The subject of the research is the legal and institutional interaction between the International Criminal Court (ICC) and the United Nations Security Council (UNSC) in the context of implementing decisions of international criminal justice. The object of the research is the international legal mechanisms for ensuring cooperation between states and the ICC in situations referred to its jurisdiction by the UNSC. The author discusses in detail such aspects as the legal foundations for the interaction between the ICC and the UN, the limits of the UNSC's powers in the field of international criminal justice, and the influence of political factors on the implementation of the Court's decisions. Special attention is given to analyzing the practice of referring situations to the ICC's jurisdiction under Chapter VII of the UN Charter, as well as identifying structural limitations related to the Court's lack of its own enforcement mechanisms. The article also analyzes the issues of the relationship between the international obligations of states arising from UNSC resolutions and the principle of state sovereignty, including questions related to the immunities of officials. The research employs formal-legal, systematic, and comparative-legal methods, as well as an analysis of international treaties, UNSC resolutions, and the practice of international judicial bodies. The scientific novelty of the study lies in the comprehensive analysis of the problem of implementing the decisions of the ICC through the lens of the interaction between legal and political mechanisms enacted by the UNSC. Unlike existing approaches, the article argues that the effectiveness of international criminal justice is determined not only by the normative content of the Rome Statute but also by the institutional architecture of the interaction between the ICC and the organs of the UN system. The author concludes that the political nature of the UNSC's activities significantly affects the selectivity of the application of mechanisms for referring situations and implementing the Court's decisions, which, in turn, undermines trust in international criminal justice. It is concluded that there is a need for institutional improvement of the cooperation model between the ICC and the UN, including the development of more resilient mechanisms for monitoring the implementation of UNSC resolutions and the obligations of states to cooperate with the Court.
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Ilyas Rafikovich Shamsutdinov
Международное право
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Ilyas Rafikovich Shamsutdinov (Thu,) studied this question.
www.synapsesocial.com/papers/699fe37b95ddcd3a253e75fa — DOI: https://doi.org/10.25136/2644-5514.2026.1.78330