Strategising International Prosecutions: How Might the Work of the Kosovo Specialist Prosecutor’s Office Come to Be Judged?

In: International Criminal Law Review
Matthew E. Cross International Criminal Court, The Hague, The Netherlands,

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Prosecutorial decision-making which is not only lawful and ethical but which fosters prosecutorial legitimacy—and which is adapted within that framework to best serve the prosecutor’s mandate, taking account of the relevant circumstances and the broader social interests—may form the basis for a successful prosecutorial strategy. At least five strategic processes may be very significant in this respect, including: situation selection (if applicable), case selection, leveraging of legitimacy to promote cooperation, expression of values, and exit management. A coherent vision of these processes may promote a coherent prosecutorial strategy for the Kosovo Specialist Prosecutor’s Office (spo). Prosecutorial strategy can only ever be analysed ‘from the outside’ with considerable modesty, yet six preliminary conclusions and observations can nonetheless be drawn as to the path which the spo may adopt.

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