Rethinking the Prosecutor's Discretion at the International Criminal Court

Rethinking the Prosecutor's Discretion at the International Criminal Court
Author: Jacopo Governa
Publisher:
Total Pages: 0
Release: 2023-02-24
Genre:
ISBN: 9783428188185

The Prosecutor of the International Criminal Court is the first prosecutor of a permanent international criminal court and is responsible for investigating situations where international crimes appear having been committed and for prosecuting perpetrators of these crimes before the Court. The traditional contrast between those systems applying the principle of mandatory prosecution and those applying the discretionary principle, raised the question on the applicable model in the international criminal justice system. The traditional selectivity characterizing International Criminal Law, the limited resources, and the tendential use of procedural mechanisms familiar to common law systems before international criminal tribunals are some of the reasons leading scholars to attribute discretion to the Prosecutor of the International Criminal Court as well. The purpose of this book is to determine whether the Prosecutor effectively enjoys discretion and possibly to what extent. The statutory framework does not necessarily point towards a strong discretionary power of the Prosecutor, and practice reveals that the discretion granted to the Prosecutor in recent years seems sometimes to have jeopardized the effectiveness of his activities.

Prosecutorial Discretion at the International Criminal Court

Prosecutorial Discretion at the International Criminal Court
Author: Anni Pues
Publisher: Bloomsbury Publishing
Total Pages: 264
Release: 2020-07-09
Genre: Law
ISBN: 1509928693

This timely book provides a comprehensive guide to, and rigorous analysis of, prosecutorial discretion at the International Criminal Court. This is the first ever study that takes the reader through all the key stages of the Proscecutor's decision-making process. Starting from preliminary examinations and the decision to investigate, the book also explores case selection processes, plea agreements, culminating in the question of how to end engagement in specific country situations. The book serves as a guide to the Rome Statute through the lens of the Prosecutor's activities. With its unique combination of legal theory and specific policy analysis, it addresses broader questions that will be relevant to other international and hybrid criminal courts and tribunals. The book will be of interest to students, practitioners of law, academics, and the wider public concerned with international law, criminal justice and international relations.

Prosecutorial Discretion in the International Criminal Court

Prosecutorial Discretion in the International Criminal Court
Author: Farid Mohammed Rashid
Publisher: Routledge
Total Pages: 155
Release: 2021-12-15
Genre: Law
ISBN: 1000482448

This book provides the first scholarly investigation of prosecutorial discretion in the International Criminal Court (ICC) from an interdisciplinary perspective. This work analyses the discretionary power of the ICC prosecutor and its scope. It explains that there is a tendency to overlook the necessity of distinguishing between the various usages of discretion when exercised as a power authorised by the law and effect when applying indeterminate legal thresholds. The author argues that the latter indeterminacy may give decision makers an unwarranted opportunity to exercise a wide range of discretion, where extra-legal factors may be considered. In comparison, prosecutorial discretion allows decision makers to consider extra-legal considerations. This book also discusses the relevance of political considerations within the decision-making process in the context of the exercise of prosecutorial discretion. It suggests that there need not be a conflict between the broad sense of justice as outlined in the Statute and political factors in giving effect to decisions. This book will be of interest to students of international law, global governance and international relations.

Prosecutorial Discretion at the International Criminal Court

Prosecutorial Discretion at the International Criminal Court
Author: Anni Henriette Pues
Publisher:
Total Pages: 264
Release: 2020
Genre: Electronic books
ISBN: 9781509928712

A Theoretical Framework for the Analysis of Prosecutorial Discretion at the ICC -- Prosecutorial Discretion During Preliminary Examinations -- A Duty to Investigate? -- Case Selection -- Plea Agreements -- The Interests of Justice -- Discretion and Completion -- Conclusion.

