Overview of ICC Proceedings

Question 1

3 Main Stages

Answer 1

(1) Preliminary examination to investigation
(2) Investigation to pre-trial
(3) Trial

Question 2

3 Stages of Preliminary Examination to Investigation Stage

Answer 2

(1) Referral
(2) Preliminary examination
(3) Initiate Investigation

Question 3

How can referrals be made 4 ways?

Answer 3

(1) State party (Art 14)
(2) Security Council
(3) Proprio motu (Art 15)
(4) Art 12(3) Declaration

Question 4

What happens in preliminary examination stage?

Answer 4

Prosecutor determines whether there is a reasonable basis to proceed.

• Jurisdiction (Subject matter, Territorial, Temporal, Personal)
• Admissibility (Principle of Complementarity)
• Interests of Justice

Question 5

When does pre-trial authorisation have to be sought?

Answer 5

When a case is brought proprio motu.

Question 6

Special procedure for crime of aggression

Answer 6

Article 15bis

Question 7

Stages of Investigation to Pre-Trial Period

Answer 7

Prosecutor requests one of two things from Pre-Trial Chamber:

(1) Warrant of Arrest
(2) Summons to Appear

The suspect will first appear at a confirmation hearing before going to trial.