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The International Criminal Courts office of the prosecutor: Navigating between independence and accountability?

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Chapter Summary

This chapter provides a concise black letter law overview of the provisions which regulate the Office of the Prosecutor lex lata in both its composition and prescribed modes of functioning. Taking a distance from these more easily discernable provisions, it put things into a broader perspective. The chapter tackles the question which has haunted the Office of the Prosecutor even before it came into existence as a separate organ of the Court, notably whether the Prosecutors independence and power result in its being accountable to no one, creating the fear of a Pandoras box. Along the same lines, it assesses the issue of prosecutorial policy and discretion in the specific context of the Court. The chapter deals with the preliminary examinations, whereby the Prosecutor collects information in order to assess whether a case can be made to start an investigation into a situation.

Keywords: black letter law; Prosecutor



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