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Judicial Review Of Prosecutorial Discretion: Five Years On

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Chapter Summary

In domestic criminal proceedings, judicial review of prosecutorial discretion is an everyday reality. Discretion extends to various types of decisions, such as the decision whether or not to investigate or prosecute, the selection of charges, the timing of charges and the determination of the forum of adjudication. The Prosecutor has made significant efforts to enhance transparency and coherence through the adoption of regulations and the articulation of policy-guidelines. The rationale for defending prosecutorial discretion lies rather in the division of roles between judges and the Prosecutor in international criminal proceedings and the limits of judicial review. One may formally distinguish four models of accountability: political accountability, process-based checks and balances, (self-)regulation and judicial review. The drafters of the Statute have made significant efforts to strengthen the transparency and justification of prosecutorial decision-making in the context of the International Criminal Court (ICC).

Keywords: International Criminal Court (ICC); judicial review; prosecutorial discretion



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