Considering the role of the Security Council of the
United Nations, in the combat to International Crimes and the
relationship existing between Threat to the peace, Breach of the peace
and Act of Aggression to the crimes subject to Jurisdiction of
International Criminal Court, Security Council and ICC are related in
these cases: (1) according to the section 13(2) of statute of the ICC,
Security Council can refer the Prosecution of the International Crime to
the Court; such reference has a global characteristic. (2) in the
Investigation and Prosecution stage of International Crimes, (a) Council
can facilitate the international cooperation among the states and Court,
(b) Council can delay the commencement and proceeding of a Prosecution
or Investigation in Court under Chapter seven of the United Nations. (3)
Council through facilitating of International Cooperation and judicial
Assistance among the states and Court, has a main rule at administrating
the Imprisonment Penal. (4) The exercise of Jurisdiction of the Court
over the Crime of Aggression can refer to the recognition Act of
Aggression by the Security Council.
However, such a relationship (among Council and
Court), Security Council in the following cases can be accounted for as
an important deterrent in exercising of the court jurisdiction over the
international crimes by the infringement upon the judicial independence
principle of the Court:
a) Suspension of the investigation and
prosecution in the Court by the Security Council injures the judicial
independence of the Court, in such a way that any escape from this
Crisis can cause political and legal methods of suspension to be used.
b) The relationship of the Court in recognition
of the crime of aggression to the recognition of the Act of Aggression
by the Council not only injures the judicial independence of the court,
but also it causes that the prosecution of the important international
crime to be stopped.
c) Non-limited jurisdiction of the Security
Council can be exercised in all the duties and jurisdictions of the
court. This status is a constant and important deterrent in the
realization of the international criminal justice.
The commitment of the international crimes by the
armed forces that exercise the international legal power and the
disagreement of the subordinate states of these forces against the
prosecution of their citizens can stop the prosecution process in the
court.