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Research On Legal Issues In The Exercise Of The Prosecutor's Power Of The International Criminal Court

Posted on:2021-03-02Degree:MasterType:Thesis
Country:ChinaCandidate:Z X YangFull Text:PDF
GTID:2416330626962633Subject:International law
Abstract/Summary:PDF Full Text Request
In order to punish international crimes and guarantee the fairness and justice of the international community,the establishment of a domestic judicial system has been unable to meet the crackdown on such cross-regional international crimes.The call for justice and peace sparks demand for a long-standing international court,the International Criminal Court came into being.As one of the most important functions of the International Criminal Court,the Office of the Prosecutor is responsible for receiving and reviewing the situation submitted and any factual information about crimes within the jurisdiction of the Court,conducting investigations and prosecutions in the Court.The Office of the Prosecutor has the power to investigate and prosecute genocide,crimes against humanity,aggression and war crimes committed by or in the territory of a State party.Prosecutors play a vital role in the investigation,prosecution and trial of core international crimes.Because the cases handled by the International Criminal Court are highly political and complex,they are closely related to international politics,international relations,regional and national conflicts,and do not simply involve legal issues.This article expounds the powers of prosecutors,and discusses how to give prosecutors sufficient powers of investigation and prosecution to ensure that they perform their duties in a complex international environment,and to effectively prevent abuse of power and selective enforcement Realize effective checks and balances while fully empowering.Based on the seriousness and particularity of the crimes under its jurisdiction,the International Criminal Court does not have a dedicated police department.Instead,it assigns prosecutors with criminal investigation and prosecution functions in the general sense,which is the most comprehensive system of prosecution and police integration.In the exercise of the investigative power of the International Criminal Court,prosecutors will inevitably conflict with related powers,such as the conflict between the prosecutor's investigative power and the powers of the UN Security Council,the conflict between the prosecutor's investigative power and the judge's review power.Prosecutors of the International Criminal Court have considerable discretion,including the right to initiate prosecutions and the right to modify or withdraw prosecutions.These discretionary powers encountered practical problems in the application process,and they are all important issues that must be carefully examined in the exercise and improvement of the prosecutor's discretionary powers. Moreover,the parties to the Rome Statute,the international community and other factors have considerable influence on the restriction and balance of the powers of the Prosecutor of the International Criminal Court.At present,the international community has high hopes for the International Criminal Court,and the fair and unbiased performance of prosecutors is essential for the fair and efficient operation of the International Criminal Court.Therefore,the powers of the Prosecutor of the International Criminal Court need to be further studied,and some clear strategies need to be put forward to eliminate these difficulties.
Keywords/Search Tags:International Criminal Court, Prosecutor's powers, Rome Statute
PDF Full Text Request
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