RT Article
T1 Prosecuting international crimes at the International Criminal Court: is there a coherent and comprehensive prosecution strategy?
JF Crime, law and social change
VO 59
IS 4
SP 415
OP 437
A1 Ambos, Kai 1965-
A1 Stegmiller, Ignaz
A2 Stegmiller, Ignaz
LA English
YR 2013
UL https://krimdok.uni-tuebingen.de/Record/1854251805
AB The authors analyze the so far published selection and strategy papers of the Office of the Prosecutor ("OTP") of the International Criminal Court ("ICC") with a view to their consistency, coherence and comprehensiveness. Given the high number of communications and referrals to the ICC a focused strategy setting out the criteria for situation and case selection and prioritization should be one of the priorities of the Prosecutor. Thus far the Office has developed a strategic framework guided by four fundamental principles: focused investigations, positive complementarity, the interests of the victims and the impact of the OTP’s work. These four principles are critically evaluated by the authors in light of the ICC Statute and existing case law. In particular the positive complementarity approach, focusing on the cooperation with national jurisdictions and enhancing their own capacity to prosecute, is to be welcomed and reflects a realistic prosecutorial policy approach. The cooperation between the OTP and Germany in the prosecution of the leadership of the FDLR is a good case in point. Only such a close interaction with national jurisdictions enables the ICC to contribute to the further closing of the impunity gap. Yet, the OTP must still more precisely define its position with regard to the criteria used for the selection of situations and cases. Thus, a priority for the new Prosecutor should be the drafting of a more precise and comprehensive strategy, integrating the already existing policy and strategy papers as well as drawing on lessons learned.
NO Literaturverzeichnis: Seite 434-437
K1 Arrest Warrant
K1 International Crime
K1 Preliminary Examination
K1 Rome Statute
K1 Security Council
DO 10.1007/s10611-012-9407-9