The Flotilla Case before the icc : The Need to Do Justice While Keeping Heaven Intact

The Flotilla Case before the icc : The Need to Do Justice While Keeping Heaven Intact This article analyses the decision of the icc Pre-Trial Chamber of 16 July 2015 in which it requested the Prosecutor to reconsider its decision not to initiate an investigation into the situation of the registered vessels of the Union of the Comoros, Greece and Cambodia. In 2010, the Israeli Defense Forces ( idf ) had intercepted a humanitarian aid flotilla that was trying to breach one of its naval blockades. The Prosecutor deemed the case of insufficient gravity to initiate an investigation. By requesting the Prosecutor to reconsider its decision, the Pre-Trial Chamber created a precedent vis-à-vis the boundaries of prosecutorial discretion. This article addresses the test of Article 53(1) icc Statute and inquires whether the Pre-Trial Chamber applied a correct standard of review. Whilst concluding that the Chamber erred in this standard, the authors introduce a standard of review that anticipates the interrelationship between prosecutorial discretion and judicial review. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Criminal Law Review Brill

The Flotilla Case before the icc : The Need to Do Justice While Keeping Heaven Intact

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Publisher
Brill
Copyright
© 2015 by Koninklijke Brill NV, Leiden, The Netherlands
Subject
Articles
ISSN
1567-536X
eISSN
1571-8123
D.O.I.
10.1163/15718123-01506006
Publisher site
See Article on Publisher Site

Abstract

This article analyses the decision of the icc Pre-Trial Chamber of 16 July 2015 in which it requested the Prosecutor to reconsider its decision not to initiate an investigation into the situation of the registered vessels of the Union of the Comoros, Greece and Cambodia. In 2010, the Israeli Defense Forces ( idf ) had intercepted a humanitarian aid flotilla that was trying to breach one of its naval blockades. The Prosecutor deemed the case of insufficient gravity to initiate an investigation. By requesting the Prosecutor to reconsider its decision, the Pre-Trial Chamber created a precedent vis-à-vis the boundaries of prosecutorial discretion. This article addresses the test of Article 53(1) icc Statute and inquires whether the Pre-Trial Chamber applied a correct standard of review. Whilst concluding that the Chamber erred in this standard, the authors introduce a standard of review that anticipates the interrelationship between prosecutorial discretion and judicial review.

Journal

International Criminal Law ReviewBrill

Published: Nov 8, 2015

Keywords: prosecutorial discretion; standard of review; preliminary investigation; humanitarian law; reasonable basis to proceed; gravity; anticipated evidence; mens rea

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