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The Law and Practice of the International Criminal Court edited by Stahn, Carsten (1st May 2015)

Part V Fairness and Expeditiousness of ICC Proceedings, 35 Confirmation of Charges

Ignaz Stegmiller

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, 2015. All Rights Reserved.date: 30 March 2020

Subject(s):
International criminal law, conduct of proceedings — International criminal law, evidence

This chapter assesses the judicial efficiency of the ICC’s confirmation of charges proceedings. It reviews existing jurisprudence and addresses aspects of the adversarial nature of the proceedings, including disclosure and other procedural issues. It examines the impact of current practice on pre-trial preparation, the conduct of trials, and the overall duration of ICC proceedings. Particular emphasis is placed on the relationship between pre-trial and trial proceedings, including analysis of the post-confirmation modification of legal characterizations (Regulation 55 of the Regulations of the Court) and its importance for the design of the confirmation phase. The chapter concludes that future confirmation hearings and amendments should focus on judicial efficiency and the limited purpose of the hearing, which is submitting charges on trial or denying a confirmation on the basis of a considerably low legal threshold.

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