Extrajudicial transitional justice, the International Criminal Court and the interests of justice

Extrajudicial justice can take many different forms, the most problematic of which for legal practitioners is extrajudicial transitional justice. The use of extrajudicial mechanisms raises the issue of the relationship with existing judicial institutions. According to the ICC Statute, the Office of the Prosecutor can refuse to investigate or prosecute when such an investigation or prosecution may not be in the interests of justice. This article explores the legal possibilities, which are in reality minuscule, of one day seeing the ICC choose not to investigate or to prosecute, in the interests of justice, in view of extrajudicial transitional justice mechanisms.