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
Pages: 11
Dimensions: A5
Publisher: IJR
Distributor: IJR
Date of publication: 1 June 2010
ISBN: 978-1-920355-47-0
Price: free
Only available electronically

 

DESCRIPTION

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.

CONTENTS

  • Introduction
  • 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
  • Conclusion