Procedural Rules
The ICC operates under a legal framework established by the Rome Statute, the Rules of Procedure and Evidence, and the Regulations of the Court. These instruments govern the Court's structure, trial processes, and the rights of participants. Key procedural aspects include:
Pre-Trial Proceedings: A Pre-Trial Chamber reviews evidence and determines whether there is sufficient basis to confirm the charges before a case proceeds to trial.
Trial Proceedings: Trials are conducted publicly and follow fundamental due process guarantees. Defendants are entitled to legal representation, the presumption of innocence, and the right to appeal.
Victims' Participation: The ICC allows victims to participate in proceedings independently of the prosecution, including the right to present views and concerns. Victims may also seek reparations for harm suffered.
Enforcement of Sentence: Sentences are enforced by State Parties that voluntarily agree to host convicted individuals, in accordance with international standards of detention.
Complementarity Principle: The ICC acts as a court of last resort. It can only prosecute cases when national jurisdictions are unwilling or unable to genuinely investigate or prosecute the alleged crimes.
Case: From Start to Finish
The progression of a case through the ICC involves several distinct stages:
- Preliminary Examinations: The Office of the Prosecutor assesses information on alleged crimes to determine whether there is a reasonable basis to proceed with an investigation. This involves factors such as jurisdiction, admissibility, and the interests of justice.
- Investigations: Upon initiating an investigation, the Prosecutor gathers and examines evidence, interviews witnesses and victims, and identifies suspects. The goal is to establish sufficient grounds to support the issuance of arrest warrants or summonses to appear before the Court.
- Pre-Trial Stage: This phase includes the initial appearance of the suspect, confirmation of charges hearings, and decisions on whether the case should proceed to trial. The Pre-Trial Chamber ensures that the suspect's rights are respected and that there is sufficient evidence to establish substantial grounds to believe that the suspect committed the alleged crimes.
- Trial Stage: During the trial, the Prosecutor and the Defense present their evidence and arguments before the Trial Chamber. The accused is presumed innocent until proven guilty beyond a reasonable doubt. Victims may also participate in proceedings, and the Trial Chamber ultimately issues a verdict and, if applicable, a sentence.
- Appeals Stage: Both the Defense and the Prosecutor have the right to appeal the Trial Chamber's decision on grounds of procedural errors, legal errors, or factual errors. The Appeals Chamber reviews the submissions and can uphold, reverse, or amend the original decision.
- Enforcement of Sentence: If a conviction is upheld, the sentence is enforced in a stage designated by the Court from a list of willing states. The ICC relies on the cooperation of states to enforce sentences, as it does not have its own prison facilities.