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Volumn 3, Issue 1, 2005, Pages 162-186

Reflections on the exercise of prosecutorial discretion in international criminal law

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EID: 26444488180     PISSN: 14781387     EISSN: 14781395     Source Type: Journal    
DOI: 10.1093/jicj/3.1.162     Document Type: Review
Times cited : (65)

References (125)
  • 1
    • 26444526222 scopus 로고    scopus 로고
    • 'Prosecutorial Discretion Before National Courts and International Tribunals'
    • See
    • See D. D. Ntanda Nsereko, 'Prosecutorial Discretion Before National Courts and International Tribunals', 3 JICJ (2005) 124-144
    • (2005) JICJ , vol.3 , pp. 124-144
    • Ntanda Nsereko, D.D.1
  • 2
    • 13144254367 scopus 로고    scopus 로고
    • 'Prosecutorial Discretion within the International Criminal Court'
    • M. R. Brubacher, 'Prosecutorial Discretion within the International Criminal Court', 2 JICJ (2004) 71-95
    • (2004) JICJ , vol.2 , pp. 71-95
    • Brubacher, M.R.1
  • 3
    • 0142169499 scopus 로고    scopus 로고
    • 'Enhancing the Legitimacy and Accountability of Prosecutorial Discretion at the International Criminal Court'
    • A. Marston Danner, 'Enhancing the Legitimacy and Accountability of Prosecutorial Discretion at the International Criminal Court', 97 American Journal of International Law (AJIL) (2003) 510.
    • (2003) American Journal of International Law (AJIL) , vol.97 , pp. 510
    • Marston Danner, A.1
  • 4
    • 23844549775 scopus 로고    scopus 로고
    • 'The ability of the ICC Prosecutor to initiate investigations proprio motu was the most controversial aspect of the Court's trigger mechanism and was one of the main political/legal issues that had to be resolved before the Statute could be assured of adoption. Both opponents and proponents of the Prosecutor's proprio motu powers
    • O. Triffterer (ed), (Baden-Baden: Nomos Verlagsgesellschaft
    • 'The ability of the ICC Prosecutor to initiate investigations proprio motu was the most controversial aspect of the Court's trigger mechanism and was one of the main political/legal issues that had to be resolved before the Statute could be assured of adoption. Both opponents and proponents of the Prosecutor's proprio motu powers - and the chasm was very wide - agreed that their inclusion or absence would fundamentally affect the Court's structure and functioning', Bergsmo and Pejic, in O. Triffterer (ed), Commentary on the Rome Statute of the International Criminal Court (Baden-Baden: Nomos Verlagsgesellschaft, 1999), 360.
    • (1999) Commentary on the Rome Statute of the International Criminal Court , pp. 360
    • Bergsmo1    Pejic2
  • 5
    • 27244439295 scopus 로고    scopus 로고
    • 'Let me state unequivocally at the outset that there is more to fear from an impotent than from an overreaching Prosecutor. It is trite to recognise that an institution should not be constructed on the assumption that it will be run by incompetent people, acting in bad faith for improper purposes' Statement by Justice Louise Arbour to the Preparatory Committee on the Establishment of an International Criminal Court: 8 December 1997
    • 'Let me state unequivocally at the outset that there is more to fear from an impotent than from an overreaching Prosecutor. It is trite to recognise that an institution should not be constructed on the assumption that it will be run by incompetent people, acting in bad faith for improper purposes', Statement by Justice Louise Arbour to the Preparatory Committee on the Establishment of an International Criminal Court: 8 December 1997, ICTY Yearbook 1997, 229.
    • (1997) ICTY Yearbook , pp. 229
  • 6
    • 0011314632 scopus 로고    scopus 로고
    • 'The International Criminal Court: 16 fundamental principles for a just, fair and effective international criminal court'
    • Amnesty International, 1 May doc: IOR 40/012/1998. Also: 'The most important way to ensure that the prosecutor will be independent is to provide that the prosecutor has the power on his or her own initiative to initiate investigations and seek the approval of the appropriate judicial chamber of the court to begin a prosecution, without interference by any political body'., Amnesty International, The International Criminal Court: Making the Right Choices - Part II, 9, IOR 40/01/97
    • Amnesty International, 'The International Criminal Court: 16 fundamental principles for a just, fair and effective international criminal court', 1 May 1998, doc: IOR 40/012/1998. Also: 'The most important way to ensure that the prosecutor will be independent is to provide that the prosecutor has the power on his or her own initiative to initiate investigations and seek the approval of the appropriate judicial chamber of the court to begin a prosecution, without interference by any political body'., Amnesty International, The International Criminal Court: Making the Right Choices - Part II, 9, IOR 40/01/97.
    • (1998)
  • 7
    • 26444526222 scopus 로고    scopus 로고
    • 'Prosecutorial Discretion Before National Courts and International Tribunals'
    • 'Although participants in the Preparatory Committees came from diverse legal backgrounds and with an even greater variety of specific interests, their approaches generally fell into one of two main categories: liberalists and realists', Brubacher, supra note 1, at
    • 'Although participants in the Preparatory Committees came from diverse legal backgrounds and with an even greater variety of specific interests, their approaches generally fell into one of two main categories: Liberalists and realists', Brubacher, supra note 1, at 72.
    • (2005) JICJ , vol.3 , pp. 72
    • Brubacher, M.R.1
  • 8
    • 0004213898 scopus 로고
    • (Cambridge, MA: Harvard University Press)
    • R. Dworkin, Taking Rights Seriously (Cambridge, MA: Harvard University Press, 1977), 31.
    • (1977) Taking Rights Seriously , pp. 31
    • Dworkin, R.1
  • 11
    • 26444526222 scopus 로고    scopus 로고
    • 'Prosecutorial Discretion Before National Courts and International Tribunals'
    • See Nsereko, supra note 1, at 124.
    • (2005) JICJ , vol.3 , pp. 124
    • Ntanda Nsereko, D.D.1
  • 12
    • 26444526222 scopus 로고    scopus 로고
    • 'Prosecutorial Discretion Before National Courts and International Tribunals'
    • 'Public interest is that which conduces to the general welfare of the community as a whole. Public interest, more than anything else, is the most important consideration that the prosecutor must take into account in deciding whether to prosecute or not to prosecute.... The prosecutor must evaluate both the short-term and long-term effects on the public interest of a decision to prosecute or not to prosecute. In doing so the prosecutor must undertake a balancing exercise between the various competing interests. Such an exercise is difficult and requires great wisdom'., Nsereko section on Public Interest
    • 'Public interest is that which conduces to the general welfare of the community as a whole. Public interest, more than anything else, is the most important consideration that the prosecutor must take into account in deciding whether to prosecute or not to prosecute.... The prosecutor must evaluate both the short-term and long-term effects on the public interest of a decision to prosecute or not to prosecute. In doing so the prosecutor must undertake a balancing exercise between the various competing interests. Such an exercise is difficult and requires great wisdom'., Nsereko supra note 1, section on Public Interest.
    • (2005) JICJ , vol.3 , pp. 124-144
  • 13
    • 13144254367 scopus 로고    scopus 로고
    • 'Prosecutorial Discretion Before National Courts and International Tribunals'
    • See section on International Public Policy Considerations, at
    • See Brubacher, supra note 1, section on International Public Policy Considerations, at 80-85.
    • (2004) JICJ , vol.2 , pp. 80-85
    • Brubacher, M.R.1
  • 14
    • 26444526222 scopus 로고    scopus 로고
    • 'Prosecutorial Discretion Before National Courts and International Tribunals'
    • See
    • See supra note 1.
    • (2005) JICJ , vol.3 , pp. 124-144
    • Ntanda Nsereko, D.D.1
  • 15
    • 27244443827 scopus 로고    scopus 로고
    • See the 'Agreement between the United Nations and the Government of Sierra Leone on the Establishment of a Special Court for Sierra Leone', signed on 16 January 2002 in Freetown, Sierra Leone, available online at (visited January)
    • See the 'Agreement between the United Nations and the Government of Sierra Leone on the Establishment of a Special Court for Sierra Leone', signed on 16 January 2002 in Freetown, Sierra Leone, available online at http://www.sc-sl.org/scsl-agreement.html (visited January 2005).
    • (2005)
  • 16
    • 26444526222 scopus 로고    scopus 로고
    • 'Prosecutorial Discretion Before National Courts and International Tribunals'
    • 'Discretion entails both risks and benefits. By promoting case-sensitive decision making, it can protect liberty, but it can also lead to unjustified discrimination.... Discretion also forces prosecutors to make decisions that cumulatively affect the criminal justice system as a whole', Danner, at
    • 'Discretion entails both risks and benefits. By promoting case-sensitive decision making, it can protect liberty, but it can also lead to unjustified discrimination.... Discretion also forces prosecutors to make decisions that cumulatively affect the criminal justice system as a whole', Danner, supra note 1, at 518.
    • (2005) JICJ , vol.3 , pp. 518
    • Ntanda Nsereko, D.D.1
  • 17
    • 84937294369 scopus 로고
    • 'Le Tribunal des tragédies'
    • See (Spring), comments recorded by Florence Hartmann
    • See R. Goldstone, 'Le Tribunal des tragédies', 67 Politique Internationale (Spring, 1995) 291, comments recorded by Florence Hartmann.
    • (1995) Politique Internationale , vol.67 , pp. 291
    • Goldstone, R.1
  • 18
    • 26444526222 scopus 로고    scopus 로고
    • 'Prosecutorial Discretion Before National Courts and International Tribunals'
    • See at
    • See Nsereko, supra note 1, at 127.
