- Elements of crimes — Pre-Trial Chamber — International criminal law, conduct of proceedings — Evidence
This chapter comments on Article 95 of the Rome Statute of the International Criminal Court. Article 95 is part of an ensemble of provisions addressing the modalities of compliance with a request from the Court. It concerns challenges to admissibility, and allows a State to postpone compliance pending resolution of an admissibility challenge. The operation of article 95 is not dependent upon an initial determination by the Court. It is a prerogative that a State may exercise provided the necessary pre-requisites are in place. Thus, ‘the postponement of the execution of a surrender request while an admissibility challenge is pending falls within the prerogatives of the requested State and does not require a Chamber's prior authorization’.
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