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Frustrating Noble Intentions

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The Clash between ICC’s Deterrent Effects and the Prosecutor’s Policy of Focused Investigations on Perpetrators Situated at the Highest Echelons of Responsibility

image of International Community Law Review

Abstract This article will show that the International Criminal Court (ICC) prosecutorial strategy may hamper any deterrent effect created by the Court, by analyzing the flaws of the prosecutorial strategy as it relates to the ICC’s possibility of deterring future violations. The deterrence goal of the ICC and the Prosecutor’s “policy of focused investigations and prosecutions” on those “who bear the greatest responsibility” do not “constitute a harmonious whole; rather, they pull in different directions, diminishing each other’s power and creating tensions.”

Affiliations: 1: Albany Law School Albany, NY USA


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