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Putting the Prosecutor on a Clock? Responding to Variance in the Length of Preliminary Examinations

  • David Bosco (a1)
Extract

One of the unique challenges that the International Criminal Court's (ICC's) Office of the Prosecutor (OTP) faces is deciding when and where to launch investigations. It is a task that other international prosecutors have not confronted. Their investigative “situations” were selected in advance, leaving those prosecutors free to focus on the myriad other challenges any international justice enterprise faces. The ICC prosecutor's ability to define her own investigative situations (within the limits of jurisdiction) is both a boon and a burden. On the one hand, it accords the OTP the freedom to select the situations it deems most serious and worthy of international attention. Yet this discretion can also generate intense strain for the prosecutor of a still novel and fragile institution.

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution licence (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted re-use, distribution, and reproduction in any medium, provided the original work is properly cited.
References
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1 Rome Statute of the International Criminal Court art. 42(1), July 17, 1998, 2187 UNTS 3.

3 Int'l Criminal Court Office of the Prosecutor, Report on Preliminary Examination Activities (Dec. 13, 2011).

4 Int'l Criminal Court Office of the Prosecutor, Policy Paper on Preliminary Examinations (Nov. 2013).

5 Id.

10 Id. at 452.

12 Faisal Edroos, Rwanda's Paul Kagame Accuses the ICC of Bias Against Africa, Al Jazeera (Apr. 29, 2018).

14 Int'l Criminal Court Office of the Prosecutor, Paper on Some Policy Issues Before the Office of the Prosecutor 2 (Sept. 2003).

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  • ISSN: -
  • EISSN: 2398-7723
  • URL: /core/journals/american-journal-of-international-law
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