Prosecutorial Discretion in the International Criminal Court: Legitimacy and the Politics of Justice

This book explores the discretionary power of the International Criminal Court (ICC) prosecutor and its implications, arguing that it is essential to distinguish between the various usages of discretion and to consider extra-legal factors. It also discusses the relevance of political considerations in the decision-making process.

Format: Paperback / softback
Length: 244 pages
Publication date: 25 September 2023
Publisher: Taylor & Francis Ltd

This comprehensive book delves into the intricate realm of prosecutorial discretion within the International Criminal Court (ICC), offering a groundbreaking interdisciplinary exploration. It sheds light on the discretionary power vested in the ICC prosecutor and its broad scope, emphasizing the crucial distinction between its legal application and its impact when dealing with ambiguous legal thresholds. The author argues that this indeterminacy can inadvertently grant decision-makers excessive leeway, allowing them to consider extra-legal factors, potentially undermining the principles of justice. In contrast, prosecutorial discretion provides decision-makers with the ability to consider such factors, promoting a more holistic approach to justice. Furthermore, the book delves into the significance of political considerations within the decision-making process at the ICC. It suggests that there is no inherent conflict between the broader principles of justice outlined in the Statute and political factors, as both can be harmonized to achieve fair and just outcomes. This book is a valuable resource for students of international law, global governance, and international relations, providing a deep understanding of the complex dynamics and ethical implications surrounding prosecutorial discretion in the international arena.

Weight: 453g
Dimension: 234 x 156 (mm)
ISBN-13: 9780367776152