دور المدعي العام في تقرير مسؤولية القادة و الرؤساء الجزائية أمام المحكمة الجنائية الدولية الدائمة

Abstract EN

The diplomatic immunity which leaders and chiefs enjoy, should not be a curtain criminals hide behind or to make use of their immunity to commit criminals against humanity.

From this aspect the international society in the period of Rome basic system of the international criminal court could deprive those leaders and chiefs from their diplomatic immunity if they commit one of the big criminals.

The basic system of the international criminal court will be applied on all of the individuals equally without any discrimination cause of the official characteristic (even if he / she was a president of a state or government) which does not exempt him / her , by any means, from the criminal responsibility and never be a reason of commutation the penalty.

And since the idea which is determined in the human conscience that crime does not affect the victim and his / her relatives only ; but it affects the whole society in its security and settlement, in the human thought there is a practical and theoretical fact that to the effect that : society should be represented by a special committee starts calling the social right to be harmed from the crime and agreed on it with the general right and this by the different paths of the case starting from the prosecution till its completion.

Starting from this idea the international criminal court makes sure through the basic Rome system to form the General Attorney Bureau in the court to be one of the most important bodies of this court according to the nature of its forming, specializations, and authorities entrusted to it.

This, the basic Rome system, procedural rules, and proofs rules has granted to the general attorney in the international criminal court tasks and vast specializations that serves in achieving the international criminal responsibility of chiefs and leaders.

These will grant the general attorney of the court the authority of prosecution by him/herself and reopens the investigation according to the available information provided for a crime of the crimes that have entered in the court specialty without any request from the security council or suburban states.

Despite the scientific fact which has proved that the general attorney might take advantage of his authority for political reasons under an international pressure acted by some of the big states, this and at the same time will form an important transfer that getting out the international criminal court from the form of subordination so the human fortune will be promising with a better future needed by our civilized world.

Research's plan : We depend in the subject research a plan that divides it to three topics, in the First we search for the legal post of the general attorney in the international criminal court, while we devote the Second to search the base of leaders and chiefs' responsibility in front of the international criminal court, the Third one was to search the role of the general attorney in prosecuting against leaders and chiefs.