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- Title
Prosecutorial Discretion and International Criminal Justice.
- Authors
Jallow, Hassan B.
- Abstract
Prosecutorial discretion is a key notion in all criminal justice systems. It also applies at international level; however, while at national level there is a well developed body of precedents or specific legislation that guides the Prosecutors in their activity, at the international level, the situation is radically different, since international criminal courts are of new creation and there are very few precedents to look at. Hence, the author identifies a variety of factors that influence international Prosecutors in the exercise of their discretionary powers to open investigations and/or bring charges. In particular, on the basis of the case law of the ad hoc Tribunals, he underscores that in international criminal justice, it is extremely important to take into account the relevant international instruments according to which the various courts have been established.
- Subjects
DECISION making in prosecution; CRIMINAL justice system; INTERNATIONAL criminal courts; STATUTES; PROSECUTORS; AD hoc organizations; INTERNATIONAL law; JURISDICTION (International law); CRIMINAL procedure
- Publication
Journal of International Criminal Justice, 2005, Vol 3, Issue 1, p145
- ISSN
1478-1387
- Publication type
Article
- DOI
10.1093/jicj/3.1.145