The role of prosecutorial independence and prosecutorial accountability in domestic human rights trials

A prosecutorial organ is always in charge of the investigation and prosecution of crime, which makes this institution a key gatekeeper to the courts. Empowered with prosecutorial discretion, a prosecutorial organ dictates what, when, and whom to prosecute. The institutional design of the prosecutorial organ varies across time and across countries, which raises an important, yet quite understudied question: Does institutional design matter for how states respond to human rights violations and, if so, how? In this article, I develop a theoretical framework that highlights the importance of prosecutorial independence and prosecutorial accountability. I argue that understanding the factors that impact the use of prosecutorial discretion in human rights cases can potentially provide a more complete understanding of why and when states fail to investigate, to prosecute, and to punish human rights violations committed by state agents.