Structure and Function of the Confirmation Procedure Before the ICC from a Comparative Perspective

Ambos/Miller: Structure and Function of the Confirmation Procedure before the ICC from a Comparative Perspective, International Criminal Law Review 7 (2007) 335–360.

26 Pages Posted: 9 Apr 2012

See all articles by Kai Ambos

Kai Ambos

University of Goettingen (Gottingen)

Date Written: 2007

Abstract

The confirmation procedure is the linking interface between the investigation and trial of a case before the ICC; it is triggered by the arrival of the suspect at the court. The present paper distinguishes between the different phases of the ICC procedure and the different notions for the person concerned; it deals, in particular, with the issue of a proprio motu amendment of the charges by the Pre-Trial Chamber. The comparative survey reveals that while the principle “iura novit curia” is widely recognized in civil law countries, it is rarely accepted in the ambit of the common law. Notwithstanding, the ICC is committed to this principle, as clearly evidenced by Regulation 55 which allows the Trial Chamber to change the legal characterization of the facts during trial. As long as the rights of the person charged are observed, the same should apply in the confirmation procedure.

Keywords: Amendment of the charges, Comparative Survey, Confirmation Procedure, ICC, iura novit curia

Suggested Citation

Ambos, Kai, Structure and Function of the Confirmation Procedure Before the ICC from a Comparative Perspective (2007). Ambos/Miller: Structure and Function of the Confirmation Procedure before the ICC from a Comparative Perspective, International Criminal Law Review 7 (2007) 335–360.. Available at SSRN: https://ssrn.com/abstract=2036398 or http://dx.doi.org/10.2139/ssrn.2036398

Kai Ambos (Contact Author)

University of Goettingen (Gottingen) ( email )

Platz der Göttinger Sieben 5
Göttingen, 37073
Germany

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