Section 29p. 29

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

to a unique investigative opportunity

1. (a) Where the Prosecutor considers an investigation to

present a unique opportunity to take testimony or a

statement from a witness or to examine, collect or test

evidence, which may not be available subsequently for

the purposes of a trial, the Prosecutor shall so inform the

Pre-Trial Chamber.

(b) In that case, the Pre-Trial Chamber may, upon request

of

the

Prosecutor,

take

such

measures

as

may be

necessary to ensure the efficiency and integrity of the

proceedings and, in particular, to protect the rights of the

defence.

(c) Unless the Pre-Trial Chamber orders otherwise, the

Prosecutor shall provide the relevant information to the

person who has been arrested or appeared in response to

a summons in connection with the investigation referred

to in subparagraph (a), in order that he or she may be

heard on the matter.

2. The measures referred to in paragraph 1 (b) may

include:

(a)

Making

recommendations

or

orders

regarding

procedures to be followed;

(b) Directing that a record be made of the proceedings;

(c) Appointing an expert to assist;

(d) Authorizing counsel for a person who has been

arrested, or appeared before the Court in response to a

summons, to participate, or where there has not yet been

such an arrest or appearance or counsel has not been

designated, appointing another counsel to attend and

represent the interests of the defence;

(e) Naming one of its members or, if necessary, another

available judge of the Pre-Trial or Trial Division to observe

and make recommendations or orders regarding the

collection

and

preservation

of

evidence

and

the

questioning of persons;

(f) Taking such other action as may be necessary to

collect or preserve evidence.

3. (a) Where the Prosecutor has not sought measures

pursuant

to

this

article

but

the

Pre-Trial

Chamber

considers that such measures are required to preserve

evidence that it deems would be essential for the defence

at trial, it shall consult with the Prosecutor as to whether

there is good reason for the Prosecutor's failure to request

the measures. If upon consultation, the Pre-Trial Chamber

concludes that the Prosecutor's failure to request such

measures is unjustified, the Pre-Trial Chamber may take

such measures on its own initiative.

(b) A decision of the Pre-Trial Chamber to act on its own

initiative under this paragraph may be appealed by the

Prosecutor. The appeal shall be heard on an expedited

basis.

4. The admissibility of evidence preserved or collected for

trial pursuant to this article, or the record thereof, shall be

governed at trial by article 69, and given such weight as

determined by the Trial Chamber.

ARTICLE 57

Functions and powers of the Pre-Trial Chamber

1. Unless otherwise provided in this Statute, the Pre-Trial

Chamber shall exercise its functions in accordance with

the provisions of this article.

2. (a) Orders or rulings of the Pre-Trial Chamber issued

under articles 15, 18, 19, 54, paragraph 2, 61, paragraph 7,

and 72 must be concurred in by a majority of its judges.

(b) In all other cases, a single judge of the Pre-Trial

Chamber may exercise the functions provided for in this

Statute, unless otherwise provided for in the Rules of

Procedure and Evidence or by a majority of the Pre-Trial

Chamber.

3. In addition to its other functions under this Statute, the

Pre-Trial Chamber may:

(a) At the request of the Prosecutor, issue such orders and

warrants as may be required for the purposes of an

investigation;

(b) Upon the request of a person who has been arrested

or has appeared pursuant to a summons under article 58,

issue such orders, including measures such as those

described in article 56, or seek such cooperation pursuant

to Part 9 as may be necessary to assist the person in the

preparation of his or her defence;

(c) Where necessary, provide for the protection and

privacy of victims and witnesses, the preservation of

evidence, the protection of persons who have been

arrested or appeared in response to a summons, and the

protection of national security information;

(d) Authorize the Prosecutor to take specific investigative

steps within the territory of a State Party without having

secured the cooperation of that State under Part 9 if,

whenever possible having regard to the views of the State

concerned, the Pre-Trial Chamber has determined in that

case that the State is clearly unable to execute a request

for cooperation due to the unavailability of any authority

or any component of its judicial system competent to

execute the request for cooperation under Part 9.

(e) Where a warrant of arrest or a summons has been

issued under article 58, and having due regard to the

strength of the evidence and the rights of the parties

concerned, as provided for in this Statute and the Rules of

Procedure and Evidence, seek the cooperation of States

pursuant to article 93, paragraph 1 (k), to take protective

measures for the purpose of forfeiture, in particular for

the ultimate benefit of victims.

ARTICLE 58

Issuance by the Pre-Trial Chamber of a warrant of arrest

or a summons to appear

1. At any time after the initiation of an investigation, the

Pre-Trial

Chamber

shall,

on

the

application

of

the

Prosecutor, issue a warrant of arrest of a person if, having

examined the application and the evidence or other

information submitted by the Prosecutor, it is satisfied

that:

(a) There are reasonable grounds to believe that the

person has committed a crime within the jurisdiction of

the Court; and

(b) The arrest of the person appears necessary:

(i) To ensure the person's appearance at trial,

(ii) To ensure that the person does not obstruct or

endanger the investigation or the court proceedings, or

(iii) Where applicable, to prevent the person from

continuing with the commission of that crime or a related

crime which is within the jurisdiction of the Court and

which arises out of the same circumstances.

2. The application of the Prosecutor shall contain:

(a) The name of the person and any other relevant

identifying information;

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