MultiRights Seminar: The New Victor's Justice vs. the Principle of Evenhandedness: Prosecutorial Selectivity from the Rwanda Tribunal to the ICC
Victor Peskin, Assistant Professor at the School of Global Studies at the College of Liberal Arts and Sciences, will present one of his lates works at the next MultiRights Seminar.
This paper explores the new victor's justice, a phenomenon in which international chief prosecutors only seek indictments against suspects from one side of an armed conflict even when suspects from the other sides are implicated in grave atrocities. The paper examines the political pressures that may block a prosecutor from issuing indictments against suspects from all sides as well as the more subtle ways in which the prospect of political risk may preempt rigorous investigations. The paper then assesses some of the main legal reasons chief prosecutors use to legitimate decisions to only target one side. This analysis focuses on how a prosecutor's decisions to pursue one-sided indictments are influenced by interpretation of mandate, determination of what constitutes grave crimes, the sequencing of investigations, and how much deference is paid to domestic judiciaries under the principle of complementarity.
For more information and reading material related to this seminar, please contact our project coordinator.
Kjetil M. Larsen