From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 05 November 2024
- Subject(s):
- Prosecutors — Preliminary proceedings
Published under the direction of Hélène Ruiz Fabri, with the support of the Department of International Law and Dispute Resolution, under the auspices of the Max Planck Institute Luxembourg for Procedural Law.
1 ‘Discretion’ has been described as ‘the power to choose between two or more permissible courses of action’ (Danner, 2003, 518). The investigative and/or prosecuting entities in international and ‘mixed’ or ‘hybrid’ criminal tribunals function with a certain amount of discretion in how they investigate and prosecute crimes. This includes the exercise of discretion when selecting and prioritizing cases for investigation and prosecution. It also includes the discretion they exercise when deciding which precise steps to take when conducting such investigations and...
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