Prosecutorial Discretion in the International Criminal Court

Legitimacy and the Politics of Justice

By:

Farid Mohammed Rashid

Format:

Paperback / softback

Series:

Contemporary Security Studies

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Description

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.

Author Biography:

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.

Release date Australia

September 25th, 2023

Author

Farid Mohammed Rashid

Audiences

Professional & Vocational
Tertiary Education (US: College)

Illustrations

2 Tables, black and white

Pages

244

Series

Contemporary Security Studies

ISBN-13

9780367776152

Product ID

37860881

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