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6 - Pre-trial proceedings

Published online by Cambridge University Press:  05 August 2011

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

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

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