ORCID Profile
0000-0001-9856-5795
Current Organisation
The Hague University of Applied Sciences
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Publisher: Brill
Date: 17-12-2015
DOI: 10.1163/15718123-01501004
Abstract: The International Criminal Court ( icc ) sits at the perfect crossroad of law and politics. As a primarily consent-based legal system, the icc is only effective to the extent that it has the political support from states who want to see it succeed in its mission to end impunity for the most serious crimes of concern to the international community. Despite this, the Prosecutor’s interpretation of the ‘interests of justice’ criterion limits the extent to which the Prosecutor can consider the political ramifications of their actions. This article argues that the Prosecutor has legal grounds to consider politics in their analysis of whether proceeding with an investigation or prosecution would not be in the ‘interests of justice’. This article also argues that soft power theory can be used to overcome arguments that politics should not be considered in the exercise of prosecutorial discretion, due to the consent-based nature of the icc regime.
Publisher: No publisher found
Date: 2021
Publisher: No publisher found
Date: 2021
Publisher: Edward Elgar Publishing
Date: 15-10-2020
Publisher: No publisher found
Publisher: Cambridge University Press (CUP)
Date: 18-02-2020
Publisher: No publisher found
Date: 2021
Location: Netherlands
No related grants have been discovered for Cale Davis.