Chapter 22. A Structural Analysis Of The Role Of The Pre-Trial Chamber In The Fact-Finding Process Of The ICC

Abstract

The creation of the Pre-Trial Chamber by the Rome Statute has been hailed as an innovation in international criminal procedure. The Pre-Trial Chamber may also seek cooperation of States to take protective measures for the purpose of forfeiture at a later stage for the benefit of the victims and it may be asked to authorise the Prosecutor to take specific investigative steps directly within the territory of a State Party without having secured its cooperation. The procedural system as laid down by the Rome Statute and Rules of Procedure and Evidence of the International Criminal Court (ICC) does not align itself with any single existing domestic or international system of criminal procedure. The Appeals Chamber held that the Prosecutor has the right to continue investigating after the confirmation of charges, even with regard to the facts contained in the confirmed charges. Keywords: Appeals Chamber; International Criminal Court (ICC); Pre-Trial Chamber; Rome Statute; State Party