The Confirmation of Charges Process at the International Criminal Court
According to the Rome Statute of the International Criminal Court (ICC), The Pre-Trial Chamber must hold a hearing to confirm the charges against an accused person within a reasonable time after that person has been taken into the custody of the Court. At the close of the hearing, the Pre-Trial Chamber must determine whether there is sufficient evidence to establish substantial grounds to believe that the accused committed the crimes charged by the Prosecutor. The Chamber may then confirm the charges and commit the accused to trial; decline to confirm the charges; or adjourn the hearing and request the Prosecutor to consider providing further evidence or amending a charge. At the time this report was written, the ICC confirmed the charges in two cases—namely, in the case against Thomas Lubanga Dyilo and in the joint case against Germain Katanga and Matheiu Ndgudjolo Chui. Focusing on these two cases, the aim of this report is to analyze the confirmation process as carried out by the Court thus far—both in terms of the manner in which the drafters of the Rome Statute seemed to have envisioned the process, as well as with respect to issues not necessarily anticipated by the drafters—and to make recommendations as to how the process might be improved for future accused.
International Criminal Court, Confirmation of charges, Pre-Trial Chamber, Thomas Lubanga Dyilo, Germain Katanga, Mathieu Ngudjolo Chui, Investigating Chamber
Criminal Law | Law
SáCouto, Susana and Katherine Cleary. “The Confirmation of Charges Process at the International Criminal Court.” In Derechos Humanos, Relaciones Internacionales y Globalización, edited by Joaquín González, 331-380. 2nd ed. Bogotá, D.C. Columbia: Grupo Editorial Ibáñez, 2009.