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Part III Prosecutorial Policy and Practice, 14 Investigative Management, Strategies, and Techniques of the ICC’s OTP

Susana SáCouto, Katherine Cleary Thompson

From: The Law and Practice of the International Criminal Court

Edited By: Carsten Stahn

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

Crimes against humanity — War crimes — International criminal law, conduct of proceedings — Evidence — Prosecution

In several ICC cases, such as Lubanga or Katanga and Ngudjolo, the OTP has been criticized for its investigative practices. This chapter examines some of the potentially problematic aspects of the OTP’s practices that have been identified by the judges of the Court and outside observers to date (e.g. gathering of evidence, use of intermediaries, vague charges). It argues that the OTP may in certain cases need to postpone moving forward with a case until more thorough investigations have been conducted. It offers some recommendations in relation to the size and composition of investigation teams and the evaluation of evidence that may improve the investigative process, helping to build a stronger OTP. It draws on comparisons to the practice of the UN ad hoc tribunals, in particular, experiences of the ICTY.

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