Situation Selection Regime at the International Criminal Court

The International Criminal Court is neither able nor intended to investigate all situations of crisis across the world. Selectivity is unavoidable for the operation of this international organization. However, the authority of the Prosecutor of the Court to select and prioritize a situation over other situations is not unfettered.


Author(s):
Mohammad Hadi Zakerhossein
Series:
Human Rights Research Series
Volume:
82
book | published | 1st edition
December 2017 | xiv + 440 pp.

Paperback
€95.-


ISBN 9781780686189


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Details

The International Criminal Court (the Court) in The Hague, in fulfilling its mandate to put an end to impunity for the perpetrators of the most serious international crimes of concern to the international community as a whole, is neither able nor intended to investigate all situations of crisis across the world. Selectivity is unavoidable for the operation of this international organization. However, the authority of the Prosecutor of the Court to select and prioritize a situation over other situations is not unfettered. This book studies the situation selection regime at the International Criminal Court. In doing so, it first clarifies the notion of situation under the constituent instrument of the Court, the Rome Statute. In addition to this conceptualization, through describing the situation selection process and criteria, the Court’s law, policies and practices in this regard are examined. Dealing with the misunderstanding of the Court’s selectivity, this book reads the situation selection regime from the lens of expressivism. This theory justifies the selectivity in the Court’s operation. The book is a resource for anyone who seeks more insight into the situation selection regime of the Court.


Chapters

Table of contents and preliminary pages (p. 0)

Introduction (p. 1)

Part One. Formulating the Concept of Situation in the Rome Statute Sense

Chapter I. Situation v. Case (p. 23)

Chapter II. Defining Elements of the Notion of a Situation (p. 37)

Part Two. Situation Selection Process

Chapter I. Trigger Mechanism (p. 53)

Chapter II. Identification Stage (p. 97)

Chapter III. Preliminary Examination (p. 111)

Chapter IV. Making a Decision on the Situation Selection (p. 131)

Part Three. Situation Selection Criteria

Chapter I. Jurisdiction (p. 161)

Chapter II. Admissibility (p. 201)

Chapter III. Interests of Justice (p. 333)

Part Four. Situation Selection in Light of Expressivism

Chapter I. Conceptualization of Expressivism in the Context of the ICC (p. 369)

Chapter II. Implications of Expressivism on the Situation Selection (p. 389)

Conclusion (p. 401)

Bibliography (p. 413)

About the series:

Human Rights Research Series

The Human Rights Research Series’ central research theme is the nature and meaning of international standards in the field of human rights, their application and promotion in the national legal order, their interplay with national standards, and the international supervision of such application. Anyone directly involved in the definition, study, implementation, monitoring, or enforcement of human rights will find this series an indispensable reference tool.

The Series is published together with the world famous Netherlands Network for Human Rights Research (formerly School of Human Rights Research), a joint effort by human rights researchers in the Netherlands.

Editorial Board of the Series: Prof. dr. J.E. Goldschmidt (Utrecht University), Prof. dr. D.A. Hellema (Utrecht University), Prof. dr. W.J.M. van Genugten (Tilburg University), Prof. dr. F. Coomans (Maastricht University), Prof. dr. P.A.M. Mevis (Erasmus University Rotterdam), Dr.J.-P. Loof (Leiden University) and Dr. O.M. Ribbelink (Asser Institute).

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