Thursday, March 5, 2009

Osiel: How Should the ICC Office of the Prosecutor Choose its Cases? The multiple meanings of Situational Gravity

Mark Osiel (T.M.C. Asser Institute) has posted How Should the ICC Office of the Prosecutor Choose its Cases? The multiple meanings of Situational Gravity. Here's the first paragraph:
The ICC has been tasked with prosecuting international crimes of supreme “gravity”. It remains unclear, however, just what this term should be understood to mean. Different understandings yield quite different priorities for investigation. Situations in four places have been found to be sufficiently grave: the Democratic Republic of Congo, Northern Uganda, Darfur region of Sudan and Central African Republic. The Office of the Prosecutor (OTP) has also begun preliminary investigations in Chad, Kenya, Afghanistan, Georgia, Colombia and, most recently, Gaza. How should the Court’s scarce resources be distributed among the wide array of crimes throughout the world that might legitimately become the focus of its scrutiny?