The Interests of Justice under the ICC Prosecutor Power:udEscaping Forward

摘要

This paper examines the application of article 53 of the Statute of the InternationaludCriminal Court (ICC), which provides the prosecutor with the discretionary power to decline toudinvestigate or prosecute, if the ‘interests of justice’ would not be served. First, it will analyse theudscope of the concept of the ‘interests of justice’. Second, it will consider whether the prosecutorudshould take into consideration alternative justice mechanisms when making the decision. It willudfurther investigate whether ‘peace processes’ can be under the consideration of the prosecutorudwhen deciding on the ‘interests of justice’.udThis issue is part of my wider research project, which provides an analytical discussion ofudthe prosecutorial discretion of the prosecutor. It reflects on the approaches to the relationshipudbetween international law and politics advanced by Martti Koskenniemi. His theory aims to helpuddecision-makers to work objectively whenever a tension arises between concrete and normativeuddemands in international legal institution.