The Triggering Procedure of the International Criminal Court, Procedural Treatment of the Principle of Complementarity, and the Role of Office of the Prosecutor

International Criminal Law Review 5(1):121-146

Posted: 9 May 2017  

Hector Olasolo

El Rosario University; Iberoamerican Institute of The Hague (IIH); The Hague University of Applied Sciences

Date Written: January 1, 2005

Abstract

This article addresses the most fundamental procedural issues arising from Arts. 13, 14, 15, 18 and 53(1), (2) and (4) of the ICC Statute (hereinafter “the Rome Statute” or “RS”). It first analyses the reasons why the proceedings provided for in those articles constitute, referred to in this article as “Triggering Procedure”, within the complex procedural system provided for in the ICC Statute, an autonomous procedure whose object, parties and proceedings are perfectly distinguishable from the object, parties and proceedings of the Criminal and Civil Procedures. Once the relationship between the Triggering Procedure and the Criminal and Civil Procedures is introduced, the article analyses the procedural treatment of the principle of complementarity in the different procedures provided for in the ICC Statute. Finally, the last part of the article brie fly addresses the key role of the Of fice of the Prosecutor in the Triggering Procedure, and the duties imposed upon the competent Chamber of the Court to control, propio motu or at the request of a party to the proceedings, that the Of fice of the Prosecutor is acting within the powers granted to it by the RS and fully respecting the substantive and procedural standards set out by the RS.

Keywords: International Criminal Law, Rome Statute, ICC Procedure, Complementarity

Suggested Citation

Olasolo, Hector, The Triggering Procedure of the International Criminal Court, Procedural Treatment of the Principle of Complementarity, and the Role of Office of the Prosecutor (January 1, 2005). International Criminal Law Review 5(1):121-146. Available at SSRN: https://ssrn.com/abstract=2962102

Hector Olasolo (Contact Author)

El Rosario University ( email )

Calle 12 No. 6-25
BOGOTA, DC
Colombia

HOME PAGE: http://urosario.academia.edu/HectorOlasolo

Iberoamerican Institute of The Hague (IIH) ( email )

Badhuiskade 5A
The Hague, 2686 EM
Netherlands
31 (0)645232170 (Phone)

HOME PAGE: http://www.iberoamericaninstituteofthehague.org

The Hague University of Applied Sciences ( email )

Stamkartplein 40
Hague
Netherlands

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