Examining the Role of the Prosecutorial Institution in the Judicial Systems of International Criminal Courts

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Khodarahmi Mostafa; Jahangiri Alireza; Khaghani Esfahani Mehdi

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Journal Paper

Paper Information

Journal: Encyclopedia of Comparative Jurisprudence and Law Year:2025 | Volume:3 | Issue:3 Page(s): 1-19

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Title

Examining the Role of the Prosecutorial Institution in the Judicial Systems of International Criminal Courts

Author(s)

Khodarahmi Mostafa | Jahangiri Alireza | Khaghani Esfahani Mehdi | Issue Writer Certificate

Keywords

International Criminal Court

judicial system

Iran

prosecution institution

prosecutor

duties

Abstract

The main research question is: What role does the prosecutor of the International Criminal Court play in adjudicating war crimes committed during non-international armed conflicts? It appears that the prosecutor of the ICC, in handling referred cases, is obligated to pursue a focused strategy based on customary norms recognized in international law. Among the objectives of this study is the examination of the scope of authority granted to the ICC prosecutor in actions aimed at reconciliation and repressive measures during non-international armed conflicts. Fair trial, as a general concept, influences the structure of criminal justice from the beginning through to the acquittal of the defendant or the release of the offender. Therefore, it is difficult to interpret it as a "right" in the traditional and broad sense. Rather, this concept is a principle that must serve as a guiding framework throughout all judicial stages. The process of sentencing and determining international punishments, from the Treaty of Versailles to the activities of the International Criminal Court, although gradually evolving, has not undergone fundamental changes or extensive fluctuations like the penalties in domestic legal systems. Within this context, the International Criminal Court (ICC) plays a pivotal role, and by addressing legal loopholes, it can take more effective steps toward humanizing its legal provisions. Research shows that the ICC, as one of the most significant achievements of the international community in the field of criminal law, must be capable of establishing a powerful, fair, and equitable system for determining penalties. Such a system not only compensates for the shortcomings of domestic courts in adjudicating international criminal cases but also, by amplifying its strengths over its weaknesses, will function in alignment with rational and reasonable principles. To better understand the role of the prosecutorial institution within the judicial systems of International Criminal Courts, this study first collected and categorized reliable and relevant data on the subject. Then, these data were analyzed using a descriptive research method, and the findings were presented.

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