Relationship between Territorial Aggression and International Criminal Court ( ICC ) Global Jurisdiction with Security Council of United Nations

All nations are linked to each other by a mutual connection and their cultures make mutual heritage; nonetheless, this elegant combination will separate in a moment. Millions children women, and men are sacrificed for unimaginable d isasters that human spirit has stunned suddenly during this century. In spite of obstacles facing with constituting international system based on justice, humans’ fundamental rights were mentioned greatly during the World War I and II. Therefore, great determination was made to accomplish international security and peace in light of legal laws. Making United Nations, publishing human rights declaration, assigning convections such as preventing punishment of genocide and Geneva fourth conventions 1949 as complementation regulations and war rights indicate serious determination to shape international law system.


Introduction
Today developing relationships, speed in transferring data, and technology development in all life aspects, which itself results in co mmunications and relationships, have developed all over the world and its effects are also observed on extension crime.Our era is significantly important, because crime has passed more extensive boundaries and makes disasters than past which was only considered as aggression to people rights that has made international co mmunity and hu man spirit has stunned suddenly.These traits have made today governments to face with crimes being international.On the other hand, international govern ment made international contracts and has tried to prevent criminals' impunity by crimes incremental range and necessary legal mechanis ms.In addition, governments have meta-national effect and various criterions in facing with res ulted dangers of crimes to determine nature of their courts' jurisdiction to develop national court jurisdiction to meta -national crimes by leaning on them and purchase their criminals.Obviously, these criterions encompass indexes relating co mmitted crimes to tendentious country.Collection o f these mechanisms is function of countries internal laws.It has been declared that international criminals' impunity hasn't continually been prevented chronically by increasing international crimes range and intensity ad governments' negligence on leaning on the nature of global jurisdiction to purchase international criminals who are particularly didn't have direct relationship with those courts or direct relationship between right to punishment and government governance right and prevention foreign criminal law execution in national courts.ICC shou ld be coordinated with the one or several mentioned principles in spite of being international according to determination jurisdiction realm to indicate its jurisdiction limitat ions about internal criminals in court jurisdiction.After investigating statute regulations, it should be indicated whether statute jurisdiction has universal traits or is limited to a certain territorial or other determinant principles of jurisdictions.

Exercising Jurisdiction about Internati onal Criminal Phenomena
Fighting with international criminal phenomenon hasn't been possible by traditional ways of jurisdiction determination in internal courts which means territorial jurisdiction, jurisdiction based on nationality of victim or perpetrator, or supportive jurisdiction.Let alone the condition and obstacles of executing this principle make limitat ions for governments in purchasing international crimes.On the other hand, many criminals of such crimes will be supported by them if they have authorities; moreover, leaning on thes e principles is limited to certain cases that crimes happen inside territory of government, perpetrators or vict ims are nationals of that state, or crime happens against their main benefits.Consequently, execution of any of these principles didn't account for hu man needs for preventing fro m impunity of who co mmit crime against all hu man co mmun ities.Therefore, these criminals have never been punished.The principle of universal jurisdiction includes developing jurisdiction of criminal laws enforcement than international crimes.Regarding to this princip le, govern ments have right to purchase some criminals inside their territories without caring to know where the crimes happened, or what is vict im or perpetrator nationality.The princip le of universal jurisd iction is based on this assumption that some of their crimes are so nasty and evil in all hu mans' views whose perpetrators are considered as enemy of all nations.Therefore, each government has right to prosecution, trial, and punishment of such crimes.Another noticeable point about enforcement universal ju risdiction is acco mpanying judg mental and legislative jurisdiction.It means if a court of state has jurisdiction to handle allegation, this handling will be done based on laws of that state, because criminal laws have close relationship with states governance and no state will execute laws of another state in its trials.Hence, courts enforcing principle of universal jurisdiction about international crimes will execute laws of their subordinated government.On the other hand, internal courts have shown when internal laws doesn't explicitly assign laws for un iversal ju risdiction, they are not interested to judge people based on universal jurisdiction.

Legiti mation of Hol di ng Internati onal Court by United Nati ons
Articles 41 and 42 of UN Charter are the only articles giving authorities to Security Council to declare rights and responsibilit ies of governments.According to these 2 articles, council can make decisions of bringing necessities for governments.
According to the seventh chapter of chapter particularly in articles 41 and 42 in fighting against breaking international regulation and co mmit ments by governments which endangers international peace, security council can impose administrative mandate and divide them to 2 general groups of military administrative mandate and non-military ad ministrative mandate.
Non-military ad ministrative mandate has been predicted an article 41 of UN chapter.According to this article, "security council can decide which mandates are necessary without need of military impose and can ask UN to do these actions.These actions may include stopping all or a part of economic relationships and railway, marine, air, postal, telegraph, rad io, etc. co mmun ications, and breaking political relationships." According to article 42 of UN Chapter "if security council recognizes predicted actions in Article 41 is not efficient, it can act to protect peace and international security by air, sea, o r land force.These actions may include demonstrations, blockade or other military, air, sea, or land operations.
In addit ion to extension of hu man rights break and international human itarian laws in the mentioned region, end of cold war and motto of international modern arrangement were anothe r factor leading Security Council by hope to obtain international peace accomplishment by executing criminal law after passing 250 hostilities in the second half of 20 th century think to establish an international juridical center in order to establish peace and security in the territory of the fo rmer Yugoslavia.
Security Council documented to the 7 th chapter and articles 39 and 41 of UN Charter to establish such court.It means intensive break of hu manitarian laws in the mentioned hostilit ies is an examp le of threat against peace and international security.In this regard, according to article 41, establishing criminal justice is considered an act ion to establish peace by an international criminal center.

