The Gravity Threshold under the ICC Statute: Gravity Back and Forth in Lubanga and Ntaganda

in International Criminal Law Review
Restricted Access
Get Access to Full Text
Rent on DeepDyve

Have an Access Token?



Enter your access token to activate and access content online.

Please login and go to your personal user account to enter your access token.



Help

Have Institutional Access?



Access content through your institution. Any other coaching guidance?



Connect

Abstract

The Prosecutor must exercise prosecutorial selection due to his limited capacity. Therefore, Article 53 provides a complicated corset that has to be applied in a consistent manner. One of the central themes is gravity, which has generated early case law in Lubanga and Ntaganda. In this article, the author argues that the notion of gravity entails two different layers: a legal gravity threshold and a relative (discretionary) gravity assessement, linked to Article 53(1)(b), 17(1)(d) and Article 53(1)(c) respectively. As will be shown below, neither the OTP nor the Chambers have developed a congruent gravity approach. Starting from the author's basic distinction between two gravity facets, the ICC's actors are now able to fill in the blanks: they must sort out legal and policy criteria and apply them accordingly under legal or relative gravity.

The Gravity Threshold under the ICC Statute: Gravity Back and Forth in Lubanga and Ntaganda

in International Criminal Law Review

Sections

Index Card

Content Metrics

Content Metrics

All Time Past Year Past 30 Days
Abstract Views 5 5 2
Full Text Views 6 6 6
PDF Downloads 6 6 6
EPUB Downloads 0 0 0