Duties and Powers of the Prosecutor of the International Criminal Court in Different Stages of Proceedings

The establishment of the International Criminal Court (ICC) represents a symbol and embodiment of certain fundamental values and aspirations shared among all peoples of the world and, as such, constitutes a victory for all humanity. The ICC is not a panacea for all human suffering; it does not end conflicts, it does not restore life to victims, it does not return former welfare and comfort to survivors, and it does not bring all perpetrators to justice. However, the Court can assist in preventing some conflicts, reducing the number of victims, and holding certain perpetrators accountable. In this respect, the ICC, like other legal and international institutions, can help us build a more humane civilization. Considering the above, the central question raised in this study is: How can the Prosecutor of the International Criminal Court address non-international armed conflicts? This study, using a descriptive-analytical method, evaluates the hypothesis that the ICC Prosecutor may counter non-international armed conflicts through the United Nations Security Council and the adoption of relevant resolutions, as well as propose practical solutions. This is because, under Article 13 of the Rome Statute, one of the conditions for the Court to exercise jurisdiction is the referral of a situation to the Prosecutor by the Security Council. Among the main objectives of this research is to examine the duties and challenges faced by the Prosecutor of the ICC with regard to war crimes committed in non-international armed conflicts.

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Published
2025-01-01
DOI
https://doi.org/10.61838/kman.lsda.168
Primary Topic
International Law and Human Rights
Type
article
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article

Duties and Powers of the Prosecutor of the International Criminal Court in Different Stages of Proceedings

Mostafa Khodarahmi, Mehdi Khaghani Esfahani, Alireza Jahangiri
International Law and Human Rights
article

Duties and Powers of the Prosecutor of the International Criminal Court in Different Stages of Proceedings

Mostafa Khodarahmi, Mehdi Khaghani Esfahani, Alireza Jahangiri
article en

Abstract

The establishment of the International Criminal Court (ICC) represents a symbol and embodiment of certain fundamental values and aspirations shared among all peoples of the world and, as such, constitutes a victory for all humanity. The ICC is not a panacea for all human suffering; it does not end conflicts, it does not restore life to victims, it does not return former welfare and comfort to survivors, and it does not bring all perpetrators to justice. However, the Court can assist in preventing some conflicts, reducing the number of victims, and holding certain perpetrators accountable. In this respect, the ICC, like other legal and international institutions, can help us build a more humane civilization. Considering the above, the central question raised in this study is: How can the Prosecutor of the International Criminal Court address non-international armed conflicts? This study, using a descriptive-analytical method, evaluates the hypothesis that the ICC Prosecutor may counter non-international armed conflicts through the United Nations Security Council and the adoption of relevant resolutions, as well as propose practical solutions. This is because, under Article 13 of the Rome Statute, one of the conditions for the Court to exercise jurisdiction is the referral of a situation to the Prosecutor by the Security Council. Among the main objectives of this research is to examine the duties and challenges faced by the Prosecutor of the ICC with regard to war crimes committed in non-international armed conflicts.

Vol. 4(2)
Islamic Azad University Semnan (IR), Institute of Criminology (SI)
Openalex Percentile: Top 68%
International Law and Human Rights
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