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7 - Investigation and Pre-Trial Procedure

Published online by Cambridge University Press:  09 June 2020

William A. Schabas
Affiliation:
Middlesex University, London
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Summary

The Prosecutor begins by identifying situations for ‘preliminary examination’. A list of countries being considered for publication is published on the website of the Court. The Prosecutor reports annually to the Assembly of States Parties on the situations being considered at the preliminary examination stage. After deciding to proceed with an investigation, the Prosecutor applies for warrants of arrest or summonses to appear. When the accused appears before the Court, it may decide to allow interim release although detention during the proceedings appears to be the general rule. The case will not proceed for trial in the absence of the accused. The Pre-Trial Chamber must confirm the charges, following a hearing. The Pre-Trial Chamber also oversees the preparation of the case for trial, including disclosure of prosecution evidence to the defence.

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Publisher: Cambridge University Press
Print publication year: 2020

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