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The First Global Prosecutor: Promise and Constraints
Martha Minow, C. Cora True-Frost, and Alex Whiting, editors
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The establishment of the International Criminal Court (ICC) gave rise to the first permanent Office of the Prosecutor (OTP), with independent powers of investigation and prosecution. Elected in 2003 for a nine-year term as the ICC's first Prosecutor, Luis Moreno Ocampo established policies and practices for when and how to investigate, when to pursue prosecution, and how to obtain the cooperation of sovereign nations. He laid a foundation for the OTP's involvement with the United Nations Security Council, state parties, nongovernmental organizations, victims, the accused, witnesses, and the media.
This volume of essays presents the first sustained examination of this unique office and offers a rare look into international justice. The contributors, ranging from legal scholars to practitioners of international law, explore the spectrum of options available to the OTP, the particular choices Moreno Ocampo made, and issues ripe for consideration as his successor, Fatou B. Bensouda, assumes her duties. The beginning of Bensouda's term thus offers the perfect opportunity to examine the first Prosecutor's singular efforts to strengthen international justice, in all its facets.
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Cover
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Title
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Copyright
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Contents
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Prologue: The Prosecutor’s Use of Legal Policies
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The Prosecutor Casts a Shadow: Convenor, Collaborator, and Law Enforcer
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Foundations for Prosecuting
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False Alarm about the Proprio Motu Prosecutor
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Crimes against Humanity: Limits, Leverage, and Future Concerns
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Rethinking the Tension between Peace and Justice: The International Criminal Prosecutor as Diplomat
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The Evolution of the Office of the Prosecutor at the International Criminal Court: Insights from Institutional Theory
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Investigations and Institutional Imperatives at the International Criminal Court
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The Prosecutor’s Interactions with Other International Actors
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The Relationship between the Office of the Prosecutor and the Judicial Organ: Conflict and Opportunity
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The Elusive Pursuit of Trust between Prosecutors and Judges
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The Archipelago and the Wheel: The Universal Jurisdiction and the International Criminal Court Regimes
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The International Civil Servant: How the First Prosecutor Engaged the U.N. Security Council
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The Impacts of the Prosecutor’s Work
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Widening the Impact of the International Criminal Court: The Prosecutor’s Preliminary Examinations in the Larger System of International Criminal Justice
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“Managing Violence”: Can the International Criminal Court Prevent Sexual Violence in Conflict?
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Education as a Tool in Preventing Violent Conflict: Suggestions for the Prosecutor of the International Criminal Court
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Conclusion
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Contributors
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Index
Citable Link
Published: 2015
Publisher: University of Michigan Press
- 978-0-472-07251-4 (hardcover)
- 978-0-472-05251-6 (paper)
- 978-0-472-12086-4 (ebook)