Analysis of Article 39 of the United Nations Charter in Verifying Threats and Violations of Peace with an Approach to the Role of the International Criminal Court

Hosseini, Seyed Masoud; Raei Dehaqi, Masoud; Arashpour, Alireza

doi:10.22034/jccj.2024.460852.1575

Analysis of Article 39 of the United Nations Charter in Verifying Threats and Violations of Peace with an Approach to the Role of the International Criminal Court

Document Type : Original Article

Authors

Seyed Masoud Hosseini ¹

Masoud Raei Dehaqi ²

Alireza Arashpour ³

¹ PhD Student of Public International Law, Department of Law, Najaf Abad Branch, Islamic Azad University, Najaf Abad, Iran.

² Professor, Department of Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran. (Corresponding Author)

³ Associate Professor, Law Department, University of Isfahan, Isfahan, Iran.

10.22034/jccj.2024.460852.1575

Abstract

The threat and breach of peace is one of the important issues emphasized in Article 39 of the UN Charter, which is the subject of discussion and opinion from different angles. One of the dimensions of threats and violations of peace that has not received much attention is the connection with international criminal law, and more specifically, the role and position of the International Criminal Court. The purpose of this article is to examine the question of what is the position of peace and security in jurisprudence and how can the International Criminal Court be used by the UN Security Council based on Article 39 of the UN Charter to deal with threats and violations of peace? The present article is descriptive and analytical and has investigated the mentioned question by using the library method. The connection with international crimes is under the jurisdiction of the International Criminal Court, therefore, in interaction with the International Criminal Court, he should file a lawsuit against the perpetrators. In fact, by using Article 39 of the charter, the Security Guard has the possibility of criminal detention of the perpetrators of crimes under the jurisdiction of the International Criminal Court. Despite this way of communication, the Trust Council violates the principle of judicial independence of the Court, in the following cases, it can be an important obstacle in exercising the Court's jurisdiction over international crimes.

Keywords

Article 39 of the United Nations Charter

Threats and Breaches of Peace

International Criminal Court

Security Council