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The Selection Of Cases By The Office Of The Prosecutor Of The International Criminal Court

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Chapter Summary

The selection of cases for investigation and prosecution in the context of international crimes is a thorny issue that has haunted all criminal jurisdictions to date. The beneficial effects of criminal prosecutions for gross violations of international humanitarian law and human rights law which include providing great occasions for social deliberation and for collective examination of the moral values underlying public institutions, and perforating the dominant narratives created by the groups involved in the crimes and shattering the accompanying states of denial by which societies refuse to accept even the very existence of the crimes can be otherwise jeopardized. The Office of the Prosecutor (OTP) considers as relevant factors whether the crimes deliberately targeted civilians, vulnerable groups, or persons involved in a humanitarian assistance or peacekeeping mission, as well as crimes intended to obstruct justice and crimes committed with intent to spread terror.

Keywords: human rights law; International Criminal Court; international humanitarian law; Office of the Prosecutor (OTP)



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