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Talita de Souza Dias

Situation in the Central African Republic, Prosecutor (on the application of Victims) v Bemba Gombo (Jean-Pierre) and ors, Decision pursuant to Article 61(7)(a) and (b) of the Rome Statute, Case no ICC-01/05-01/13-749, ICC-01/05-01/13-749, ICL 1674 (ICC 2014), 11th November 2014, International Criminal Court [ICC]; Pre Trial Chamber II [ICC]

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 23 August 2019

Whether, under Article 69(4) of the Rome Statute of the International Criminal Court (‘Rome Statute’), an assessment of the admissibility of each piece of evidence was mandatory.

Whether considerations of ‘gravity’ and ‘interests of justice’ applied to the investigation and prosecution of offences under Article 70 of the Rome Statute.

Whether, in accordance with Article 61(7) of the Rome Statute, the applicable standard for a decision confirming the charges was that of sufficient evidence establishing substantial grounds to believe that the suspects had committed each of the offences charged.

Whether the charges against the suspects could be confirmed for the offences against the administration of justice under Articles 70(1)(a), 70(1)(b), and 70(1)(c) of the Rome Statute.

Whether indirect co-perpetration under Article 25(3)(a) of the Rome Statute could be considered as a possible mode of liability, and whether the elements of the modes of liability of (a) direct co-perpetration, (b) ordering, soliciting, or inducing and (c) aiding, abetting, or otherwise assisting were met.

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