Section 31p. 31

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

(a) Waived his or her right to be present; or

(b) Fled or cannot be found and all reasonable steps have

been taken to secure his or her appearance before the

Court and to inform the person of the charges and that a

hearing to confirm those charges will be held.

In that case, the person shall be represented by counsel

where the Pre-Trial Chamber determines that it is in the

interests of justice.

3. Within a reasonable time before the hearing, the

person shall:

(a) Be provided with a copy of the document containing

the charges on which the Prosecutor intends to bring the

person to trial; and

(b) Be informed of the evidence on which the Prosecutor

intends to rely at the hearing.

The Pre-Trial Chamber may issue orders regarding the

disclosure of information for the purposes of the hearing.

4. Before the hearing, the Prosecutor may continue the

investigation and may amend or withdraw any charges.

The person shall be given reasonable notice before the

hearing of any amendment to or withdrawal of charges.

In case of a withdrawal of charges, the Prosecutor shall

notify the Pre-Trial Chamber of the reasons for the

withdrawal.

5. At the hearing, the Prosecutor shall support each

charge with sufficient evidence to establish substantial

grounds to believe that the person committed the crime

charged. The Prosecutor may rely on documentary or

summary evidence and need not call the witnesses

expected to testify at the trial.

6. At the hearing, the person may:

(a) Object to the charges;

(b) Challenge the evidence presented by the Prosecutor;

and

(c) Present evidence.

7. The Pre-Trial Chamber shall, on the basis of the hearing,

determine

whether

there

is

sufficient

evidence

to

establish substantial grounds to believe that the person

committed each of the crimes charged. Based on its

determination, the Pre-Trial Chamber shall:

(a) Confirm those charges in relation to which it has

determined that there is sufficient evidence, and commit

the person to a Trial Chamber for trial on the charges as

confirmed;

(b) Decline to confirm those charges in relation to which

it has determined that there is insufficient evidence;

(c) Adjourn the hearing and request the Prosecutor to

consider:

(i)

Providing

further

evidence or conducting further

investigation with respect to a particular charge; or

(ii) Amending a charge because the evidence submitted

appears

to

establish

a

different

crime

within

the

jurisdiction of the Court.

8. Where the Pre-Trial Chamber declines to confirm a

charge, the Prosecutor shall not be precluded from

subsequently requesting its confirmation if the request is

supported by additional evidence.

9. After the charges are confirmed and before the trial has

begun, the Prosecutor may, with the permission of the

Pre-Trial

Chamber

and

after

notice to the accused,

amend the charges. If the Prosecutor seeks to add

additional charges or to substitute more serious charges,

a hearing under this article to confirm those charges

must be held. After commencement of the trial, the

Prosecutor

may,

with

the

permission

of

the

Trial

Chamber, withdraw the charges.

10. Any warrant previously issued shall cease to have

effect with respect to any charges which have not been

confirmed by the Pre-Trial Chamber or which have been

withdrawn by the Prosecutor.

11. Once the charges have been confirmed in accordance

with this article, the Presidency shall constitute a Trial

Chamber which, subject to paragraph 9 and to article 64,

paragraph 4, shall be responsible for the conduct of

subsequent proceedings and may exercise any function

of the Pre-Trial Chamber that is relevant and capable of

application in those proceedings.

PART 6. THE TRIAL

ARTICLE 62

Place of trial

Unless otherwise decided, the place of the trial shall be

the seat of the Court.

ARTICLE 63

Trial in the presence of the accused

1. The accused shall be present during the trial.

2.

If

the

accused,

being

present

before

the

Court,

continues to disrupt the trial, the Trial Chamber may

remove the accused and shall make provision for him or

her to observe the trial and instruct counsel from outside

the courtroom, through the use of communications

technology, if required. Such measures shall be taken only

in

exceptional

circumstances

after

other

reasonable

alternatives have proved inadequate, and only for such

duration as is strictly required.

ARTICLE 64

Functions and powers of the Trial Chamber

1. The functions and powers of the Trial Chamber set out

in this article shall be exercised in accordance with this

Statute and the Rules of Procedure and Evidence.

2. The Trial Chamber shall ensure that a trial is fair and

expeditious and is conducted with full respect for the

rights of the accused and due regard for the protection of

victims and witnesses.

3. Upon assignment of a case for trial in accordance with

this Statute, the Trial Chamber assigned to deal with the

case shall:

(a) Confer with the parties and adopt such procedures as

are

necessary

to

facilitate

the

fair

and

expeditious

conduct of the proceedings;

(b) Determine the language or languages to be used at

trial; and

(c) Subject to any other relevant provisions of this Statute,

provide for disclosure of documents or information not

previously

disclosed,

sufficiently

in

advance

of

the

commencement

of

the

trial

to

enable

adequate

preparation for trial.

4. The Trial Chamber may, if necessary for its effective and

fair functioning, refer preliminary issues to the Pre-Trial

Chamber or, if necessary, to another available judge of

the Pre-Trial Division.

5. Upon notice to the parties, the Trial Chamber may, as

appropriate, direct that there be joinder or severance in

respect of charges against more than one accused.

© Compiled by RGL

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