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Journal of International Criminal Justice 2005 3(1):145-161; doi:10.1093/jicj/3.1.145
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© Oxford University Press, 2005, All rights reserved. For permissions please email journals.permissions@oupjournals.org

Symposium

Prosecutorial Discretion and International Criminal Justice

Hassan B. Jallow1

1 Chief Prosecutor, International Criminal Tribunal for Rwanda (ICTR). The views here expressed do not reflect those of the ICTR or the UN.

Prosecutorial discretion is a key notion in all criminal justice systems. It also applies at international level; however, while at national level there is a well developed body of precedents or specific legislation that guides the Prosecutors in their activity, at the international level, the situation is radically different, since international criminal courts are of new creation and there are very few precedents to look at. Hence, the author identifies a variety of factors that influence international Prosecutors in the exercise of their discretionary powers to open investigations and/or bring charges. In particular, on the basis of the case law of the ad hoc Tribunals, he underscores that in international criminal justice, it is extremely important to take into account the relevant international instruments according to which the various courts have been established.


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