False Positives, False Negatives, and Prosecutorial Discretion regarding the Jurisdiction of the ICC

About/Bio

Anthony Abato is Legal Officer at the Special Tribunal for Lebanon. He is licensed to practice law in Canada and the United States, and he holds an LL.B from Dalhousie University, Canada, and an LL.M. from Leiden University. He specialises in public interest litigation and criminal law

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False Positives, False Negatives, and Prosecutorial Discretion regarding the Jurisdiction of the ICC

March 9, 2020

Anthony Abato

Critics of the ICC Prosecutor’s request for a determination under article 19(3) in the Situation in the State of Palestine are right to point out that she could have simply launched an investigation without seeking such a ruling. As this critique goes, the Prosecutor has the authority to investigate a State referral without seeking the…