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Situation Selection Regime at the International Criminal Court: Law, Policy, Practice


ISBN13: 9781780686189
Published: December 2017
Publisher: Intersentia Publishers
Country of Publication: UK
Format: Paperback
Price: £90.00



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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.

Subjects:
International Criminal Law
Contents:
Introduction
Part One. Formulating the Concept of Situation in the Rome Statute Sense
Chapter I. Situation v. Case
Chapter II. Defining Elements of the Notion of a Situation
Part Two. Situation Selection Process
Chapter I. Trigger Mechanism
Chapter II. Identification Stage
Chapter III. Preliminary Examination
Chapter IV. Making a Decision on the Situation Selection
Part Three. Situation Selection Criteria
Chapter I. Jurisdiction
Chapter II. Admissibility
Chapter III. Interests of Justice
Part Four. Situation Selection in Light of Expressivism
Chapter I. Conceptualization of Expressivism in the Context of the ICC
Chapter II. Implications of Expressivism on the Situation Selection
Conclusion
Bibliography