Different communities «Organization», ie, based on the rule of law, radically different from the communities «informal», ie, the lawless rule of law and the logic of force. While the first type of managed communities on the basis of general rules and regulations issued in accordance with the mechanisms agreed upon and apply to everyone without discrimination, which is administered in accordance with the second type «Law missed» governed by the prevailing power relations. Therefore, it is natural to live in organized societies «state of the law» versus «the state of nature» experienced by non-organized communities, if we use the term to air the British philosopher Hobbes! And that human societies are not static but are in a constant mobility of the societies in which they can live «state of nature» to move to the «state of the law» as soon as they have integrated three conditions: elected by the legislative authority to promulgate laws, and the authority of an elected executive and also the effective application and have sufficient means to enforce respect for all, and an independent judiciary is interpretation and adjudication of disputes that may arise between citizens, on the one hand, or between them and the State organs, on the other. This means that there are not enough bodies have legislative powers, executive and judiciary in order to complete the elements of the rule of law, but must derive legitimacy of these three bodies of the general will reveal themselves through free elections, and that there should be a clear separation between the powers of the Authority to ensure the full independence of the judiciary . When the authority of the legislation are not truly reflect the general will, which is difficult to verify in the absence of fair elections, it is easy to question the credibility of its own laws and facilitate the accused in this case of bias power and the interests of dominant social groups at home, or succumbing to the pressure of the dominant world powers of Foreign Affairs , and not sufficiently taken into account the national interest and the interests of the majority of citizens, which should be of national legislation that seeks to achieve. When the executive is not responsible for the implementation of the laws reflect the political majority is not to question the legitimacy, or at the work site Inqilabi and not through the ballot box, they are more likely to be selective in their application of the laws, either to influence or take into account the interests of certain balances, thus affecting the one of the most important pillars of the rule of law, a general and their applicability to all without discrimination. And when they are entrusted with the power of judicial interpretation of laws and adjudicate disputes completely independent, it is difficult in such a case, the provision of guarantees of impartiality and professionalism required to enable the judiciary to do its duty to fully and provide a satisfactory level of prompt justice. Because such conditions are not available only in democratic political systems, we can decide here that the societies in which they are managed through a democratic, only able to overcome the «state of nature» to the «state of the law». The communities that are not managed in accordance with generally accepted democratic mechanisms, namely, those that do not have the legislative and executive powers freely and fairly elected and a judiciary fully independent, is still living «state of nature» was not yet reached the «state of the law», which is the case for all societies or human systems, whether local or international. Until recently, scholars of international law to promote the idea that the international system, which for centuries has been a long-lived «state of nature» in view of the firm Based on the principles of sovereignty and the balance of power, has started since the Second World War to the start of a rapid transition to a «state of the law», the evidence: 1 - Adoption of a growing number of States rely on gravity power alone in the conduct of international affairs and the increasing trend towards the prohibition of their use and means of resolving international disputes. 2 - the complexity and overlapping of interests under the pressure of the international scientific and technological development, and a consequent narrowing of the growing acceptance and placement of the scope of the concept of sovereignty to the requirements of the common interest in peace and security. 3 - a growing belief in the importance of the role played by international organizations in the management of international relations and the gradual expansion of the establishment and the authorities and provide them with the necessary powers to enable it to carry out its functions growing. It was natural, in this context, the fact that «the League of Nations» at some point between the two world wars and «United Nations», after the Second World War, he developed for consideration in this context. It was considered by many to become «the Security Council», which was mandated by the Charter of the United Nations authority and broad powers, the nucleus of a world government in the future, and to become «the International Court of Justice», the nucleus of the authority of universal jurisdiction, but did not rule out the possibility of some evolution of the United Nations General Assembly to become the nucleus of Parliament has the legislative powers of an international real exercises oversight role on the performance of the Security Council. Thus began the international stage is the development, but actually develops in the direction of the transition to a democratic system features a complete and contains three authorities are working to achieve the separation and balance and reciprocal control them!. However, the outbreak of the cold war between the capitalist and socialist camps, after a brief period of the United Nations, quickly put an end to these optimistic expectations. Has resulted in excessive use of the veto, especially by the Soviet Union, to the paralysis of the Security