Influence within the International Criminal Court: An examination on the influence of the Prosecutor in the situation selection process of the International Criminal Court (ICC)

Abstract In this study is analyzed whether the Prosecutor of the International Criminal Court (ICC), Moreno-Ocampo (2003-2012) and Bensouda (2012-2021), consistently selected situations for investigation and whether the appointment of Bensouda influenced decisions of the Court in favor of African situations. Although the ICC wants to serve all parties involved, there extends a severe chance for being influenced via the Prosecutor, especially while the Prosecutor enjoys much discretion to influence the situation selection via the gravity threshold reducing the legitimacy the ICC. Both Prosecutors have been criticized for being inconsistently selecting African situations. Although the second Prosecutor was an African official, her appointment did not lead to a decrease of criticisms. Therefore this study investigates whether both Prosecutors consistently applied the selection procedures for investigation and whether the appointment of Bensouda influenced the process in favor of...Show moreAbstract In this study is analyzed whether the Prosecutor of the International Criminal Court (ICC), Moreno-Ocampo (2003-2012) and Bensouda (2012-2021), consistently selected situations for investigation and whether the appointment of Bensouda influenced decisions of the Court in favor of African situations. Although the ICC wants to serve all parties involved, there extends a severe chance for being influenced via the Prosecutor, especially while the Prosecutor enjoys much discretion to influence the situation selection via the gravity threshold reducing the legitimacy the ICC. Both Prosecutors have been criticized for being inconsistently selecting African situations. Although the second Prosecutor was an African official, her appointment did not lead to a decrease of criticisms. Therefore this study investigates whether both Prosecutors consistently applied the selection procedures for investigation and whether the appointment of Bensouda influenced the process in favor of African situations. This is done by evaluating how both Prosecutors handled with respect to the gravity threshold; the onliest component within selection on which the Prosecutor actually can insert its influence. Thus is concluded that both Prosecutors approached gravity differently. Whereas Moreno-Ocampo defined the gravity of a given situation in terms of the number of victims, Bensouda determined the gravity of a crime in terms of its scale, nature, manner of commission and impact. This study concludes that Moreno-Ocampo policies were really consistently pointing towards the gravest crimes, whereas Bensouda’s policies were less consistent. She selected some situations that were less serious in terms of gravity than situations rejected. Although Bensouda’s policies were less consistent in character, her policies don’t follow a pattern selecting in favor of African states. This study concludes by stating that Bensouda’s policies were less consistently focused on the gravest crimes of concern, while her qualitative formulation of gravity led much room to apply discretion, but that there is no reason to assume that her policies tended in favor of African situations.Show less

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Influence within the International Criminal Court: An examination on the influence of the Prosecutor in the situation selection process of the International Criminal Court (ICC)