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The Independence of the Prosecutor: Controversy in the Creation of the International Criminal Court

The Independence of the Prosecutor: Controversy in the Creation of the International Criminal Court

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Product Details
Author:
Laszlo Sarkany
Publisher:
University of British Columbia Press
Publication Date:
Aug 15, 2025
Binding:
Paperback / softback
ISBN-13:
9780774869973
ISBN10:
0774869976

Overview

The establishment of the International Criminal Court was a singular, even revolutionary, achievement. Uniquely within the realm of international criminal justice, the ICC Prosecutor can initiate investigations independently of any state''s wishes.

Why would sovereign states agree to such sweeping powers? The Independence of the Prosecutor draws on interviews with key participants to answer that question. Case studies of Canada and the United Kingdom, which supported prosecutorial independence, and the United States and Japan, which opposed it, demonstrate that state positions depended on the values and principles of those who wielded the most power in national capitals at the time. Appendices provide a record of the arguments made by state delegations in the negotiations that produced the institutional design of the Court.

This astute investigation demonstrates that now, over twenty years after its establishment, the ICC''s innovative arrangement of having an independent prosecutor continues to move law and international criminal jurisprudence forward and directly combats impunity for mass atrocities.




  • | Author: Laszlo Sarkany
  • | Publisher: University of British Columbia Press
  • | Publication Date: Aug 15, 2025
  • | Number of Pages:
  • | Language:
  • | Binding: Paperback / softback
  • | ISBN-13: 9780774869973
  • | ISBN-10: 0774869976

Categories

intergovernmental organizations

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