Prosecutorial Discretion At The International Criminal Court

Author : Anni Pues
Publisher : Bloomsbury Publishing
Page : 224 pages
File Size : 41,9 Mb
Release : 2020-07-09
Category : Law
ISBN : 9781509928705

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Prosecutorial Discretion at the International Criminal Court by Anni Pues Pdf

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.

Author : Farid Mohammed Rashid
Publisher : Routledge
Page : 155 pages
File Size : 48,9 Mb
Release : 2021-12-15
Category : Law
ISBN : 9781000482447

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Prosecutorial Discretion in the International Criminal Court by Farid Mohammed Rashid Pdf

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.

Author : Bertram Kloss
Publisher : Herbert Utz Verlag
Page : 270 pages
File Size : 42,9 Mb
Release : 2017-01-23
Category : Prosecution
ISBN : 9783831646333

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The Exercise of Prosecutorial Discretion at the International Criminal Court by Bertram Kloss Pdf

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?

Author : Anni Henriette Pues
Publisher : Unknown
Page : 264 pages
File Size : 49,5 Mb
Release : 2020
Category : Electronic books
ISBN : 1509928715

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Prosecutorial Discretion at the International Criminal Court by Anni Henriette Pues Pdf

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.

Author : PRIYA. URS
Publisher : Oxford University Press
Page : 225 pages
File Size : 43,6 Mb
Release : 2024
Category : Electronic
ISBN : 9780198882954

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GRAVITY AT THE INTERNATIONAL CRIMINAL COURT by PRIYA. URS Pdf

Author : Jacopo Governa
Publisher : Unknown
Page : 0 pages
File Size : 43,5 Mb
Release : 2023-02-24
Category : Electronic
ISBN : 3428188187

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Rethinking the Prosecutor's Discretion at the International Criminal Court by Jacopo Governa Pdf

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.

Author : Carsten Stahn,Göran Sluiter
Publisher : BRILL
Page : 793 pages
File Size : 49,8 Mb
Release : 2009
Category : Political Science
ISBN : 9789004166554

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The Emerging Practice of the International Criminal Court by Carsten Stahn,Göran Sluiter Pdf

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.

Author : Erik Luna,Marianne Wade
Publisher : Oxford University Press
Page : 480 pages
File Size : 50,7 Mb
Release : 2012-08-20
Category : Law
ISBN : 9780199939602

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The Prosecutor in Transnational Perspective by Erik Luna,Marianne Wade Pdf

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.

Author : Luc Reydams,Jan Wouters,Cedric Ryngaert
Publisher : OUP Oxford
Page : 1032 pages
File Size : 40,6 Mb
Release : 2012-05-31
Category : Law
ISBN : 9780191637230

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International Prosecutors by Luc Reydams,Jan Wouters,Cedric Ryngaert Pdf

This volume examines the prosecution as an institution and a function in a dozen international and hybrid criminal tribunals, from Nuremberg to the International Criminal Court. It is the result of a sustained collaborative effort among some twenty scholars and (former) tribunal staffers. The starting point is that the prosecution shapes a tribunal's practice and legacy more than any other organ and that a systematic examination of international prosecutors is therefore warranted. The chapters are organized chronologically, according to the successive phases of the life of the institution and the various stages of the trials. The analysis includes each institution's establishment, mandate and jurisdiction, as well as the prosecutorial framework and strategy, the prosecutor's external relations and the completion of the institution's work. The book also considers the prosecutors' independence and impartiality, and their accountability for their decisions. The volume thus provides a comprehensive picture of the mandate, organization, and operation of the prosecution in international criminal trials. As the first comprehensive study of an international legal actor whose decisions have widespread political repercussions, this book will be essential reading for all with an interest in international criminal justice.

Author : Jo Stigen
Publisher : BRILL
Page : 548 pages
File Size : 54,5 Mb
Release : 2008-07-25
Category : Law
ISBN : 9789047431749

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The Relationship between the International Criminal Court and National Jurisdictions by Jo Stigen Pdf

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.

