THE CRITICAL ANALYSIS OF THE RELATIONSHIP BETWEEN THE INTERNATIONAL CRIMINAL COURT AND THE UNITED NATIONS SECURITY COUNCIL (Uluslararası Ceza Mahkemesi ile Birleşmişler Milletler Güvenlik Konseyi Arasındaki İlişkinin Eleştirel Analizi)

Yıl 2015, Sayı: 6, 609 - 619, 15.01.2016

Emre Yavaş

Öz

International society sought to establish a mechanism to ensure
international peace and security in the wake of World War 1 and World War
2. United Nations (UN) and the United Nations Security Council (Security
Council), political organ of the UN, which has almost plenary power were
emerged due to this intention. In this regard, the Security Council has
an important duty to perpetuate international peace and security. The
International Criminal Court (ICC) has jurisdiction over four types of
international crimes which are genocide, crimes against humanity, war
crimes and aggression. Under the Rome Statute, the Security Council can
refer a situation where one or more of the criminal acts are perpetrated
in the area of a state which has not confirmed the Rome Statute or are
offensed by the citizens of similar a nation to the ICC to prosecute, and
may accept a decision pursuant to Chapter VII of the UN Charter of the
ICC may not proceed the prosecution. Some commentators believe that
the interventions including referral and deferral of the Security Council
undermine the ICC’s independence and impartiality.

Anahtar Kelimeler

The United Nations Security Council, The International

Kaynakça

• Books
• Cryer Robert, Friman Hakan, Robinson Darryl, Willmshurst Elizabeth R., An Introduction to International Criminal Law and Procedure, Cambridge Press, 2nd Edition.
• Schabas William A., An Introduction to the International Criminal Court, Cambridge Press, 3rd Edition. Journal Articles
• Eagleton Clyde, “The Jurisdiction of the Security Council over Disputes”, The American Journal of International Law (1946), Vol: 40.
• Goodrich Leland, Hambro Edvard, and Simons Anne, Charter of the United Nations: Commentary and Documents (1969).
• Higgins Rosalyn, “The Place of International Law in the Settlement of Disputes by the Security Council”, The American Journal of International Law (1970), Vol: 64.
• Jarin Neha, “A Separate Law for Peacekeepers: The Clash between the Security Council and the International Criminal Court”, The European Journal of International Law (2005), Vol: 16 No: 2.
• McDougal Myres and Reisman Michael, “Rhodesia and the United Nations: The Lawfulness of International Concern”, The American Journal of International Law (1968), Vol: 62. Other Resources
• Amnesty International 1998, “The International Criminal Court 16 fundamental principles for a just, fair and effective international criminal court”, AI Index: IOR 40/12/98, 3, 4.
• Chattam House, “The UN Security Council and the International Criminal Court”, International Law Meeting Summary, with Parliamentarians for Global Action, on 16 March 2012.
• University of California, Irvine, School of Law, International Justice Clinic, “The Council and The Court: Improving Security Council Support of the International Criminal Court”, May 2013.
• http://www.amnestyusa.org/pdfs/IJA_Factsheet_1_International_ Criminal_Court.
• http://www.iccnow.org/?mod=aggression