Rethinking the Prosecutor’s Discretion at the International Criminal Court.

Substantive Limitations and Judicial Control.
1. Auflage 2023
ISBN: 978-3-428-18818-5
Verlag: Duncker & Humblot

Buch, Englisch, Band 52, 451 Seiten, Format (B × H): 157 mm x 233 mm, Gewicht: 665 g

Reihe: Beiträge zum Internationalen und Europäischen Strafrecht - Studies in International and European Criminal Law and Procedure

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.

Autoren/Hrsg.

Governa, Jacopo

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Strafrecht, Internationales Verfahrensrecht

Inhaltsverzeichnis

Introduction
1. Prosecutorial Discretion in National and International Criminal Law
The Concept of Discretion – The Prosecutor in National Legal Systems – The Prosecutor in International Criminal Law – Introduction to the Activity of the ICC Prosecutor
2. The Object of the ICC Prosecutor’s Assessment
The Reasonable Basis for the Initiation of an Investigation – The Jurisdiction – The Admissibility – The Interests of Justice
3. The Control over the Activity of the ICC Prosecutor
The Control from External Entities – Judicial Control under Article 53 of the Statute – Judicial Control under Article 58 of the Statute – Judicial Control under Article 61 of the Statute – Judicial Control throughout the Trial: The No Case to Answer Procedure
Conclusions
Abstracts in English, Italian, German
Bibliography, Subject Index

Über Autor(innen)

Jacopo Governa is currently Assistant Lawyer at the European Court of Human Rights. Previously, he was employed as Assistant Legal Officer at the Chambers of the International Criminal Court. He holds a Master’s Degree in Law from the University of Verona (Italy) and a PhD in International Criminal Law from the University of Verona, where he has been teaching assistant in the courses of criminal law and international criminal law, and the University of Göttingen (Germany). His research mainly focuses on Italian and European criminal law, transnational and international criminal law, international criminal courts, tribunals, and procedure, with particular regard to the role of prosecutorial discretion in international criminal trials.

Jacopo Governa is currently Assistant Lawyer at the European Court of Human Rights. Previously, he was employed as Assistant Legal Officer at the Chambers of the International Criminal Court. He holds a Master’s Degree in Law from the University of Verona (Italy) and a PhD in International Criminal Law from the University of Verona, where he has been teaching assistant in the courses of criminal law and international criminal law, and the University of Göttingen (Germany). His research mainly focuses on Italian and European criminal law, transnational and international criminal law, international criminal courts, tribunals, and procedure, with particular regard to the role of prosecutorial discretion in international criminal trials.