Abstract

In the global fight against impunity for war crimes, crimes against humanity and genocide, the capacity to prosecute individuals rests in the hands of domestic criminal or special prosecutors. While international prosecutions of core crimes are an important element of ensuring there is no safe haven for war criminals, pragmatic considerations of jurisdiction ensure that domestic prosecutions will remain highly relevant. This paper examines the influence of the global effort to prosecute core crimes on the exercise of prosecutorial discretion in Canada. It asks whether the principle of complimentarity does or ought to have an impact on the exercise of prosecutorial discretion in Canada. It concludes that the exercise of prosecutorial discretion must be more transparent and accountable to effectively contribute to the global fight against impunity.

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