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Part 5 Investigation and Prosecution: Enquête Et Poursuites, Art.58 Issuance by the Pre-Trial Chamber of a warrant of arrest or a summons to appear/Délivrance par la chambre préliminaire d’un mandat d’arrêt ou d’une citation à comparaître

William A. Schabas

From: The International Criminal Court: A Commentary on the Rome Statute (2nd Edition)

William A Schabas

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 23 June 2024

Judges — Elements of crimes — International criminal law, conduct of proceedings — Evidence

This chapter comments on Article 58 of the Rome Statute of the International Criminal Court. Article 58 sets out the accusatory instrument by which an individual ‘suspect’ is put in jeopardy by formal prosecution proceedings. It is subject to the judicial control of the Pre-Trial Chamber. Article 58 has both a substantive and a procedural dimension. The former involves determination by the Pre-Trial Chamber that there are ‘reasonable grounds’ to believe that a suspect has committed a crime within the jurisdiction of the Court. The latter involves determining whether arrest of the suspect is necessary in order actually to exercise jurisdiction, or whether the person concerned will appear voluntarily before the Court.

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