Powers of International Criminal Court Prosecutor to Open Criminal Investigation

International Criminal
Court

Table of Contents
Introduction..........................................................................................................................................3
Main Body ...........................................................................................................................................4
International Criminal Court............................................................................................................4
The Powers of the Prosecutors in order to carry out the investigation ...........................................5
Jurisprudence of the court in the decisions of Bangladesh/ Myanmar and Palestine......................9
Contrasting the role of Prosecutor according to Article 13 ...........................................................11
Article 54 of ICC...........................................................................................................................13
Need of reforms in ICC.................................................................................................................14
CONCLUSION................................................................................................................................14

REFERENCES...................................................................................................................................16
Introduction
The International Criminal Court is intra- jurisdictional institution and its global court is
situated in the city of Hague in Netherlands. It was regarded as primary and imperishable tribunal at
international level with territorial dominance for prosecuting individually of criminal actions
globally like racial extermination, crime against humankind, war crimes and hostility transgression.
These evildoing are contrast from the International Court of Justice ruling which is also segment of
United Nation Organization whose main object is to resolve and listen conflicts between distinct
nations(Adem, 2019). It came into force with effect in running from 1st July in year 2002 on its
admission in forces of Rome Statutes which is many sided convention serving as tribunals charters
and administer documentation of data. The nations who entered as member of this treaty has also
automatically became part of International Criminal Tribunals. They serve on behalf of countries
being parties association managing the court. On March of year 2022 the ICC constituted total 123
member states among which 42 countries have not signed the treaty and are also not party to such
convention. Its primary aim is to support states being their last option tribunal where the
organization mainly counts previous domestic judicial method which exercises its power
specifically in domestic tribunal for prosecuting criminal cases which prior court is not able or
willing to hear the case. There is absence of worldwide or overseas jurisdiction which only can
hold inquiry in matters for prosecuting issues related to criminal actions engaged by individual
states being member of pact or crimes committed referring by states part of such institution or
wrongdoing by UN Security Assembly. This essay mainly confers about structure of International
Criminal Court and their jurisdiction. It elaborates various legal provisions regarding enforcement
of its administration of provisions with effect. Moreover, discusses about power of prosecutors in

opening criminal investigation. This also displays issues occurring in countries like Myanmar,
Bangladesh and Palestine in relation to issues presented in ICC.
Main Body
International Criminal Court
The enactment for creating and incorporating this tribunal was reconciled during
international meeting at Rome on July 17 in year 1998. In subsequent to aggravated arbitration of
mainly 120 nations voting for accommodation of convention. Where 139 countries have subscribed
to accord in the middle of year 2004. There 66 nations were required to set up the tribunal which
was sanctioned in pact on 11 April in the year 2002 which basically meant that temporary territorial
authority started from July 1, 2002. The administration of this organization included formation of
18 judges appointed in tribunal for administering contracting state disputes. In this structure of body
concludes great standard and distinct benches of judicial enforcement among which seven were
female who represented all areas regions globally were pledged into agency in year 2003 at branch
of Hague who were seated in tribunal herein. The month of April in same year constituted Council
of contracting nations appointed Principal prosecuting officer namely, Luis Moreno Ocampo. Later,
94 member states became part of statute in year 2004. All member states have adopted legislations
which sets criteria for determining manner in which nation shall form and enforce its duty under
Rome conventions(Qarni, 2019). These regulation covers instance like triviality of business firm
among countries and courts often called instrumentality of laws .
The tribunals shall take action in case of heinous offences which are concerned with global
communities. It includes evildoing such as war crimes, crime against humanity, genocide,
transgression of hostility. This further offers that courts shall institute the offence of enmity but
member states must give consensus on these explanation.
Firstly genocide refers to occurrence of actions which are omitted with intention to destruct wholly
or partially federal, ethnic, race or religious belief of community. It carries numerous actions which
are as follow like violent death of associates of specified groups, aggravated bodily or
psychological harm, deliberation to inflict physical injury on life conditions whole or in parts, force
of transferring certain section of minors to other communities etc.
Secondly, crimes against humanity comprises engagement in offences diversely or attacking via
systematic approach ordered opposing certain sections of civil society it involves crimes like
murder, captivity, annihilation, exile, rape etc.
Thirdly, war crime which involved serious violent actions as stated under Geneva conventions