إجراءات المدعي العام للمحكمة الجنائية الدولية للشروع في التحقيق بشأن جريمة العدوان : الخصوصية كطابع غالب

Abstract EN

Compared to the other crimes provided for in the Rome statute, the prosecutor of the international criminal court takes peculiar proceedings to initiate the investigation in respect of situation related to the crime of aggression referred by the states parties or engaged by proprio motu mechanism.

Notwithstanding that the prosecutor proceed, all like other crimes, with the preliminary examination of the information made available to him or her to determine whether there is reasonable basis to initiate an investigation, he or she determines the elements of this examination according to distinct rules whether it concerns the competence ratione materiae, the competence ratione personae, .

the competence ratione locis, the competence ratione temporis, or the admissibility of the concerned situationIn addition, the prosecutor fellows a distinguished procedural track in the case when he or she concludes that there is reasonable basis to proceed with the investigation.

This constitutes a procedural restriction, the effects of which on the prosecutor's decision regarding the initiation of the investigation are different according to the different cases.

provided for in article 15 bis (6)(7)(8) of the Rome statute