Ti me Jurisdicti on of Internati onal Cri minal Court
Article 126 of association states time of entry to force regulations.This art icle beside other articles determines accurate time of court jurisdiction coming to force.According to these articles of association, it will co me to force fro m the first day since 60 days exp iration date of deposit of the sixt ieth instrument of rat ification or accession in UN Secretary -General.Since 10 countries deposited ratification or accession document in UN simu ltaneously in April, 11, 2002, court art icles of association was come to force since Ju ly, first, 2002.Obviously, court will have jurisdiction to observe committed crimes in the membered countries or by their nationals.According to part 2 of article 126 of art icles of association, it will co me to force to deposit document of these government since the first day to 60 days later which rectifies or access their documents to UN Security-General.

Investigating Authority of Security Council in Development and Suspension the Jurisdicti on of Internati onal Criminal Court
International criminal court is obliged to have relationship with other international institutions to do its mission which is executing criminal justice to have global peace establishment.UN role as the main establisher of protecting global peace and security is more highlighted than the international organizat ions.In this regard, in articles of association of this court, its relationship with UN has been focused from various aspects.Reference to crime full states in court jurisdiction request to suspend investigations or prosecutions by Security Council, role of Security Council in defin ition of the crime of aggression, the financial relationship between the Security Council and the Court, the Security Council's role in international cooperation between States and the Court are the most important communicat ional aspects of Court and UN.Under Section B of Article 13 of the Statute of the International Criminal Court, in a situation where several crimes happen, Security Council can refer them to prosecutor.In this case, court finds jurisdictions of observing such crimes.Working on right to vote in Security Council after theoretical issues need investigating 2 important titles; first basis of Security Council in reference situation to court; second court jurisdiction basis in this state.

Court Gl obal Jurisdiction in Referring State to Security Council
When crime consisting states related to international criminal court is referred fro m government or prosecutor of this court investigate it individually, the basis of court jurisdiction is clear, because it purchase starts either fro m the place of crime occurrence wh ich should be one of membered government of article of association or credit of criminal national.When Security Council refers to a situation, court jurisdiction is based on none of them, because no government satisfaction is considered as precondition of executing court jurisdiction.In other words, in this state court is universal and is not limited to a certain realm.Therefore, if a situation is found anywhere in the world consisting of a crime o r crimes in court jurisdiction, the criminal, regardless of whether membership or consent of the territorial state, the government of the perpetrator or the victim and the accused arrested reflection, court can impose its jurisdiction after referring situation fro m security council.Th is jurisdiction of court can't be based on any other principles except princip le of global jurisdiction that a criminal center may have jurisdiction on its regard.

Conclusion
The most disastrous violations of human rights and international international hu manitarian law co mmitted in the course of history by those who support the governments concerned, there is no possibility to pursue it in civil court.The principle o f global jurisdiction is not also a safe support to pursue these people, because political consideration, lack of p roper leg islation, lack of necessary knowledge and specialty, juridical problems such as access to reasons and resulted problems by International legal aid are always obstacles preventing from its accurate execution.If we consider criminal justice as a proper mechanisms to establish peace and assurance o f human rights and international humanitarian law, their establishment is possible just under the light of an independent and powerful international criminal system.The pred icted legal system in Charter of UN is to support human security and peace establishment leaning on polit ical, oversight and a little military activ ities have proven their insufficiencies chronically, because it couldn't prevent bloody and destructive wars ruining human in itial and infrastructural rights after passing about 60 years.Although, it shouldn't be hoped to remove all pollutions fro m breaking human in itial rights just by help of international criminal system fro m the world, it be hoped international criminals be non-punished less than past and preventing crimes to some extent.This aim is achievable when there is permanent, powerful, independent criminal center to execute its jurisdiction by government support.Obviously, jurisdiction of case international criminal court is just considered as made situation in a certain time section.Today international criminal court made today and is committed the mentioned mission.Although, its Articles of Association process is slow, its future is pro mising, because governments are satisfied by its support and approval in recent years.This court is useful and effective when it has significant power and ability to pursue international crimes.Imposing its jurisdiction is mo re extensive in various aspects; however, there is more hope to get to the mentioned purpose.Although, developing court jurisdiction may make govern ments authorities worried about human rights and humanitarian laws breaker governments, caring human rights are better guaranteed in this way.In this way, there are some governments whose forces are involved to wars all over the world and have more chance of breaking human rights, and have more concerns about instituting one independent international criminal center.