国際刑事裁判所における起訴裁量：正当性と正義の政治学 Prosecutorial Discretion in the International Criminal Court : Legitimacy and the Politics of Justice (Contemporary Security Studies)

Rashid, Farid Mohammed

Routledge（2021/12発売）

• 製本 Hardcover:ハードカバー版／ページ数 244 p.
• 言語 ENG
• 商品コード 9780367776145
• DDC分類 345.05042

Full 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.

Contents

1. Introduction 2. The Concept of Discretion Between Law and Politics 3. Overview of the International Criminal Court 4. The Historical Development of International Criminal Tribunals and the Discretionary Power of The Prosecutor 5. Gravity between Prosecutorial and Legal Interpretive Discretion 6. In the Interests of Justice 7. Conclusion