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6 - Pre-trial proceedings

Published online by Cambridge University Press:  05 August 2011

Gideon Boas
Affiliation:
Monash University, Victoria
James L. Bischoff
Affiliation:
U.S. Department of State
Natalie L. Reid
Affiliation:
Debevoise & Plimpton LLP, New York
B. Don Taylor III
Affiliation:
ICTY, The Hague, The Netherlands
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Summary

The pre-trial phase at the international criminal tribunals begins with the prosecution's submission of proposed charges and ends with the commencement of trial. During this period, which can last up to several years, the participants prepare for trial in those cases where the proposed charges have passed judicial scrutiny, and the accused has not pleaded guilty to some or all of those charges. At the ICC, this stage takes place under the supervision and control of both the pre-trial and trial chambers, as a case is transferred from one to the other after the charges have been confirmed, and typically well before opening statements. At the SCSL, the same judges hear and manage the case through the pre-trial and trial phases. While the same arrangement may occur at the ad hoc Tribunals in some cases, in others, control of each phase is tasked to a different chamber.

This chapter examines six sets of rules and practices that comprise and define the pre-trial phase of the proceedings. Section 6.1 discusses the law governing the submission, review, confirmation, amendment, and withdrawal of charges. Section 6.2 reviews the joinder and severance of charges, accused, and indictments or trials – tools which facilitate the large trials that have come to characterise proceedings at the ICTY, ICTR, and SCSL, and which may yet become an important feature of ICC procedure.

Type
Chapter
Information
International Criminal Law Practitioner Library
International Criminal Procedure
, pp. 176 - 249
Publisher: Cambridge University Press
Print publication year: 2011

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References

Safferling, Christoph, Towards an International Criminal Procedure (2001), p. 276 (arguing that the process of pleading ‘should be removed from the system altogether’)
Jones, John R.W.D. and Powles, Steven, International Criminal Practice (3rd edn 2003), p. 641
Cook, Julian A., III, ‘Plea Bargaining at The Hague’, (2005) 30 Yale Journal of International Law473, 477Google Scholar
Zahar, Alexander, and Sluiter, Göran, International Criminal Law: A Critical Introduction (2008), p. 42
Bohlander, Michael, ‘Plea-Bargaining Before the ICTY’, in Richard May, David Tolbert, John Hocking, Ken Roberts, Bing Bing Jia, Daryl Mundis, and Gabriel Oosthuizen (eds.), Essays on ICTY Procedure and Evidence in Honour of Gabrielle Kirk McDonald (2001), pp. 151–163Google Scholar
Tieger, Alan and Shin, Milbert, ‘Plea Agreements at the ICTY’ (2005) 3 Journal of International Criminal Justice666CrossRefGoogle Scholar
Henham, Ralph and Dumbl, Mark, ‘Plea Bargaining at the International Criminal Tribunal for the Former Yugoslavia’, (2005) 16 Criminal Law Forum49, 81–82CrossRefGoogle Scholar
Ratner, Steven R., Abrams, Jason S., and Bischoff, James L., Accountability for Atrocities in International Law: Beyond the Nuremberg Legacy (3rd edn 2009), pp. 227–228
Scheffer, David, ‘A Review of the Experiences of the Pre-Trial and Appeals Chambers of the International Criminal Court Regarding the Disclosure of Evidence’, in Carsten Stahn and Göran Sluiter (eds.), The Emerging Practice of the International Criminal Court (2009), p. 585Google Scholar
Karnavas, Michael G., Gathering Evidence in International Criminal Trials – The View of the Defence Lawyer', in Michael Bohlander (ed.), International Criminal Justice: A Critical Analysis of Institutions and Procedures (2007), pp. 75–152Google Scholar

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