نوع مقاله : علمی پژوهشی
1 گروه حقوق ، واحد نجف آباد ، دانشگاه آزاد اسلامی، نجف آباد، ایران
2 گروه حقوق ، واحد نجف آباد ، دانشگاه آزاد اسلامی، نجف آباد، ایران(نویسنده مسئول)/ گروه حقوق، واحد ورامین، دانشگاه آزاد اسلامی، ورامین، ایران
عنوان مقاله [English]
Under the UN Charter, the Security Council is the primarily responsible organ for keeping international peace and security. For this end, it has taken a variety of actions, one of which is the establishment of international criminal courts such as the International Criminal Tribunal for the Former Yugoslavia and International Criminal Tribunal for Rwanda. The purpose of these courts is to punish international criminals to maintain or stabilize peace. In addition, International Criminal Court has been established to combat impunity of great criminals. Overlapping functions of these two, on the one hand, and the dependency of International Criminal Courts on States and the Security Council together with the negligence on the part of the Security Council in its primary responsibility given by the Charter, on the other, underlie the interference of the Security Council in jurisdiction of the mentioned courts and lead to the non-realization of international criminal justice and the perpetuate continuation of justice practice based on discrimination in international criminal law. This article aims to study the relationship between these two important international institutions and has come to this conclusion that in their interrelationship, the priority is given to the promotion of international peace and security over universal criminal justice.