Volume II, s.6 International Criminal Proceedings, 29 Investigation, Ch.29.1 Powers and Duties of the Prosecutor
Edited By: Professor Antonio Cassese, Professor Paola Gaeta, Mr John R.W.D. Jones
Article 53 of the Statute governs the prosecutorial discretion which characterizes the Prosecutor’s activity regarding his/her decision on whether to initiate an investigation and whether to proceed with prosecution upon investigation. This discretionary power—a major power of the Prosecutor—is actually regulated in great detail by this provision. On the other hand, Article 54 of the Statute provides the Prosecutor with a number of specific and operative powers which are deemed necessary in order to fulfil the mandate of investigation and prosecution. Furthermore,...