CEU Electronic Theses and Dissertations, 2023
| Author | Niranjana, Gowri |
|---|---|
| Title | Creation of the Modern Lore: How Prosecutorial Discretion at the ICC Creates an International Prosecutor and an International Criminal |
| Summary | The thesis examines how the exercise of prosecutorial discretion by the Office of the Prosecutor at the International Criminal Court creates a certain notion of the ‘International Prosecutor’ and the ‘International Criminal.’ For this purpose, the thesis will focus on the exercise of prosecutorial discretion in the pre-trial stages of preliminary examination and initiation of an investigation. It will look at various avenues of prosecutorial discretion – both procedurally and substantively. It will discuss the concerns regarding the selective nature of the OTP's decisions and the potential consequences of prioritizing certain cases over others. It emphasizes the importance of the OTP's decisions being unbiased and not arbitrary to maintain the court's legitimacy. It will then discuss the lack of coherent policy when it comes to the exercise of discretion and how it shapes the functioning of the ICC. Based on this, the thesis will delve into how the exercise of discretion shapes the notion of an ‘International Prosecutor’ and an ‘International Criminal,’ in the landscape of global justice. Concluding, the thesis will focus on the goals and strategies of the new ICC Prosecutor, Karim Khan, and his focus on efficiency, impact, and complementarity. It concludes by underscoring the importance of a structured and principled approach to the exercise of prosecutorial discretion. It also emphasizes the need for open policies and open reasons to foster trust and prevent the perception of bias. |
| Supervisor | Gasbarri, Lorenzo |
| Department | Legal Studies MA |
| Full text | https://www.etd.ceu.edu/2023/niranjana_gowri.pdf |
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