robertocarroll/gist:9511819

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Stages of Proceedings
There are several stages of the ICC process. Where grave crimes occur, the Office of the Prosecutor must first conduct a preliminary investigation before an investigation can begin. Investigations may lead to several cases, which may go through different stages: Pre-Trial stage, Trial stage, Appeals and Revision.


Preliminary examinations
Before an investigation can begin, the Office of the Prosecutor (OTP) conducts a preliminary examination to decide whether there is enough information on crimes of sufficient gravity, providing a reasonable basis to open an investigation. During this examination, OTP analyses whether or not the ICC has jurisdiction (a crime listed in the Rome Statute appears to have been committed by a national of a Member State or on the territory of a Member State, after 1 July 2002); whether an investigation would be admissible (a national court is not already dealing with it); and whether or not an investigation would be in the interests of justice and of the victims (here OTP considers whether, regardless of jurisdiction and admissibility, there is some good reason not to take on this situation).

Situations under investigation
Upon referrals by States Parties or by the UNSC, or on its own initiative and with the judges’ authorisation, the Office of the Prosecutor (OTP) conducts investigations by gathering and examining evidence, questioning persons under investigation and questioning victims and witnesses, for the purpose of finding evidence of a suspect’s innocence or guilt. OTP must investigate incriminating and exonerating circumstances equally. OTP requests cooperation and assistance from States and international organisations, and also sends investigators to areas where the alleged crimes occurred to gather evidence. Investigators must be careful not to create any risk to the victims and witnesses.

Pre-trial stage
Once the Office of the Prosecutor (OTP) has sufficient evidence against an individual, it submits a request to the Pre-Trial judges to issue a warrant of arrest or summons to appear. The judges of the Pre-Trial Chamber will issue a warrant of arrest if they have sufficient elements to believe that this person committed the crimes, and that the person will not appear voluntarily before the Court, will endanger the proceedings or investigation, or that the person will continue committing crimes if not arrested. If the judges think that the person will cooperate and come to the Court voluntarily, they can issue a summons to appear. Once either an arrest warrant or a summons to appear is issued, a case enters the Pre-Trial stage, during which the Pre-Trial Chamber judges determine whether or not there is sufficient evidence for the case to proceed to trial. First is the initial appearance hearing. This is the first Court hearing, so the first time the judges see the person face to face. The judges inform the person of what the charges are, and of his or her rights. The judges confirm the suspect’s identity and make sure that he understands the charges against him. Other practical issues are decided on, such as in which language the suspect will be able to follow the proceedings. The second major hearing is the confirmation of charges hearing, during which the Prosecution and Defence each present their case, and the Legal Representatives of Victims present the victims’ views and concerns. The purpose of this hearing is to determine whether the Prosecutor has enough evidence to go to trial. If there is enough evidence, the judges can decide to commit the case to trial, and the suspect is then considered “the accused”. If not, the judges either decide to close the case or ask the Prosecution for additional evidence or amended charges. These decisions may be appealed under specific conditions and with the judges’ authorisation.

Trial stage
When a trial starts, the charges are read out to the accused, who is asked to confirm his or her understanding of the charges, and to either plead guilty or not guilty. During the trial, the Prosecution and Defence each present their cases, and the Legal Representatives of Victims present the victims’ views and concerns. At the end of the trial, the judges either acquit the accused or find the accused guilty, based on the evidence. If the judges find the accused guilty, they render a verdict of guilt and later a decision on the sentence. The maximum sentence is 30 years, or in extreme circumstances, life imprisonment. The judges may also render a decision on reparations for victims. The verdict and these decisions may be appealed.

Appeals
Both the Prosecutor and the Defence have the right to appeal a Trial Chamber’s decision on the guilt or innocence of the accused. The verdict and the sentence could both be appealed, as well as decisions on reparations. An appeal is decided on by five judges of the Appeals Chamber, who are never the same judges as those who gave the original verdict. The Appeals Chamber decides on the appeal, whether to uphold the original decision, or amend it, or reverse, it and this is the final judgment, unless it decides to send the case back to the Trial Chamber for a re-trial.

Revision
The convicted person or the Prosecution may apply to the Appeals Chamber to revise a final judgment of conviction or sentence where:
* new and important evidence has been discovered;
* it has been newly discovered that decisive evidence, taken into account at trial and upon which the conviction depends, was false, forged or falsified;
* one or more of the judges has committed an act of serious misconduct or serious breach of duty of sufficient gravity to justify the removal of that judge or those judges from office under the Rome Statute.

