Strategies Governing the Prosecution Process in the Office of the Prosecutor of the International Criminal Court

Abstract

Given the growing number of referrals and interactions between States and the International Criminal Court (ICC), developing a precise policy-making approach for selecting and pursuing situations and cases has become one of the essential operational requirements of the Office of the Prosecutor (OTP). In this regard, the OTP has so far adopted four core principles to guide its actions: focusing on investigative priorities, active reliance on the principle of complementarity, special consideration for the rights and interests of victims, and assessing the impact of the Office’s activities on the realization of international criminal justice. The authors of this article, through a critical analysis of these principles grounded in the Rome Statute and the Court’s jurisprudence, highlight the significance of the principle of “positive complementarity,” which entails strengthening and cooperating with national systems to enable effective criminal prosecution. A notable example of such cooperation can be seen in the successful interaction between the OTP and the German judicial system in the prosecution of leaders of the FDLR group. This model of cooperation enhances the Court’s capacity to combat impunity and increases the possibility of implementing justice at the national level. Nevertheless, there remains a need for the OTP to establish clearer criteria for selecting situations and prioritizing cases. From this perspective, formulating a comprehensive, modern, and efficient strategy for the new Prosecutor appears essential—one that, drawing on past experiences and existing strategic documents, can provide a coherent framework for the functioning of the Office.