Chapter

An Apolitical or a Political Institution? The Exercise of Prosecutorial Discretion

Rachel Kerr

in The International Criminal Tribunal for the Former Yugoslavia

Published in print January 2004 | ISBN: 9780199263059
Published online August 2004 | e-ISBN: 9780191601422 | DOI: http://dx.doi.org/10.1093/0199263051.003.0008
 An Apolitical or a Political Institution? The Exercise of Prosecutorial Discretion

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This chapter discusses the prosecutorial discretion exercised by three incumbents in the post of Chief Prosecutor in the International Criminal Tribunal for the Former Yugoslavia: Justice Richard Goldstone (1994-96), Justice Louise Arbour (1996-99), and Justice Carla Del Ponte (1999 onwards). The Goldstone era was characterised by very public indictments and Rule 61 proceedings aimed at raising the Tribunal’s profile. Arbour deployed the legal force of the Tribunal to ensure that it was a fully functional criminal court by the time she departed. The Del Ponte era was characterised by a more public and open approach to discussing ongoing investigations.

Keywords: International Criminal Tribunal for the Former Yugoslavia; prosecutorial discretion; indictments; law enforcement

Chapter.  15210 words. 

Subjects: International Relations

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