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

Substantive Limitations and Judicial Control.
1. Auflage 2023
ISBN: 978-3-428-58818-3
Verlag: Duncker & Humblot
Format: PDF
Kopierschutz: Adobe DRM (»Systemvoraussetzungen)

E-Book, Englisch, Band 52, 451 Seiten

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

This book investigates the discretionary powers of the Prosecutor of the International Criminal Court and the boundaries to his discretion. These boundaries come first of all from the reviewing powers of the Chambers, but also from the control exercised by other subjects, such as States, the UN Security Council and the Assembly of the States Parties to the Rome Statute. Although from concepts such as ›gravity‹ and ›interests of justice‹ it might be inferred that the Prosecutor benefits from broad discretion, an in-depth analysis of these concepts, in conjunction with an investigation on the judicial reviewing powers of the Chambers at the investigation stage and in the confirmation of the charges proceedings, suggest that the Prosecutor’s discretion should not be overestimated.

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.