Gravity at the International Criminal Court: Admissibility and Prosecutorial Discretion

The gravity of a crime or case is a crucial factor in the investigation and prosecution of international crimes, as specified in Article 17(1)(d) of the Rome Statute. This book argues that the purpose of the gravity criterion is to allocate investigative and prosecutorial resources and proposes a more coherent and persuasive application of the criterion, contextualizing and comparing the ICC's approach to other courts and bodies of law.

Format: Hardback
Length: 224 pages
Publication date: 04 January 2024
Publisher: Oxford University Press

The gravity of a crime or case holds significant importance in various international and national legal frameworks for the investigation and prosecution of international crimes. At the International Criminal Court (ICC), the concept of sufficient gravity serves as a crucial requirement for the admissibility of a case, as stipulated in Article 17(1)(d) of the Rome Statute. However, the open-textured nature of this provision leaves room for interpretation and debate regarding its application and ultimate purpose in the context of the Prosecutor's decisions whether to initiate an investigation and proceed with prosecution.

In order to address this issue, Gravity at the International Criminal Court: Admissibility and Prosecutorial Discretion delves into the question of how the gravity criterion is to be applied in the realm of the Prosecutor's decisions. The book argues that the primary purpose of the gravity criterion in this context is to allocate investigative and prosecutorial resources effectively. To achieve this, the book identifies appropriate indicators of gravity that can be used to assess the severity and impact of a crime. It emphasizes that the application of Article 17(1)(d) necessitates a subjective assessment that involves the exercise of discretion by the Prosecutor.

Furthermore, the book clarifies the respective roles of the Prosecutor and the Pre-Trial Chambers of the Court in the assessment of gravity in different contexts. It advocates for broad prosecutorial discretion in making this assessment, as opposed to the limited powers of judicial oversight conferred on the Pre-Trial Chamber. By contextualizing and comparing the ICC's approach to other courts and bodies of law, including the International Court of Justice (ICJ) and the United Nations Security Council (UNSC), the book proposes a more coherent and persuasive application of the gravity criterion.

In conclusion, Gravity at the International Criminal Court provides valuable insights into the concept of sufficient gravity and its role in the investigation and prosecution of international crimes. By examining the application of the gravity criterion at the ICC, the book offers a comprehensive analysis of the issues surrounding selective investigations and prosecutions. It proposes a more coherent and persuasive approach to the assessment of gravity, while also recognizing the importance of balancing the interests of justice, efficiency, and the need for accountability.

Weight: 492g
Dimension: 240 x 160 x 15 (mm)
ISBN-13: 9780198882954