For those with an interest in international criminal law Professor Jon Heller of University of Auckland has posted a highly recommendable paper on SSRN titled “Situational Gravity Under the Rome Statute”. In it, Heller criticises the Office of the Prosecutor (OTP) for the ICC and the way it decides which cases receives its attention. Heller argues that rather than focusing on the mere number of victims of a particular crime the OTP ought to focus on whether the alleged crimes were committed systematically as part of a plan or policy, whether the alleged crimes offend fundamental values of the international community and whether the alleged crimes were committed by states. In particular the first and the final of these recommendations are worthy of attention.
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