La potestad del Consejo de Seguridad para solicitar a la Corte Penal Internacional la suspensión de una investigación o de un enjuiciamiento
This article analyzes the power that has been gave to the Security Council by the Rome Statute, established in its article 16, refered to the possibility to request the Court the deferral of an investigation or prosecution. In practice, this power has been exercised but in circumstances which could...
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| Format: | Article |
| Language: | Spanish |
| Published: |
Universidad Externado de Colombia
2011
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| Online Access: | http://dialnet.unirioja.es/servlet/oaiart?codigo=4273174 |
| Source: | Revista Derecho del Estado, ISSN 0122-9893, Nº. 27, 2011, pags. 123-152 |
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| Summary: |
This article analyzes the power that has been gave to the Security Council
by the Rome Statute, established in its article 16, refered to the possibility to
request the Court the deferral of an investigation or prosecution. In practice,
this power has been exercised but in circumstances which could be considered
questionable. That is why will be analyzed Security Council resolutions
1422 (2002) and 1483 (2003) as a sign of the abuse of this power. For that
purpose will be taken as a point of reference the requirements of the statute
for exercise of this power becoming evident the failure to comply with those.
In this sense, has been ascertained the lack of determination of the existence
of any threat to international peace and security, what is an essential requisite
for the exercising of this power under chapter vii of the UN Charter; the
lack of a specific case and the fact of wanting to use this power as a form
of blanket immunity as can be clearly seen in the exclusion of peacekeepers
from Court�s jurisdiction, inter alia. For what said before, it is put forward
the possibility of judicial revision for the Court of Security Council deferral
requests. The Court is not bound by the UN Charter, therefore its article 25 is
not applicable, in consequence there would not be a legal limit for the Court
of reviewing the conformity of Security Council requests with the Statute
and even with the UN Charter. |
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