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Eskandari A K. Duties and Powers of the Prosecutor of the International Criminal Court. SRQJL 2024; 2 (4) :73-92
URL: http://srqjl.knu.edu.af/article-1-69-en.html

One of the important elements of the International Criminal Court is the prosecutor. The prosecutor is responsible for managing the prosecutor's affairs. The prosecutor has deputies and advisors with legal expertise related to various issues, especially sexual assault, gender-based violence, and child abuse. The prosecutor has important duties and powers at the investigation and prosecution stages and the trial stage that ensure and facilitate the International Criminal Court's access to its intended goals. The question is, in which situation can the prosecutor investigate and prosecute those accused of international crimes and exercise his duties and powers? The present article attempts to answer this question and examines it using a descriptive-analytical method. From the review of the Rome Statute and the documents related to the International Criminal Court, it is clear that by referring the situation of one or more international crimes by the member states or the United Nations Security Council to the Prosecutor of the International Criminal Court or considering the information received by the Prosecutor about the most heinous international crimes, he can collect information from reliable sources on the matter and conduct the necessary investigations and, if he finds reasonable and credible reasons in the field, request authorization from the Pre-Trial Chamber of the International Criminal Court for a formal investigation and, with the approval of the Pre-Trial Chamber, exercise his powers in the pre-trial and post-trial stages.