Home >
Law >
Criminal Law >
Situation Selection Regime at the International Criminal Court: Law, Policy, Practice

Situation Selection Regime at the International Criminal Court: Law, Policy, Practice

Author: Mohammad Zakerhossein
Publisher: Intersentia Publishers
ISBN: 9781780686189
Published In: December 2017
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 1,197.00

Download Order Form

Add to Wishlist
| Add to Compare

Description
Contents

Details

The International Criminal Court (the Court) in The Hague, in fulfilling its mandate to put an end to impunity for the perpetrators of the most serious international crimes of concern to the international community as a whole, is neither able nor intended to investigate all situations of crisis across the world. Selectivity is unavoidable for the operation of this international organization. However, the authority of the Prosecutor of the Court to select and prioritize a situation over other situations is not unfettered. This book studies the situation selection regime at the International Criminal Court. In doing so, it first clarifies the notion of situation under the constituent instrument of the Court, the Rome Statute. In addition to this conceptualization, through describing the situation selection process and criteria, the Court’s law, policies and practices in this regard are examined. Dealing with the misunderstanding of the Court’s selectivity, this book reads the situation selection regime from the lens of expressivism. This theory justifies the selectivity in the Court’s operation. The book is a resource for anyone who seeks more insight into the situation selection regime of the Court.

Introduction

Part One. Formulating the Concept of Situation in the Rome Statute Sense

Chapter I. Situation v. Case

Chapter II. Defining Elements of the Notion of a Situation

Part Two. Situation Selection Process

Chapter I. Trigger Mechanism

Chapter II. Identification Stage

Chapter III. Preliminary Examination

Chapter IV. Making a Decision on the Situation Selection

Part Three. Situation Selection Criteria

Chapter I. Jurisdiction

Chapter II. Admissibility