    • (2005) JICJ , vol.3 , pp. 127
    • Ntanda Nsereko, D.D.1
  • 19
    • 27244452693 scopus 로고    scopus 로고
    • Article 18(1) ICTYSt. and Art. 17(1) ICTRSt.: 'The Prosecutor shall initiate investigations ex-officio or on the basis of information obtained from any source, particularly from Governments, United Nations organs, intergovernmental and non-governmental organisations. The Prosecutor shall assess the information received or obtained and decide whether there is sufficient basis to proceed'
    • Article 18(1) ICTYSt. and Art. 17(1) ICTRSt.: 'The Prosecutor shall initiate investigations ex-officio or on the basis of information obtained from any source, particularly from Governments, United Nations organs, intergovernmental and non-governmental organisations. The Prosecutor shall assess the information received or obtained and decide whether there is sufficient basis to proceed'.
  • 20
    • 26444526222 scopus 로고    scopus 로고
    • 'Prosecutorial Discretion Before National Courts and International Tribunals'
    • at concluded that the peremptory language used in Art. 18(4) ICTYSt. and Art. 17(4) ICTRSt. ('shall prepare an indictment') suggests a duty and not a discretion on the part of the Prosecutors to indict
    • Nsereko, supra note 1, at 136 concluded that the peremptory language used in Art. 18(4) ICTYSt. and Art. 17(4) ICTRSt. ('shall prepare an indictment') suggests a duty and not a discretion on the part of the Prosecutors to indict.
    • (2005) JICJ , vol.3 , pp. 136
    • Ntanda Nsereko, D.D.1
  • 21
    • 27244440926 scopus 로고    scopus 로고
    • See Delalić Mucić, Delić, Landžo (hereinafter 'Čelebići Case') (IT-96-21-A), Appeal Chamber, 20 February 'In the present context, indeed in many criminal justice systems, the entity responsible for prosecutions has finite financial and human resources and cannot realistically be expected to prosecute every offender which may fall within the strict terms of its jurisdiction. It must of necessity make decisions as to the nature of the crimes and the offenders to be prosecuted. It is beyond question that the Prosecutor has a broad discretion in relation to the initiation of investigations and in the preparation of indictments'
    • See Delalić, Mucić, Delić and Landžo (hereinafter 'Čelebići case') (IT-96-21-A), Appeal Chamber, 20 February 2001, 6§02: 'In the present context, indeed in many criminal justice systems, the entity responsible for prosecutions has finite financial and human resources and cannot realistically be expected to prosecute every offender which may fall within the strict terms of its jurisdiction. It must of necessity make decisions as to the nature of the crimes and the offenders to be prosecuted. It is beyond question that the Prosecutor has a broad discretion in relation to the initiation of investigations and in the preparation of indictments'.
    • (2001) , pp. 602
  • 22
    • 27244456263 scopus 로고    scopus 로고
    • Article 15 ICTRSt. and Art. 16 ICTYSt
    • Article 15 ICTRSt. and Art. 16 ICTYSt.
  • 23
    • 27244439901 scopus 로고    scopus 로고
    • (New York: Transnational Publishers) 'The successful outcome of the work of the Yugoslavia Tribunal is in many respects dependent upon the judgement and the experience of a single individual - the Prosecutor'
    • V. Morris and M. Scharf, The International Criminal Tribunal for Rwanda, Vols 1 and 2 (New York: Transnational Publishers, 1998), 381: 'The successful outcome of the work of the Yugoslavia Tribunal is in many respects dependent upon the judgement and the experience of a single individual - the Prosecutor'.
    • (1998) The International Criminal Tribunal for Rwanda , vol.1-2 , pp. 381
    • Morris, V.1    Scharf, M.2
  • 24
    • 13144254367 scopus 로고    scopus 로고
    • 'Prosecutorial Discretion within the International Criminal Court'
    • '...as international criminal courts and tribunals have historically been established in the wake of widespread armed conflict, these courts have jurisdiction over, potentially, thousands of cases. This makes the trial of every potential offence a practical impossibility and prosecutors must, as a matter of necessity, be extremely selective in deciding which cases to investigate in order not to overload the system'.; see supra note 1, at
    • '...as international criminal courts and tribunals have historically been established in the wake of widespread armed conflict, these courts have jurisdiction over, potentially, thousands of cases. This makes the trial of every potential offence a practical impossibility and prosecutors must, as a matter of necessity, be extremely selective in deciding which cases to investigate in order not to overload the system'.; see Brubacher, supra note 1, at 75.
    • (2004) JICJ , vol.2 , pp. 75
    • Brubacher, M.R.1
  • 25
    • 9144222804 scopus 로고    scopus 로고
    • 'Progress and Challenges in International Criminal Justice'
    • L. Arbour, 'Progress and Challenges in International Criminal Justice', 21 Fordham International Law Journal (1997) 531.
    • (1997) Fordham International Law Journal , vol.21 , pp. 531
    • Arbour, L.1
  • 26
    • 27244437000 scopus 로고    scopus 로고
    • Čelebići case, at See Delalić Mucić, Delić, Landžo (hereinafter 'Čelebići Case') (IT-96-21-A), Appeal Chamber, 20 February 'In the present context, indeed in many criminal the entity responsible for prosecutions has finite financial and human resources and cannot realistically be expected to prosecute every offender which may fall within the strict terms of its jurisdiction. It must of necessity make decisions as to the nature of the crimes and the offenders to be prosecuted. It is beyond question that the Prosecutor has a broad discretion in relation to the initiation of investigations and in the preparation of indictments'
    • Čelebići case, supra note 18, at §602.
    • (2001) , pp. 602
  • 27
    • 27244442799 scopus 로고    scopus 로고
    • See Delalić Mucić Delić Landžo (hereinafter 'Čelebići case') (IT-96-21-A), Appeal Chamber 20 February: 'In the present context, indeed in many criminal justice systems, the entity responsible for prosecutions has finite financial and human resources and cannot realistically be expected to prosecute every offender which may fall within the strict terms of its jurisdiction. It must of necessity make decisions as to the nature of the crimes and the offenders to be prosecuted. It is beyond question that the Prosecutor has a broad discretion in relation to the initiation of investigations and in the preparation of indictments'. see also Decision on the Extremely Urgent Motion by the Defence for Orders to Review and/or Nullify the Arrest and Provisional Detention of the Suspect, Barayagwiza (ICTR-97-19-I), Trial Chamber II, 17 November 1998, p. 6: 'The Prosecutor may exercise her valid discretion regarding persons against whom she wishes to proceed'
    • Ibid.
    • (2001) , pp. 602
  • 28
    • 27244440042 scopus 로고    scopus 로고
    • see also Decision on the Extremely Urgent Motion by the Defence for Orders to Review and/or Nullify the Arrest and Provisional Detention of the Suspect, Barayagwiza (ICTR-97-19-I), Trial Chamber II, 17 November 'The Prosecutor may exercise her valid discretion regarding persons against whom she wishes to proceed'
    • see also Decision on the Extremely Urgent Motion by the Defence for Orders to Review and/or Nullify the Arrest and Provisional Detention of the Suspect, Barayagwiza (ICTR-97-19-I), Trial Chamber II, 17 November 1998, p. 6: 'The Prosecutor may exercise her valid discretion regarding persons against whom she wishes to proceed'.
    • (1998) , pp. 6
  • 29
    • 27244456261 scopus 로고    scopus 로고
    • Preliminary Decision, Čelebići (IT-96-19-I) Trial Chamber II, 30 September 'The trial Chamber: FINDS that the Rules contemplate that, before issuing a request for deferral, the Trial Chamber must be "seized of a proposal" to do so by the Prosecutor; FINDS further that an order requiring the Prosecution to submit to the Trial Chamber a proposal for deferral is inappropriate and not within the authority of the Trial Chamber'
    • Preliminary Decision, Čelebići (IT-96-19-I) Trial Chamber II, 30 September 1996, p. 2: 'The trial Chamber: FINDS that the Rules contemplate that, before issuing a request for deferral, the Trial Chamber must be "seized of a proposal" to do so by the Prosecutor; FINDS further that an order requiring the Prosecution to submit to the Trial Chamber a proposal for deferral is inappropriate and not within the authority of the Trial Chamber'.
    • (1996) , pp. 2
  • 30
    • 27244440043 scopus 로고    scopus 로고
    • Decision on the Prosecutor's Motion to Withdraw the Indictment, Ntuyahaga (ICTR-98-40-T), Trial Chamber 1, 18 March '... she has the right, at any stage of the proceedings, to apply for leave to withdraw an indictment in accordance with the provisions of Rule 51 (A) of the Rules'
    • Decision on the Prosecutor's Motion to Withdraw the Indictment, Ntuyahaga (ICTR-98-40-T), Trial Chamber 1, 18 March 1999:'... she has the right, at any stage of the proceedings, to apply for leave to withdraw an indictment in accordance with the provisions of Rule 51 (A) of the Rules'.
    • (1999)
  • 31
    • 27244455799 scopus 로고    scopus 로고
    • Decision on the Prosecutor's Motion to Withdraw the Indictment, Ntuyahaga (ICTR-98-40-T), Trial Chamber 1, 18 March'... it is the sole duty of the Prosecutor to devise the prosecution strategy and therefore to decide, even before instituting any proceedings, whether such action serves the interests of her mandate as Prosecutor'
    • Ibid.:'... it is the sole duty of the Prosecutor to devise the prosecution strategy and therefore to decide, even before instituting any proceedings, whether such action serves the interests of her mandate as Prosecutor'.
    • (1999)
  • 32
    • 27244444640 scopus 로고    scopus 로고
    • Article 19(1) ICTYSt. and Art. 18(1) ICTRSt
    • Article 19(1) ICTYSt. and Art. 18(1) ICTRSt.
