ICC PROCEDURE

HEATHER LUNAR
Lunar, Heather Public International Law 2C

the Prosecutor
If the Prosecutor concludes that
may initiate investigations analyze the seriousness of the there is a reasonable basis to proceed
proprio motu on the basis of information received. with an investigation, he or She shall
information on crimes within submit to the Pre-Trial Chamber a
the jurisdiction of the Court. Investigation request for authorization of an
investigation, together with any
Initiation supporting material collected.

Request to Pre Trial Chamber

PRELIMINARY INVESTIGATION

Pre Trial Chamber

authorize the commencement Refusal of the Pre-Trial Chamber

of the investigation to authorize the investigation
shall not preclude the
Requisites: presentation of a subsequent
request by the Prosecutor based
1. there is a reasonable basis to
on new facts or evidence
proceed with an
regarding the same situation
investigation
2. case appears to fall within the
jurisdiction of the Court

AUTHORIZATION REJECTION
Lunar, Heather Public International Law 2C

WARRANT OF ARREST
S

the Pre-Trial Chamber shall any time after the initiation of

on the application of the an investigation,
Prosecutor, issue a warrant of
arrest of a person Investigation

ISSUANCE

JURISDICTION OVER THE PERSON

SUMMONS

Prosecutor may submit an If the Pre-Trial Chamber is satisfied that there are
application requesting that the reasonable grounds to believe that the person committed
Pre-Trial Chamber issue a the crime alleged and that a summons is sufficient to
summons for the person to ensure the person's appearance,
appear.
 it shall issue the summons, with or without conditions
restricting liberty (other than detention) fi provided for by
APPLICATION national law, for the person to appear.

ISSUANCE
Lunar, Heather Public International Law 2C

PROVISIONAL ARREST OR FOR ARREST AND SURRENDER

shall immediately take steps to A person arrested shall be
arrest the person in question brought promptly before the
in accordance with its laws competent judicial authority in
and the provisions of Part 9. the custodial State.

ARREST
CUSTODY

STATE PARTY ARREST

INTERIM RELEASE
Discretion of the competent A person subject to a warrant of
authority in the custodial State arrest may apply for interim release
pending trial.

DISCRETION APPLICATION
Lunar, Heather Public International Law 2C

the person shall continue to be

Satisfied detained.

Pre-Trial Chamber shall:

- satisfy itself that the person
has been informed of the
crimes and of his or her rights
under this Statute,

Pre-Trial Chamber shall release the

Not satisfied person, with or without conditions

VOLUNTARY SURRENDER
Lunar, Heather Public International Law 2C

REVIEW BY PRE-TRIAL CHAMBER

Request Delay

 on the request of the  ensure that a person is not

Prosecutor or the person. detained for an unreasonable
 may modify its ruling as to period prior to trial due to
detention, release or inexcusable delay by the
conditions of release, if it is Prosecutor.
satisfied that changed
 IF DELAY OCCURS – person is
circumstances so require
released
Lunar, Heather Public International Law 2C

within a reasonable time after held in the presence of the

the person's surrender or Prosecutor and the person charged,
voluntary appearance before as well as his or her counsel
the Court

PERIOD
Investigation

HEARING
HEARING IN THE ABSENCE OF THE PERSON
On request of the Prosecutor or on its own
motion when the person has:

3. Waived his or her right to be present; or In that case, the person shall be
4. Fled or cannot be found and all represented by counsel where
reasonable steps have been taken to the Pre-Trial Chamber
secure his or her appearance before the determines that it is in the
interests of justice
Court and to inform the person of the
charges and that a hearing to confirm
those charges will be held.

MOTION
Lunar, Heather Public International Law 2C

TRIAL
Once the charges have been confirmed in accordance With this article, the
Presidency shall constitute a Trial Chamber

 may remove the accused

TRIAL CHAMBER
 shall make provision for
shall be responsible for the
conduct of subsequent
him or her to observe the
proceedings and may trial
exercise any function of the
Pre-Trial Chamber that is  instruct counsel from
relevant and capable of
application in those outside the courtroom,
proceedings
through the use of
communications
technology, if required.
Lunar, Heather Public International Law 2C

TRIAL CHAMBER THE COURT

 based on its evaluation of the evidence and the entire

proceedings.  may base its decision only on evidence submitted and
 The decision shall not exceed the facts and discussed before it at the trial
circumstances described in the charges and any
amendments to the charges.

DECISION
When there is no
The Trial Chamber shall unanimity, the Trial
judges shall attempt to
issue one decision. Chamber's decision shall
achieve unanimity in their
contain the views of the
decision, failing which the
The decision shall be in majority and the
decision shall be taken by
writing and shall contain minority.
a majority of the judges."
a full and reasoned
The deliberations of the statement of the Trial The decision or a
Chambers' findings no summary thereof shall be
Trial Chamber shall
and evidence and delivered in open court.
remain secret
conclusions.