Investigation’s deferral under article 18 of the Rome Statute: procedure and current application

Authors

  • Daniela Suárez Orellana Abogada

Abstract

The article evaluates the sense and approach of the article 18 of Rome Statute and the possibility of interrupting an investigation under analysis by de Office of the Prosecutor of the International Criminal Court. Among other considerations, the article develops the Prosecutor’s duty to notify the States about the opening of an investigation, the standard of proof that applies at this phase, and the investigation’s interrupting as a general rule. The article also includes some considerations concerning the initial treatment of the Afghanistan, The Philippines, and Venezuela I situations.

Keywords:

Article 18, Rome Statute, Deferral, International Criminal Court, Prosecutor, Situation