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Investigation and Prosecution

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Chapter Summary

The investigation and the subsequent prosecution, have direct bearings on the future trial. For the International Criminal Court (ICC) to be considered a fair and impartial forum for administering justice, it is vital that the rights of the investigated person and accused person are adequately safeguarded. At any point after the initiation of the investigation, the Pre-Trial Chamber may issue a warrant of arrest for an alleged criminal. When a state party receives the request for an arrest, it must immediately take steps to arrest the person, "in accordance with its laws and the provisions of Part 9". The custodial state has to ensure that the warrant applies to that person, and that the person's rights were respected. Under the Rome Statute, the accused must be given a copy of the document with the intended charges, and the evidence Thirty days prior to the Pre-Trial hearing to confirm the charges.

Keywords: arrest warrant; human rights; International Criminal Court (ICC); investigation; prosecution; Rome Statute



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