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Barasa, Bribery and Beyond: Offences against the Administration of Justice at the International Criminal Court

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Through the most recent proceedings initiated by the Prosecutor of the International Criminal Court (ICC) against Walter Barasa, the issue of proceedings for alleged offences against the administration of justice pursuant to Article 70 of the Rome Statute has gained relevance for both legal practice and in the academic field. The regime established by the article differs significantly from the one applicable to the ad-hoc tribunals as it shifts power from the Chamber to the Prosecution. This article aims at exploring the implications this changed legal framework has for the upcoming legal proceedings, taking into account in particular the rights of the accused and the risks of the OTP’s investigatory and prosecutorial monopoly. It will further explore the legal tools available to ICC judges in order to remedy these implications and discuss the possibilities for applying lessons learned.

Affiliations: 1: Associate, Law Firm Wessing & Partner, Düsseldorf, Germany; 2: Intern, Office of Public Counsel for the Defence at the International Criminal Court, The Hague, The Netherlands; 3: Student, University of Melbourne, Melbourne, Australia1


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