فخري جعفر أحمد علي الحسيني


   The prosecuting Attorney, all over the countries of the world, is based on a wisdom which underlies the necessity of the existence of a number of formal officials who are capable of representing the social entity and working on behalf of them on everything that relates to the protection of their rights and of their defense against any Kind of violation they may encounter ; therefore, the representation of the attorney general of that social entity is regarded as a lawful representation according to the laws which organize the system of attorney general.

   The development of the human societies and the complexity of relations among the countries has led to considering some crimes as being internationally dangerous owing to the enormity of the acts that endanger the significant interests of the international community or the human and civilizational values, as well as of their being a clear violation of the human international law-which the members of the international community have found it necessary to stand against them in a way that does not allow them to commit such crimes or against those who stand behind them to escape punishment.

   It is noteworthy to mention that the interests of the international community which demand entire care and protection are evidently present during war time as well as in peace; because when the war erupts between two countries, there arises some sort of interest and this same interest appears in taking care of the conditions and obligations which have been organized through wartime laws and conventions and in the case of violating those obligations, the violating party will be regarded as having committed one of the war crimes.


   Whenever the crime occurs, there emerges the right of the country to impose sanctions against that who caused the crime to take place, but that country cannot impose the sanction directly, but it should resort to the Judiciary to assert its right of imposing punishment, and the means with which it can demand that punishment before the court, is called ” The Criminal Case”. Here, the attorney general is the main executive person who has been authorized by the State to take a direct procedure when the right of punishment is confirmed.

   The world has witnessed several attempts for establishing a criminal judicial system which bears an international nature for the sake of undertaking the issue of separating between the formerly mentioned crimes. These attempts culminated in the foundation of a number of international criminal courts since ( 1919) passing through the courts of Nuremburg, Tokyo, former Yugoslavia till the foundation of the Criminal Court of   Rwanda, in (1994) and these courts have been setting up by either the victorious countries in the war or by the International Security Council which have made, in addition to International Criminal Courts, Mixed International courts, and in (1998) after many efforts made by the International Community represented by the United Nations, and according to the principal Rome Conference, the International criminal courts have been established and its fundamental system has been executed in (1/7/2002) whose headquarter is in Lahai, Holland-which is the first international Criminal Court that was set up by the will of party states in an international organization.

   The prosecuting Attorney is one of the most significant systems which has been included in the (International criminal courts)which undertake the power of accusation and investigation in all cases approximately. But, these principal systems differed from one another in the manner of forming the Prosecuting Attorney and the extent of its qualifications, and the authorities awarded to him, some have enlarged his authorities whereas the others have restricted his authorities.