Brave new world: the role of the prosecutor of the International Criminal Court.

Schabas, William A. ORCID: https://orcid.org/0000-0002-7462-4284 (2008) Brave new world: the role of the prosecutor of the International Criminal Court. Friedens-Warte: Blaetter fuer internationale Verstaendigung und zwischenstaatliche Organisation, 83 (4) . pp. 11-31. ISSN 0340-0255 [Article]

Abstract

Compared to his predecessors at the Nuremberg Trials or the ad hoc tribunals, which were by the United Nations for the former Yugoslavia or Rwanda launched the Prosecutor of the International Criminal Court (ICC) a high degree of discretion in the selection of legal cases. The twelve warrants that he has obtained to date, the application to act on an arrest warrant against the president of Sudan and the public explanations for the decision, Iraq and Venezuela provide insights into the practice of the Prosecutor. He stresses the importance of the "gravity" to the crime - with a focus that is directed both to the leadership as well as the number of victims. But apart from the Sudan, he has turned more rebel groups as government representatives. This suggests that run the old criticism that international law amounts to a victor's justice, could still have rights. Despite the formal independence of the Prosecutor of the ICC political factors and considerations seem to have been eliminated from his actions.

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