ناسازواري عدالت و صلح در ديوان كيفري بين المللي در پرتو پرونده عمرالبشير (سودان)

The Paradox of the Justice and Peace in the International Criminal Court in the Light of the Case of Al-Bashir

According to the statute of the International Criminal Court and the UN Charter, it is possible that the Security Council participates in the punishment of the criminals, especially those in countries which try to create a security fence for themselves by resorting to the concept of the national sovereignty. So, the Security Council can cooperate with the ICC in wrestling against impunity and respect for the justice. The case of Sudan which has been opened following its referral to the Security Council under the Resolution 1593 (2005), adopted under Chapter VII of the UN Charter, and then the issue of warrant by that Court for the President Omar Hassan AI Bashir, could symbolize the beginning of a new phase in the development of international criminal law. But, even if this case could show the cooperation of the two international organizations to combat impunity, the diplomatic attempts made by some countries for putting pressure on the Security Council to adopt a resolution suspending the decision of the Court, have created uncertainty about the final result of this dossier.