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Part V Fairness and Expeditiousness of ICC Proceedings, 36 Trial Procedures—With a Particular Focus on the Relationship between the Proceedings of the Pre-Trial and Trial Chambers

Håkan Friman

From: The Law and Practice of the International Criminal Court

Edited By: Carsten Stahn

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 20 March 2023

Pre-Trial Chamber — Admissibility of evidence — International criminal law, evidence

The length of proceedings before the ICC has been an issue of concern. ICC proceedings at pre-trial and trial have been slow and can be improved. Based on a study of existing cases (e.g. Lubanga, Katanga and Ngudjolo Chui), this chapter highlights some areas that deserve closer review, in particular, consistency and coordination between the Pre-Trial and Trial Chambers, both of which are engaged in trial preparations. The chapter shows that the current combination of the two procedural stages is dysfunctional, and argues that the centre of gravity in criminal proceedings should be the first-instance trial, while the confirmation hearing should be seen as a supplementary process. The space of the Pre-Trial Chamber to prepare trial by resolving issues of disclosure, redactions, or admissibility of evidence is rather limited.

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