Prosecutorial Discretion in the International Criminal Court: Legitimacy and the Politics of Justice

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Farid Mohammed Rashid

Prosecutorial Discretion in the International Criminal Court

Legitimacy and the Politics of Justice

Farid Mohammed Rashid

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English

Routledge
25 September 2023

Peace studies & conflict resolution; Social & political philosophy; Warfare & defence; Jurisprudence & general issues; International law

Series: Contemporary Security Studies

This book provides the first scholarly investigation of prosecutorial discretion in the International Criminal Court (ICC) from an interdisciplinary perspective.

This work analyses the discretionary power of the ICC prosecutor and its scope. It explains that there is a tendency to overlook the necessity of distinguishing between the various usages of discretion when exercised as a power authorised by the law and effect when applying indeterminate legal thresholds. The author argues that the latter indeterminacy may give decision makers an unwarranted opportunity to exercise a wide range of discretion, where extra-legal factors may be considered. In comparison, prosecutorial discretion allows decision makers to consider extra-legal considerations. This book also discusses the relevance of political considerations within the decision-making process in the context of the exercise of prosecutorial discretion. It suggests that there need not be a conflict between the broad sense of justice as outlined in the Statute and political factors in giving effect to decisions.

This book will be of interest to students of international law, global governance and international relations.

By: Farid Mohammed Rashid
Imprint: Routledge
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm,
Weight: 453g
ISBN: 9780367776152
ISBN 10: 0367776154
Series: Contemporary Security Studies
Pages: 244
Publication Date: 25 September 2023
Audience: College/higher education , Professional and scholarly , Primary , Undergraduate
Format: Paperback
Publisher's Status: Active

Farid Rashid is Lecturer in International Law at the University of East London, UK, and a member of the BHRE Group at the University of Greenwich, UK.