). The relationship between the international criminal court and the security council within the framework of Rome statute. Egyptian journal of international law, 64(2), 132-167.
Salem, Kh. (2022). The nature of the relationship between the Security Council and the International Criminal Court within the scope of referral and postponement of procedures. Journal of the College of Law and Politics, Kirkuk University, 11(40).
Youssef, A. (2018). The International Criminal Court and its Legal Character and the Emergence of Supranational Elements in International Criminal Justice. (2nd ed.). Alexandria: Dar Al-Maaref for Publishing and Distribution.
Youssef, H. (2019). The International Criminal Court and its Characteristics. Cairo: National Center for Legal Publications.
International legislation and documents
Charter of the United Nations, 1945.
Rome Statute of the International Criminal Court, 1998.
Vienna Convention on the Law of Treaties of 1969.
Universal Declaration of Human Rights of 1948.
The International Covenant on Civil and Political Rights of 1966.
The agreement concluded between the UN Security Council and the International Criminal Court in 2004.
Security Council Resolution No. 1244 of 2002.
Security Council Resolution No. 1487 of 2003.
Downloads
Published
How to Cite
Issue
Section
License
Copyright (c) 2024 Dirasat: Shari'a and Law Sciences
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
Accepted 2023-11-27
Published 2024-09-15
