Study On The Independence Of The Prosecutor Of The International Criminal Court

Since< International Criminal Court Rome Statute>took effect on July 1st, 2002 the International Criminal Court has been playing pivotal rule to the maintenance of world peace and to the punishment to the international crime. With the independent status the prosecutor plays an important and special function in the operation mechanism of the court. However, the international community content that in the exercise of authority the prosecutor tends to be involved the interference of external factors, which causes a seriously questioned independent existence.Based on this, the author presents a systematic study on the independence of the prosecutor of the International Criminal Court through the analysis to the legal documents of the International Criminal Court, combining with more than a decade of judicial practice of the court. This paper is divided into four chapters, the main contents are as follows:The first chapter stands for the contents of the independence of the prosecutor of the International Criminal Court and its safeguard mechanism. This paper states the independence of the prosecutor from the internal independence and external independence, and analyzes the concrete manifestation of the independence of the prosecutor in the operating mechanism of the International Criminal Court. Then it introduces the guarantee mechanism of the prosecutor independence on the International Criminal Court from personal security system, personnel appointment as well as removal system and financial security system.These security mechanisms ensures the independence of the prosecutor in a large extent.The second chapter is on the supervision and restriction mechanism on the prosecutor independence of International Criminal Court. This part refers to the internal oversight on prosecutor’s office, and the supervision from the pre-trial chamber, conference of the States parties, national sovereignty, the Security Council on the independence of the prosecutor. Through the control on prosecutor power, it ensures the better performance on their prosecutor duties.The third chapter shows the challenges faced to the Prosecutor independence of International Criminal Court. Based on the research on the first two parts of the content, the independence of the prosecutor of the International Criminal Court found a lot of problems, such as:the conflict between international peace and justice,the control and intervention from the United Nations Security Council to the international criminal court by,the attack of African bias, the immaturity of the independent oversight mechanisms, the effect caused by the interference from the victim in the system, the difficulty of investigation and evidence collection and executive arrest warrant.In Chapter four,to perfect the part, aiming at the challenges presented in chapter three, the author puts forward some suggestions, such as:building a harmonious world by the concept of the rule of international law, the consideration of political factors shall not break the law line, coordinating the relationship between the court and the Security Council, to further improve the independent oversight mechanisms, the victim should be at appropriate stages of the proceedings as reasonable to participate in the litigation, to improve the judicial cooperation between the state and the International Criminal Court.