Attempts at drug control in Colombia,Peru and Bolivia

The paper analyzes as part of a broader study the drug-control policy of the cocacocaine producing countries of Colombia, Perú and Bolivia, beginning with a short introduction of the political framework. The legal and political emphasis of this policy lies in the area of control and repression, which therefore is analysed in more detail. One can recognize a (substantial) tendency towards overcriminalisation linked to easier (procedural) possibilities of criminal prosecution and punishment (II). However, this questionable policy, when examined from a civil rights standpoint, proves to be of limited efficacy: given the continuing flow of cocaine to the US and the expanding trade to Europe, the policy can hardly pass a qualitative test considering the quantitative evidence (III). There are basically two alternatives from the viewpoint of the producing countries: the international commercialisation of coca and alternative development; from the viewpoint of the consumer countries the controlled legalisation (IV).This article is based on criminological research about the drug policies of Colombia, Peru and Bolivia, which was accepted at the end of 1992 as a doctoral thesis by the Law Faculty of the University of Munich. It attempts to summarize the substantial results of this research but is compelled, due to its limited scope, to frequently refer to previous publications (Ambos, 1993, 1994).This article was published in an earlier German version in Monatsschrift für Kriminologie und Strafrechtsreform, vol. 76, No. 4/1993, pp. 206–226, in a Spanish version in: Cuadernos de Política Criminal (Madrid) No. 53 (1994) pp. 629–667 and Revista dela Facultad de Ciencias Jurídicas y Politicas, No. 98 (1996), Universidad Central de Venezuela, Caracas, pp. 343–390. — I am indebted to Prof. Daniel Nesereko, University of Botswana for refining the English version and critial comments.     

Prosecuting international crimes at the International Criminal Court: is there a coherent and comprehensive prosecution strategy?

The authors analyze the so far published selection and strategy papers of the Office of the Prosecutor (“OTP”) of the International Criminal Court (“ICC”) with a view to their consistency, coherence and comprehensiveness. Given the high number of communications and referrals to the ICC a focused strategy setting out the criteria for situation and case selection and prioritization should be one of the priorities of the Prosecutor. Thus far the Office has developed a strategic framework guided by four fundamental principles: focused investigations, positive complementarity, the interests of the victims and the impact of the OTP’s work. These four principles are critically evaluated by the authors in light of the ICC Statute and existing case law. In particular the positive complementarity approach, focusing on the cooperation with national jurisdictions and enhancing their own capacity to prosecute, is to be welcomed and reflects a realistic prosecutorial policy approach. The cooperation between the OTP and Germany in the prosecution of the leadership of the FDLR is a good case in point. Only such a close interaction with national jurisdictions enables the ICC to contribute to the further closing of the impunity gap. Yet, the OTP must still more precisely define its position with regard to the criteria used for the selection of situations and cases. Thus, a priority for the new Prosecutor should be the drafting of a more precise and comprehensive strategy, integrating the already existing policy and strategy papers as well as drawing on lessons learned.