IJR Policy Brief No 1: Sequencing the administration of justice to enable the pursuit of peace
Can the ICC play a role in complementing restorative justice?
Dr Tim Murithi
Date of publication: 1 June 2010
Only available electronically
This Policy Brief argues that there are a number of provisions within the Rome Statute which enable the ICC to sequence its interventions in a way that complement efforts to promote peace. Specifically, the Brief assesses the deferral role of the UN Security Council, the non-applicability of the statute of limitations and the Prosecutor's discretion to initiate an investigation. The Brief argues that given the multiple dimensions of retributive and restorative justice, a case can be made for a delayed initiation of prosecution, by the ICC, in order to enable other domestic processes to lay the foundations for sustainable peace. The Brief concludes with recommendations on how a review of the Rome Statute can enable the ICC sequence its retributive justice interventions in order to complement restorative justice processes.
- Sequencing in transitional justice
- Provisions in the Rome Statute that enable the sequencing of punitive justice
- Deferral of investigation or prosecution and the sequencing of justice
- The statute of limitations and the sequencing of justice
- Sequencing and the interests of justice
- The ICC and the sequencing of justice in Africa
- The perceived politicisation of the ICC and the merits of sequencing
- Policy recommendations