Volume I, s.3 Jurisdiction, 17 ‘Trigger Mechanisms’, Ch.17.3 Initiation of Proceedings by the Prosecutor
Philippe Kirsch, Darryl Robinson
Edited By: Professor Antonio Cassese, Professor Paola Gaeta, Mr John R.W.D. Jones
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...