United nation peacekeeping operation as subsidiary organs of the United Nations Security Council enjoys the privileges and immunity. In some peacekeeping operation there are reported violations of human rights and humanitarian right abuses committed by peacekeepers. But their immunity prevents them from prosecuting in court of host state and the only competent court to hear their crimes is national court of sending state as well as ICC. Though the immunity is not obstacle for ICC in prosecution peacekeepers, but there are some other Obstacles and limitations for ICC in prosecution of crime such as jurisdiction of the Court, because the court does not have jurisdiction to hear all crime and its jurisdiction is for the most serious crimes of international concern. And according Rome Statute of the International Criminal Court article 98(2) some states have bilateral agreement. This agreement calls “Article 98 agreements “which prevent some state national from ICC prosecution. In addition the ICC can prosecute member of the Rome Statute but if the cases were sent from security council of UN the consent of any state, whether member or non-member, in not condition for ICC jurisdiction.
Mojarrad aylar,B. (2019). Obstacles and limitations of international criminal court in prosecuting crimes committed by peacekeepers. "Adl va Ensaf" Comparative Law Researches Quarterly, 2(4), 44-66.
MLA
Mojarrad aylar,B. . "Obstacles and limitations of international criminal court in prosecuting crimes committed by peacekeepers", "Adl va Ensaf" Comparative Law Researches Quarterly, 2, 4, 2019, 44-66.
HARVARD
Mojarrad aylar B. (2019). 'Obstacles and limitations of international criminal court in prosecuting crimes committed by peacekeepers', "Adl va Ensaf" Comparative Law Researches Quarterly, 2(4), pp. 44-66.
CHICAGO
B. Mojarrad aylar, "Obstacles and limitations of international criminal court in prosecuting crimes committed by peacekeepers," "Adl va Ensaf" Comparative Law Researches Quarterly, 2 4 (2019): 44-66,
VANCOUVER
Mojarrad aylar B. Obstacles and limitations of international criminal court in prosecuting crimes committed by peacekeepers. "Adl va Ensaf" Comparative Law Researches Quarterly, 2019; 2(4): 44-66.
