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Prosecutorial Discretion at the International Criminal Court

Prosecutorial Discretion at the International Criminal Court

Name: Prosecutorial Discretion at the International Criminal Court
Brand: Hart Publishing
SKU: 9781509928682
Price: 1261.00 HKD
Availability: InStock
Author: Anni Pues
ISBN: 9781509928682

By Anni Pues

Hart Publishing July 2020

Specifications

ISBN-13: 9781509928682
Publisher: Hart Publishing
Publication: July 2020
Format: Paperback
Jurisdiction: International ? Countri(es) for reference only

Also available as

Paperback

Details

This timely book provides a comprehensive guide to, and rigorous analysis of, prosecutorial discretion at the International Criminal Court. This is the first ever study that takes the reader through all the key stages of the Proscecutor's decision-making process. Starting from preliminary examinations and the decision to investigate, the book also explores case selection processes, plea agreements, culminating in the question of how to end engagement in specific country situations. The book serves as a guide to the Rome Statute through the lens of the Prosecutor's activities. With its unique combination of legal theory and specific policy analysis, it addresses broader questions that will be relevant to other international and hybrid criminal courts and tribunals.

The book will be of interest to students, practitioners of law, academics, and the wider public concerned with international law, criminal justice and international relations.

Introduction

I. Outline of the Book

1. A Theoretical Framework for the Analysis of Prosecutorial Discretion at the ICC

I. Introduction

II. Understanding Prosecutorial Discretion in its Systemic Context

III. Dimensions of Discretion

IV. Prosecutorial Discretion against the Backdrop of Perceptions of Legitimacy

V. Accountability Mechanisms for Prosecutorial Discretion

VI. Concluding Remarks

2. Prosecutorial Discretion During Preliminary Examinations

I. Introduction

II. The Law and Practice of Preliminary Examinations

III. Legal Limits through the Duty to Ensure Effective Investigation

IV. Guiding Aims and Principles

V. Accountability

VI. Concluding Remarks

3. A Duty to Investigate?

I. Introduction

II. The Legal Framework for the Decision to Initiate an Investigation

III. The Legal Boundaries of the Discretionary Scope for the Decision to Initiate an Investigation

IV. Guiding Aims and Principles

V. Accountability Mechanisms for the Decision to Investigate

VI. Concluding Remarks

4. Case Selection

I. Introduction

II. The Legal Framework and the Current Practice of Case Selection

III. Legal Limitations

IV. Guiding Factors in the Case Selection Process

V. Mechanisms of Accountability

VI. Concluding Remarks

5. Plea Agreements

I. Introduction

II. The Legal Framework and the Admission of Guilt

III. Limitations on Plea Agreements

IV. Guiding Aims for Plea Agreements

V. Accountability

VI. Concluding Remarks

6. The Interests of Justice

I. Introduction

II. The Legal Framework, Policy and Practice

III. The Limits of Discretion in the Interests of Justice

IV. A Principled Exercise of Discretion: Peace, Fairness and Human Rights

V. Accountability

VI. Concluding Remarks

7. Discretion and Completion

I. Introduction

II. The Law and Practice

III. Limits to Completion

IV. Guiding Factors

V. Accountability

VI. Concluding Remarks

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Table of Contents

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