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Interest of Justice
Interest of Justice
A group of Acholi leaders met with the Office of the Prosecutor in March 2005 to discuss the potential impact of the ICC on the Ugandan peace process. Credit: ICC-CPI / Hans Hordijk.
Article 53 of the Rome Statute governs the exercise of essential aspects of prosecutorial discretion once the Prosecutor’s power to commence actual investigatory activities has been activated.

From December 2004 to April 2005, the Office of the Prosecutor asked for input from NGOs on the interpretation of the concept of the “Interest of Justice”. The Office of the Prosecutor was particularly interested in hearing from NGOs about their views on the relevance of the issues of security and stability in relation to a decision on whether to initiate an investigation or to proceed with a prosecution. The OTP also expressed their interest in hearing views on the issues of the availability of appropriate alternatives to prosecution and the minimal content these mechanisms should have to satisfy the principle of complementarity on which the Rome Statute is based.

Many NGOs submitted written comments on the question. Moreover, the question of what constitutes the “Interest of Justice” was discussed during consultations held between the Office of the Prosecutor and NGO representatives from 21-24 June 2005.

Background on the Interest of Justice

For more information on the Interest of Justice, please contact Sunil Pal at [email protected].