Le pouvoir discrétionnaire du Procureur de la Cour pénale internationale

Auteurs

• Frédéric Foka Taffo

Paramètres

• Manuels
• Manuels universitaires

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The prosecutor plays a crucial role in the International Criminal Court's judicial structure, wielding significant discretion in selecting situations and cases for investigation, as well as in the collection and management of evidence. This discretion allows the prosecutor to choose which cases to pursue and which individuals to investigate, leading to potential criticism of his decisions. The lack of adequate judicial oversight over the prosecutor's choices can result in unjustified failures. Furthermore, the collection and management of evidence must adhere to the Rome Statute's rules, which aim to protect the rights of the accused and ensure a fair trial. Failures in investigating both incriminating and exonerating evidence can hinder the truth's establishment and compromise the accused's ability to prepare an effective defense. Additionally, challenges in evidence communication can further impede fair trial processes. While some failures may stem from the prosecutor's actions, ambiguities in the Rome Statute and its Rules of Procedure can lead to inconsistent interpretations that undermine its intended values. The prosecutor also faces pressures in the international context that affect his effectiveness, compounded by issues such as a lack of cooperation among states.

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• Année de publication: 2018