مجلس الأمن وموقفه من جرائم الحرب التي تهدد الأمن في ليبيا

Abstract

The research aimed to identify the positive role as well as the negative one of the United Nations Security Council through in dealing with the war-crimes which were committed in Libya. It showed the double policy followed by the Security Council in dealing with the Libyan crisis and the other ones in other countries. The research has started by clarifying the competencies of both the Security Council and International Criminal Court. In addition to clarifying the legal and factual basis, clarifying the nature of Security Council resolutions, and monitoring the resolutions of the International Security Council. Besides, all of the International Criminal Court, its jurisdiction, and its relationship with the Security Council have been defined. Also, each of the sources of the international conflict and its types, means of international dispute settlement by legal and peaceful means have been defined. Then the research addressed the Security Council and practicing the right of referral. Plus the obstacles the Council faces in terms of its importance and obstacles it faces in the voting system, also political and legal ones. Furthermore, financial and informational obstacles faced by the Security Council. After that, the research dealt with the Security Council attitude and with practicing its right of referral in the Libyan crisis. Also, dealt with the legal basis of the international intervention in Libya and clarified the positive and negative effects of intervention in Libya. Finally, the research has clarified the role of the Security Council and its handling of the Libyan crisis compared to the Syrian one. The researcher adopted the descriptive analytical method to analyze and explain the current situation of the issue through determining its conditions and dimensions and describing the relationship between them in order to give a precise and integrated scientific description of the phenomenon. Also, using the inductive method in order to develop and extrapolate the reality of the international events and the extent of the impact of the international relations between the major powers on the Security Council. The research ended up with several results, mainly: resolutions of the Security Council which the world witnessed in the international circumstances were taken according to the political considerations of some permanent members of the Security Council. The Security Council expanded the cases in which measures of Chapter VII of the charter are used, which required a broad concept of the meaning of the threat to peace and security on one hand and the restriction of the internal affairs of States on the other hand.