The Office of the Prosecutor (OTP) of the International Criminal Court (ICC) in September released its final Policy Paper on Case Selection and Prioritisation, which sets forth guidelines for how the OTP will exercise its prosecutorial discretion, namely how it will select and prioritize cases within any given situation country once an investigation has been opened. This policy addresses important questions relating to the work of the ICC: who’s prosecuted, when, why and on what basis? How would you assess this draft strategy of the OTP with respect to case selection and prioritization? Is this policy built for the short and/or long term? Will the policy articulated enable the OTP to make a more strategic use of its limited resources? Will it help achieve the greatest level of accountability at the ICC and in complementarity proceedings in national jurisdictions? Can it address some of the criticisms of the OTP’s case selection and prioritization to date? Is the policy comprehensive, and what suggestions, if any, do you have for how this policy paper can be enhanced?
Arguendo
A regular online roundtable where experts from different perspectives discuss a pressing issue in international criminal justice.
Note: Analysis and commentary in Arguendo represent the views of the authors. It has not been approved by the House of Delegates or the Board of Governors of the American Bar Association and, accordingly, should not be construed as representing the position of the Association or any of its entities.
