المحكمة الجنائية الدولية و علاقتها بمنظمة الامم المتحدة

Abstract

"In this study, I examine the pivotal relationship between the International Criminal Court (ICC) and the United Nations Security Council, analyzing how the Council's exceptional powers impact the independence of international justice. I review the historical evolution of international criminal justice from the tribunals of Nuremberg and Tokyo to the adoption of the Rome Statute in 1998 as a permanent and independent judicial system. Furthermore, I focus on deconstructing the functional and procedural overlap between both bodies, particularly the powers of ""referral"" and ""deferral"" under Chapter VII of the UN Charter. I conclude that these powers, despite aiming to maintain international peace and security, can subject international criminal justice to the political interests of major powers, threatening its credibility and highlighting double standards.

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