The Role of the Office of the Prosecutor of the International Criminal Court in Advancing International Criminal Justice

Abstract

The Office of the Prosecutor constitutes one of the principal organs of the International Criminal Court (ICC). As a vital pillar of the Court, it plays a significant role in advancing the provisions of the Rome Statute. Unlike crimes addressed within the framework of domestic legal systems—which undoubtedly carry a lower degree of gravity—international crimes are characterized by their exceptional seriousness. Accordingly, the ICC exercises complementary jurisdiction over the four core international crimes. The commission of such crimes is of such magnitude that it threatens global peace and security and profoundly shakes the conscience of humanity. In this context, the Office of the Prosecutor of the ICC is mandated to safeguard international peace and security alongside the United Nations and to ensure the enforcement of international criminal justice. Given its independent nature, the Office neither receives instructions from external bodies nor acts upon them. It is obliged to respond to communications and to investigate crimes falling within the jurisdiction of the Court. This function underscores its crucial role in the administration of justice to such an extent that, even where the gravity of crimes and the protection of victims’ interests warrant prosecution, the Prosecutor may decline to proceed with an investigation if doing so would jeopardize the proper administration of international criminal justice. In view of the Office’s significance, the Prosecutor and his or her deputies must embody high moral standards and possess considerable scholarly expertise regarding both substantive and procedural aspects of international crimes. Only then can they secure global peace and security, enforce international criminal justice, and, where possible, contribute to the prevention of future crimes. Nonetheless, the Office faces various challenges in advancing international criminal justice. These include the discretion of States Parties to surrender suspects either to the Court or pursuant to existing extradition agreements, the practical limitations of the principle of complementarity, restrictions on access to territories where crimes have occurred, difficulties in collecting evidence, and other related obstacles.