ICC sets date to confirm charges against suspects

By Ben AginaFollowing the voluntary appearance of the three suspects before the International Criminal Court, the Pre-Trial Chamber shall hold a hearing on September 1 to confirm charges the prosecutor intends to seek trial.
The hearing shall be held in the presence of the prosecutor and the person charged, as well as his counsel.
Article 61 (2) states that the Pre-Trial Chamber may, upon request of the prosecutor or on its own motion, hold a hearing in the absence of the person charged to confirm the charges which the prosecutor intends to seek trial when the person has waived his or her right to be present or fled and cannot be found and all reasonable steps have been taken to secure his or her appearance before the court.
Within a reasonable time before the hearing, the person shall be provided with a copy of the charges and be informed of the evidence that the prosecutor intends to rely on at the hearing.
Before the hearing, the prosecutor may continue the investigation and may amend or withdraw any charges. The person shall be given reasonable notice before the hearing of any amendment or withdrawal of charges. At the hearing the prosecutor shall support each charge with sufficient evidence to establish substantial grounds that the person committed the crime charged.
Sufficient evidence
The prosecutor may rely on documentary or summary evidence and need not call the witnesses expected to testify at the trial.
At the hearing, the person may object to the charges, challenge the evidence presented by the prosecutor and present evidence.
The Pre-Trial Chamber shall, on the basis of the hearing, determine whether there is sufficient evidence to establish substantial grounds to believe that the person committed each of the crimes charged.
Based on its determination, the Pre-Trial Chamber shall confirm those charges and commit the person to a Trial Chamber for trial on the charges as confirmed.
The Pre-Trial chamber may decline to confirm those charges in relation to which it has determined that there is sufficient evidence.
However, where the Pre-Trial Chamber declines to confirm a charge, the prosecutor shall not be precluded from subsequently requesting its confirmation if the request is supported by additional evidence.