Download or read book Prosecutorial Discretion at the International Criminal Court written by Anni Pues and published by Bloomsbury Publishing. This book was released on 2020-07-09 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book GRAVITY AT THE INTERNATIONAL CRIMINAL COURT written by PRIYA. URS and published by Oxford University Press. This book was released on 2024 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Prosecutorial Discretion in the International Criminal Court written by Farid Mohammed Rashid and published by Routledge. This book was released on 2021-12-15 with total page 155 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Exercise of Prosecutorial Discretion at the International Criminal Court written by Bertram Kloss and published by Herbert Utz Verlag. This book was released on 2017-01-23 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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?
Download or read book Prosecutorial Discretion at the International Criminal Court written by Anni Henriette Pues and published by . This book was released on 2020 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Rethinking the Prosecutor s Discretion at the International Criminal Court written by Jacopo Governa and published by . This book was released on 2023-02-24 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Emerging Practice of the International Criminal Court written by Carsten Stahn and published by BRILL. This book was released on 2009 with total page 793 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Supervision of Prosecutorial Discretion at the International Criminal Court written by Rongrat Poomkacha and published by . This book was released on 2015 with total page 110 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Reflections on the Exercise of Prosecutorial Discretion in International Criminal Law written by Luc Côté and published by . This book was released on 2010 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper sheds some light on the exercise of prosecutorial discretion in international criminal law, particularly within the International Criminal Tribunal for Rwanda and the International Criminal Tribunal for the Former Yugoslavia. It argues that in international criminal law, the area where prosecutorial discretion becomes most politically sensitive concerns the power to select which individuals to prosecute, what rank of individual should be targeted for prosecution, and how many individuals to try before an international criminal tribunal. After briefly looking at the extent of the discretionary powers given to the international Prosecutor and, more importantly, at how they are exercised in practice, the author tries to identify the limits of these powers from three different angles: their legality in the light of the right to equality of treatment, the duty of impartiality of the Prosecutor and, finally, the legitimacy of the decisions to indict considering other efforts to negotiate peace. It concludes by identifying the new trends observed in international criminal law to limit prosecutorial discretion at the International Criminal Court, the Special Court for Sierra Leone and in the newly adopted completion strategy of the International Criminal Tribunal for Rwanda and the International Criminal Tribunal for the Former Yugoslavia.
Download or read book Examining the Exercise of Prosecutorial Discretion at the International Criminal Court written by Jacqueline Joan Bonisteel and published by . This book was released on 2010 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Prosecutor in Transnational Perspective written by Erik Luna and published by Oxford University Press. This book was released on 2012-08-20 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book A Critical Legal Analysis of Prosecutorial Discretion at the International Criminal Court written by Anni Henriette Pues and published by . This book was released on 2017 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Relationship Between the International Criminal Court and National Jurisdictions written by Jo Stigen and published by Martinus Nijhoff Publishers. This book was released on 2008 with total page 549 pages. Available in PDF, EPUB and Kindle. Book excerpt: The principle of complementarity provides a framework as to when the Prosecutor of the ICC may and should interfere "vis-a-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.
Download or read book The Accusation Model Before the International Criminal Court written by Hanna Kuczyńska and published by Springer. This book was released on 2015-05-07 with total page 421 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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?
Download or read book The ICC Prosecutor s Discretion Not to Proceed in the Interests of Justice written by Philippa Webb and published by . This book was released on 2015 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt: A decision to decline to proceed with a case raises difficult questions about the fair and wise use of prosecutorial powers. The difficulties are intensified at the international level where there are disparate cultures, various legal systems and numerous stakeholders to take into account. Decisions not to proceed are also more controversial when the case in question involves the most serious crimes known to humanity. This is the situation confronting the Prosecutor of the International Criminal Court (ICC). Since the ICC Statute was drafted in Rome in 1998, there has been much discussion about the powers of the Prosecutor. There have been descriptions of his role and broad examinations of his prosecutorial discretion.At the core of any notion of prosecutorial discretion lies the power to decide whether or not to investigate and prosecute, and, in the case of the ICC, at the heart of this decision is a "nebulous phrase" - the "interests of justice". As the court starts to try its first cases, this phrase must be given content in order to preempt criticism on the grounds of opaque and politicized decision-making. To this end, this article argues for a model of structured discretion, including transparent, ex ante criteria for interpreting the "interests of justice". These criteria would strengthen the legitimacy of the Prosecutor's decisions and build the credibility of the court.
Download or read book The Relationship between the International Criminal Court and National Jurisdictions written by Jo Stigen and published by BRILL. This book was released on 2008-09-30 with total page 548 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Prosecutorial Discretion written by Morten Bergsmo and published by Torkel Opsahl Academic EPublisher. This book was released on 2011-11-04 with total page 4 pages. Available in PDF, EPUB and Kindle. Book excerpt:
