Abstract

Among the fundamental rights of an accused is the right to be informed in detail on the nature and cause of the charge against him and to have adequate facilities for the preparation of his defence. From the very beginning of the functioning of the ICTY, the form of an indictment was one of the main topics of the legal debates in the office of the Prosecutor. Practically every ICTY and ICTR indictment has been challenged by the defence counsel. The ad hoc tribunals jurisprudence on indictments is indeed applicable to indictments in the International Criminal Court (ICC) even though there are some differences in the law of these institutions that may affect the ICC jurisprudence on this matter to a certain extent. Under Article 61 of the ICC Statute, the Pre-Trial Chamber shall hold a hearing to confirm the charges on which the Prosecutor intends to seek trial. Keywords: ad hoc tribunals; ICTR; ICTY; International Criminal Court (ICC); Pre-Trial Chamber

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