- Judges — Elements of crimes — International criminal law, conduct of proceedings — Evidence
This chapter comments on Article 61 of the Rome Statute of the International Criminal Court. Article 61 provides for the confirmation hearing, i.e. the mechanism enabling the Pre-Trial Chamber to determine whether the case should be sent to trial and, if so, on what charges. The confirmation hearing has been described as a ‘gatekeeper’ function. According to Judge Steiner, sitting as a Single Judge, ‘[t]he confirmation hearing has a limited scope and by no means can it be seen as an end in itself, but it must be seen as a means to distinguish those cases that should go to trial from those that should not go to trial’. The confirmation hearing is also described as a mechanism ‘designed to protect the rights of the Defence against wrongful and wholly unfounded charges’.
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