چکیده:
One of the issues related to the exercise of the International Criminal Court's jurisdiction over the territorial aggression crime، is necessary to recognize، the act of aggression by the Security Council or the International Criminal Court. In negotiations on amendments to the Statute of the Court in Kampala، despite some differences in the conference، representatives of the member states have been able to reach agreement about the role of Security Council and the definition of territorial aggression crime in the form of resolution. Now the main concern of the international community is that، if the resolution is implemented according to the atmosphere governing the Security Council decisions، interventions and restrictions such as political concentrations affect the fair trial and shows expediency and policy prevails over international justice. To achieve this aim، it should be specified that in the event of Security Council deadlock، what different ways in the Charter of the United Nations and the Statute of the International Criminal Court in Kampala agreement is expected. The article referred to the different aspects of this issue.
خلاصه ماشینی:
Furthermore, considering the importance and complexity of the relationship between the Security Council, as the political body responsible for maintaining international peace and security according to Article 24 of the United Nations Charter, and the International Criminal Court, as the judicial and criminal body in the field of combating impunity in the international arena, as well as the intertwining functions of these two institutions, especially regarding the crime of aggression and the agreements made at the Kampala Review Conference in Uganda concerning the manner of exercising the Court's jurisdiction over the crime of aggression in light of the situation referral mechanism.
Although the reference to this relationship in the second paragraph of Article 5 of the Statute is not explicit, where it states: the exercise of the jurisdiction of the International Criminal Court regarding the crime of aggression must "be consistent with the relevant provisions in the Charter of the United Nations," the Security Council is implicitly intended.
In total, the relations between the two aforementioned judicial and political institutions can be presented in the following cases according to the provisions of the Rome Statute: ـ The Security Council has the right to refer situations to the International Criminal Court that constitute a threat to peace or a breach of peace, based on Chapter VII of the Charter (Article 13, paragraph b).
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