Title of the PhD
The interests of Justice at the International Criminal Court (ICC): Prosecutorial Discretion, Judicial Review and the End of Impunity.
Research fields/disciplines
International criminal law - International Public law
Context
As international criminal tribunals navigate complex geopolitical landscapes and severe resource constraints, mechanisms governing case selection, prioritisation, and preliminary examinations face heightened scrutiny. Within the Rome Statute framework, the Office of the Prosecutor wields significant discretion in deciding whether to initiate investigations or prosecutions, particularly when interpreting ambiguous thresholds such as the "interests of justice" under Article 53. Simultaneously, pre-trial judicial chambers play a vital role in providing oversight and accountability. However, the precise boundaries and normative justifications governing this dynamic remain deeply contested. This research addresses these critical gaps by examining how institutional design and judicial review interact to shape the legitimacy and efficacy of international criminal justice.
Abstract
The International Criminal Court (ICC) occupies a central yet challenging position in the global architecture of international criminal justice. Operating at the intersection of law, politics, and diplomacy, the Court's institutional legitimacy relies heavily on transparent, consistent, and principled decision-making across its core organs. This doctoral research centres on the structural and functional interplay between prosecutorial discretion and pre-trial judicial oversight under the Rome Statute, with a primary focus on Article 53 and the interpretation of the "interests of justice."
The core research inquiry investigates how the Office of the Prosecutor exercises its discretionary powers regarding the initiation, continuation, and closure of investigations and prosecutions, and assesses the adequacy of the judicial mechanisms available to review these decisions. While prosecutorial independence is essential for the impartial execution of the Court's mandate, unmonitored discretion risks compromising institutional accountability and stakeholder trust. Conversely, overly expansive judicial intervention by Pre-Trial Chambers into prosecutorial strategy risks encroaching upon core prosecutorial prerogatives and operational realities on the ground.
To unpack this intricate institutional tension, the thesis focuses on several key dimensions, namely 1) analysing the legal parameters of the "interests of justice" and how prosecutorial policy guidelines define and apply this threshold in practice; 2) evaluating the scope, depth, and limitations of Pre-Trial Chamber oversight over prosecutorial decisions not to proceed with an investigation or prosecution; 3) Examining the role of the UNSC and global politics.
Using a rigorous doctrinal methodology alongside a critical analysis of ICC case law and state practice, this project seeks to develop a framework for balancing prosecutorial independence under the Interests of Justice with effective judicial accountability. In doing so, it aims to make a meaningful contribution to both scholarship and practice in international criminal law.