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The Office of the Prosecutor is one of the
four organs of the International Criminal Court. It is headed by the
Chief Prosecutor, who is elected by the Assembly of States Parties and
has full authority over the management and the administration of the
Office, including the staff, facilities and other resources of the
Office. The Chief Prosecutor is
Mr. Luis Moreno-Ocampo
who took office on 16 June 2003 by pledging his solemn undertaking as
required by article 45 of the Rome Statute.
The Assembly of States Parties also elected two Deputy Prosecutors, Mr.
Serge Brammertz (Investigations) and Mrs. Fatou Bensouda (Prosecutions),
from a list of candidates provided by the Chief Prosecutor, following
the publication of a call for applications or nominations of candidates
to that post.
Mandate
The mandate of the Office is to conduct investigations and prosecutions
of crimes that fall within the jurisdiction of the Court, that is, the
crime of genocide, crimes against humanity and war crimes. At a later
stage, once the States Parties have agreed to a definition of the crime
of aggression, the Office will be empowered to investigate and prosecute
this crime.
By conducting investigations and prosecutions, the Office contributes to
the overall objective of the Court – to end impunity for the
perpetrators of the most serious crimes of concern to the international
community as a whole, and thus to contribute to the prevention of such
crimes.
Procedure
The Chief Prosecutor may start an investigation upon referral of
situations in which there is a reasonable basis to believe that crimes
have been or are being committed. Such referrals must be made by a State
Party or the Security Council of the United Nations, acting to address a
threat to international peace and security. In accordance with the
Statute and the Rules of Procedure and Evidence, the Chief Prosecutor
must evaluate the material submitted to him before making the decision
on whether to proceed.
In addition to State Party and Security Council referrals, the Chief
Prosecutor may also receive information on crimes within the
jurisdiction of the Court provided by other sources, such as individuals
or non-governmental organisations. The Chief Prosecutor conducts a
preliminary examination of this information in every case. If the Chief
Prosecutor then decides that there is a reasonable basis to proceed with
an investigation, he will request the Pre-Trial Chamber to authorise an
investigation.
As a consequence of its mandate, the Office of the Prosecutor comprises
three divisions. The Investigation Division is responsible for the
conduct of investigations (such as collecting and examining evidence,
questioning persons being investigated as well as victims and
witnesses). In this respect, the Statute requires the Office to extend
the investigation to cover both incriminating and exonerating facts in
order to establish the truth. The Prosecution Division has a role in the
investigative process, but will have principal responsibility for the
litigation of cases before the various Chambers of the Court. The
Jurisdiction, Complementarity and Cooperation Division (JCCD) analyses
referrals and communications, with support from the Investigation
Division, and helps secure the cooperation needed for the activities of
the Office. The JCCD is led by Mrs. Silvia Fernandez de Gurmendi.
The principle of complementarity
The Preamble of the Rome Statute recognises that the Court itself is but
a last resort for bringing justice to the victims of genocide, war
crimes, and crimes against humanity. It therefore calls upon all States
to take measures at the national level and enhance international
co-operation to put an end to impunity, and reminds States of their duty
to exercise criminal jurisdiction over those responsible for such
crimes. Thus, the Rome Statute assigns the Court a role that is
complementary to national systems.
Emphasising the primary responsibility of States to investigate and
prosecute international crimes, the Statute provides that a case is
inadmissible before the Court where the case is being investigated or
prosecuted by a State which has jurisdiction over it, unless the State
is unwilling or unable genuinely to carry out the investigation or
prosecution. The Chief Prosecutor is obliged to consider this
requirement of the Statute when deciding whether or not to start an
investigation.
Independence
The Rome Statute provides that the Office of the Prosecutor shall act
independently. Consequently, a member of the Office of the Prosecutor
must not seek or act on instructions from any external source, such as
States, international organisations, NGOs or individuals.
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