ULUSLARARASI NECMETTİN ERBAKAN HUKUK KONGRESİ TAM METİN BİLDİRİ KİTABI
THE POWER AND DUTIES OF INTERNATIONAL CRIMINAL COURT PROSECUTION OFFICE
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International Criminal Court (ICC) established by Roma Statute started to work in 2002 as the first permanent international criminal court. The Prosecutor Office of ICC is one of the most important organs of the Court. The powers of the Prosecutor's office have been one of the most controversial issues in the establishment process. Eventually, states have agreed on a mechanism established on a sensitive check and balances system of investigation. However, due to the limitations imposed by this mechanism. there are significant problems with the independence and effectiveness of the ICC Prosecutor. The power and duties of the ICC Prosecution Office are regulated in article 42 of the Rome Statutes. In the first paragraph of this article, the independence of the Prosecution Office is emphasized. This independence must be against both non-Court sources and other organs of the Court. The most important duty of the ICC prosecutor arises during the investigation phase. At this stage, the prosecutor will conduct a preliminary investigation first. If the prosecutor concludes that the information he or she has is serious enough to provide a "reasonable basis" for an investigation, he must seek permission from the Pre-Trial Chamber to open an investigation (for the investigations initiated proprio motu). If the evidence establishes reasonable grounds to believe a person is responsible for a crime, the ICC Prosecutor will request the Pre-Trial Chamber to issue a summons or arrest warrant. Once the suspect is ready for trial, the Pre-trial Chamber will hold a hearing and make a decision on the charges. The prosecutor also fulfils the duty of the prosecution during the trial phase and has the right to appeal the verdict of the Court. In order to investigate an act, the ICC Prosecutor's Office must be activated by the "trigger mechanism". This mechanism can be activated by a referral of a state party, by UN Security Council or by the ICC Prosecutor proprio motu. In its initial investigation of an incident, the ICC prosecutor must determine whether the alleged crimes fall under the jurisdiction of the Court, especially in terms of temporal, territorial, personal and subject matter. Additionally, the ICC prosecutor has to assess the alleged crimes in terms of admissibility and "complementary rule". The powers and duties of the ICC Prosecutor are determined within the framework of a very sensitive mechanism. This mechanism may also prevent the ICC prosecutor from carrying out his duties effectively in various situations. Additionally, there are serious problems in practice with the arrest of the suspects. One of the most controversial issues with the ICC prosecutor is the discretion of the prosecutor to decide which cases or persons to investigate. In this paper, theoretical information and basic discussions about this institution will be given and the situation in practice will be discussed within the framework of concrete cases.
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