http://www.icc-cpi.int/Menus/Go?id=3d8259d2-b60d-47aa-ac25-bfba0743b340&lan=en-GB Click here for URL copy |  |  |
Pre-Trial Division
The Pre-Trial Division is composed of no less than six judges with predominantly criminal trial experience. They shall serve in this Division for a period of three years and thereafter until the completion of any case the hearing of which has already commenced in the Pre-Trial Division.
The judges assigned to the Pre-Trial Division are:
In accordance with regulation 14 of the Regulations of the Court, the judges of the Pre-Trial Division shall elect a President of the Division from amongst their members to oversee the administration of the Division.
The Pre-Trial Chambers
Composition
The judicial functions in the Pre-Trial Division are carried out by Pre-Trial Chambers. The functions of the Pre-Trial Chamber are carried out either by three judges or by a single judge.
In accordance with regulation 46 (1) of the Regulations of the Court, two Pre-Trial Chambers have been constituted by the Presidency:
Pre-Trial Chamber I is composed of Judge Silvia Fernández de Gurmendi, Presiding Judge, Judge Hans-Peter Kaul and Judge Christine van den Wyngaert. Pre-Trial Chamber I has been assigned with the situations in Libya and Côte d’Ivoire.
Pre-Trial Chamber II is composed of Judge Ekaterina Trendafilova, Presiding Judge, Judge Hans-Peter Kaul and Judge Cuno Tarfusser. Pre-Trial Chamber II has been assigned with the situations in Uganda, the Democratic Republic of the Congo, Darfur (Sudan), the Central African Republic and Kenya.
Functions of the Pre-Trial Chamber
The Pre-Trial Chamber plays an important role in the first phase of judicial proceedings until the confirmation of charges upon which the Prosecutor intends to seek trial against the person charged.
Functions of the Pre-Trial Chamber before the beginning of an investigation
The Prosecutor receiving information on crimes within the jurisdiction of the Court shall analyse its seriousness and may also receive written or oral testimony at the seat of the Court. In accordance with rules 47 and 104 of the Rules of Procedure and Evidence, the Pre-Trial Chamber may, at the request of the Prosecutor, take such measures as may be necessary to ensure the efficiency and integrity of the proceedings and, in particular, appoint a counsel or a judge from the Pre-Trial Chamber to be present during the taking of such testimony in order to protect the rights of the defence, if there is a serious risk that it might not be possible for such testimony to be taken subsequently.
Functions of the Pre-Trial Chamber at the beginning of the investigation
In case the Prosecutor intends to initiate an investigation on his or her own motion (proprio motu), he or she must first submit to the Pre-Trial Chamber a request for authorization of an investigation, together with any supporting material collected. The Pre-Trial Chamber shall authorize the commencement of the investigation if it considers that there is a reasonable basis to proceed with the investigation and that the case appears to fall within the jurisdiction of the Court, without prejudice to subsequent determinations by the Court with regard to the jurisdiction and admissibility of a case.
If the Pre-Trial Chamber determines that the criterion of the reasonable basis is not met, the Prosecutor may either decide not to proceed with an investigation or to present a further request based on new facts or evidence regarding the same situation.
Where a situation has been referred by a State or the Prosecutor has initiated an investigation on his own motion, the Pre-Trial Chamber may be asked by the Prosecutor for authorization to continue investigating when one or more States have asked him to defer to the State’s investigation. Moreover, the Pre-Trial Chamber may at any time during the investigation be seized with a challenge to the jurisdiction of the Court or the admissibility of a case by a State as set out in article 19 of the Rome Statute or by an accused or a person for whom a warrant of arrest or a summons to appear has been issued, which, if successful, ends the proceedings against that person before the Court.
The Rome Statute further provides that the Pre-Trial Chamber may also review a decision of the Prosecutor not to proceed with an investigation either on its own initiative, or at the request of the State making a referral under article 14 of the Rome Statute, or the United Nations Security Council under article 13 (b) of the Rome Statute.
Functions of the Pre-Trial Chamber during the investigation
The Pre-Trial Chamber must ensure the overall integrity of the proceedings during the investigation. The first concern in this respect is upholding the rights of the defence during the investigation phase.
In this regard, when a unique investigative opportunity arises, the Pre-Trial Chamber must be so informed by the Prosecutor and may, upon the request of the latter take all such measures as may be necessary to ensure the efficiency and integrity of the proceedings. These measures may include, inter alia, appointing an expert or authorizing a counsel for a person who has been arrested, or appeared before the Court in response to a summons, to participate, or where there has not yet been such an arrest or appearance or counsel has not been designated, appointing another counsel to attend and represent the interests of the defence.
In addition, the Pre-Trial Chamber may authorize the Prosecutor to take specific investigative steps within the territory of a State Party, without having secured its cooperation when the State is unable to comply with the request due to the unavailability of any authority competent to execute the request for cooperation.
During the entire pre-trial phase, the Pre-Trial Chamber is also concerned with safeguarding the interests of victims and witnesses and especially protecting their safety, physical and psychological well-being, as well as their dignity and privacy. For this purpose, the Pre-Trial Chamber may issue such orders as are necessary and take any other measure as may be required, taking into account the rights of the defence.
The Pre-Trial Chamber may also seek the cooperation of States to take protective measures for the purpose of forfeiture, in particular for the ultimate benefit of the victims, where a warrant of arrest or summons to appear has already been issued.
Finally, the Pre-Trial Chamber is at all times responsible for protecting national security information of concerned States.
Functions of the Pre-Trial Chamber with regard to the arrest and confirmation of charges
At any time after the initiation of an investigation, the Prosecutor may apply to the Pre-Trial Chamber for the issuance of a warrant of arrest or a summons to appear. The Pre-Trial Chamber shall issue a warrant of arrest or a summons to appear if it is satisfied that there are reasonable grounds to believe that the person has committed a crime within the jurisdiction of the Court.
In the event a person has been arrested or has appeared pursuant to a summons, the Pre-Trial Chamber may, upon request of said person, issue orders or seek the cooperation of States as may be necessary to assist the person in the preparation of his or her defence.
Moreover, after the initial appearance of the person concerned before the Court, the Pre-Trial Chamber must also ensure that the person is not detained for an unreasonable period prior to trial due to inexcusable delay by the Prosecutor. A person subject to a warrant of arrest may apply for interim release pending trial which is periodically reviewed by the Pre-Trial Chamber.
Within a reasonable time after the person’s surrender or voluntary appearance before the Court, the Pre-Trial Chamber holds a hearing in the presence of the Prosecutor, the person charged and his/her counsel to decide on the confirmation of charges before trial. At the hearing the Prosecutor has to support the charges with sufficient evidence to establish substantial grounds to believe that the person committed the crime charged. The person has the right to object to the charges, challenge the evidence presented by the Prosecutor and present evidence.
Based on its determination, the Pre-Trial Chamber either confirms the charges or declines to confirm the charges if it determines that there is insufficient evidence, or it may also adjourn the hearing and request the Prosecutor to consider to either provide further evidence or conduct further investigations or amend a charge because the evidence submitted appears to establish a different crime within the jurisdiction of the Court.
Once the charges have been confirmed, the Presidency shall constitute a Trial Chamber.
