The Course Of Evidentiary Proceedings Before The International Criminal Court

The International Criminal Court (hereinafter: ICC) is the first permanent criminal court established by international agreement on 17 July 1998 to prosecute the most serious crimes of international concern: genocide, crimes against humanity, war crimes and crimes of aggression. Criminal proceedings before the International Criminal Court are based on the Rome Statute, an international treaty signed in Rome on 7 July 1998 following a diplomatic conference held from 15 June to 17 July 1998. The Statute contains highly detailed provisions on procedural matters (Articles 53-85). Despite this level of detail, its provisions are supplemented by the Rules of Procedure and Evidence (Rules 63-225). Thus, the procedural regulations governing proceedings before the ICC are highly developed and define the procedural model before the Court, its principles, and the specific roles of the participants with great precision.

It should be noted that the procedural system adopted by the ICC is an original combination of rules derived from two legal traditions: the common law system and the continental civil law system. The procedural rules of the ICC are not merely repetitions of these traditions but often represent creative developments, introducing, in many instances, institutions previously unknown to international law.

1. The Development of Evidentiary Proceedings before International Criminal Tribunals

Evidentiary proceedings before international criminal tribunals constitute a crucial component of the international criminal justice system. Their development is inextricably linked to the establishment and evolution of these tribunals, as well as to the necessity for ensuring a fair trial in the context of the most serious international crimes. The evidentiary procedures before international criminal tribunals have been regulated with regard to the specific needs of each tribunal. The legal frameworks governing such proceedings are typically found in the foundational documents that establish the tribunals or in supplementary legal instruments adopted for tribunal already in operation.

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