Reading the Yemeni law No 01-2012 dated January 21, 2012: between impunity and considerations of national reconciliation

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Abstract

This article aims to analyze a traditional dialectic between international criminal justice on one hand and peace in international law on the other, in the light of the situation prevailing in Yemen through Law No. 12-01, which approved the immunity of the Yemeni president in exchange for his abdication as a political solution to the crisis.

This article also discusses the practice of the Security Council in balancing judicial and political logic in the process of building international peace and security. In this context, we are faced with the problem of finding compromise solutions between the legal requirements represented by the prosecution of the perpetrators of the most serious international crimes on one hand, and the political requirements based on the restoration of peace and security based on political solutions between the parties involved in crises, particularly internal ones.