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11. The Prosecutorial Discretion

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Chapter Summary

This chapter first introduces some general aspects of the prosecutorial discretion under the Rome Statute. It then describes the prosecutorial discretion before other international and national jurisdictions. The chapter provides a general analysis of the term "interests of justice" as it appears in article 53. It discusses the specific factors listed in article 53 for the determination of the "interests of justice" criterion. The chapter presents and discusses some factors that are not listed in article 53 but still might be relevant to the "interests of justice" determination. It also discusses how the prosecutorial discretion can be judicially controlled under the Rome Statute and in light of the general principles of legality and equality before the law. Finally, the chapter elaborates on the need for a prosecutorial policy, transparency and guidelines.

Keywords: international jurisdictions; national jurisdictions; prosecutorial discretion; prosecutorial policy; prosecutorial transparency; Rome statute



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