  • 33
    • 27244445989 scopus 로고    scopus 로고
    • Twice, defence lawyers requested that the judges of the ICTR order the prosecution to open an investigation into the President Habyarimana plane crash which had a triggering effect on the beginning of the genocide. See Defence Motion Seeking Supplementary Investigations, Kabiligis (ICTR-97-34-I) Trial Chamber III, 1 June 'Moreover, Defence Counsel failed to establish a legal basis on which the Trial Chamber could order supplementary investigations by the Prosecutor in this case. The issue is one solely for the discretion of the Prosecutor'. See also Decision on the Defence Motion for an order to the Prosecutor to Investigate the Circumstances of the Crash of President Habyarimana's Plane, Nzirorera (ICTR-97-20-I) Trial Chamber II, 2 June
    • Twice, defence lawyers requested that the judges of the ICTR order the prosecution to open an investigation into the President Habyarimana plane crash which had a triggering effect on the beginning of the genocide. See Defence Motion Seeking Supplementary Investigations, Kabiligis (ICTR-97-34-I) Trial Chamber III, 1 June 2000, 2§0: 'Moreover, Defence Counsel failed to establish a legal basis on which the Trial Chamber could order supplementary investigations by the Prosecutor in this case. The issue is one solely for the discretion of the Prosecutor'. See also Decision on the Defence Motion for an order to the Prosecutor to Investigate the Circumstances of the Crash of President Habyarimana's Plane, Nzirorera (ICTR-97-20-I) Trial Chamber II, 2 June 2000.
    • (2000) , pp. 20
  • 34
    • 27244452380 scopus 로고    scopus 로고
    • 'The Prosecutors of the International Tribunals: The Cases of the Nuremberg and Tokyo Tribunals, the ICTY and ICTR, and the ICC Compared'
    • L. Arbour, A. Eser, K. Ambos and A. Sander (eds), (Freiburg im Breisgau: Iuscrim
    • M. Bergsmo, C. Cissé and C. Staker, 'The Prosecutors of the International Tribunals: The Cases of the Nuremberg and Tokyo Tribunals, the ICTY and ICTR, and the ICC Compared', in L. Arbour, A. Eser, K. Ambos and A. Sander (eds), The Prosecutor of a Permanent International Criminal Court (Freiburg im Breisgau: Iuscrim, 2000), 135.
    • (2000) The Prosecutor of a Permanent International Criminal Court , pp. 135
    • Bergsmo, M.1    Cissé, C.2    Staker, C.3
  • 35
    • 27244460535 scopus 로고    scopus 로고
    • Decision to Withdraw Indictment, Kupreškić et al. (IT-95-16-PT), Kordić et al., (IT-95-14/2-PT), 19 December
    • Decision to Withdraw Indictment, Kupreškić et al. (IT-95-16-PT), Kordić et al., (IT-95-14/2-PT), 19 December 1997.
    • (1997)
  • 36
    • 27244442999 scopus 로고    scopus 로고
    • Order granting leave for withdrawal of charges against Nikica Jankić, Dragan Kondić, Goran Lajić, Dragomir Saponja and Nedjeljko Timarac, Sikirica and Others (IT-95-8-PT), 5 May 'CONSIDERING the resources available to the Office of the Prosecutor and the requirement under Article 20 of the Statute that all trials be fair and expeditious'
    • Order granting leave for withdrawal of charges against Nikica Jankić, Dragan Kondić, Goran Lajić, Dragomir Saponja and Nedjeljko Timarac, Sikirica and Others (IT-95-8-PT), 5 May 1998: 'CONSIDERING the resources available to the Office of the Prosecutor and the requirement under Article 20 of the Statute that all trials be fair and expeditious'.
    • (1998)
  • 37
    • 27244457153 scopus 로고    scopus 로고
    • See Delalić Mucić Delić Landžo (hereinafter Čelebići case) (IT-96-21-A), Appeal Chamber, 20 February 'In the present context, indeed in many criminal justice systems, the entity responsible for prosecutions has finite financial and human resources and cannot realistically be expected to prosecute every offender which may fall within the strict terms of its jurisdiction. It must of necessity make decisions as to the nature of the crimes and the offenders to be prosecuted. It is beyond question that the Prosecutor has a broad discretion in relation to the initiation of investigations and in the preparation of indictments'
    • See Čelebići case, supra note 18, at §597.
    • (2001) , pp. 597
  • 38
    • 27244433780 scopus 로고    scopus 로고
    • Ntuyahaga Decision on the Prosecutor's Motion to Withdraw the Indictment, Ntuyahaga (ICTR-98-40-T), Trial Chamber 1, 18 March:'... she has the right, at any stage of the proceedings, to apply for leave to withdraw an indictment in accordance with the provisions of Rule 51 (A) of the Rules.'
    • See Ntuyahaga, supra note 26.
    • (1999)
  • 39
    • 27244453054 scopus 로고    scopus 로고
    • For the ICTY: 'In exercising this discretion, the Prosecutor may have regard to a wide range of legitimate criteria, including the gravity of the crimes in question, the strength of the evidence, the effective allocation of resources within the Office of the Prosecutor, the relationship of the case to the overall prosecution strategy, and other similar considerations'., Prosecution Response, Respondent's Brief of the Prosecution, Čelebići case 17 September For the ICTR:'... à l'heure actuelle, nous avons identifié 200 suspects. Il faudra faire des choix, ce qui est frustrant et difficile. Nous essaierons de prendre en compte plusieurs paramètres'., C. Del Ponte, 'Balkans-Rwanda: la fin de l'impunité', 90 Politique Internationale (2000-2001), comments recorded by A. Franco and B. Adès
    • For the ICTY: 'In exercising this discretion, the Prosecutor may have regard to a wide range of legitimate criteria, including the gravity of the crimes in question, the strength of the evidence, the effective allocation of resources within the Office of the Prosecutor, the relationship of the case to the overall prosecution strategy, and other similar considerations'., Prosecution Response, Respondent's Brief of the Prosecution, Čelebići case, 17 September 1999, §15.5.
    • (1999)
  • 40
    • 27244440667 scopus 로고    scopus 로고
    • 'Balkans-Rwanda: la fin de l'impunité'
    • For the ICTR:'... à l'heure actuelle, nous avons identifié 200 suspects. Il faudra faire des choix, ce qui est frustrant et difficile. Nous essaierons de prendre en compte plusieurs paramètres'., comments recorded by A. Franco and B. Adès
    • For the ICTR:'... à l'heure actuelle, nous avons identifié 200 suspects. Il faudra faire des choix, ce qui est frustrant et difficile. Nous essaierons de prendre en compte plusieurs paramètres'., C. Del Ponte, 'Balkans-Rwanda: La fin de l'impunité', 90 Politique Internationale (2000-2001), comments recorded by A. Franco and B. Adès.
    • (2000) Politique Internationale , vol.90
    • Del Ponte, C.1
  • 41
    • 0039526808 scopus 로고
    • 'The Yugoslav Crimes Tribunal: A Prosecutor's View'
    • As an example, a crime may have a specific political and historical importance taken into consideration by the Prosecutor: 'That indictment is particularly significant, we think, because Omarska is the first camp in Bosnia that international journalists were permitted to see and film, in August 1992'., The same concerns were raised regarding the role played by the media in the Rwandan Genocide: 'La responsabilité des médias, notamment de la RTLM, est très importante dans le génocide rwandais'
    • As an example, a crime may have a specific political and historical importance taken into consideration by the Prosecutor: 'That indictment is particularly significant, we think, because Omarska is the first camp in Bosnia that international journalists were permitted to see and film, in August 1992'., M. Schrag, 'The Yugoslav Crimes Tribunal: A Prosecutor's View', 6 Duke Journal of Comparative & International Law (1995) 193. The same concerns were raised regarding the role played by the media in the Rwandan Genocide: 'La responsabilité des médias, notamment de la RTLM, est très importante dans le génocide rwandais',
    • (1995) Duke Journal of Comparative & International Law , vol.6 , pp. 193
    • Schrag, M.1
  • 42
    • 0039526808 scopus 로고
    • 'The Yugoslav Crimes Tribunal: A Prosecutor's View'
    • The same concerns were raised regarding the role played by the media in the Rwnadan Genocide: 'La responsabilité des médias, notamment de la RTLM, est très importante dans le génocide rwandais'
    • C. Del Ponte, ibid.
    • (1995) Duke Journal of Comparative & International Law , vol.6 , pp. 193
    • Del Ponte, C.1
  • 43
    • 0039526808 scopus 로고
    • 'The Yugoslav Crimes Tribunal: A Prosecutor's View'
    • For Tadić: 'In the fall of 1994, mindful of the importance of our being able to present evidence as soon as possible in a public trial, we asked the Tribunal judges to request that German prosecution defer to our investigation'., at Jean Paul Akayesu was arrested by the Zambian authorities following a SC Resolution (S/RES/978, 27 February) requesting states 'to arrest and detain persons... against whom there is sufficient evidence of responsibility for acts of violence within the jurisdiction of the ICTR'. The Prosecutor was taken by surprise when he received a request for assistance by Zambia in late 1995, while his office was still not fully operational. He nevertheless decided to follow up on the Zambian demand and requested the deferral of Akayesu and others much more to encourage other African states to collaborate with the ICTR than for the relative importance of the suspects in the Rwandan genocide.
    • For Tadić: 'In the fall of 1994, mindful of the importance of our being able to present evidence as soon as possible in a public trial, we asked the Tribunal judges to request that German prosecution defer to our investigation'., M. Schrag, supra note 36, at 192. Jean Paul Akayesu was arrested by the Zambian authorities following a SC Resolution (S/RES/ 978, 27 February 1995) requesting states 'to arrest and detain persons... against whom there is sufficient evidence of responsibility for acts of violence within the jurisdiction of the ICTR'. The Prosecutor was taken by surprise when he received a request for assistance by Zambia in late 1995, while his office was still not fully operational. He nevertheless decided to follow up on the Zambian demand and requested the deferral of Akayesu and others much more to encourage other African states to collaborate with the ICTR than for the relative importance of the suspects in the Rwandan genocide. Two other persons arrested by the Zambian authorities were not requested by the Prosecutor and were released without charge.
