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Part III Prosecutorial Policy and Practice, 15 The Selection of Situations and Cases by the OTP of the ICC

Fabricio Guariglia, Emeric Rogier

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, 2015. All Rights Reserved.date: 24 September 2020

Subject(s):
International crimes — International courts and tribunals, decisions — Gross violations — Prosecution

Selecting situations and cases is one of the key challenges of prosecutorial practice at the ICC and in domestic jurisdictions. This chapter places ICC policies in perspective. It examines prosecutorial strategy and criteria developed by the OTP to determine the choice of situations and cases. It discusses the process and outcome of preliminary examinations, the relevance of triggering mechanisms, and the criteria guiding the selection of cases (independence, impartiality, objectivity, and non-discrimination), including the relevance and treatment of gravity and prosecutorial inaction. It replies to criticisms which have been raised in legal and academic commentary with respect to the selection policy of the Office. It stresses that selection of cases is an evidence-driven process. It argues that the best way to counter unfounded attacks is to scrupulously apply the ICC Statute and to be transparent in its decision-making process.

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