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Volume I, s.3 Jurisdiction, 17 ‘Trigger Mechanisms’, Ch.17.3 Initiation of Proceedings by the Prosecutor

Philippe Kirsch, Darryl Robinson

From: The Rome Statute of the International Criminal Court

Edited By: Professor Antonio Cassese, Professor Paola Gaeta, Mr John R.W.D. Jones

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 29 November 2023

One of the more contentious issues throughout the ICC negotiations was whether there would be an additional trigger mechanism, independent of State Party referrals and Security Council referrals, allowing the Prosecutor to initiate proceedings ex officio (by virtue of his or her office). Supporters of this proposal saw it as essential for an independent and effective ICC, because States might be hesitant to refer objectively significant situations to the ICC for a variety of political or diplomatic reasons. Others saw this as an unnecessarily broad power which...
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