Referral and Prosecution Authority before the International Criminal Court According to the 1998 Rome Statute
DOI:
https://doi.org/10.35246/jols.v37i1.455Keywords:
Referral, Prosecutor, Commencement of investigation, Security Council, National Judiciary, International CourtsAbstract
The ICC is a reclining judicial body that punishes ordinary persons for crimes committed and falls within its jurisdiction in accordance with article (5) of the Court's Statute: crimes of extermination, war, aggression, and crimes against humanity. This gives the international community the right as affected by these acts to initiate criminal proceedings to punish the perpetrator. However, this right has not been left so and without regulation, but has been enshrined in the Rome Statute - whether with regard to those who are qualified to exercise this right, or with the restrictions to which it responds, requiring the ICC to exercise its powers to take some previous actions in contact with the Court in connection with the case, the most important of which is to refer the case either through a State party, or not by a party, or through the Security Council - in relation to any situation that threatens peace and international security to the Prosecutor of the Court, and the prosecutor The general investigation after he was authorized by the Pretrial Affairs Department.
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References
Arabic References:
i. Statute of the International Criminal Court
ii. Attia, Abo al-Khair Ahmed, 1999, The Permanent International Criminal Court: A Study of the Statute of the Court and the Crimes that the Court is Competing to Consider, Dar Al-Nahdha Al-Arabiya, Arab Republic of Egypt.
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vi. Al-Tabtabaei, Adel, 2003, The Statute of The International Criminal Court and Its Conflict With The Provisions of The Kuwaiti Constitution, Journal of Law issued by The Scientific Publication Council of Kuwait University, Supplement to The Second Issue of The Twenty-Seventh Year.
vii. Al-Masadi, Adel Abd Allah, 2014, International Criminal Court - Jurisdiction and Referral Rules, Dar Al-Nahdha Al-Arabiya, 2nd Edition Arab Republic of Egyp.
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x. Shehab, Mofeed Mahmoud, 1990, International Organizations, Dar Al-Nahda Al-Arabiya, and Amer Salah El-Din, 1998, International Organization Law, sixth Edition.
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English References
i. Neha jain- A Separate law for Peacekeepers: 2005, The Clash between the Security Council and the International Criminal Court. EJIL, vol,16,No,2
ii. William Aschabas, 2001, (an introduction to the ICC) Cambridge university press.
iii. Luigi condorelli and Annalisa ciampi, 2005, Comments on the Security Council Referral of the Situation in Darfur to the ICC. JICJ. VOL. 3.
iv. Andre. Hute. 2001, et koering joulin (Renee) Droit Penal International PUF. paris. 2 edition.
v. Lijun Yang, Some Critical Remarks on the Rome Statute of the International Criminal Court.
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