Section 32p. 32

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

6. In performing its functions prior to trial or during the

course of a trial, the Trial Chamber may, as necessary:

(a)

Exercise

any

functions of the Pre-Trial Chamber

referred to in article 61, paragraph 11;

(b) Require the attendance and testimony of witnesses

and production of documents and other evidence by

obtaining,

if

necessary,

the

assistance

of

States

as

provided in this Statute;

(c) Provide for the protection of confidential information;

(d) Order the production of evidence in addition to that

already collected prior to the trial or presented during the

trial by the parties;

(e) Provide for the protection of the accused, witnesses

and victims; and

(f) Rule on any other relevant matters.

7. The trial shall be held in public. The Trial Chamber may,

however, determine that special circumstances require

that certain proceedings be in closed session for the

purposes set forth in article 68, or to protect confidential

or sensitive information to be given in evidence.

8.

(a)

At the commencement of the trial, the Trial

Chamber shall have read to the accused the charges

previously confirmed by the Pre-Trial Chamber. The Trial

Chamber shall satisfy itself that the accused understands

the nature of the charges. It shall afford him or her the

opportunity to make an admission of guilt in accordance

with article 65 or to plead not guilty.

(b) At the trial, the presiding judge may give directions for

the conduct of proceedings, including to ensure that they

are conducted in a fair and impartial manner. Subject to

any directions of the presiding judge, the parties may

submit evidence in accordance with the provisions of this

Statute.

9. The Trial Chamber shall have, inter alia, the power on

application of a party or on its own motion to:

(a) Rule on the admissibility or relevance of evidence; and

(b) Take all necessary steps to maintain order in the

course of a hearing.

10. The Trial Chamber shall ensure that a complete record

of the trial, which accurately reflects the proceedings, is

made and that it is maintained and preserved by the

Registrar.

ARTICLE 65

Proceedings on an admission of guilt

1.

Where the accused makes an admission of guilt

pursuant to article 64, paragraph 8 (a), the Trial Chamber

shall determine whether:

(a)

The

accused

understands

the

nature

and

consequences of the admission of guilt;

(b) The admission is voluntarily made by the accused after

sufficient consultation with defence counsel; and

(c) The admission of guilt is supported by the facts of the

case that are contained in:

(i) The charges brought by the Prosecutor and admitted

by the accused;

(ii) Any materials presented by the Prosecutor which

supplement the charges and which the accused accepts;

and

(iii)

Any

other

evidence,

such

as

the

testimony

of

witnesses, presented by the Prosecutor or the accused.

2. Where the Trial Chamber is satisfied that the matters

referred to in paragraph 1 are established, it shall consider

the admission of guilt, together with any additional

evidence presented, as establishing all the essential facts

that are required to prove the crime to which the

admission of guilt relates, and may convict the accused of

that crime.

3. Where the Trial Chamber is not satisfied that the

matters referred to in paragraph 1 are established, it shall

consider the admission of guilt as not having been made,

in which case it shall order that the trial be continued

under the ordinary trial procedures provided by this

Statute and may remit the case to another Trial Chamber.

4. Where the Trial Chamber is of the opinion that a more

complete presentation of the facts of the case is required

in the interests of justice, in particular the interests of the

victims, the Trial Chamber may:

(a)

Request

the

Prosecutor

to

present

additional

evidence, including the testimony of witnesses; or

(b) Order that the trial be continued under the ordinary

trial procedures provided by this Statute, in which case it

shall consider the admission of guilt as not having been

made and may remit the case to another Trial Chamber.

5. Any discussions between the Prosecutor and the

defence

regarding

modification

of

the charges, the

admission of guilt or the penalty to be imposed shall not

be binding on the Court.

ARTICLE 66

Presumption of innocence

1. Everyone shall be presumed innocent until proved

guilty before the Court in accordance with the applicable

law.

2. The onus is on the Prosecutor to prove the guilt of the

accused.

3. In order to convict the accused, the Court must be

convinced of the guilt of the accused beyond reasonable

doubt.

ARTICLE 67

Rights of the accused

1. In the determination of any charge, the accused shall be

entitled

to

a

public

hearing,

having

regard

to

the

provisions of this Statute, to a fair hearing conducted

impartially, and to the following minimum guarantees, in

full equality:

(a) To be informed promptly and in detail of the nature,

cause and content of the charge, in a language which the

accused fully understands and speaks;

(b)

To

have

adequate

time

and

facilities

for

the

preparation of the defence and to communicate freely

with counsel of the accused's choosing in confidence;

(c) To be tried without undue delay;

(d) Subject to article 63, paragraph 2, to be present at the

trial, to conduct the defence in person or through legal

assistance of the accused's choosing, to be informed, if

the accused does not have legal assistance, of this right

and to have legal assistance assigned by the Court in any

case where the interests of justice so require, and without

payment if the accused lacks sufficient means to pay for

it;

(e) To examine, or have examined, the witnesses against

him or her and to obtain the attendance and examination

of

witnesses

on his or her behalf under the same

conditions as witnesses against him or her. The accused

shall also be entitled to raise defences and to present

other evidence admissible under this Statute;

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