Sequencing the Administration of Justice to Enable the Pursuit of Peace: Can the ICC Play a Role in Complementing Restorative Justice?

"This Policy Brief will argue that there are a number of provisions within the Rome Statute which enable the ICC to sequence its interventions in a way that complements efforts to promote peace. Specifically, the Brief will assess the deferral role of the UN Security Council, the non-applicability of the statute of limitations and the Prosecutor’s discretion to initiate an investigation. The Brief will argue that given the multiple dimensions of retributive and restorative justice, a case can be made for a delayed initiation of prosecution, by the ICC, in order to enable other domestic processes to lay the foundations for sustainable peace. The Brief will conclude with recommendations on how a review of the Rome Statute can enable the ICC to sequence its retributive justice interventions in order to complement restorative justice processes."