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The Rome Statute of the International Criminal Court - A Commentary edited by Cassese, Antonio; Gaeta, Paola; Jones, John RWD (25th July 2002)

Volume II, s.6 International Criminal Proceedings, 29 Investigation, Ch.29.1 Powers and Duties of the Prosecutor

Giuliano Turone

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, 2015. All Rights Reserved.date: 06 December 2019

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,...
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