English abstract
The Criminal Court relation to the security council. The announcement of establishing the International Criminal Court (ICC) was a declaration of new international law body with its dual (punitive – global) nature, a thing that necessitates establishment of extensive relations between the court and the international law bodies, and that what distinguishes it from the national criminal courts. The charter of the (ICC) favored the UN Security Council with distinct peculiar relations.
The charter of the (ICC) allowed UN Security Council extended powers within the court's legal practice as these powers and authorities delegated to the Security Council may permit some of them to contribute in activation of the courts actions. This is clearly demonstrated through authorizing the Security Council the right to refer to the Public prosecutor recitals denoting that one or more crimes are committed, and authorize the Security Council some powers in case a state shall reject and refuse to cooperate with (ICC) especially when referring a case to the (ICC). But regarding other cases the court might be deprived to practice its specialties pertaining to the type of crimes falling under Article (5) of the charter, and that is demonstrated through the right available in the Security Council's Charter to postpone investigations or cognizance for a renewable extendable periods.
Therefore, and due to the importance of this subject, we dedicated the research to study the relation between (ICC) and the Security Council and that may reveal answers to the questions raised about th topic, some of which are: 1. What are the justifications that grant the Security Council in its
capacity as political body, the right to interfere in the business of the (ICC) which is an independent legal entity and establish such relation between both bodies? 2. Would such relation between the Security Council and (ICC) cater for the independence of the court and avoidance of political views from the Security Council? Or such relation may passively affect efficacy of (ICC) to maintain criminal international justice? 3. What is the relation between the Security Council and (ICC) regarding practice of future practice of duties to cognize hostilities according to Rome Basic System's preview?
