eprintid: 10105066 rev_number: 19 eprint_status: archive userid: 608 dir: disk0/10/10/50/66 datestamp: 2020-07-15 13:58:33 lastmod: 2022-09-21 15:20:20 status_changed: 2020-07-15 13:58:33 type: article metadata_visibility: show creators_name: Urs, P title: Judicial Review of Prosecutorial Discretion in the Initiation of Investigations into Situations of 'Sufficient Gravity' ispublished: pub divisions: UCL divisions: A01 divisions: B03 divisions: C02 note: This version is the author accepted manuscript. For information on re-use, please refer to the publisher’s terms and conditions. abstract: In the admissibility framework of the Rome Statute, the Prosecutor’s discretion as to whether to initiate an investigation into a situation includes the application of the open-textured requirement of ‘sufficient gravity’ specified in Article 17(1)(d). Pre-Trial Chamber oversight is designed to discipline the exercise of this discretion, but, in the absence of statutory guidance, the Pre-Trial Chambers are left themselves to articulate the standards of review of the Prosecutor’s admissibility assessments under relevant provisions, namely Articles 53(3)(a) and 15(4) of the Statute. The confused body of Pre-Trial Chamber practice to date poses the question as to what ought to be the standard of review of the Prosecutor’s admissibility assessment under each provision. This article teases apart and scrutinizes the standards of review that the Pre-Trial Chambers have applied in practice. By disaggregating the procedural contexts in which the Prosecutor’s admissibility assessments are made and analysing in each context the underlying interests at stake, it seeks to arrive at the appropriate standard of judicial review of the Prosecutor’s gravity assessment under each provision. date: 2020-09 date_type: published publisher: Oxford University Press (OUP) official_url: http://doi.org/10.1093/jicj/mqaa035 oa_status: green full_text_type: other language: eng primo: open primo_central: open_green verified: verified_manual elements_id: 1797261 doi: 10.1093/jicj/mqaa035 lyricists_name: Urs, Priya lyricists_id: PURSX16 actors_name: Urs, Priya actors_id: PURSX16 actors_role: owner full_text_status: public publication: Journal of International Criminal Justice volume: 18 number: 4 pagerange: 851-879 citation: Urs, P; (2020) Judicial Review of Prosecutorial Discretion in the Initiation of Investigations into Situations of 'Sufficient Gravity'. Journal of International Criminal Justice , 18 (4) pp. 851-879. 10.1093/jicj/mqaa035 <https://doi.org/10.1093/jicj%2Fmqaa035>. Green open access document_url: https://discovery.ucl.ac.uk/id/eprint/10105066/1/Urs_Judicial%20Review%20of%20Prosecutorial%20Discretion%20in%20the%20Initiation%20of%20Investigations%20into%20Situations%20of%20%27Sufficient%20Gravity%27.pdf