Le pouvoir discrétionnaire du Procureur de la Cour pénale internationale The prosecutor appears to be one of the key components of the judicial and institutional structure of the International Criminal Court. As such he has broad prosecutorial discretion in the selection of situations and cases on the one hand and in the collection and administration of evidence on the other. Firstly it is at the prosecutor’s discretion to select situations in which investigations will be carried out. Similarly once a case has been referred to him or when he has initiated an investigation in a situation in which it appears that crimes within the Court’s jurisdiction have been committed it is once again within the Prosecutor’s discretion to select the crimes and the individuals on which he intends to focus his investigation and prosecution. His choices in this regard are therefore liable to criticism. The prosecutor’s power in the selection of situations investigations and prosecution is not subject to sufficient scrutiny by the judges. This lack of judicial scrutiny of the prosecutor’s discretion leads to some unjustifiable failures.Secondly the ways in which evidence is collected and managed have to conform to rules that are clearly identified in the Rome Statute and which are intended to guarantee the rights of the accused and the preservation of a fair trial. The prosecutor’s failures namely when he does not investigate incriminating and exonerating circumstances equally can irremediably hamper the establishment of the truth. These failures which are not always the result of the prosecutor’s wilful choices can be an obstacle to the principle of equality of arms and can also compromise the accused’s capacity to properly prepare his defence. Furthermore in terms of the administration of evidence the difficulties encountered in communicating evidence may lead to similar consequences that will in any case prevent a fair trial.These failures can to some extent be attributed to the prosecutor. However one cannot ignore the fact that the Rome Statute and its Rules of Procedure and Evidence are equivocal on certain issues and as such can be interpreted in a way that is inconsistent with the aims and values encapsulated in the spirit of the Statute. In the same vein the prosecutor as an actor operating in an international context is subject to pressures that have an impact on the efficiency of his actions. In implementing these actions the prosecutor can also encounter some difficulties due to a variety of fa ...