Rome Statutes of the ICC - Article 61: Confirmation of the charges before trial

Article 61:  Confirmation of the charges before trial

Subject to the provisions of paragraph 2, within a reasonable time after the person's surrender or voluntary appearance before the Court, the Pre-Trial Chamber shall hold a hearing to confirm the charges on which the Prosecutor intends to confirm the charges on which the Prosecutor intends to seek trial.  The hearing shall be held in the presence of the Prosecutor and the person charged, as well as his or her counsel.

The Pre-Trial Chamber may, upon request of the Prosecutor or on its own motion, hold a hearing in the absence of the person charged to confirm the charges on which the Prosecutor intends to seek trial when the person has:

 - Waived his or her right to be present; or

 - Fled or cannot be found and all reasonable steps have been taken to secure his or her appearance before the Court and to inform the person of the charges and that a hearing to confirm those charges will be held.

In that case, the person shall be represented by counsel where the Pre-Trial Chamber determines that it is within the interests of justice.

Within a reasonable time before the hearing, the person shall:

 -- Be provided with a copy of the document containing the charges on which the Prosecutor intends to bring the person to trial; and

 - Be informed of the evidence on which the Prosecutor intends to rely at the hearing.

The Pre-Trial Chamber may issue orders regarding the disclosure of information for the purposes of the hearing.

Before the hearing, the Prosecutor may continue the investigation and may amend or withdraw any charges.  The person shall be given reasonable notice before the hearing of any amendment to or withdrawal of charges.  In case of a withdrawal of charges, the Prosecutor shall notify the Pre-Trial Chamber of the reasons for the withdrawal.

At the hearing, the Prosecutor shall support each charge with sufficient evidence to establish substantial grounds to believe that the person committed the crime charged.  The Prosecutor may rely on documentary or summary evidence and need not call the witnesses expected to testify at the trial.

At the hearing, the person may:

 - Object to the charges; 

 - Challenge the evidence presented by the Prosecutor; and

 - Present evidence

The Pre-Trial Chamber shall, on the basis of the hearing, determine whether there is sufficient evidence to establish substantial grounds to believe that the person committed each of the crimes charged.  

Based on its determination, the Pre-Trial Chamber shall:

 - Confirm those charges in relation to which it has determined that there is sufficient evidence, and commit the person to a Trial Chamber for trial on the charges as confirmed;

 - Decline to confirm those charges in relation to which it has determined that there is insufficient evidence;

 - Adjourn the hearing and request the Prosecutor to consider:

 - (i) Providing further evidence or conducting further investigation with respect to a particular charge;  or

 - (ii) Amending a charge because the evidence submitted appears to establish a different crime within the jurisdiction of the Court.

Where the Pre-Trial Chamber declines to confirm a charge, the Prosecutor shall not be precluded from subsequently requesting its confirmation if the request is supported by additional evidence.  

After the charges are confirmed and before the trial has begun, the Prosecutor may, with the permission of the Pre-Trial Chamber and after notice to the accused, amend the charges.  If the Prosecutor seeks serious charges, a hearing under this article to confirm those charges must be held.  After commencement of the trial, the Prosecutor may, with the permission of the Trial Chamber, withdraw the charges.

Any warrant previously issued shall cease to have effect with respect to any charges which have not been confirmed by the Pre-Trial Chamber of which have been withdrawn by the Prosecutor.

Once the charges have been confirmed in accordance with this article, the Presidency shall constitute a Trial Chamber which, subject to paragraph 8 and to article 64, paragraph 4, shall be responsible for the conduct of subsequent proceedings and may exercise any function of the Pre-Trial Chamber that is relevant and capable of application in those proceedings.