The Components of the Security Council Resolution Depend on the Interpretation of the Provisions of the Statute in the Jurisprudence of the International Criminal Court; From Its Function to Its Achievements in the Situation of Sudan

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SALEHI JAVAD

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Journal: CRIMINAL LAW DOCTRINES Year:2020 | Volume:17 | Issue:19 Page(s): 189-208

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Title

The Components of the Security Council Resolution Depend on the Interpretation of the Provisions of the Statute in the Jurisprudence of the International Criminal Court; From Its Function to Its Achievements in the Situation of Sudan

Author(s)

SALEHI JAVAD | Issue Writer Certificate

Keywords

Judicial procedureQ1

Security Council resolutionQ1

Jurisdiction of the International Criminal CourtQ1

Termination of international immunityQ1

Non-member government of the International Criminal CourtQ1

Abstract

T he resolution of the Security Council on the situation in Sudan contains hidden components, the identification and validation of which requires the interpretation of the Statute of the International Criminal Court. The purpose and subject of this article is to study the components of the Security Council resolution from the perspective of the provisions of the Statute in the Judicial procedure. The study method of this research is descriptive-analytical and relies on Judicial procedure in the situation in Sudan and theories related to the provisions of the Statute. The main question of the research is what function and achievements does the Security Council resolution have in the situation of Sudan in the mirror of the statute provisions? The research findings show that the Security Council resolution on the situation in Sudan includes components such as; the establishment of the Jurisdiction of the International Criminal Court is the Termination of international immunity and the necessity for governments to cooperate with the International Criminal Court. The function of these obligations as a result of the interpretation of the provisions of the Statute has led to the non-member government of Sudan being considered as a member state of the International Criminal Court. Thus, the dismissal of the claim of non-membership of the Sudanese government in the International Criminal Court, the termination of the obligations of customary international law in relation to international immunity and the prohibition of governments refusing to cooperate with the International Criminal Court are achievements of interpreting the Security Council resolution in the light of the provisions of the Statute and the procedure of the International Criminal Court in the situation in Sudan.

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APA: Copy

SALEHI, JAVAD. (2020). The Components of the Security Council Resolution Depend on the Interpretation of the Provisions of the Statute in the Jurisprudence of the International Criminal Court; From Its Function to Its Achievements in the Situation of Sudan. CRIMINAL LAW DOCTRINES, 17(19 ), 189-208. SID. https://sid.ir/paper/404710/en

Vancouver: Copy

SALEHI JAVAD. The Components of the Security Council Resolution Depend on the Interpretation of the Provisions of the Statute in the Jurisprudence of the International Criminal Court; From Its Function to Its Achievements in the Situation of Sudan. CRIMINAL LAW DOCTRINES[Internet]. 2020;17(19 ):189-208. Available from: https://sid.ir/paper/404710/en

IEEE: Copy

JAVAD SALEHI, “The Components of the Security Council Resolution Depend on the Interpretation of the Provisions of the Statute in the Jurisprudence of the International Criminal Court; From Its Function to Its Achievements in the Situation of Sudan,” CRIMINAL LAW DOCTRINES, vol. 17, no. 19 , pp. 189–208, 2020, [Online]. Available: https://sid.ir/paper/404710/en

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