Author : Hanna Kuczyńska
Publisher : Springer
Page : 409 pages
File Size : 53,9 Mb
Release : 2015-05-07
Category : Law
ISBN : 9783319176260

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The Accusation Model Before the International Criminal Court by Hanna Kuczyńska Pdf

This book examines how the functioning of the International Criminal Court has become a forum of convergence between the common law and civil law criminal justice systems. Four countries were selected as primary examples of these two legal traditions: the United States, England and Wales, Germany and Poland. The first layer of analysis focuses on selected elements of the model of accusation that are crucial to the model adopted by the ICC. These are: development of the notion of the prosecutor’s independence in view of their ties to the countries and the Security Council; the nature and limits of the prosecutor’s discretional powers to initiate proceedings before the ICC; the reasons behind the prosecutor’s choice of both defendants and charges; the role the prosecutor plays in the procedure of disclosure of evidence and consensual termination of proceedings; and the determinants of the model of accusation used during trial and appeal proceedings. The second layer of the book consists in an analysis of the motives behind applying particular solutions to create the model of accusation before the ICC. It also shows how the model of accusation gradually evolved in proceedings before the military and ad hoc tribunals: ICTY and ICTR. Moreover, the question of compatibility of procedural institutions is addressed: In what ways does adopting a certain element of criminal procedure, e.g. discretional powers of the prosecutor to initiate criminal proceedings, influence the remaining procedural elements, e.g. the existence of the dossier of a case or the powers of a judge to change the legal classification of the criminal behavior appearing in the indictment?

Author : Jann K. Kleffner
Publisher : Oxford University Press
Page : 424 pages
File Size : 54,5 Mb
Release : 2008-12-18
Category : Law
ISBN : 9780199238453

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Complementarity in the Rome Statute and National Criminal Jurisdictions by Jann K. Kleffner Pdf

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.

Author : Morten Bergsmo
Publisher : Torkel Opsahl Academic EPublisher
Page : 4 pages
File Size : 51,5 Mb
Release : 2011-11-04
Category : Law
ISBN : 9788293081548

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Prosecutorial Discretion by Morten Bergsmo Pdf

Author : Larry May,Shannon Fyfe
Publisher : Cambridge University Press
Page : 225 pages
File Size : 52,6 Mb
Release : 2017-03-02
Category : Law
ISBN : 9781107128200

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International Criminal Tribunals by Larry May,Shannon Fyfe Pdf

Legitimacy -- Sovereignty -- Punishment -- Responsibility -- Economics -- Politics -- Evidence -- Fairness -- Concluding remarks

Author : Christopher Soler
Publisher : Springer Nature
Page : 695 pages
File Size : 43,5 Mb
Release : 2019-09-18
Category : Law
ISBN : 9789462653351

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The Global Prosecution of Core Crimes under International Law by Christopher Soler Pdf

This book deals with the prosecution of core crimes and constitutes the first comprehensive analysis of the horizontal and vertical systems of enforcement of international criminal law and of their inter-relationship. It provides a global jurisprudential exposition in assessing the grounds for refusal of surrender to the International Criminal Court and of extradition to another State. It also offers insights into legal perspectives which improve the prevailing enforcement regimes of various models of criminal justice, including hybrid criminal tribunals, special criminal courts, judicial panels and partnerships, and other budding sui generis judicial and/or prosecutorial institutions. The book espouses a human rights law-oriented critique to the enforcement of domestic, regional and international criminal justice and is aimed at legal practitioners (prosecutors, defence lawyers, magistrates and judges), jurists, criminal justice experts, penologists, legal researchers, human rights activists and law students. Christopher Soler lectures Maltese criminal law, international criminal law and public international law at the University of Malta. He obtained his Ph.D. from the University of Amsterdam in The Netherlands.