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Part 5 Investigation and Prosecution: Enquête Et Poursuites, Art.60 Initial proceedings before the Court/Procédure initiale devant la cour

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: 13 June 2024

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

This chapter comments on Article 60 of the Rome Statute of the International Criminal Court. Article 60 governs the initial appearance of the suspect before the Court. It mainly concerns the issue of interim release once the suspect is in the Court's custody. The title of article 60, ‘Initial proceedings before the Court’, is only partially accurate because a great deal of judicial activity occurs between the issuance of an arrest warrant or a summons to appear, governed by article 58, the arrest in the custodial State pursuant to article 59, and the confirmation hearing held in accordance with article 61. This process typically takes about a year. With some exceptions, the suspect will spend this period in the Court's Detention Unit in The Hague.

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