    • (1995) Duke Journal of Comparative & International Law , vol.6 , pp. 192
    • Schrag, M.1
  • 44
    • 27244450221 scopus 로고
    • Although Tadić was the first person tried by the ICTY, the first person indicted was Dragan Nikolić (ICTY-IT-94-2-I) on 4 November
    • Although Tadić was the first person tried by the ICTY, the first person indicted was Dragan Nikolić (ICTY-IT-94-2-I) on 4 November 1994.
    • (1994)
  • 46
    • 0003603080 scopus 로고    scopus 로고
    • (Princeton: Princeton University Press), 'Goldstone staffers say they hurried to have the second Karadzić-Mladić indictment ready for Dayton.... Was this Goldstone's way of reminding Dayton's negotiators of The Hague? "Not at all" Goldstone said,... "it was really happenstance, we've issued indictments when they've been ready". But Blewitt, Goldstone's deputy prosecutor, has said that the Dayton indictments were timed to remind negotiators of the war criminals and to make it harder to dispose of the tribunal'
    • G. J. Bass, Stay the Hand of Vengeance: The Politics of War Crimes Tribunals (Princeton: Princeton University Press, 2000), 230-244: 'Goldstone staffers say they hurried to have the second Karadzić-Mladić indictment ready for Dayton.... Was this Goldstone's way of reminding Dayton's negotiators of The Hague? "Not at all" Goldstone said,... "it was really happenstance, we've issued indictments when they've been ready". But Blewitt, Goldstone's deputy prosecutor, has said that the Dayton indictments were timed to remind negotiators of the war criminals and to make it harder to dispose of the tribunal'.
    • (2000) Stay the Hand of Vengeance: The Politics of War Crimes Tribunals , pp. 230-244
    • Bass, G.J.1
  • 47
    • 27244456569 scopus 로고    scopus 로고
    • 'The Tribunal's Progress'
    • See by R. Goldstone in Johannesburg, 7-12 May Institute for War and Peace Reporting, Tribunal update, no. 220, available online at (visited January 2005)
    • See 'The Tribunal's Progress', by R. Goldstone in Johannesburg, 7-12 May 2001, Institute for War and Peace Reporting, Tribunal update, no. 220, available online at http://www.iwpr.net/index.pl?archive/tri/ tri_220_2_eng.txt (visited January 2005).
    • (2001)
  • 48
    • 26444526222 scopus 로고    scopus 로고
    • 'Prosecutorial Discretion Before National Courts and International Tribunals'
    • See at
    • See Brubacher, supra note 1, at 74.
    • (2005) JICJ , vol.3 , pp. 74
    • Brubacher, M.R.1
  • 49
    • 27244441503 scopus 로고    scopus 로고
    • See also (Oxford: Oxford University Press 'The unique nature of international crimes inevitably highlights the tormented relationship between politics and criminal justice. The interplay between criminal justice and politics is naturally well known even at the national level. It is, however, more evident in international criminal proceedings, given the classes of crimes within the jurisdiction of international Tribunals and the Court'
    • See also S. Zappalà, Human Rights in International Criminal Proceedings (Oxford: Oxford University Press, 2003), 43: 'The unique nature of international crimes inevitably highlights the tormented relationship between politics and criminal justice. The interplay between criminal justice and politics is naturally well known even at the national level. It is, however, more evident in international criminal proceedings, given the classes of crimes within the jurisdiction of international Tribunals and the Court'.
    • (2003) Human Rights in International Criminal Proceedings , pp. 43
    • Zappalà, S.1
  • 50
    • 27244445844 scopus 로고    scopus 로고
    • See Art. 2.1 of the International Association of Prosecutors Standards: 'The use of prosecutorial discretion, when permitted in a particular jurisdiction, should be exercised independently and be free from political interference'
    • See Art. 2.1 of the International Association of Prosecutors Standards: 'The use of prosecutorial discretion, when permitted in a particular jurisdiction, should be exercised independently and be free from political interference'.
  • 51
    • 27244436363 scopus 로고    scopus 로고
    • The Prosecutor
    • In May the ICC Prosecutor, in collaboration with the Max-Planck Institute for Foreign and International Criminal Law, set up an international workshop on the subject of the independence and responsibilities of the Prosecutor of an international criminal court. This workshop, comprising Prosecutors working in the ICC and national Prosecutors from about 30 different countries gathered in Freiburg im Breisgau in Germany, issued a unanimous statement, entitled 'Freiburg Declaration on the Position of the Prosecutor of a Permanent International Court'. Article 3 states that 'the prosecutor should exercise his or her functions as transparently as possible, subject to the requirements of confidentiality, giving reasoned public explanations for decisions where appropriate', at
    • In May 1998, the ICC Prosecutor, in collaboration with the Max-Planck Institute for Foreign and International Criminal Law, set up an international workshop on the subject of the independence and responsibilities of the Prosecutor of an international criminal court. This workshop, comprising Prosecutors working in the ICC and national Prosecutors from about 30 different countries gathered in Freiburg im Breisgau in Germany, issued a unanimous statement, entitled 'Freiburg Declaration on the Position of the Prosecutor of a Permanent International Court'. Article 3 states that 'the prosecutor should exercise his or her functions as transparently as possible, subject to the requirements of confidentiality, giving reasoned public explanations for decisions where appropriate', L. Arbour et al., The Prosecutor, supra note 30, at 668.
    • (1998) The Prosecutor of a Permanent International Criminal Court , pp. 668
    • Arbour, L.1
  • 52
    • 27244459506 scopus 로고    scopus 로고
    • note
    • The ICTR and ICTY RPE stipulate that the Prosecutor may adopt regulations 'consistent with the Statute and the Rules'; see Art. 37(A) of both the ICTR and ICTY Rules.
  • 53
    • 27244449218 scopus 로고    scopus 로고
    • 'Office of the Prosecutor: Charging and Indictment Guidelines'
    • All the more so since many of these criteria are set forth in an internal document, entitled
    • All the more so since many of these criteria are set forth in an internal document, entitled 'Office of the Prosecutor: Charging and Indictment Guidelines'.
  • 54
    • 27244460460 scopus 로고
    • 'Prosecutor's Policy on Nolle Prosequi of Accomplices'
    • See Reg. No. 1/1994, as amended on 17 May published in ICTY Annual Reports
    • See Reg. No. 1/1994, as amended on 17 May 1995: 'Prosecutor's Policy on Nolle Prosequi of Accomplices', published in ICTY Annual Reports.
    • (1995)
  • 56
    • 26444526222 scopus 로고    scopus 로고
    • 'Prosecutorial Discretion Before National Courts and International Tribunals'
    • Nsereko, supra note 1, at 143.
    • (2005) JICJ , vol.3 , pp. 143
    • Nsereko1
  • 57
    • 26444526222 scopus 로고    scopus 로고
    • 'Prosecutorial Discretion Before National Courts and International Tribunals'
    • See also at where the author refers to numerous countries that have adopted such guidelines
    • See also Danner, supra note 1, at 541-542, where the author refers to numerous countries that have adopted such guidelines.
    • (2005) JICJ , vol.3 , pp. 541-542
    • Danner1
  • 59
    • 27244437383 scopus 로고    scopus 로고
    • It is possible that prosecutorial discretion may be limited under customary international law, as illustrated by the case of Simić, where the Chamber refused to exercise its discretionary power to subpoena an employee of the International Committee of the Red Cross to hear his testimony, stating that: 'It is trite that the International Tribunal is bound by customary international law, not least because under Article 1 of its Statute it applies international humanitarian law, which consists of both customary and conventional rules, and its jurisprudence is consistent with that approach. It follows, therefore, that the International Tribunal's Rules may be affected by customary international law, and that there may be instances where the discretionary power to admit any relevant evidence with probative value may not be exercised where the admission of such evidence is prohibited by a rule of customary international law'. (author's emphasis).
    • It is possible that prosecutorial discretion may be limited under customary international law, as illustrated by the case of Simić, where the Chamber refused to exercise its discretionary power to subpoena an employee of the International Committee of the Red Cross to hear his testimony, stating that: 'It is trite that the International Tribunal is bound by customary international law, not least because under Article 1 of its Statute it applies international humanitarian law, which consists of both customary and conventional rules, and its jurisprudence is consistent with that approach. It follows, therefore, that the International Tribunal's Rules may be affected by customary international law, and that there may be instances where the discretionary power to admit any relevant evidence with probative value may not be exercised where the admission of such evidence is prohibited by a rule of customary international law'. (author's emphasis). Decision on the prosecution motion under Rule 73 for a ruling concerning the testimony of a witness, Simić et al. (IT-95-9-PT), Trial Chamber, 27 July 1999, §42.
    • (1999) , pp. 42
  • 60
    • 27244438501 scopus 로고    scopus 로고
    • See Delalić, Mucić, Delić and Landžo (hereinafter Čelebići Case) (IT-96-21-A), Appeal Chamber, 20 February 'In the present context, indeed in many criminal justice systems, the entity responsible for prosecutions has finite financial and human resources and cannot realistically be expected to prosecute every offender which may fall within the strict terms of its jurisdiction. It must of necessity make decisions as to the nature of the crimes and the offenders to be prosecuted. It is beyond question that the Prosecutor has a broad discretion in relation to the initiation of investigations and in the preparation of indictments'
    • Čelebići case, supra note 18, at §604.
    • (2001) , pp. 604
  • 61
    • 27244439588 scopus 로고    scopus 로고
    • See Delalić, Mucić, Delić and Landžo (hereinafter 'Čelebići case') (IT-96-21-A), Appeal Chamber, 20 February 'In the present context, indeed in many criminal justice systems, the entity responsible for prosecutions has finite financial and human resources and cannot realistically be expected to prosecute every offender which amy fall within the strict terms of its jurisdiction. It must of necessity make decisions as to the nature of the crimes and the offenders to be prosecuted. It is beyond question that the Prosecutor has a broad discretion in relation to the initiation of investigation and in the preparation of indictments.' Čelebići Case
    • Čelebići case, supra note 18.
