The exercise of prosecutorial discretion at the International Criminal Court is a mysterious proc... more The exercise of prosecutorial discretion at the International Criminal Court is a mysterious process with powerful political consequences. Much criticism of the Court's prosecutorial direction have been aimed at its alleged inconsistency and over-focus on certain actors. This dissertation will evaluate such criticisms and use distinctions of state and non-state actors as a lens through which to observe the prosecutorial choices, to highlight an alternate perspective of bias by the Court. This dissertation will argue that the Court's over-focus on relatively powerless non-state actors and avoidance of powerful state actors is actively widening the impunity gap for state crime, as well as playing an unstated and unexamined governance role in regulating the activities of 'unruly' non-state actors.
The exercise of prosecutorial discretion at the International Criminal Court is a mysterious proc... more The exercise of prosecutorial discretion at the International Criminal Court is a mysterious process with powerful political consequences. Much criticism of the Court's prosecutorial direction have been aimed at its alleged inconsistency and over-focus on certain actors. This dissertation will evaluate such criticisms and use distinctions of state and non-state actors as a lens through which to observe the prosecutorial choices, to highlight an alternate perspective of bias by the Court. This dissertation will argue that the Court's over-focus on relatively powerless non-state actors and avoidance of powerful state actors is actively widening the impunity gap for state crime, as well as playing an unstated and unexamined governance role in regulating the activities of 'unruly' non-state actors.
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