The First Global Prosecutor

The First Global Prosecutor
Author: Martha Minow
Publisher: University of Michigan Press
Total Pages: 397
Release: 2015-04-15
Genre: Law
ISBN: 0472120867

The establishment of the International Criminal Court (ICC) gave rise to the first permanent Office of the Prosecutor (OTP), with independent powers of investigation and prosecution. Elected in 2003 for a nine-year term as the ICC’s first Prosecutor, Luis Moreno Ocampo established policies and practices for when and how to investigate, when to pursue prosecution, and how to obtain the cooperation of sovereign nations. He laid a foundation for the OTP’s involvement with the United Nations Security Council, state parties, nongovernmental organizations, victims, the accused, witnesses, and the media. This volume of essays presents the first sustained examination of this unique office and offers a rare look into international justice. The contributors, ranging from legal scholars to practitioners of international law, explore the spectrum of options available to the OTP, the particular choices Moreno Ocampo made, and issues ripe for consideration as his successor, Fatou B. Bensouda, assumes her duties. The beginning of Bensouda’s term thus offers the perfect opportunity to examine the first Prosecutor’s singular efforts to strengthen international justice, in all its facets.

Gravity at the International Criminal Court

Gravity at the International Criminal Court
Author: Priya Urs
Publisher: Oxford University Press
Total Pages: 225
Release: 2023-12-19
Genre: Law
ISBN: 0198882971

The gravity of a crime or case features in various international and national legal frameworks for the investigation and prosecution of international crimes. At the International Criminal Court (ICC), 'sufficient gravity' is a requirement for the admissibility of a case specified in Article 17(1)(d) of the Rome Statute. The open-textured nature of the provision leaves the manner of its application and, ultimately, its purpose in the context of the Prosecutor's decisions whether to investigate and prosecute, open to discussion. Set against the backdrop of ongoing debates on how to justify selective investigations and prosecutions at the Court, Gravity at the International Criminal Court: Admissibility and Prosecutorial Discretion addresses the question of how the gravity criterion is to be applied in the context of the Prosecutor's respective decisions whether to investigate and prosecute. It argues that the purpose of the gravity criterion in this context is the allocation of investigative and prosecutorial resources. First, identifying appropriate indicators of gravity, the book contends that the application of Article 17(1)(d) requires a subjective assessment that involves the exercise of discretion. Second, by clarifying the respective roles of the Prosecutor and the Pre-Trial Chambers of the Court in the assessment of gravity in different contexts, it argues in favour of wide prosecutorial discretion in the making of this assessment compared with the limited powers of judicial oversight conferred on the Pre-Trial Chamber. Timely and thorough, Gravity at the International Criminal Court proposes a more coherent and persuasive application of the criterion, contextualizing and comparing the ICC's approach in relation to other courts and bodies of law including international human rights law, international investment law, and international trade law.

The Prosecutor in Transnational Perspective

The Prosecutor in Transnational Perspective
Author: Erik Luna
Publisher: Oxford University Press
Total Pages: 490
Release: 2012-08-20
Genre: Law
ISBN: 0199939608

The American prosecutor plays a powerful role in the judicial system, wielding the authority to accept or decline a case, choose which crimes to allege, and decide the number of counts to charge. These choices, among others, are often made with little supervision or institutional oversight. This prosecutorial discretion has prompted scholars to look to the role of prosecutors in Europe for insight on how to reform the American system of justice. In The Prosecutor in Transnational Perspective, Erik Luna and Marianne Wade, through the works of their contributors coupled with their own analysis, demonstrate that valuable lessons can be learned from a transnational examination of prosecutorial authority. They examine both parallels and distinctions in the processes available to and decisions made by prosecutors in the United States and Europe. Ultimately, they demonstrate how the enhanced role of the prosecutor represents a crossroads for criminal justice with weighty legal and socio-economic consequences.

Policing County Lines

Policing County Lines
Author: Jack Spicer
Publisher: Springer Nature
Total Pages: 265
Release: 2020-10-30
Genre: Social Science
ISBN: 3030541932

The County Lines phenomenon has become one of the most significant drug market developments in the UK over recent years. This book analyses how it is being responded to by the police in affected provincial areas. Drawing on unique ethnographic fieldwork, it takes readers into police stations and out onto the streets with officers, providing timely insight into the policing of this high profile and challenging drug market context. The book considers the use of new police tactics that have been proposed and familiar methods that officers regularly embarked on. Through a sophisticated theoretical framework it argues that the policing of County Lines can often be considered ‘symbolic’, with concerns regularly placed on sending out strong messages that appear superficial when closely examined. Alongside this, however, there appears to be a progressive shift towards a more pragmatic drugs policing approach that embraces harm reduction principles.This cutting-edge research speaks to academics in Criminology and Policing, and to practitioners and policy makers.