When should the ICC prosecutor defer investigations or prosecutions in situations of active armed conflict in favor of peace negotiations?

Abstract

A key reform that has the potential to make the international criminal justice project stronger,more efficient and more effective is the consideration of peace negotiations as an additional factor in the Prosecutor’s decision of whether or not to pursue an investigation or prosecution ‘in the interests of justice’, in accordance with Article 53(1)(c) and 2(c) of the Rome Statute. At present, this would require a revision of the Policy Papers issued on this question, in particular, the 2013 Policy Paper on Preliminary Examinations and the 2007 Policy Paper on the Interests of Justice. Significantly, such reform has the potential to prevent or alleviate, at least in part, some of the most pressing problems encountered by the ICC Office of the Prosecutor (OTP), namely, the lack of state cooperation, limited budget, and lengthy or complex proceedings.