ISSN: 2265-6294

Selective State Immunity on The Relationship Between The Icc and The un Security Council

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Salah Hasan Al Shemmari

Abstract

The relationship between the International Criminal Court (ICC) and the UN Security Council is a major issue that sparked much debate, by delegates taking part in the Rome Conference to discuss the Statute of the Court, through the international criminal lawmakers after the adoption of the Statute to the present time. The objective of this study is to deal with the relationship between the jurisdiction of the ICC and the role of the Security Council as a guardian for international peace and security. We shall examine the most pivotal topics related to the Court, namely its relationship and relevance to the Security Council as one of the key organs in the United Nations system, particularly those with respect to the granting of immunity to States. It is noteworthy that we live in a world of interconnected States; it is even more so with the establishment of the International Criminal Court, in particular after the Security Council has given new power to refer or suspend a proceeding before the International Criminal Court. That would suggest a violation of the principle of equal sovereignty and increased divergence on issues of international relations and policies among States, between a State and the court and a State and the United Nations.

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