نوع مقاله : پژوهشی
استادیار گروه حقوق جزا و جرمشناسی، دانشکدۀ حقوق و علوم سیاسی، دانشگاه تهران، تهران، ایران
عنوان مقاله [English]
The International Criminal Court is unable to prosecute all international crimes that fall within its jurisdiction. The situation selection falls within the Prosecutor’s discretion that is done by conducting a preliminary examination. In this filtering process, three factors are taken into account, namely jurisdiction, admissibility and the interests of justice. Nevertheless, the Prosecutor prefers to extend its discretion behind the preliminary examination stage. Accordingly, the Prosecutor selects a situation not only to initiate an investigation upon conducing a preliminary examination but also to open a preliminary examination in itself. This article argues that the Prosecutor’s discretion to open a preliminary examination is limited to consider the jurisdiction requirement in a narrow manner, namely to exclude those crimes that are manifestly outside of the Court’s jurisdiction. Due to the role of preliminary examinations in combating the culture of impunity, the Prosecutor shall not adopt a conservative approach to open a preliminary examination.