Abstract
LL.M. (International Law)
The establishment of the International Criminal Court (ICC), through the 1998 Rome Statute of the International Criminal Court (ICC/Rome Statute) is proof that there is a general acceptance that leaders who act as aggressors and violate recognized human rights should face international criminal justice at the ICC. To achieve the ideals of the Rome Statute, the Office of the Prosecutor was established to act as a fore-runner and a bridge to victims of the core international crimes established by the statute, to have access to international justice.
The prosecutor while investigating and prosecuting the ‘core’ international crimes is expected to be independent and avoid undue influence. Furthermore, the prosecutor has to be seen to be acting without fear or fear in the execution of his duties in order for the ICC’s establishment not to be perceived as a futile exercise. He or she also has to guard against disrespecting the fiercely protected sovereignty of states, be they party to the Rome Statute or not, as states play a major role in the execution of the prosecutor’s requests to the court through cooperating with it.
The prosecutorial discretion to choose which situation to investigate and which senior official to prosecute is a very sensitive task, with major political implications as the court’s authority has not been universally accepted. In order to balance the prosecutorial independence and his not acting without control various principles and concepts were incorporated into the Rome Statute. They include the complementarity rule, the jurisdiction of the court, admissibility and cooperation with the court; which will form the basis through which the role and function of the prosecutor shall be discussed to analyze if indeed he is independent.