    • (2001) , pp. 602
  • 62
    • 27244459664 scopus 로고    scopus 로고
    • Čelebići Case Brief of Appellant, Esad Landžo (herinafter Landžo Brief), on Appeal Against Conviction and Sentence, 2 July
    • Čelebići case, Brief of Appellant, Esad Landžo (herinafter Landžo Brief), on Appeal Against Conviction and Sentence, 2 July 1999, at 13.
    • (1999) , pp. 13
  • 63
    • 27244456750 scopus 로고    scopus 로고
    • See Delalić, Mucić, Delić and Landžo (hereinafter Čelebići Case) (IT-96-21-A), Appeal Chamber, 20 February 'In the present context, indeed in many criminal justice systems, the entity responsible for prosecutions has finite financial and human resources and cannot realistically be expected to prosecute every offender which may fall within the strict terms of its jurisdiction. It must of necessity make decisions as to the nature of the crimes and the offenders to be prosecuted. It is beyond question that the Prosecutor has a broad discretion in relation to the initiation of investigations and in the preparation of indictments'. at
    • Čelebići case, supra note 18, at §596.
    • (2001) , pp. 596
  • 64
    • 27244456570 scopus 로고    scopus 로고
    • caCelebići case, Brief of Appellant, Esad Landžo (herinafter Landžo Brief), on Appeal Against Conviction and Sentence, 2 July at Landžo Brief
    • Landžo Brief, supra note 54, at 17.
    • (1999) , pp. 17
  • 65
    • 27244442482 scopus 로고    scopus 로고
    • Landžo Brief, caCelebići case, Brief of Appellant, Esad Landžo (herinafter Landžo Brief), on Appeal Against Conviction and Sentence, 2 July
    • Landžo Brief, supra note 54, at 13-14.
    • (1999) , pp. 13-14
  • 66
    • 27244447519 scopus 로고    scopus 로고
    • 'In the present context, indeed in many criminal justice systems, the entity responsible for prosecutions has finite financial and human resources and cannot realistically be expected to prosecute every offender which may fall within the strict terms of its jurisdiction. It must of necessity make decisions as to the nature of the crimes and the offenders to be prosecuted. It is beyond question that the Prosecutor has a broad discretion in relation to the initiation of investigations and in the preparation of indictments'., See (hereinafter 'Čelebići case') (IT-96-21-A), Appeal Chamber, 20 February at
    • 'In the present context, indeed in many criminal justice systems, the entity responsible for prosecutions has finite financial and human resources and cannot realistically be expected to prosecute every offender which may fall within the strict terms of its jurisdiction. It must of necessity make decisions as to the nature of the crimes and the offenders to be prosecuted. It is beyond question that the Prosecutor has a broad discretion in relation to the initiation of investigations and in the preparation of indictments'., Čelebići case, supra note 18, at §602.
    • (2001) , pp. 602
  • 67
    • 27244446848 scopus 로고    scopus 로고
    • 'In the present context, indeed in many criminal justice systems, the entity responsible for prosecutions has finite financial and human resources and cannot realistically be expected to prosecute every offender which may fall within the strict terms of its jurisdiction. It must of necessity make decisions as to the nature of the crimes and the offenders to be prosecuted. It is beyond question that the Prosecutor has broad discretion in relation to the initiation of investigations and in the preparation of indictment.' See (hereinafter 'Čelebići case') (IT-96-21-A), Appeal Chamber, 20 February at
    • Ibid.
    • (2001) , pp. 602
  • 68
    • 27244447123 scopus 로고    scopus 로고
    • 'In the present context, indeed in many criminal justice systems, the entity responsible for prosecutions has finite financial and human resources and cannot realistically be expected to prosecute every offender which may fall within the strict terms of its jurisdiction. It must of necessity make decisions as to the nature of the crimes and the offenders to be prosecuted. It is beyond question that the Prosecutor has a broad discretion in relation to the initiation of investigations and in the preparation of indictments'. supra note 18, at See also Art. 15(2) ICTR St
    • Ibid., at §603. See also Art. 15(2) ICTR St.
    • (2001) , pp. 603
  • 69
    • 27244432833 scopus 로고    scopus 로고
    • 'In the present context, indeed in many criminal justice systems, the entity responsible for prosecutions has finite financial and human resources and cannot realistically be expected to prosecute every offender which may fall within the strict terms of its jurisdiction. It must of necessity make decisions as to the nature of the crimes and the offenders to be prosecuted. It is beyond question that the Prosecutor has a broad discretion in relation to the initiation of investigations and in the preparation of indictments'. supra note 18, at See also Art. 15(2) ICTR St
    • Ibid., at §605.
    • (2001) , pp. 605
  • 70
    • 27244437327 scopus 로고    scopus 로고
    • 'The burden on the appealing party is thus a heavy one: he or she must show that a selection was deliberately based upon an unjustifiable standard such as race, religion or other arbitrary classification', Čelebići case, See Delalić, Mucić, Delić and Landžo (hereinafter 'Čelebići case') (IT-96-21-A), Appeal Chamber 20 February 2001, 6§02: 'In the present context, indeed in many criminal justice systems, the entity responsible for prosecutions has finite financial and human resources and cannot realistically be expected to prosecute every offender which may fall within the strict terms of its jurisdiction. It must of necessity make decisions as to the nature of the crimes and the offenders to be prosecuted. It is beyond question that the Prosecutor has a broad discretion in relation to the initiation of investigations and in the preparation of indictments'.
    • 'The burden on the appealing party is thus a heavy one: He or she must show that a selection was deliberately based upon an unjustifiable standard such as race, religion or other arbitrary classification', Čelebići case, supra note 18, Prosecution Response Respondent's Brief of the Prosecution, 17 September 1999, at §15.10.
    • (1999)
  • 71
    • 27244439135 scopus 로고    scopus 로고
    • at 'In the present context, indeed in many criminal justice systems, the entity responsible for prosecutions has finite financial and human resources and cannot realistically be expected to prosecute every offender which may fall within the strict terms of its jurisdiction. It must of necessity make decisions as to the nature of the crimes and the offenders to be prosecuted. It is beyond question that the Prosecutor has a broad discretion in relation to the initiation of investigations and in the preparation of indictments'. See also Art. 15(2) ICTR St
    • Supra note 58, at §614.
  • 72
    • 27244444938 scopus 로고    scopus 로고
    • 'In the present context, indeed in many criminal justice systems, the entity responsible for prosecutions has finite financial and human resources and cannot realistically be expected to prosecute every offender which may fall within the strict terms of its jurisdiction. It must of necessity make decisions as to the nature of the crimes and the offenders to be prosecuted. It is beyond question that the Prosecutor has a broad discretion in relation to the initiation of investigations and in the preparation of indictments'. supra note 18, at See also Art. 15(2) ICTR St
    • Ibid.
  • 73
    • 0003846180 scopus 로고    scopus 로고
    • (Oxford: Oxford University Press)
    • R. G. Teitel, Transitional Justice (Oxford: Oxford University Press, 2000), 40.
    • (2000) Transitional Justice , pp. 40
    • Teitel, R.G.1
  • 74
    • 27244460703 scopus 로고    scopus 로고
    • e Partie'
    • A. Pellet, H. Ascensio, E. Decaux (eds), (Paris: Pedone)
    • e Partie', in A. Pellet, H. Ascensio, E. Decaux (eds), Droit International Pénal (Paris: Pedone, 2000), 624.
    • (2000) Droit International Pénal , pp. 624
    • Cassese, A.1
  • 75
    • 11544364235 scopus 로고    scopus 로고
    • 'The United Nations' War Crimes Tribunals: An Assessment'
    • See 'Individualized guilt serves the very important purpose of preventing a collective guilt syndrome. By diminishing the tendency to ostracize a specific ethnic or national group and the need for revenge, it contributes "to the process of national reconciliation"'
    • See R. Goldstone, 'The United Nations' War Crimes Tribunals: An Assessment', 12 Connecticut Journal of International Law (1997) 227: 'Individualized guilt serves the very important purpose of preventing a collective guilt syndrome. By diminishing the tendency to ostracize a specific ethnic or national group and the need for revenge, it contributes "to the process of national reconciliation"'.
    • (1997) Connecticut Journal of International Law , vol.12 , pp. 227
    • Goldstone, R.1
  • 76
    • 27244443305 scopus 로고    scopus 로고
    • (Princeton: Princeton University Press), 'Goldstone staffers say they hurried to have the second Karadzić-Mladić indictment ready for Dayton.... Was this Goldstone's way of reminding Dayton's negotiators of The Hague? "Not at all" Goldstone said,... "it was really happenstance, we've issued indictments when they've been ready". But Blewitt, Goldstone's deputy prosecutor, has said that the Dayton indictments were timed to remind negotiators of the war criminals and to make it harder to dispose of the tribunal'. at
    • Bass, supra note 40, at 300-301.
    • (2000) Stay the Hand of Vengeance: The Politics of War Crimes Tribunals , pp. 300-301
    • Bass, G.J.1
  • 77
    • 27244452187 scopus 로고    scopus 로고
    • See quotation at the beginning of this section, 'In the present context, indeed in many criminal justice systems, the entity responsible for prosecutions has finite financial and human resources and cannot realistically be expected to prosecute every offender which may fall within the strict terms of its jurisdiction. It must of necessity make decisions as to the nature of the crimes and the offenders to be prosecuted. It is beyond question that the Prosecutor has a broad discretion in relation to the initiation of investigations and in the preparation of indictments'
    • See quotation at the beginning of this section, supra note 58.
