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Sequencing the administration of justice to enable the pursuit of peace. Can the ICC play a role in complementing restorative justice?

Murithi, Timothy
June 4, 2015

Source: (2010) IJR Policy Brief, No. 1. Wynberg, South Africa:Institute for Justice and Reconcilation.

This Policy Brief will argue that there are a number of provisions within the Rome
Statute which enable the ICC to sequence its interventions in a way that complements
efforts to promote peace. Specifically, the Brief will assess 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 will argue 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 will conclude with recommendations on
how a review of the Rome Statute can enable the ICC to sequence its retributive justice
interventions in order to complement restorative justice processes. (excerpt)


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