Council, which in turn reflected in the International Court of Justice, which began its role in the decline and atrophy. The situation in this manner to the beginning of life runs in the arteries of the new international institutions, while the cold war ended suddenly fall of the socialist camp. The Security Council, has been active in the international system Iehdha not before, and the world has begun looking forward to the new born had been long overdue, the International Criminal Court. It was natural that the successful establishment of this court to revive the hopes of a new democratic international system features a full-fledged, but the U.S. hegemonic ambitions soon led these hopes in the bud, rather than to become the International Criminal Court important step on the road to the development of international law , was transformed into a tool to demolish and destroy what is left of it. Indeed, the court can be a huge step on the road to the development of international law if three conditions are, first: the ratification of all the main countries in the international system to its Statute. II: the restructuring of the Security Council and reform of decision-making mechanisms to ensure that use of the court as a means of blackmail, or to distinguish between the States. III: Amendment to the powers of the International Court of Justice in order to ensure the compulsory jurisdiction for the adjudication of all international disputes of a legal nature, because it is not reasonable, and an international criminal court in an international system without mechanisms obliges States litigation in civil courts. However, neither of these conditions has not been achieved. Several countries have among the most use of force in international relations, such as the United States and "Israel", did not ratify the Statute of the Tribunal, the Security Council and its composition is still the same old, being formed from the Group of States and the allied victors of the Second World War and not as an expression of the balance of power existing in the international system, and enjoyed the powers and privileges are no longer justified. And the Statute of the International Court of Justice there has been no change. The consequences of an international criminal court, operating under the rules of the international mechanisms of the old set of facts can be very strange to outline the most important as follows: 1 - in theory, that all United Nations Member States to distance itself from the reach of the International Criminal Court, to refrain from acceding to the statute. 2 - In practice, the Security Council has the power to transmit to the crimes that took place or by officials in any country, even if it were not and had signed the Statute of the Court. And not only one meaning and that it can not all States to distance itself from the reach of the court!. 3 - the permanent members of the Security Council, which owns and is the only authority to use its veto to block a decision by reference to the International Criminal Court, and therefore have the capacity to protect itself and protect its allies from falling under the court. This means that non-member States to the Statute of the International Criminal Court has become in light of this system is divided into two types, I: States can commit war crimes or genocide or crimes against humanity, however, can not be submitted to the International Criminal Court, either because it is a permanent member of the Security Council or because they can rely on an ally of the permanent members of the Council, II: States are to submit to blackmail and the threat of the trial if it does not respond to specific demands. In order not to remain in the framework of the theoretical arguments, if carried out, "Israel", for example, or the deportation of large numbers of committing massacres against the Palestinians in 1948, who considered a threat to national security, which is not excluded under the Netanyahu government, it is difficult to imagine the possibility of a Criminal Court international investigation of those crimes that the U.S. veto, or the British or French would be ready to prevent the Security Council to refer the case to the Criminal Court. With regard to the Sudan, which may be the Government had committed crimes against its citizens, but in the context of trying to attempt the suppression of civil disobedience, threatening to tear apart the entire State, it has proved that the court can go so far as to warrant the issuance of the rule of the President and force him to appear before it. It seems that it is determined to continue in such an escalation in the context of the International Criminal Court, seems to be as a tool to blackmail in the hands of the permanent members of the Security Council to the tool to achieve international justice. That is, in my estimation, the shortest way to sabotage the international law and beat him in the killing, rather than refined and developed to become a step on the road to move the international system of «state of nature» which lived to the «state of the law» dream. Transmission of the international system to the «state of the law» requires a complete restructuring of the entire system of international institutions in the direction of: 1 - a review of the powers of the General Assembly to become a body of international legislation have the power to political control over the functioning of the Security Council. 2 - the restructuring of the Security Council and to amend its decision-making mechanisms on the basis of more democratic. 3 - to expand the powers of the International Court of Justice to make it compulsory jurisdiction to settle the disputes of a legal nature, and to consider the constitutionality of decisions of the Security Council. 4 - The International Criminal Court, the mandate to investigate the binding of all international crimes that fall within the jurisdiction. In fact, the international system still has a long way to go before moving from the state of nature to the state of the law!
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