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Peace, Security, And Prosecutorial Discretion

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Chapter Summary

The problem of prosecutorial discretion at the International Criminal Court (ICC) has received some critical attention, but the current scholarship has insufficiently addressed the theoretical problems raised by the prosecutors unique brand of discretion. The standard view in the literature recognizes wide prosecutorial discretion to the ICC Prosecutor. The best way to understand prosecutorial discretion at the ICC under Article 53 is to make certain elementary distinctions between prosecutorial discretion as per an entire investigation and prosecutorial discretion as per a particular prosecution. The distinction between the ICC as a criminal court and the ICC as a security court shows up in other areas of the courts operation, in addition to prosecutorial discretion. The important thing to understand is that the rationale for the courts work, is a matter of collective peace and security, which are matters that fall within the ambit of the Security Council.

Keywords: International Criminal Court (ICC); prosecutorial discretion; Security Council



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