Prosecutor of the international Criminal Tvbunals

  • Sayah Bosahih

Abstract

The Statute of the International Criminal Court came into legal force on July 1st, 2002 and since that the court's organs began working and all hopeful to achieve international criminal justice; according to the provisions of Article 05 of the Statute, the ICC has tried to exercise all its powers and functions deriving the necessary legal force from this text which indicates its competence. Like any court, there should be an existence of a lawsuit thus the court will consider it, this lawsuit is brought by who has the right to do so, either by the public prosecutor representing the complainant in the criminal proceedings, unlike the matter for the International Criminal Court where Furthermore to the right of the general prosecutor  to move the case up, Article 13/b of the Statute authorized the Security Council a right to refer the criminal case to the International Court, under Chapter VII of the Charter of the United Nations; the Statute of ICC authorized such right to States-party. The Office of the Prosecutor is considered the arm of the public prosecution which is a separate and independent body headed by the Prosecutor assisted by one or more deputy prosecutors who –all- must be of different nationalities enjoying the "high moral character" and "extensive" practical experience in criminal trials, as they must be fluent at least of one of the working languages ​​of the Court. In criminal justice, whether temporary or permanent, it was proved that the choice of the general prosecutor remains always of the most difficult matters, but more difficult than the election of judges of the Court, so that, later it was agreed and highly desirable for this delicate position when to be filled, would be by consensus and not by the proposal or ballot that may be volatile and unexpected in the end.
Published
2019-05-04
Section
Articles