    • (2001) , pp. 602
  • 78
    • 27244435457 scopus 로고    scopus 로고
    • Čelebići case, and Landžo Brief See Delalić, Mucić, Delić and Landžo (hereinafter 'Čelebići case') (IT-96-21-A), Appeal Chamber, 20 February 'In the present context, indeed in many criminal justice systems, the entity responsible for prosecutions has finite financial and human resources and cannot realistically be expected to prosecute every offender which may fall within the strict terms of its jurisdiction. It must of necessity make decisions as to the nature of the crimes and the offenders to be prosecuted. It is beyond question that the Prosecutor has a broad discretion in relation to the initiation of investigations and in the preparation of indictments'
    • Čelebići case, supra note 18, at §612 and Landžo Brief
    • (2001) , pp. 612
  • 79
    • 27244435786 scopus 로고    scopus 로고
    • Čelebići case, Brief of Appellant, Esad Landžo (herinafter Landžo Brief), on Appeal Against Conviction and Sentence, 2 July
    • supra note 54, at 17.
    • (1999) , pp. 17
  • 80
    • 27244432142 scopus 로고    scopus 로고
    • Emphasis added. Čelebići case 'In the present context, indeed in many criminal justice systems, the entity responsible for prosecutions has finite financial and human resources and cannot realistically be expected to prosecute every offender which may fall within the strict terms of its jurisdiction. It must of necessity make decisions as to the nature of the crimes and the offenders to be prosecuted. It is beyond question that the Prosecutor has a broad discretion in relation to the initiation of investigations and in the preparation of indictments'. Prosecution Response Respondent's Brief of the Prosecution, 17 September
    • Emphasis added. Čelebići case, supra note 18, Prosecution Response Respondent's Brief of the Prosecution, 17 September 1999, §15.13.
    • (1999)
  • 81
    • 27244434388 scopus 로고    scopus 로고
    • (Princeton: Princeton University Press), 'Goldstone staffers say they hurried to have the second Karadzić-Mladić indictment ready for Dayton.... Was this Goldstone's way of reminding Dayton's negotiators of The Hague? "Not at all" Goldstone said,... "it was really happenstance, we've issued indictments when they've been ready". But Blewitt, Goldstone's deputy prosecutor, has said that the Dayton indictments were timed to remind negotiators of the war criminals and to make it harder to dispose of the tribunal'
    • Bass, supra note 40, at 244.
    • (2000) Stay the Hand of Vengeance: The Politics of War Crimes Tribunals , pp. 244
    • Bass, G.J.1
  • 82
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    • 'For the moment, it appears that the OTP is concentrating exclusively on crimes committed by the former government of Rwanda and its associates. Amnesty International is concerned that there are no indictments arising out of the alleged crimes committed by the RPF and none apparently imminent. Nevertheless justice must be impartial; it must be done and seen to be done for all, regardless of who the victims or perpetrators are. True reconciliation in Rwanda must involve showing that the rule of law does not discriminate for or against anyone. The Tribunal's work should contribute to this process.', Report of Amnesty International, London, April IOR 40/03/98, at (hereafter Amnesty International Report: Trials and Tribulations). Concerning the crimes committed by the RPF
    • 'For the moment, it appears that the OTP is concentrating exclusively on crimes committed by the former government of Rwanda and its associates. Amnesty International is concerned that there are no indictments arising out of the alleged crimes committed by the RPF and none apparently imminent. Nevertheless justice must be impartial; it must be done and seen to be done for all, regardless of who the victims or perpetrators are. True reconciliation in Rwanda must involve showing that the rule of law does not discriminate for or against anyone. The Tribunal's work should contribute to this process.', International Criminal Tribunal for Rwanda: Trials and Tribulations, Report of Amnesty International, London, April 1998, IOR 40/03/98, at 16 (hereafter Amnesty International Report: Trials and Tribulations). Concerning the crimes committed by the RPF,
    • (1998) International Criminal Tribunal for Rwanda: Trials and Tribulations , pp. 16
  • 83
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    • see (New York and Paris: Human Rights Watch & International Federation of Human Rights
    • see A. Des Forges, Leave None to Tell the Story: Genocide in Rwanda (New York and Paris: Human Rights Watch & International Federation of Human Rights, 1999), 13.
    • (1999) Leave None to Tell the Story: Genocide in Rwanda , pp. 13
    • Des Forges, A.1
  • 84
    • 27244438654 scopus 로고    scopus 로고
    • 'Le Tribunal pénal international est devenu un processus irréversible'
    • Le Monde, comments recorded by R. Ourdan and C. Tréan, updated on 14 September
    • L. Arbour, 'Le Tribunal pénal international est devenu un processus irréversible', Le Monde, comments recorded by R. Ourdan and C. Tréan, updated on 14 September 1999.
    • (1999)
    • Arbour, L.1
  • 85
    • 27244444127 scopus 로고    scopus 로고
    • 'The other is the impression given - Not only to those responsible for these crimes within the RPF but also to the broader public - That the Tribunal is only interested in judging one group of perpetrators. It is nevertheless essential that it fulfils its mandate with respect to all crimes, maintains its independence and delivers justice to all' (New York and Paris: Human Rights Watch & International Federation of Human Rights)
    • 'The other is the impression given - not only to those responsible for these crimes within the RPF but also to the broader public - that the Tribunal is only interested in judging one group of perpetrators. It is nevertheless essential that it fulfils its mandate with respect to all crimes, maintains its independence and delivers justice to all.', Amnesty International Report: Trials and Tribulations, supra note 72, at 16-17.
    • (1999) Amnesty International Report: Trials and Tribulations , pp. 16-17
    • Des Forges, A.1
  • 86
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    • 'Prosecuting Authority in the New South Africa'
    • January
    • D. Van Zyl Smit and E. Steyn, 'Prosecuting Authority in the New South Africa', CIJL Yearbook, Vol. VIII, January 2000, at 137.
    • (2000) CIJL Yearbook , vol.8 , pp. 137
    • Van Zyl Smit, D.1    Steyn, E.2
  • 87
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    • 'The two most powerful realist criticisms of war crimes trials are that such efforts will perpetuate a war, or destabilize postwar efforts to build a secure peace'
    • (Princeton: Princeton University Press)
    • 'The two most powerful realist criticisms of war crimes trials are that such efforts will perpetuate a war, or destabilize postwar efforts to build a secure peace', Bass, supra note 40, at 285.
    • (2000) Stay the Hand of Vengeance: The Politics of War Crimes Tribunals , pp. 285
    • Bass, G.J.1
  • 89
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    • 'Prosecutorial Discretion Before National Courts and International Tribunals'
    • Article 53 of the ICC. See... the term "in the interests of justice" also requires the Prosecutor to take account of the broader interests of the international community, including the potential political ramifications of an investigation on the political environment of the state over which he is exercising jurisdiction.'
    • Article 53 of the ICC. See Brubacher, supra note 1, at 81: '... the term "in the interests of justice" also requires the Prosecutor to take account of the broader interests of the international community, including the potential political ramifications of an investigation on the political environment of the state over which he is exercising jurisdiction.'
    • (2005) JICJ , vol.3 , pp. 81
    • Brubacher1
  • 90
    • 27244444638 scopus 로고    scopus 로고
    • 'En effet déterminer si une enquête sert ou non les intérêts de la justice, compte tenu des intérêts des victimes et/ou de la gravité du crime, pourra le conduire à faire un choix entre la nécessité d'ouvrir une enquête
    • (Paris: Seuil)
    • 'En effet déterminer si une enquête sert ou non les intérêts de la justice, compte tenu des intérêts des victimes et/ou de la gravité du crime, pourra le conduire à faire un choix entre la nécessité d'ouvrir une enquête et celle de ne pas compromettre des négociations sur le point d'aboutir à la signature d'un accord de paix', W. Bourdon, La Cour pénale internationale (Paris: Seuil, 2000), 165.
    • (2000) La Cour Pénale Internationale , pp. 165
    • Bourdon, W.1
  • 91
    • 27244453490 scopus 로고    scopus 로고
    • See (Oxford: Oxford University Press) where the author, talking about the appropriateness of judicial supervision in the pre-trial phase in the ICC, adds: 'This element was not necessary for the ad hoc Tribunals because in that case the Security Council had already made the evaluation as to the political impact of criminal investigations and prosecutions, when the decisions to create the Tribunals were taken.'
    • See S. Zappalà, supra note 42, at 38, where the author, talking about the appropriateness of judicial supervision in the pre-trial phase in the ICC, adds: 'This element was not necessary for the ad hoc Tribunals because in that case the Security Council had already made the evaluation as to the political impact of criminal investigations and prosecutions, when the decisions to create the Tribunals were taken.'
    • (2003) Human Rights in International Criminal Proceedings , pp. 38
    • Zappalà, S.1
  • 92
    • 13144254367 scopus 로고    scopus 로고
    • 'Prosecutional Discretion within the International Criminal Court'
    • See Arts 13 and 16 ICC St. See
    • See Arts 13 and 16 ICC St. See Brubacher, supra note 1, at 87-88.
    • (2004) JICJ , vol.2 , pp. 87-88
    • Brubacher, M.R.1
  • 93
    • 84937294369 scopus 로고
    • 'Le Tribunal des tragédies'
    • 'C'est pourquoi nous avons à juger les responsables quels qu'ils soient et quelles que soient les conséquences politiques qui pourraient s'ensuivre. Ces éventuelles conséquences ne sont pas notre souci' (Spring
    • 'C'est pourquoi nous avons à juger les responsables quels qu'ils soient et quelles que soient les conséquences politiques qui pourraient s'ensuivre. Ces éventuelles conséquences ne sont pas notre souci', R. Goldstone, 'Le Tribunal des tragédies', supra note 14, at 291.
