- Judges — Elements of crimes — International criminal law, conduct of proceedings — Evidence
This chapter comments on Article 58 of the Rome Statute of the International Criminal Court. Article 58 sets out the accusatory instrument by which an individual ‘suspect’ is put in jeopardy by formal prosecution proceedings. It is subject to the judicial control of the Pre-Trial Chamber. Article 58 has both a substantive and a procedural dimension. The former involves determination by the Pre-Trial Chamber that there are ‘reasonable grounds’ to believe that a suspect has committed a crime within the jurisdiction of the Court. The latter involves determining whether arrest of the suspect is necessary in order actually to exercise jurisdiction, or whether the person concerned will appear voluntarily before the Court.
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