چکیده:
The emergence of the International Criminal Court has been followed by many legal and political discussions. The jurisdiction of this court and the concerns of some countries, such as the United States, regarding the immunity of their armed forces, including issues related to this court, are among these matters. On the other hand, the existence of the Security Council, the presence of the United States in that council, and the passage of Resolution 1422 have created a major challenge in this regard. The present article evaluates the aforementioned resolution and then performs a legal analysis of its impact on governments, peacekeepers, and ultimately the Security Council.
خلاصه ماشینی:
Nevertheless, despite participating in the Rome Conference (where the draft statute of the International Criminal Court (ICC Statute) was prepared) and the serious negotiations held there (1) Sir Gerald Fitzaurice,"Legal Consequences for States of the Continued Presence of Siuth Africa in Namibia(South West Africa)Notwithstanding Security Council Resolution 276(1970),"ICJ Rep. 1971,16 at P.
Article 16 is drafted as follows: "Pursuant to this Statute, when the Security Council, in a resolution adopted in accordance with Chapter VII of the Charter of the United Nations, has requested the Court, no investigation or prosecution shall be commenced or continued for a period of twelve months.
At the beginning of the negotiations surrounding the International Criminal Court, in Before the Rome Conference, PRECOMs suggested that no investigation or prosecution in connection with a situation being discussed by the Security Council under Chapter VII of the United Nations Charter shall be initiated by the Prosecutor, unless that organ (the Security Council) decides otherwise.
6 Changing each other's fundamental documents is in no way consistent with this, although, of course, the agreement has yet to be signed (it has not yet been signed); in any case, this itself indicates another issue, namely that the International Criminal Court, as an independent legal person, is not a party to the United Nations Charter (1) aforementioned number 18.
This resolution declares that: "It is in the interest of international peace and security that the ability of Member States to participate in operations approved and authorized by the United Nations Security Council be increased", but whether granting immunity from the jurisdiction of the International Criminal Court to (1) the aforementioned Namibia case, No. 54, paragraph 113.
(
, 
, 
)
