Seybold Report ISSN: 1533-9211
Lana Seerwan Khudhur, Assist. Prof. Dr. Ahmad Mustafa Ali
Vol 18, No 7 ( 2023 ) | Licensing: CC 4.0 | Pg no: 154-171 | Published on: 27-07-2023
Abstract
The article dealt with the existing international judicial system today, reviewing its procedural aspect, mechanisms, conditions, field of activity and then its effects, and concluded that the referral by a decision of the Security Council in accordance with Chapter VII of the Charter of the United Nations, expands the jurisdiction of the International Criminal Court to universality.
The indictment before the ICC takes place in two stages, the first at the level of the Prosecutor, who makes the indictments initially, and then comes a second stage before the Trial Chamber, in which the charges for which individuals will be tried are actually determined through the confirmation hearing.
The Prosecutor also has broad powers in his investigative proceedings, enabling him to search for various evidence, from examining and hearing witnesses, requesting information from any sources he deems credible, and even consulting with the Trial Chamber on certain matters, and even concluding agreements with States on cooperation with him.
Keywords:
International Criminal Court - International Justice - Right of the Accused - Investigation before the International Criminal Court.