The nature of the relationship between the Security Council and the International Criminal Court within the scope of referral and postponement of procedures

Taher Khalaf Salim

Journal of college of Law for Legal and Political Sciences, 2022, Volume 11, Issue issue 40 part 1, Pages 253-272

After the negotiating parties included the texts regulating the independence of the International Criminal Court and the articles specific to its relationship with international organizations in general and the United Nations in particular, it became necessary to determine the nature of that relationship between the executive organ of the United Nations, the Security Council, and the court, knowing that the nature of each is different from the other, as the Court is a body Judicial, while the Security Council is a political body, although there is a qualitative rapprochement between them in that the main purpose of each is to maintain international peace and security. A hypothesis arises within the scope of the study that the relationship between the court and the council according to the articles of the system is one of subordination at one time and one of control and mutual cooperation at other times. The court and the court and between the Security Council.


Hassan .M. Al – Hadid; Rafif .T. Al - Samarrai

Journal of college of Law for Legal and Political Sciences, 2019, Volume 8, Issue issue 31 part 2, Pages 1-25

The establishment of the International Criminal Court is an unprecedented step in human history, which would create an international judicial authority to ensure the rule of international law and the application of the provisions of international humanitarian law. Attention has been paid to the establishment of such courts in recent years through international organizations, international conventions or certain UN recommendations, since the presence of the court is a Deterrent factor that may prevent the commission of crimes or think about it as the trial becomes a reality when the elements of the crime and its elements, because the existence of a judicial body is ready to initiate the investigation of crimes. The intiation of States to the Statute of the International Criminal Court is of great importance and reflects the interest of States in issues of international humanitarian law and human rights. The facts relating to a State not party to the Statute, whether the case is referred to by the Security Council, and that it is in the interest of States to be a member of the Statute for the advantages of the discussion of its articles and the opinion and participation in the amendments contained and make it more comprehensive of international crimes, we have the bodies and the organs of the Court and the mechanism to file a lawsuit and indicate the importance of joining them especially by the Arab states to ensure their interests and protect the rights of their peoplesWe divided the research into two sections, the first part dealt with the organs of the International Criminal Court in the application of the rules of international humanitarian law, which is in turn divided into four demands including every requirement of the organs of the International Criminal Court,As for the second part, we explained the mechanisms of the proceedings before the International Criminal Court divided into three demands, as we explained the parties that have the right to refer the case to the International Criminal Court.

Obstacles to the achievement of international criminal justice Before the International Criminal Court

yasir.M.Abd alla

Journal of college of Law for Legal and Political Sciences, 2017, Volume 6, Issue 20 part 2, Pages 253-298

The establishment of the International Criminal Court is an important step towards the establishment of a permanent international criminal justice, ensure that the perpetrators of international crimes affecting the international community, and the formation of this Court as a step to reconcile the wishes of States and international governmental and non-governmental organizations, since this was a prominent impact desires on the texts of the Statute of the Court and on the nature of the work within the international community.
This target search constraints facing the effectiveness of the International Criminal Court in achieving its main objective is to establish and consolidate permanent international criminal justice, and overcome the negative effects caused by temporary criminal courts, as the observer of this Tribunal finds there are many constraints faced, particularly the provisions of the Statute of the Court of jurisdiction and penalties imposed by the UN Security Council, and the effect of the grant of wide discretionary powers to interfere in the work of the Court and obstruction of the performance of its tasks, as well as external influences that contribute to reducing The effectiveness of the Court as regards both the nature of the Court itself as a permanent international judicial organ, or with respect to the international position of the Court, or the effects of international cooperation on this Court.