	Stages of Proceedings
	There are several stages of the ICC process. Where grave crimes occur, the Office of the Prosecutor must first conduct a preliminary investigation before an investigation can begin. Investigations may lead to several cases, which may go through different stages: Pre-Trial stage, Trial stage, Appeals and Revision.


	Preliminary examinations
	Before an investigation can begin, the Office of the Prosecutor (OTP) conducts a preliminary examination to decide whether there is enough information on crimes of sufficient gravity, providing a reasonable basis to open an investigation. During this examination, OTP analyses whether or not the ICC has jurisdiction (a crime listed in the Rome Statute appears to have been committed by a national of a Member State or on the territory of a Member State, after 1 July 2002); whether an investigation would be admissible (a national court is not already dealing with it); and whether or not an investigation would be in the interests of justice and of the victims (here OTP considers whether, regardless of jurisdiction and admissibility, there is some good reason not to take on this situation).

	Situations under investigation
	Upon referrals by States Parties or by the UNSC, or on its own initiative and with the judges’ authorisation, the Office of the Prosecutor (OTP) conducts investigations by gathering and examining evidence, questioning persons under investigation and questioning victims and witnesses, for the purpose of finding evidence of a suspect’s innocence or guilt. OTP must investigate incriminating and exonerating circumstances equally. OTP requests cooperation and assistance from States and international organisations, and also sends investigators to areas where the alleged crimes occurred to gather evidence. Investigators must be careful not to create any risk to the victims and witnesses.

	Pre-trial stage
	Once the Office of the Prosecutor (OTP) has sufficient evidence against an individual, it submits a request to the Pre-Trial judges to issue a warrant of arrest or summons to appear. The judges of the Pre-Trial Chamber will issue a warrant of arrest if they have sufficient elements to believe that this person committed the crimes, and that the person will not appear voluntarily before the Court, will endanger the proceedings or investigation, or that the person will continue committing crimes if not arrested. If the judges think that the person will cooperate and come to the Court voluntarily, they can issue a summons to appear. Once either an arrest warrant or a summons to appear is issued, a case enters the Pre-Trial stage, during which the Pre-Trial Chamber judges determine whether or not there is sufficient evidence for the case to proceed to trial. First is the initial appearance hearing. This is the first Court hearing, so the first time the judges see the person face to face. The judges inform the person of what the charges are, and of his or her rights. The judges confirm the suspect’s identity and make sure that he understands the charges against him. Other practical issues are decided on, such as in which language the suspect will be able to follow the proceedings. The second major hearing is the confirmation of charges hearing, during which the Prosecution and Defence each present their case, and the Legal Representatives of Victims present the victims’ views and concerns. The purpose of this hearing is to determine whether the Prosecutor has enough evidence to go to trial. If there is enough evidence, the judges can decide to commit the case to trial, and the suspect is then considered “the accused”. If not, the judges either decide to close the case or ask the Prosecution for additional evidence or amended charges. These decisions may be appealed under specific conditions and with the judges’ authorisation.

	Trial stage
	When a trial starts, the charges are read out to the accused, who is asked to confirm his or her understanding of the charges, and to either plead guilty or not guilty. During the trial, the Prosecution and Defence each present their cases, and the Legal Representatives of Victims present the victims’ views and concerns. At the end of the trial, the judges either acquit the accused or find the accused guilty, based on the evidence. If the judges find the accused guilty, they render a verdict of guilt and later a decision on the sentence. The maximum sentence is 30 years, or in extreme circumstances, life imprisonment. The judges may also render a decision on reparations for victims. The verdict and these decisions may be appealed.

	Appeals
	Both the Prosecutor and the Defence have the right to appeal a Trial Chamber’s decision on the guilt or innocence of the accused. The verdict and the sentence could both be appealed, as well as decisions on reparations. An appeal is decided on by five judges of the Appeals Chamber, who are never the same judges as those who gave the original verdict. The Appeals Chamber decides on the appeal, whether to uphold the original decision, or amend it, or reverse, it and this is the final judgment, unless it decides to send the case back to the Trial Chamber for a re-trial.

	Revision
	The convicted person or the Prosecution may apply to the Appeals Chamber to revise a final judgment of conviction or sentence where:
	* new and important evidence has been discovered;
	* it has been newly discovered that decisive evidence, taken into account at trial and upon which the conviction depends, was false, forged or falsified;
	* one or more of the judges has committed an act of serious misconduct or serious breach of duty of sufficient gravity to justify the removal of that judge or those judges from office under the Rome Statute.