35
Understanding the International Criminal Court
B. ARRESTS
39. Who has the power to issue a warrant of arrest or a summons to appear?
After the
initiation of an investigation, only a Pre-Trial Chamber may,
at the request
of the Prosecution, issue a warrant of arrest or summons to appear if there are
reasonable grounds to believe that the person concerned
has committed a crime
within the ICC’s jurisdiction.
40. What information do the judges need from the Prosecution before they can
issue a warrant of arrest or a summons to appear?
When the Prosecution requests the issuance of a warrant of arrest or summons to
appear, it must provide the judges with the following information:
▪
the
name of the person;
▪
a description of the crimes the person is believed to have committed;
▪
a concise summary of the facts (the acts alleged to be crimes);
▪
a summary of the
evidence against the person;
▪
the reasons why the Prosecution believes that it is necessary to arrest the person.
41. What reasons may justify the issuing of a warrant of arrest?
The judges will issue a warrant of arrest if it appears necessary to ensure that the
person
will actually appear at trial, that he or she will not obstruct or endanger the
investigation or the Court’s
proceedings, or to prevent the person from continuing
to commit crimes.
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