Prosecutorial Discretion at the International Criminal Court

ISBN-13: 9781509928682 / Angielski / Twarda / 2020 / 264 str.

Anni Pues

Spis treści

Introduction I. Outline of the Book 1. A Theoretical Framework for the Analysis of Prosecutorial Discretion at the ICC I. Introduction II. Understanding Prosecutorial Discretion in its Systemic Context III. Dimensions of Discretion IV. Prosecutorial Discretion against the Backdrop of Perceptions of Legitimacy V. Accountability Mechanisms for Prosecutorial Discretion VI. Concluding Remarks 2. Prosecutorial Discretion During Preliminary Examinations I. Introduction II. The Law and Practice of Preliminary Examinations III. Legal Limits through the Duty to Ensure Effective Investigation IV. Guiding Aims and Principles V. Accountability VI. Concluding Remarks 3. A Duty to Investigate? I. Introduction II. The Legal Framework for the Decision to Initiate an Investigation III. The Legal Boundaries of the Discretionary Scope for the Decision to Initiate an Investigation IV. Guiding Aims and Principles V. Accountability Mechanisms for the Decision to Investigate VI. Concluding Remarks 4. Case Selection I. Introduction II. The Legal Framework and the Current Practice of Case Selection III. Legal Limitations IV. Guiding Factors in the Case Selection Process V. Mechanisms of Accountability VI. Concluding Remarks 5. Plea Agreements I. Introduction II. The Legal Framework and the Admission of Guilt III. Limitations on Plea Agreements IV. Guiding Aims for Plea Agreements V. Accountability VI. Concluding Remarks 6. The Interests of Justice I. Introduction II. The Legal Framework, Policy and Practice III. The Limits of Discretion in the Interests of Justice IV. A Principled Exercise of Discretion: Peace, Fairness and Human Rights V. Accountability VI. Concluding Remarks 7. Discretion and Completion I. Introduction II. The Law and Practice III. Limits to Completion IV. Guiding Factors V. Accountability VI. Concluding Remarks