    • (1995) Politique Internationale , vol.67 , pp. 291
    • Goldstone, R.1
  • 94
    • 27244445551 scopus 로고    scopus 로고
    • 'I don't think it's appropriate for politicians - before or after the fact - to reflect on whether they think the indictment came at good or bad time; whether it's helpful to the peace process. This is a legal, judicial process. The appropriate course of action is for politicians to take this indictment into account. It was not for me to take their efforts into account in deciding whether to bring an indictment, and at what particular time', Institute for War and Peace Reporting, Tribunal update, no. 128, 5 June 1999 available online at (visited January)
    • 'I don't think it's appropriate for politicians - before or after the fact - to reflect on whether they think the indictment came at good or bad time; whether it's helpful to the peace process. This is a legal, judicial process. The appropriate course of action is for politicians to take this indictment into account. It was not for me to take their efforts into account in deciding whether to bring an indictment, and at what particular time', Institute for War and Peace Reporting, Tribunal update, no. 128, 5 June 1999, available online at http://www.iwpr.net/ index.pl?archive/tri_128_1_eng.txt (visited January 2005)
    • (2005)
  • 95
    • 27244445245 scopus 로고    scopus 로고
    • 'Lord David Owen mediator for the European Union admits as much. "The conclusion that they could easily draw was that it would not be very wise to indict the heads of state if we wanted to arrive at a negotiated peace between them with them. I believe that Goldstone (his successor Louise) Arbour had this pragmatic attitude this judgment of good sense the tribunal only indicted Milošević when the prosecutor understood that he was no longer an obstacle politically. Because after Kosovo there were no more means to negotiate with Milosevic." Discussions with Pierre Hazan 8 November 1999 cited in Hazan (College Station: Texas A&M University Press)
    • 'Lord David Owen, mediator for the European Union, admits as much. "The conclusion, that they could easily draw, was that it would not be very wise to indict the heads of state if we wanted to arrive at a negotiated peace between them and with them. I believe that Goldstone and (his successor Louise) Arbour had this pragmatic attitude, this judgment of good sense, and the tribunal only indicted Milošević when the prosecutor understood that he was no longer an obstacle, politically. Because after Kosovo there were no more means to negotiate with Milosevic." Discussions with Pierre Hazan, 8 November 1999, cited in Hazan, Justice in a Time of War (College Station: Texas A&M University Press, 2004), 61-62.
    • (2004) Justice in a Time of War , pp. 61-62
  • 96
    • 27244441366 scopus 로고    scopus 로고
    • 'Marginalizing Karadžić and Mladić might help peacemaking efforts
    • See also "Goldstone really pushed on Karadžić and Mladić, to the point of rebellion," remembers a member of Goldstone's staff. "He wanted it sooner rather than later".'
    • See also Bass, supra note 45, p. 244: 'Marginalizing Karadžić and Mladić might help peacemaking efforts. "Goldstone really pushed on Karadžić and Mladić, to the point of rebellion," remembers a member of Goldstone's staff. "He wanted it sooner rather than later".'
    • Bass, G.J.1
  • 98
    • 27244454861 scopus 로고    scopus 로고
    • See the Press Release of 5 June 2003 from the Prosecutor, David Crane, available online at (visited Janaury) who stated: 'Regarding the timing of our announcement, we reiterate our legal and moral obligations for unsealing the indictment. He has been indicted based on the evidence, and that indictment has been made public because of his travels. My job is to investigate and prosecute, but I can only fulfill that mandate when the international community has the political will to make arrests.' As the Chief Prosecutor of the ICTY, Louise Arbour said at the time of the indictment of Slobodan Milosevic: 'I don't think it's appropriate for politicians - before and after the fact - to reflect on
    • See the Press Release of 5 June 2003 from the Prosecutor, David Crane, available online at http://www.sc-sl.org/Press/prosecutor-060503.html, (visited Janaury 2005) who stated: 'Regarding the timing of our announcement, we reiterate our legal and moral obligations for unsealing the indictment. He has been indicted based on the evidence, and that indictment has been made public because of his travels. My job is to investigate and prosecute, but I can only fulfill that mandate when the international community has the political will to make arrests.' As the Chief Prosecutor of the ICTY, Louise Arbour said at the time of the indictment of Slobodan Milosevic: 'I don't think it's appropriate for politicians - before and after the fact - to reflect on whether they think the indictment came at a good or bad time; whether it's helpful to a peace process. This is a legal, judicial process. The appropriate course of action is for politicians to take this indictment into account. It was not for me to take their efforts into account in deciding whether to bring an indictment, and at what particular time.'
    • (2005)
  • 99
    • 84860232646 scopus 로고    scopus 로고
    • 'Intervention armée des forces de l' OTAN au Kosovo'
    • Statement by Justice Louise Arbour, Prosecutor ICTY and ICTR, Press Release, The Hague, 13 May 1999, JL/PIU/401-E, as quoted in footnote 61, available on (visited January)
    • Statement by Justice Louise Arbour, Prosecutor ICTY and ICTR, Press Release, The Hague, 13 May 1999, JL/PIU/401-E, as quoted in P. Kovacs, 'Intervention armée des forces de l' OTAN au Kosovo', 837 International Review of the Red Cross, p. 103-128, footnote 61, available on http://www.icrc.org/web/fre/sitefre0.nsf/html/5FZEXP (visited January 2005).
    • (2005) International Review of the Red Cross , vol.837 , pp. 103-128
    • Kovacs, P.1
  • 100
    • 27244450381 scopus 로고    scopus 로고
    • UN Press Release, 2 June
    • UN Press Release, 2 June 2000.
    • (2000)
  • 101
    • 27244441866 scopus 로고    scopus 로고
    • 'Symposium: The International Legal Fallout from Kosovo'
    • See, e.g
    • See, e.g. 'Symposium: The International Legal Fallout from Kosovo', 12 European Journal of International Law (2001) 331-536
    • (2001) European Journal of International Law , vol.12 , pp. 331-536
  • 102
    • 0344730247 scopus 로고    scopus 로고
    • 'Editorial Comments: NATO's Kosovo Intervention'
    • 'Editorial Comments: NATO's Kosovo Intervention', 93 AJIL (1999) 824-863.
    • (1999) AJIL , vol.93 , pp. 824-863
  • 103
    • 27244449694 scopus 로고    scopus 로고
    • 'Final Report to the Prosecutor by the Committee Established to Review the NATO Bombing Campaign Against the Federal Republic of Yugoslavia'
    • 13 June 2000, 1257 (hereafter 'Final Report')
    • 'Final Report to the Prosecutor by the Committee Established to Review the NATO Bombing Campaign Against the Federal Republic of Yugoslavia', 13 June 2000, 39 ILM (2000), 1257 (hereafter 'Final Report').
    • (2000) ILM , vol.39
  • 104
    • 27244459080 scopus 로고    scopus 로고
    • 'Dommages collatéraux on homicides illégaux? Violation du droit de la guerre par l'OTAN lors de l'opération Force alliée'
    • In a report published in June 2000, Amnesty International looks at many aspects of this air campaign, among which are the rules of engagement and other operational aspects, in the light of international humanitarian law. Amnesty International, London, EUR 70/18/00, available online at (visited January)
    • In a report published in June 2000, 'Dommages collatéraux on homicides illégaux? Violation du droit de la guerre par l'OTAN lors de l'opération Force alliée', Amnesty International looks at many aspects of this air campaign, among which are the rules of engagement and other operational aspects, in the light of international humanitarian law. Amnesty International, London, EUR 70/18/00, available online at http://www.amnesty.org/ailib/intcam/kosovo/docs/nato_all.pdf. (visited January 2005).
    • (2005)
  • 105
    • 27244442636 scopus 로고    scopus 로고
    • 'Civilian Deaths in the NATO Air Campaign'
    • Human Rights Watch, February 2000, available online at (visited January)
    • Human Rights Watch, 'Civilian Deaths in the NATO Air Campaign', February 2000, available online at http://www.hrw.org/reports/2000/nato/ (visited January 2005).
    • 2005
  • 106
    • 27244458569 scopus 로고    scopus 로고
    • 'Final Report to the Prosecutor by the Committee Established to Review the NATO Bombing Campaign Against the Federal Republic of Yugoslavia'
    • 'Final Report' 13 June 2000, 1257 (hereafter 'Final Report')
    • 'Final Report', supra note 90, at §3.
    • (2000) ILM , vol.39 , pp. 3
  • 107
    • 27244439137 scopus 로고    scopus 로고
    • See Art. 2 ICTR RPE and Art. 2 ICTY RPE
    • See Art. 2 ICTR RPE and Art. 2 ICTY RPE.
  • 108
    • 27244456751 scopus 로고    scopus 로고
    • 'Final Report to the Prosecutor by the Committee Established to Review the NATO Bombing Campaign Against the Federal Republic of Yugoslavia'
    • 'Final Report', 13 June 2000, 1257 (hereafter 'Final Report')
    • 'Final Report', supra note 90, at §5.
    • (2000) ILM , vol.39 , pp. 5
  • 109
    • 27244452381 scopus 로고    scopus 로고
    • 'Final Report to the Prosecutor by the Committee Established to review the NATO Bombing Campaign Against the Federal Republic of Yugoslavia'
    • 'Final Report', 13 June 2000, 1257 (hereafter 'Final Report')
    • 'Final Report', supra note 90, at §91.
    • (2000) ILM , vol.39 , pp. 91
  • 110
    • 27244452381 scopus 로고    scopus 로고
    • 'Final Report to the Prosecutor by the Committee Established to Review the NATO Bombing Campaign Against the Federal Republic of Yugoslavia'
    • 'Final Report', 13 June 2000, 1257 (hereafter 'Final Report'). in fine
    • 'Final Report', supra note 90, at §90 in fine.
