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Situation Selection Regime at the International Criminal Court

Law, Policy, Practice

Book | 1st edition 2017 | World | Mohammad Hadi Zakerhossein

The International Criminal Court (the Court) in The Hague, in fulfilling its mandate to put an end to impunity for the perpetrators of the most serious international crimes of concern to the international community as a whole, is neither able nor intended to investigate all situations of crisis across the world. Selectivity is unavoidable for the operation of this international organization. However, the authority of the Prosecutor of the Court to select and prioritize a situation over other situations is not unfettered. This book studies the situation selection regime at the International Criminal Court. In doing so, it first clarifies the notion of situation under the constituent instrument of the Court, the Rome Statute. In addition to this conceptualization, through describing the situation selection process and criteria, the Court’s law, policies and practices in this regard are examined. Dealing with the misunderstanding of the Court’s selectivity, this book reads the situation selection regime from the lens of expressivism. This theory justifies the selectivity in the Court’s operation. The book is a resource for anyone who seeks more insight into the situation selection regime of the Court.

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More Information
Type of product Book
Format Paperback
EAN / ISSN 9781780686189 / 9781780686585
Series name Human Rights Research Series
Weight 763 g
Status Available
Number of pages xiv + 440 p.
Access to exercice No
Publisher Intersentia
Language English
Publication Date Dec 15, 2017
Available on Jurisquare No
Available on Strada Belgique No
Available on Strada Europe No
Available on Strada Luxembourg No


  • Table of contents and preliminary pages
  • Introduction
  • Part One. Formulating the Concept of Situation in the Rome Statute Sense
  • Chapter I. Situation v. Case
  • Chapter II. Defining Elements of the Notion of a Situation
  • Part Two. Situation Selection Process
  • Chapter I. Trigger Mechanism
  • Chapter II. Identification Stage
  • Chapter III. Preliminary Examination
  • Chapter IV. Making a Decision on the Situation Selection
  • Part Three. Situation Selection Criteria
  • Chapter I. Jurisdiction
  • Chapter II. Admissibility
  • Chapter III. Interests of Justice
  • Part Four. Situation Selection in Light of Expressivism
  • Chapter I. Conceptualization of Expressivism in the Context of the ICC
  • Chapter II. Implications of Expressivism on the Situation Selection
  • Conclusion
  • Bibliography