الدائرة التمهيدية و دورها في تقييم الأدلة بموجب النصوص القانونية المكونة للمحكمة الجنائية الدولية

Abstract EN

Confirmation of the charges before the trial provided for in article 61, constitutes the proceedings in which the Pre-Trial Chamber, at the final stage of the investigation of the suspect, evaluates the evidence before it and decides whether the charges on which the Prosecutor intends to seek trial can be confirmed and as such whether the case should be sent to trial.

PTCs have repeatedly stated that the confirmation hearing has a limited scope and purpose and is not a “mini-trial” or “trial before the trial”.

With regard to the evidentiary standard applicable at the confirmation stage, it has been held that: “for the Prosecution to meet its evidentiary burden, it must offer concrete and tangible proof demonstrating a clear line of reasoning underpinning its specific allegations”.