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E - Charges and Confirmation Hearing

Published online by Cambridge University Press:  19 October 2018

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Summary

This Chapter illuminates the guidance provided by the Appeals Chamber of the International Criminal Court on charges and the confirmation of charges hearing. The Appeals Chamber has noted that the right of the accused person to be informed of the charges against them is firmly grounded in the Rome Statute and other legal instruments of the Court. However, the regulatory framework of the Court does not provide much detail as to what constitutes the “nature” of the charges. Consequently, there was an emerging need for judicial intervention to clarify the nature of the charges on which a person is brought to trial. This chapter explains that while the Appeals Chamber has held that the Prosecution has a broad discretion to amend the charges prior to the confirmation hearing, any amendments to the charges after they have been confirmed are strictly regulated by article 61(9) of the Rome Statute. This chapter also enquires into the rules and principles that relate to the confirmation of charges hearing as well as discusses the evidentiary rules applicable at the confirmation of charges hearing and the Pre-Trial Chamber’s power to evaluate evidence in this context.
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The Appeals Chamber of the International Criminal Court
Commentary and Digest of Jurisprudence
, pp. 179 - 204
Publisher: Cambridge University Press
Print publication year: 2018

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