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Ch.IV Proceedings before the ICC and the Ad Hoc Tribunals—Overview of and Special Issues

From: Treatise on International Criminal Law: Volume III: International Criminal Procedure

Kai Ambos

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 23 September 2021

Pre-Trial Chamber — International criminal law, conduct of proceedings — Sentencing

This chapter discusses the three phases of international criminal procedure—the investigation phase, the intermediate proceedings, and the trial—and the special issues surrounding these. The investigation phase consists of all activities undertaken by the Prosecutor for the collection of information and evidence. It may be further subdivided into a pre-investigation (preliminary examination) and a formal (actual) investigation phase. The intermediate proceedings then serve to review the charges as the actual result of the prosecutorial investigation. Finally, the trial phase may be further subdivided into three phases: the (normally quite extensive) trial preparation phase, the actual trial with the verdict (‘decision’) upon the guilt or innocence of the accused, and the phase meting out the sentence (‘sentencing’). Procedures of the International Criminal Court (ICC) are compared to those of the ad hoc tribunals.

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