Prosecutorial Discretion and Victims’ Rights at the International Criminal Court: Demarcating the Battle Lines

Forthcoming, Acta Juridica, 2016

13 Pages Posted: 30 Nov 2015

See all articles by Carla Ferstman

Carla Ferstman

University of Essex - School of Law

Date Written: September 29, 2015

Abstract

This Article considers the independence of the Prosecutor of the International Criminal Court. It focuses on what role can be played by the Pre-Trial Chamber, victims of crimes affected by the Prosecutor's investigations and others to press the Prosecution to act when it is reluctant to do so. I argue that the relevant Pre-Trial Chamber should be prepared to provide real oversight over the exercise of prosecutorial discretion; undue deference to the Prosecutor will not always be helpful to the attainment of justice for the worst crimes, nor to the eradication of impunity. I also argue that victims whose interests are affected should be accorded greater access to the Court to express their concerns, and that these views should necessarily be taken into greater account in decisions whether to proceed with an investigation or prosecution.

Suggested Citation

Ferstman, Carla, Prosecutorial Discretion and Victims’ Rights at the International Criminal Court: Demarcating the Battle Lines (September 29, 2015). Forthcoming, Acta Juridica, 2016. Available at SSRN: https://ssrn.com/abstract=2696645

Carla Ferstman (Contact Author)

University of Essex - School of Law ( email )

Colchester, Essex CO43SQ
United Kingdom

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