International Criminal Court Procedures
International Criminal Court General Procedures
Introduction to International Criminal Court Procedures
The ICC’s chief prosecutor may initiate investigations independently based on information he or she has received about crimes within the court’s jurisdiction. Alternatively, cases may be referred to the prosecutor by the UN Security Council or by a state that is a party to the Rome Statute. The prosecutor evaluates the information and investigates to determine whether or not there is a sufficient basis to prosecute. If the prosecutor decides to proceed with the investigation, he or she must first obtain authorization from the pretrial chamber.
Formal prosecution begins when a pretrial chamber issues an arrest warrant or summons for an accused person to appear based on the charges filed by the prosecutor. When the accused appears, a hearing is held to determine whether sufficient evidence exists to proceed to trial. Nations that would normally have jurisdiction over the crimes committed may appear to challenge the ICC’s jurisdiction or the admissibility of the case. Once the pretrial chamber has confirmed the prosecutor’s charges, a three-judge trial chamber conducts the trial in public proceedings with the accused present.
The court may convict if at least two of the three judges are convinced of the suspect’s guilt beyond reasonable doubt; the decision need not be unanimous. The court can fine or imprison those convicted and order reparations to victims; it may not impose the death penalty. The maximum sentence is life imprisonment. Sentences of imprisonment will be served in The Netherlands or in another country that voluntarily accepts the prisoner. Either the prosecution or the defense may appeal the verdict or the sentence to the appeals chamber. All nations that are parties to the Rome Statute must cooperate with the court in investigation, prosecution, and enforcement of the court’s judgments.” (1)
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