What are the steps of the ICC process?

International Criminal Court (ICC)


As an international court, the ICC's legal process may function differently from that in your national jurisdiction. The International Criminal Court (ICC) process involves a preliminary examination, investigation, and trial for crimes like genocide, war crimes, crimes against humanity, and aggression. Cases are initiated by state parties, the UN Security Council, or the Prosecutor on their own initiative. Once an arrest warrant is issued and the accused is in custody, a pre-trial chamber confirms charges before a trial, after which both sides can appeal any verdict.

1. Preliminary Examination
The Prosecutor's office begins by conducting a preliminary examination to determine if there is sufficient evidence and if the case falls under the court's jurisdiction.

The ICC only investigates crimes that have occurred since its creation in July 2002.

Jurisdiction can be based on the location of the crime (territory of a state party) or the nationality of the accused (a national of a state party).

The Prosecutor also assesses whether national courts are genuinely investigating or are unwilling or unable to do so.

2. Investigation

If the preliminary examination indicates a case should proceed, the Prosecutor can initiate an investigation.

Investigators collect evidence, including interviewing witnesses and consulting experts.

Based on the evidence, the Prosecutor may request an arrest warrant or summons from the pre-trial judges.

3. Pre-Trial

Once the accused is in custody, a pre-trial phase begins.

This phase includes an initial appearance and a hearing to confirm the charges.

The accused can object to the charges and present their own evidence.

A pre-trial chamber decides whether there is enough evidence to proceed to trial.

4. Trial and Appeal

The trial is conducted by a trial chamber, where the prosecution must prove the guilt of the accused beyond a reasonable doubt.
The accused has the right to examine witnesses against them and call their own witnesses.
After the trial, the judges issue a verdict. If the verdict is guilt, the judges will issue a sentence.
Both the prosecution and the defense have the right to appeal the trial chamber's decision.

5. Sentencing and Reparations

If a conviction is final, the court may impose a sentence, including up to 30 years imprisonment or, in exceptional circumstances, a life sentence.

Victims may also ask the court to order reparations for damages.



 

Location: The Hague, Netherlands

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