Re:US Bars Entry to International Criminal Court Investigators
by derefr on Friday March 15, 2019 @07:12PM
(#19405199)
Oh, I didn't mean during the trial (where, yes, it's the defense council's job); I meant before the trial. Like, "Why are we trying to demand that country X turn over Lord Notsobad? We don't have anything on them."
The ICC has a multilateral "Office of the Prosecutor" to go along with its multilateral court, and that prosecutor, just like any other prosecutor, can be talked down from an indictment, or convinced to drop charges, before the trial begins. I presume that the member-nation delegates can go to the prosecutor, just like city police can go to a regular municipal prosecutor, and say "Hey, why do you think we'll win this? This is silly. Don't charge the guy. Or drop the charges. They won't stick."
No, while the Assembly of State Parties oversees the operation of the Court institutions, I can't find any indication that individual members of the Assembly have the privilege to appear before the Court in particular cases that way.
Representing that a defendant is not guilty is a function for defense counsel; the Assembly of State Parties acts essentially as a legislative body.