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International Prosecutors$
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Luc Reydams, Jan Wouters, and Cedric Ryngaert

Print publication date: 2012

Print ISBN-13: 9780199554294

Published to Oxford Scholarship Online: September 2012

DOI: 10.1093/acprof:oso/9780199554294.001.0001

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Completion

Completion

Chapter:
(p.886) 15 Completion
Source:
International Prosecutors
Author(s):

Kevin Jon Heller

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199554294.003.0015

With the exception of the International Criminal Court, all of the past or present international tribunals have either completed their work or are scheduled to complete their work in the relatively near future. In some cases, such as the Nuremberg Military Tribunals, the Office of the Prosecutor (OTP) was intimately involved in planning the final phase of the Tribunal's existence. In others, such as the Special Panels for Serious Crimes in East Timor, the OTP played little or no role in the decision-making process. In every case, though, the decision to close a tribunal has had a significant impact on the OTP's ability to fulfil its mandate, however defined. This chapter explores that impact. Section 2 describes the various strategies that tribunals have pursued to complete their work. Section 3 provides a comprehensive analysis of the ways in which those strategies have threatened, and continue to threaten, the legitimacy, independence, and effectiveness of the prosecutorial function. Finally, Section 4 discusses the lessons that current and future tribunals can learn from those completion strategies.

Keywords:   Office of the Prosecutor, mandates, prosecution, Nuremberg, East Timor

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