    • (2000) ILM , vol.39 , pp. 90
  • 111
    • 27244439733 scopus 로고    scopus 로고
    • 'Is the non liquet of the Final Report by the Committee Established to Review the NATO Bombing Campaign Against Federal Republic of Yugoslavia acceptable?'
    • N. Ronzitti, 'Is the non liquet of the Final Report by the Committee Established to Review the NATO Bombing Campaign Against Federal Republic of Yugoslavia acceptable?', 82 Revue Internationale de la Croix-Rouge (2000) 1021.
    • (2000) Revue Internationale De La Croix-Rouge , vol.82 , pp. 1021
    • Ronzitti, N.1
  • 112
    • 27244452381 scopus 로고    scopus 로고
    • 'Final Report to the Prosecutor by the Committee Established to Review the NATO Bombing Campaign Against the Federal Republic of Yugoslavia'
    • 'Final Report', 13 June 2000, 1257 (hereafter 'Final Report'). at §in principio
    • 'Final Report', supra note 90, at §90 in principio.
    • (2000) ILM , vol.39 , pp. 90
  • 113
    • 27244445245 scopus 로고    scopus 로고
    • An internal and confidential document of the ICRC in the possession of (College Station: Texas A&M University Press) is highly critical on this subject. Paraphrasing that document, Hazan says: 'In other words, the commission (set by the ICTY Prosecutor) starts with the principle that the declarations of representatives of NATO and its member states reflect reality, without making any effort (so far as one can tell from the report, in any case) to verify these declarations by other sources or by investigation in the field. It is all the more strange that the commission recognizes that it has received from NATO only general answers to its questions and no information on particular incidents. We may reasonably ask the question if this a priori favoritism to one of the parties of the conflict is compatible with the Prosecutor's impartiality'
    • An internal and confidential document of the ICRC in the possession of Hazan, supra note 84, is highly critical on this subject. Paraphrasing that document, Hazan says: 'In other words, the commission (set by the ICTY Prosecutor) starts with the principle that the declarations of representatives of NATO and its member states reflect reality, without making any effort (so far as one can tell from the report, in any case) to verify these declarations by other sources or by investigation in the field. It is all the more strange that the commission recognizes that it has received from NATO only general answers to its questions and no information on particular incidents. We may reasonably ask the question if this a priori favoritism to one of the parties of the conflict is compatible with the Prosecutor's impartiality'.
    • (2004) Justice in a Time of War , pp. 61-62
    • Hazan1
  • 114
    • 27244445988 scopus 로고    scopus 로고
    • 'Asked by the London Sunday Observer whether she would be prepared to press charges if the inquiry into NATO bombing turned up incriminating evidence, Prosecutor Carla Del Ponte responded: "If I am not willing to do that, I am not in the right place: I must give up the mission!" In the way it was interpreted by the world media, the statement triggered quite a storm between The Hague, NATO HQ in Brussels and the US administration in Washington. In order to put an end to such speculations and calm the resultant storm caused in the midst of the Millennium holidays, Del Ponte issued the following statement: "NATO is not under investigation by the Office of the Prosecutor of the International Criminal Tribunal for the former Yugoslavia. There is no formal inquiry into the actions of NATO during the conflict in Kosovo."', Tribunal update, No. 158, 27-31 December 1999, available online at (visited January)
    • 'Asked by the London Sunday Observer whether she would be prepared to press charges if the inquiry into NATO bombing turned up incriminating evidence, Prosecutor Carla Del Ponte responded: "If I am not willing to do that, I am not in the right place: I must give up the mission!" In the way it was interpreted by the world media, the statement triggered quite a storm between The Hague, NATO HQ in Brussels and the US administration in Washington. In order to put an end to such speculations and calm the resultant storm caused in the midst of the Millennium holidays, Del Ponte issued the following statement: "NATO is not under investigation by the Office of the Prosecutor of the International Criminal Tribunal for the former Yugoslavia. There is no formal inquiry into the actions of NATO during the conflict in Kosovo."', Institute for War and Peace Reporting, Tribunal update, No. 158, 27-31 December 1999, available online at http://www.iwpr.net/ index.pl?/archive/tri/tri_158_2_eng.txt (visited January 2005).
    • (2005) Institute for War and Peace Reporting
  • 115
    • 27244452018 scopus 로고    scopus 로고
    • UN Press Release, 2 June
    • UN Press Release, 2 June 2000.
    • (2000)
  • 116
    • 27244442801 scopus 로고    scopus 로고
    • 'Balkans-Rwanda: La fin de l'impunité'
    • For the ICTY: In exercising this discretion, the Prosecutor may have regard to a wide range of legitimate criteria, including the gravity of the crimes in question, the strenght of the evidence, the effective allocation of resources within the Office kof the Prosecutor, the relationship of the case to the overall prosecution strategy, and other similar considerations;, Prosecution Response, Respondent's Brief of the Prosecution, Čelebesí case, 17 September
    • C. Del Ponte, 'Balkans-Rwanda: La fin de l'impunité', supra note 35, at 316-317.
    • (1999) , pp. 316-317
    • Del Ponte, C.1
  • 117
    • 27244435030 scopus 로고    scopus 로고
    • 'Faut-il juger l'OTAN'
    • (July) The internal document of the ICRC, in original French, quoted supra note 100, concludes as following: 'On l'aura compris, ni le TPI, ni la justice internationale en général, ni le droit international humanitaire ne sortent grandis du rapport du comité établi par le Procureur du Tribunal Pénal pour l'ex-Yougoslavie. Le clair parti-pris dans l'établissement des faits, les approximations on erreurs juridiques en font un document peu crédible et indéfendable....Une telle différence dans l'approche suivant que les crimes de guerres allégués soient imputables à la RFY ou à l'OTAN est effectivement choquante', at 13
    • Gidron and Cordone, 'Faut-il juger l'OTAN', Le Monde Diplomatique (July 2000), at 1. The internal document of the ICRC, in original French, quoted supra note 100, concludes as following: 'On l'aura compris, ni le TPI, ni la justice internationale en général, ni le droit international humanitaire ne sortent grandis du rapport du comité établi par le Procureur du Tribunal Pénal pour l'ex-Yougoslavie. Le clair parti-pris dans l'établissement des faits, les approximations on erreurs juridiques en font un document peu crédible et indéfendable. ...Une telle différence dans l'approche suivant que les crimes de guerres allégués soient imputables à la RFY ou à l'OTAN est effectivement choquante', at 13.
    • (2000) Le Monde Diplomatique , pp. 1
    • Gidron1    Cordone2
  • 118
    • 27244448770 scopus 로고    scopus 로고
    • The first paragraph of Art. 1 SCSLSt. reads as follows: 'The Special Court shall, except as provided in subparagraph (2), have the power to prosecute persons who bear the greatest responsibility for serious violations of international humanitarian law and Sierra Leonean law committed in the territory of Sierra Leone since 30 November including those leaders who, in committing such crimes, have threatened the establishment of and implementation of the peace process in Sierra Leone.'
    • The first paragraph of Art. 1 SCSLSt. reads as follows: 'The Special Court shall, except as provided in subparagraph (2), have the power to prosecute persons who bear the greatest responsibility for serious violations of international humanitarian law and Sierra Leonean law committed in the territory of Sierra Leone since 30 November 1996, including those leaders who, in committing such crimes, have threatened the establishment of and implementation of the peace process in Sierra Leone.'
    • (1996)
  • 119
    • 27244437842 scopus 로고    scopus 로고
    • note
    • 'On the 14 June 2001, the UN Secretariat presented to the group of interested States revised budget estimates amounting approximately to $57 million for the first three years of operation of the Court'; see letter dated 12 July 2001 from Secretary-General addressed to President of the Security Council, S/2001/693.
  • 120
    • 27244461165 scopus 로고    scopus 로고
    • Report of the Secretary-General on the establishment of a Special Court for Sierra Leone, 4 October S/2000/915
    • Report of the Secretary-General on the establishment of a Special Court for Sierra Leone, 4 October 2000, S/2000/915, §30.
    • (2000) , pp. 30
  • 121
    • 27244457154 scopus 로고    scopus 로고
    • Letter dated 22 December from the President of the Security Council to the Secretary-General, S/2000/1234
    • Letter dated 22 December 2000 from the President of the Security Council to the Secretary-General, S/2000/1234, §1.
    • (2000) , pp. 1
  • 122
    • 27244436826 scopus 로고    scopus 로고
    • Decision on the Preliminary Defence Motion on the Lack of Personal Jurisdiction Filed on Behalf of Accused Fofana, SCSL Trial Chamber (SCSL-2004-14-PT), 3 March
    • Decision on the Preliminary Defence Motion on the Lack of Personal Jurisdiction Filed on Behalf of Accused Fofana, SCSL Trial Chamber (SCSL-2004-14-PT), 3 March 2004.
    • (2004)
  • 123
    • 27244433212 scopus 로고    scopus 로고
    • Decision on the Preliminary Defence Motion on the Lack of Personal Jurisdiction Filed on Behalf of Accused Fofana, SCSL Trial Chamber (SCSL-2004-14-PT), 3 March
    • Supra, note 109, §27.
    • (2004) , pp. 27
  • 124
    • 0040192562 scopus 로고    scopus 로고
    • 'Completion strategy of the International Criminal Tribunal for Rwanda'
    • Annex to Letter dated 30 April from the President of the ICTR addressed to the President of the Security Council, 3 May 2004, S/2004/341
    • 'Completion strategy of the International Criminal Tribunal for Rwanda', Annex to Letter dated 30 April 2004 from the President of the ICTR addressed to the President of the Security Council, 3 May 2004, S/2004/ 341, §14.
    • (2004) , pp. 14
  • 125
    • 27244452019 scopus 로고    scopus 로고
    • note
    • Under Rule 2 ICTY RPE: The Bureau is a body composed of the President, the Vice-President and the Presiding Judges of the Trial Chambers.


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