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Comment on the Completion Strategy Question: “What might be some elements of an ICC completion strategy for situations under investigation?”

ark2021
36599
September 12, 2021
4:58 am

article 53(2) said it clearly that :

If, upon investigation, the Prosecutor concludes that there is not a sufficient basis for a prosecution because:

(a) There is not a sufficient legal or factual basis to seek a warrant or summons under article 58;

(b) The case is inadmissible under article 17; or

(c) A prosecution is not in the interests of justice, taking into account all the circumstances, including the gravity of the crime, the interests of victims and the age or infirmity of the alleged perpetrator, and his or her role in the alleged crime; the Prosecutor shall inform the Pre-Trial Chamber and the State making a referral under article 14 or the Security Council in a case under article 13, paragraph (b), of his or her conclusion and the reasons for the conclusion.

now lets answer the questions in the light of the above article

how final is the completion ? the investigation will not be completed unless the prosecutor arrives at a conclusion enumerated in (a), (b) and (c) above. once there is enough data to arrive at the conclusions above, the investigation is then complete.

questions 2 and 3 should be dealt in detail. i am putting more detail manuals or handbooks prepared by competent authority here. you should go by them. there you find your answers.

Investigation Manual for War Crimes, Crimes Against Humanity and Genocide in Bosnia and Herzegovina prepared by organization for security and cooperation of europe. follow the link

https://www.osce.org/bih/281491

there is an institute for international criminal investigations. you get their resources and publication. there you may get your answer. link is here

https://iici.global/publications/

there is this auswitz institute manual for prevention of genocide and mass atrocity in great lake region of africa. they have this training manual :

http://www.auschwitzinstitute.org/training-resource-manual/

there is a criminal investigation manual for international crime by folk bernadette institute. link is here

international nuremburg principle academy published another resource on investigation of international crime

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