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Part 6 The Trial: Le Procès, Art.63 Trial in the presence of the accused/Procès en présence de l’accusé

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, 2021. All Rights Reserved.date: 26 January 2021

Subject(s):
Judges — Elements of crimes — International criminal law, conduct of proceedings — Evidence

This chapter comments on Article 63 of the Rome Statute of the International Criminal Court. Article 63 establishes the right of the accused to be present at trial. For some pre-trial proceedings it is either implicit or explicit that the accused will not be present. This is the case, for example, in the hearing before the Pre-Trial Chamber on a decision by the Prosecutor not to proceed, the taking of evidence in the case of a ‘unique investigative opportunity’, and the issuance of an arrest warrant or summons. A right to be present is specifically provided for some pre-trial proceedings, such as the confirmation hearing. However, the Pre-Trial Chamber is also authorized to hold a confirmation hearing in the absence of the defendant.

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