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The Procedure of the ICC: Status and Function of the Prosecutor

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The purpose of this article is first to analyze the procedure of the Court as it emerges from the said legal bases, for lack of any Court practice at this point in time. The article will start by briefly looking at the organization of the Court. It will then focus on the fundamental policy choices that were made in setting up the Court’s procedure, before turning to presenting the resulting structure of the Court procedure and the position of the participants of the procedure. This will be put in the context of the procedures of the ad hoc Tribunals. The article concludes that this procedure ensures the legitimacy of the Court and also that of the UN Security Council and the States parties to the Rome Statute. The article will thus address two of the criticisms often levied against the ICC: that it actually is counter-productive to the objective of international human rights and humanitarian law enforcement for its chilling effect on states, in particular non parties to the Statute and for its presumed ineffectiveness.


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