Quality Control in the Preliminary Examination of Civil Society Submissions

Pre-investigations within criminal justice systems have recently garnered much attention with regard to core international crimes. Careful scrutiny is warranted as this is one of the most sensitive stages of such proceedings, often characterized by a complex mixture of factors such as: broad prosecutorial discretion, limited public communication, delays, high public expectations, and political pressure. Civil society organizations (‘CSOs’) involved in such proceedings as triggers of (pre-)investigations into egregious crimes and mass human rights violations have a unique vantage point in these proceedings. Those CSOs, which are usually in close contact with victims of such violations, are particularly well-placed to observe the pre-investigation stage of criminal proceedings, including experiencing how deficiencies in preliminary examinations can be fatal to the prosecutorial process. This chapter aims to provide some observations and critical remarks drawn from the practical experience of the authors in their work as part of a CSO as well as from an academic standpoint, both (1) at the domestic level, specifically in Germany, and (2) at the International Criminal Court (‘ICC’).