ABSTRACT

In searching for a convincing notion of international criminal justice (ICJ), the Preamble to the Rome Statute of the International Criminal Court (ICC) is an obvious starting point. The harm prevention paradigm for ICJ exacerbates the strain between national and international justice considerations, while at the same time offering new opportunities for international criminal law (ICL) and procedure to create a novel and more fit-for-purpose global criminal jurisprudence. The role of the prosecutor in the ICC still envisages a community representation at least by recognising the shock to the conscience of humanity caused by the crimes and the resultant collective moral investment in their prosecution. In the international jurisdiction, rights as a feature of criminal justice represent a more variegated terrain. The Rome Statute identifies a focus on individual persons for the purposes of prosecution. The chapter also provides an outline of this book.