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Part 5 Investigation and Prosecution: Enquête Et Poursuites, Art.55 Rights of persons during an investigation/Droits des personnes dans le cadre d’une enquête

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

This chapter comments on Article of 55 the Rome Statute of the International Criminal Court. Article 55 sets out the rights of persons during an investigation. It consists of two paragraphs, the first of general application to all persons ‘[i]n respect of an investigation; the second applicable to a suspect when that person is about to be questioned, either by the Prosecutor or by national authorities acting on behalf of the Court’. The words ‘[i]n respect of an investigation under this Statute’ are understood as encompassing ‘any investigative steps that are taken either by the Prosecutor or by national authorities at his or her behest. Conversely, an investigation conducted by an entity other than the Prosecutor, and which is not related to proceedings before the Court, does not trigger the rights under article 55 of the Statute’.

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