Rome Statutes of the ICC - Article 64: Functions and powers of the Trial Chamber

Article 64: Functions and powers of the Trial Chamber

The functions and powers of the Trial Chamber set out in this article shall be exercised in accordance with this Statute and the Rules of Procedure and Evidence.

The Trial Chamber shall ensure that a trial is fair and expeditious and is conducted with full respect for the rights of the accused and due regard for the protection of victims and witnesses.

Upon assignment of a case for trial in accordance with this Statute, the Trial Chamber assigned to deal with the case shall:

 - Confer with the parties and adopt such procedures as are necessary to facilitate the fair and expeditious conduct of the proceedings;

 - Determine the language or languages to be used at trial; and

 - Subject to any other relevant provisions of this Statute, provide for disclosure of documents or information not previously disclosed, sufficiently in advance of the commencement or the trial to enable adequate preparation for trial.

The Trial Chamber may, if necessary for its effective and fair functioning, refer preliminary issues to the available judge of the Pre-Trial Division.  

Upon notice to the parties, the Trial Chamber may, as appropriate, direct that there be rejoinder or severance in respect of charges against more than one accused. 

In performing its functions prior to trial or during the course of a trial, the Trial Chamber may, as necessary:

Exercise any functions of the Pre-Trial Chamber referred to in article 61, paragraph 11:

Require the attendance and testimony of witnesses and production of documents and other evidence by obtaining, if necessary, the assistance of States as provided in this Statute;

Provide for the protection of confidential information;

Order the production of evidence in addition to that already collected prior to the trial or presented during the trial by the parties;
Provide for the protection of the accused, witnesses and victims; and
Rule on any other relevant matters.
The trial shall be held in public. The Trial Chamber may, however, determine that special circumstances require that certain proceedings be in closed session for the purposes set forth in article 68, or to protect confidential or sensitive information to be given in evidence.
(a) At the commencement of the trial, the Trial Chamber shall satisfy itself that the accused understands the nature of the charges. It shall admission of the guilt in accordance with article 65 or to plead to guilty.
At the trial, the presiding judge nay give directions for the conduct of proceedings, including to ensure that they are conducted in a fair and impartial manner. Subject to any directions of the presiding judge, the parties may submit evidence in accordance with the provisions of this Statue.
The Trial Chamber shall have , inter alia, the power on application of a party or on its own motion to:
Rule on the admissibility or relevance of evidence; and
Take all necessary steps to maintain order in the course of a hearing.
The Trial Chamber shall ensure that a complete record of the trial which accurately reflects the proceedings, is made and that is maintained and preserved by the Registrar.