International Criminal Court
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D. CONFIRMATION OF CHARGES BEFORE TRIAL
52. Do suspects appear before the Court as soon as they arrive in The Hague?
Yes. The suspect’s first appearance before the Court takes place shortly after his
or her arrival in The Hague. During the first appearance, the Pre-Trial Chamber
confirms
the identity of the suspect, ensures that the suspect understands the
charges, confirms the language in which the proceedings should be conducted, and
sets a date to begin the confirmation of charges hearing.
At the confirmation of charges hearing – which is not a trial,
but a pre-trial
hearing – the Prosecution must present sufficient evidence for the case to go to
trial. The suspect’s defence may object to the charges, challenge the Prosecution’s
evidence and also present evidence.
The confirmation of charges hearing is held in the presence of the Prosecution, the
person being prosecuted, and his or her counsel, as well as
the representative of the
victims. As provided by article 61 of the Statute, the suspect can waive his or her
right to be present at this hearing.
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