Tuesday, June 29, 2010

[In the News] Prosecutor's office vists Georgia in preliminary examination

The ICC's Office of the Prosecutor recently concluded its second visit to Georgia, a state party to the Rome Statute, as part of a preliminary investigation. The purpose of the visit was to discover if any crimes were committed during the 2008 conflict in South Ossetia, and to monitor if the national investigations looking into such crimes were credible and effective.

The Prosecutor has stated that there will be no impunity for crimes committed in Georgia, but has also urged that the principle of complementarity be upheld, meaning that the investigations or prosecutions must be carried out by domestic authorities if at all possible.

The outcome of the preliminary investigation will determine whether to open an ICC investigation into the situation in Georgia. In order for this to happen the preliminary investigation must conclude that the crimes fall within the ICC's jurisdiction, that genuine and competent investigations are not being carried out domestically, and that opening an investigation would be in the interest of justice. Whether any or all of these criteria would be fulfilled remains to be seen. Photo credit: Nations Online

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