Case Selection and Crimes Under the Rome Statute

Abstract

Once a preliminary examination proceeds to investigation, the Office of the Prosecutor has the task of selecting and prioritising potential cases that could surface before the Court. This chapter examines the criteria for case selection and prioritisation followed by a discussion of possible charges that could be prosecuted before the International Criminal Court in the context of the Israeli-Palestinian conflict. The scope of the preliminary examination is limited by various jurisdictional parameters. As this study deals with the same issue in light of the Rome Statute, the Elements of Crimes, the criteria for case selection, it does not examine all possible cases that may emanate from the situation in Palestine. It rather discusses alleged crimes that represent ‘the true extent of criminality’ and ‘the scale and impact’ of the alleged crimes in the situation that fall within the jurisdiction of Court. Amongst the core crimes of the Statute, the study examines possible war crimes and crimes against humanity allegedly committed in the Palestine situation, emphasising cases with legal issues unique to the situation.