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Presents a redrafted version from the public hearing held from 17 to 18 June 2003 in The Hague, revised based on consultation comments and internal input. Sets out why regulations are essential, outlines planned interim regulations, and describes expected adoption during the first semester of 2004. Includes an outline covering principles, goals, complementarity, global ICC scope, and organisation.",{"@graph":69,"@context":122},[70,84,105],{"@type":71,"itemListElement":72},"BreadcrumbList",[73,77,79,82],{"item":74,"name":75,"@type":76,"position":8},"https://docshare.wps.com","Home","ListItem",{"item":78,"name":9,"@type":76,"position":14},"https://docshare.wps.com/document/",{"item":80,"name":40,"@type":76,"position":81},"https://docshare.wps.com/document/research-report/",3,{"item":83,"name":65,"@type":76,"position":19},"https://docshare.wps.com/document/paper-on-some-policy-issues-before-the-office-of-the-prosecutor/637238/",{"url":83,"name":65,"@type":85,"image":86,"author":91,"headline":65,"publisher":94,"fileFormat":97,"inLanguage":63,"description":67,"dateModified":98,"datePublished":99,"encodingFormat":97,"isAccessibleForFree":100,"interactionStatistic":101},"DigitalDocument",{"url":87,"@type":88,"width":89,"height":90},"https://docshare.wps.com/thumbnails/paper-on-some-policy-issues-before-the-office-of-the-prosecutor/637238.png","ImageObject",300,407,{"name":92,"@type":93},"noah","Person",{"url":74,"name":95,"@type":96},"DocShare","Organization","application/pdf","2026-10-29","2026-10-22",true,{"@type":102,"interactionType":103,"userInteractionCount":8},"InteractionCounter",{"@type":104},"ViewAction",{"@type":106,"mainEntity":107},"FAQPage",[108,114,118],{"name":109,"@type":110,"acceptedAnswer":111},"What is the purpose of the policy paper?","Question",{"text":112,"@type":113},"It defines the Office of the Prosecutor’s general strategy, priority tasks, and an institutional framework to ensure proper exercise of its functions.","Answer",{"name":115,"@type":110,"acceptedAnswer":116},"Why does the Office consider regulations essential?",{"text":117,"@type":113},"Regulations are necessary to guarantee the Office’s independence and accountability. The Office plans to adopt interim regulations to guide decisions and practice while taking consultation comments into account.",{"name":119,"@type":110,"acceptedAnswer":120},"When will the Office initiate investigations, according to the document?",{"text":121,"@type":113},"Investigations are linked to whether there is a clear case of failure by the concerned State(s) to act. The Office must also consider practical realities such as security, available investigation means, witness protection, and whether international assistance will be available.","https://schema.org",{"og:url":83,"og:type":124,"og:title":65,"og:site_name":95,"og:description":67},"article",{"robots":126,"canonical":83},"index,follow",{"doc_id":128,"site_id":62},637238,1792680115,{"code":4,"msg":5,"data":131},{"doc_id":128,"user_id":132,"nickname":92,"user_avatar":133,"doc_module":4,"category_id":39,"category_name":40,"doc_title":65,"doc_description":67,"doc_content":134,"file_id":135,"file_url":136,"file_type":137,"file_size":138,"view_count":8,"is_deleted":4,"is_public":8,"is_downloadable":8,"audit_status":8,"page_count":44,"language":139,"language_code":63,"site_id":62,"html_lang":63,"table_of_contents":140,"faqs":141,"seo_title":142,"seo_description":67,"update_tm":129,"read_time":143},1099529839121,"https://ap-avatar.wpscdn.com/davatar_994ba38a5ba835b3df7d355c54d3ed8d","Paper on some policy issues before the Office of the Prosecutor  \nThis policy paper defines a general strategy for the Office of the Prosecutor, highlights the pri  \nority tasks to be performed and determines an institutional framework capable of ensuring the proper  \nexercise of its functions. This is a redrafted version of a paper discussed at the public hearing of the  \nOffice of the Prosecutor convened from 17 to 18 June 2003 at The Hague. It has been revised in the  \nlight of the comments made at the hearing and other comments; it also includes points made within  \nthe Office of the Prosecutor. Some comments made at the hearing are not reflected in this paper; they  \nneed further consideration and could be reflected in other papers or guidelines to be prepared by the  \nOffice. Many precise suggestions will be reflected in the revised Regulations.  \nThe Office of the Prosecutor considers that Regulations are essential to ensure its independence  \nand accountability. For this reason, it will adopt ad interim Regulations to guide the decisions and  \npractice of the Office, taking into consideration the comments received in the public hearings and  \nthroughout the consultation process. The Office considers that in the elaboration of the final Regula  \ntions, it will be indispensable to also take into account the views of the staff members that will be  \nrecruited and the experience gained by the Office in its first months of operations. The Office envis  \nages adopting these Regulations during the first semester of 2004.  \nOutline  \nI. General remarks and summary  \nII. Principles and goals  \n1. The complementary nature of the International Criminal Court  \n1.1. The principle of complementarity  \n1.2. What does complementarity imply for the Office of the Prosecutor?  \n2. The global nature of the International Criminal Court  \n2.1. Who should be prosecuted?  \n2.2. Dealing with the “impunity gap”  \n2.3. Modalities of investigation  \nIII. Organisation of the Office of the Prosecutor  \nI. General remarks and summary  \nFor a proper understanding of the functions of the Prosecutor of the International  \nCriminal Court, it is important to recall that the Prosecutor operates on a different basis  \nfrom national prosecution systems and within a very different environment. In principle, a  \nnational prosecutor acts within a State which has the monopoly of force in its territory. The  \nenforcement agencies of the State are subject to the rule of law and are at the disposal of the  \nnational prosecution system.  \nNeither of these two assumptions applies to the Prosecutor of the International Crimi  \nnal Court. Given the nature of the crimes within the jurisdiction of the Court, the Prosecutor  \n© ICC-OTP 2003. 1  \nPURL: [http://www.legal-tools.org/doc/f53870/](http://www.legal-tools.org/doc/f53870/)  \nmay be called upon to act in a situation of violence over which the State authorities have no  \ncontrol. His Office can be present in the country concerned only at great risk. The protection  \nof witnesses, gathering of evidence and arrest of suspects will be difficult if not impossible.  \nThe Prosecutor may also be asked to act in a situation where those who have the monopoly  \nof force in a State are the ones to commit the crimes. It goes without saying that in such a  \ncase the enforcement authorities in that State will not be at the Prosecutor’s disposal.  \nWhat does this mean for the work of the Office of the Prosecutor? It is clear in the first  \nplace that no investigation can be initiated without having careful regard to all circum  \nstances prevailing in the country or region concerned, including the nature and stage of the  \nconflict and any intervention by the international community. Furthermore, the Prosecutor  \nwill have to take into account the practical realities, including questions of security on the  \nground. It will also be necessary to consider whether there are available to the Prosecutor  \nthe necessary means of invest","cbCaidqSBekp43iB","https://ap.wps.com/l/cbCaidqSBekp43iB","pdf",258527,"English","# Outline\n## I. General remarks and summary\n## II. Principles and goals\n## III. Organisation of the Office of the Prosecutor","[{\"question\":\"What is the purpose of the policy paper?\",\"answer\":\"It defines the Office of the Prosecutor’s general strategy, priority tasks, and an institutional framework to ensure proper exercise of its functions.\"},{\"question\":\"Why does the Office consider regulations essential?\",\"answer\":\"Regulations are necessary to guarantee the Office’s independence and accountability. The Office plans to adopt interim regulations to guide decisions and practice while taking consultation comments into account.\"},{\"question\":\"When will the Office initiate investigations, according to the document?\",\"answer\":\"Investigations are linked to whether there is a clear case of failure by the concerned State(s) to act. The Office must also consider practical realities such as security, available investigation means, witness protection, and whether international assistance will be available.\"}]","Paper on some policy issues before the Office of the Prosecutor | PDF",23]