Prosecutorial Discretion At The International Criminal Court
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Prosecutorial Discretion At The International Criminal Court
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Author : Anni Pues
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-07-09
Prosecutorial Discretion At The International Criminal Court written by Anni Pues and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-07-09 with Law categories.
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.
The Exercise Of Prosecutorial Discretion At The International Criminal Court
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Author : Bertram Kloss
language : en
Publisher: Herbert Utz Verlag
Release Date : 2017-01-23
The Exercise Of Prosecutorial Discretion At The International Criminal Court written by Bertram Kloss and has been published by Herbert Utz Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-01-23 with Prosecution categories.
With the ICC’s unprecedented scope of jurisdiction and limited resources comes the need to select situations and cases that the Prosecutor wishes to pursue. As the Prosecutor selects her situations and cases, she constantly makes choices, aff orded to her by the statutory discretion she enjoys as a Prosecutor. The purpose of this study is to investigate three aspects of the Prosecutor’s discretion: What is the extent of the Prosecutor’s discretion in pursuing individual situations and cases? How much does the Prosecutor adhere to and further the objectives of the ICC in the exercise of her discretion? To what degree should the Prosecutor use policy considerations in selecting situations and cases to pursue?
Prosecutorial Discretion In The International Criminal Court
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Author : Farid Mohammed Rashid
language : en
Publisher: Routledge
Release Date : 2021-12-15
Prosecutorial Discretion In The International Criminal Court written by Farid Mohammed Rashid and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-15 with Law categories.
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
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Author : Anni Henriette Pues
language : en
Publisher:
Release Date : 2020
Prosecutorial Discretion At The International Criminal Court written by Anni Henriette Pues and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Electronic books categories.
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.
Gravity At The International Criminal Court
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Author : PRIYA. URS
language : en
Publisher: Oxford University Press
Release Date : 2024
Gravity At The International Criminal Court written by PRIYA. URS and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024 with categories.
Rethinking The Prosecutor S Discretion At The International Criminal Court
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Author : Jacopo Governa
language : en
Publisher:
Release Date : 2023-02-24
Rethinking The Prosecutor S Discretion At The International Criminal Court written by Jacopo Governa and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-02-24 with categories.
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.
The Emerging Practice Of The International Criminal Court
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Author : Carsten Stahn
language : en
Publisher: BRILL
Release Date : 2009
The Emerging Practice Of The International Criminal Court written by Carsten Stahn and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Political Science categories.
The International Criminal Court is at a crossroads. In 1998, the Court was still a fiction. A decade later, it has become operational and faces its first challenges as a judicial institution. This volume examines this transition. It analyses the first jurisprudence and policies of the Court. It provides a systematic survey of the emerging law and practice in four main areas: the relationship of the Court to domestic jurisdictions, prosecutorial policy and practice, the treatment of the Courta (TM)s applicable law and the shaping of its procedure. It revisits major themes, such as jurisdiction, complementarity, cooperation, prosecutorial discretion, modes of liability, pre-trial, trial and appeals procedure and the treatment of victims and witnesses, as well as their criticisms. It also explores some of challenges and potential avenues for future reform.
The Prosecutor In Transnational Perspective
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Author : Erik Luna
language : en
Publisher: Oxford University Press
Release Date : 2012-08-20
The Prosecutor In Transnational Perspective written by Erik Luna and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-08-20 with Law categories.
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.
The Relationship Between The International Criminal Court And National Jurisdictions
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Author : Jo Stigen
language : en
Publisher: BRILL
Release Date : 2008-07-25
The Relationship Between The International Criminal Court And National Jurisdictions written by Jo Stigen and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-07-25 with Law categories.
The principle of complementarity provides a framework as to when the Prosecutor of the ICC may and should interfere vis-à-vis national judicial systems. The principle acknowledges the primary right of states to prosecute while also recognising the need for international interference when states fail in this task. As formulated in the Rome Statute, however, it leaves complex questions unresolved. To mention a few: When is a national criminal proceeding really an attempt to shield the perpetrator? When can a national judicial system be characterised as unavailable? And when will an ICC prosecution serve the interests of justice? This book seeks to answer these and other related questions by interpreting the relevant provisions of the Rome Statute and discussing them in a broad context. The book also critically assesses policy considerations underlying the establishment of the ICC, including the implications of international criminal justice for achieving peace. It asks, inter alia, whether the ICC should set aside an amnesty which a national truth commission has granted in an attempt to achieve a peaceful transition from tyranny to democracy.
Complementarity In The Rome Statute And National Criminal Jurisdictions
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Author : Jann K. Kleffner
language : en
Publisher: Oxford University Press
Release Date : 2008-12-18
Complementarity In The Rome Statute And National Criminal Jurisdictions written by Jann K. Kleffner and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-12-18 with Law categories.
This book provides an in depth-examination of the principle of complementarity in the Rome Statute of the International Criminal Court and the implications of that principle for the suppression of genocide, crimes against humanity and war crimes on the domestic level. The book is set against the general background of the suppression of these crimes on the domestic level, its potential and pitfalls. It traces the evolution of complementarity and provides a critical and comprehensive analysis of the provisions in the Rome Statute and the Rules of Procedure and Evidence relevant to complementarity. In so doing, it addresses both substantive and procedural aspects of admissibility, while taking account of the early practice of the ICC. Further attention is devoted to the question whether and to what extent the Rome Statute imposes on States Parties an obligation to investigate and prosecute core crimes domestically. Finally, the book examines the potential of the complementary regime to function as a catalyst for States to conduct domestic criminal proceedings vis-à-vis core crimes.