The Indictment Function in International Criminal Law

The present survey delves into the complex issue of the indictment function within the International Criminal Court (ICC),a unique justice system that combines elements of both civil law and common law traditions. At the heart of this system is the role of the Prosecutor, a hybrid figure who not only operates within the framework of the principle of opportune penal action but also navigates the intricate international chessboard, engaging in diplomatic relations with states and international institutions.

Exploring the Structure of International Crimes

Chapters 3 and 4 of this study delve into the structure of international crimes within the tripartite system, revealing the transformative impact of international criminal law. Surprisingly, international criminal law introduces unexpected and unpredictable scenarios that compel us to reconsider traditional perspectives. It becomes apparent that simply satisfying the need for justice, the foundation of international criminal law, is not sufficient to establish a comprehensive crime system.

This examination reveals a fascinating interplay between typicality, anti-juridicality, and guilt within the complex international dimension. However, amidst this complexity, one certainty emerges: the contextual element varies depending on the type of international crime, distinguishing it from ordinary crime and highlighting the diminishing importance of Makrokriminalität.

A Dialectic of Universalism and Particularism

Chapter 5 focuses on the coexistence of universalism and particularism within the same historical period and juridical system. This internal dialectic highlights the necessary but fragile equilibrium between the two perspectives. It becomes evident that positive law, driven by historical context, tends to prioritize particularism, all while recognizing the broader significance of these categories, particularly within the realm of international criminal justice.

Authored by Dimitris Liakopoulos, a distinguished legal scholar and accomplished attorney, this survey serves as a comprehensive resource for understanding the intricacies of the indictment function in international criminal law. Liakopoulos brings his wealth of expertise as a Full Professor of European Union Law and International and European Criminal and Procedural Law to elucidate the complex nature of this subject. With his extensive academic and legal background, Liakopoulos provides valuable insights that contribute to the advancement and understanding of international criminal law.