The legal framework and the criteria of the preliminary examination of the cases raised before the international criminal court : a descriptive analytic study

الملخص EN

Preliminary examinations are an essential part of the procedures followed before the international criminal court, which are undertaken by the office of the prosecutor, that has an independence ,for filtering out crimes and selecting the most dangerous to deter it's perpetrators and consecrate international criminal justice.

however, is subject to a specific framework of the Rome statute by initiation of an investigation.

this article frames the action of the prosecutor from the opening of an investigation by establishing a number of criteria, which allows the prosecutor to refuse to open an investigation even if most criteria are present.

it therefore constitutes the bastion of the discretionary power of the prosecutor, for the sake of justice and away from any aligning, despite the pressures he is exposed to, which calls for the concerted international community in supporting the work of the court..