How to investigate and prosecute in the International Criminal Court

Document Type : Original Article

Authors

1 PhD student in Criminal Law and Criminology, Faculty of Law, Islamic Azad University, Khomein Branch, Khomein, Iran

2 Assistant Professor, Faculty of Law, Islamic Azad University, Khomein Branch, Khomein, Iran

Abstract

The International Criminal Court has created a new structure for prosecuting perpetrators of major international crimes. How to start investigating and prosecuting crimes is an important issue in the Statute of the Court. According to the provisions of the Statute on the initiation of prosecution, the three aspects of "referral by member states", "referral by the Security Council" and "prosecutor's initiative" are established. In this regard, the court system has been designed in such a way that by eliminating the interrogation stage, the task of investigation has been assigned to the prosecutor along with the prosecution, who performs his duties under the supervision of the preliminary branch. In this regard, the prosecutor can collect information and evidence, review the documents, obtain the statements of witnesses and informants, investigate the accused and suspects and summon or arrest them. Member states are also required by law to cooperate with the prosecutor. It has jurisdiction over the supplementary court and exercises jurisdiction only in cases where no competent domestic court can or does not want to prosecute. In addition, the Security Council may, in accordance with Chapter VII of the Charter of the United Nations, request a moratorium on prosecutions and investigations.

Keywords

Political Sociology of Iran
Volume 5, Issue 10
December 2022
Pages 935-948

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