The International Criminal Court’s Selectivity and Procedural Justice

Kotecha, Birju (2020) The International Criminal Court’s Selectivity and Procedural Justice. Journal of International Criminal Justice, 18 (1). pp. 107-139. ISSN 1478-1387

[img]
Preview
Text (Final published version)
mqaa020.pdf - Published Version
Available under License Creative Commons Attribution 4.0.

Download (297kB) | Preview
[img]
Preview
Text (Advance online version)
mqaa020.pdf - Published Version
Available under License Creative Commons Attribution 4.0.

Download (285kB) | Preview
[img]
Preview
Text
Kotecha_rev2_010220 (AC rev 15.2.20).pdf - Accepted Version

Download (558kB) | Preview
Official URL: https://doi.org/10.1093/jicj/mqaa020

Abstract

Prosecution selectivity is one of the most intractable dilemmas in international criminal justice. It is of little surprise, then, that the International Criminal Court’s (ICC) selection of cases has long been subject to critical debate. This article contributes to the literature by analysing the ICC’s selection procedure from the perspective of affected communities. Vis-à-vis this target audience, the article critiques the procedure’s effectiveness against a measure of perceived legitimacy. Using a Rawlsian model of imperfect procedural justice, the analysis explains the specific shortcomings of the Office of the Prosecutor’s (OTP) selection procedure in being sufficiently consistent, impartial and representative. In turn, this lack of procedural fairness may reduce the likelihood that the OTP selections are perceived as legitimate within affected communities. More broadly, the article argues that the OTP is unable to reach the ‘fairest’ possible prosecutorial decisions as to situations or cases — culminating in the conclusion that its selection procedure makes a limited (if any) contribution to the Court’s perceived legitimacy. The article triggers reflection on the Court’s relationship with target audiences and concludes by making practical recommendations directed at improving the OTP’s selection procedure.

Item Type: Article
Subjects: M100 Law by area
M200 Law by Topic
Department: Faculties > Business and Law > Northumbria Law School
Depositing User: Elena Carlaw
Date Deposited: 26 Feb 2020 15:53
Last Modified: 15 Feb 2022 03:30
URI: http://nrl.northumbria.ac.uk/id/eprint/42249

Actions (login required)

View Item View Item

Downloads

Downloads per month over past year

View more statistics