Real Crime/Paranormal/Conspiracy Theories Book III

International Criminal Court (ICC[t]) Part II

Interests of justice

The Prosecutor will initiate aninvestigation unless there are "substantial reasons tobelieve that an investigation would not serve the interests ofjustice" when "[t]aking into account the gravity ofthe crime and the interests of victims". Furthermore, evenif an investigation has been initiated and there are substantialfacts to warrant a prosecution and no other admissibility issues, theProsecutor must determine whether a prosecution would serve theinterests of justice "taking into account all thecircumstances, including the gravity of the crime, the interests ofvictims and the age or infirmity of the alleged perpetrator, and hisor her role in the alleged crime".

Individual criminal responsibility

The Court has jurisdiction over naturalpersons. A person who commits a crime within the jurisdiction of theCourt is individually responsible and liable for punishment inaccordance with the Rome Statute. In accordance with the RomeStatute, a person shall be criminally responsible and liable forpunishment for a crime within the jurisdiction of the Court if thatperson: Commits such a crime, whether as an individual, jointly withanother or through another person, regardless of whether that otherperson is criminally responsible; Orders, solicits or induces thecommission of such a crime which in fact occurs or is attempted; Forthe purpose of facilitating the commission of such a crime, aids,abets or otherwise assists in its commission or its attemptedcommission, including providing the means for its commission; In anyother way contributes to the commission or attempted commission ofsuch a crime by a group of persons acting with a common purpose. Inrespect of the crime of genocide, directly and publicly incitesothers to commit genocide; Attempts to commit such a crime by takingaction that commences its execution by means of a substantial step,but the crime does not occur because of circumstances independent ofthe person's intentions

Procedure

Trial

Trials are conducted under a hybridcommon law and civil law judicial system, but it has been argued theprocedural orientation and character of the court is still evolving. A majority of the three judges present, as triers of fact in a benchtrial, may reach a decision, which must include a full and reasonedstatement. Trials are supposed to be public, but proceedings areoften closed, and such exceptions to a public trial have not beenenumerated in detail. In camera proceedings are allowed forprotection of witnesses or defendants as well as for confidential orsensitive evidence. Hearsay and other indirect evidence is notgenerally prohibited, but it has been argued the court is guided byhearsay exceptions which are prominent in common law systems. Thereis no subpoena or other means to compel witnesses to come before thecourt, although the court has some power to compel testimony of thosewho chose to come before it, such as fines.

Rights of the accused

The Rome Statute provides that allpersons are presumed innocent until proven guilty beyond reasonabledoubt, and establishes certain rights of the accused and personsduring investigations. These include the right to be fully informedof the charges against him or her; the right to have a lawyerappointed, free of charge; the right to a speedy trial; and the rightto examine the witnesses against him or her.

To ensure "equality of arms"between defence and prosecution teams, the ICC has established anindependent Office of Public Counsel for the Defence (OPCD) toprovide logistical support, advice and information to defendants andtheir counsel. The OPCD also helps to safeguard the rights of theaccused during the initial stages of an investigation. However,Thomas Lubanga's defense team say they were given a smaller budgetthan the Prosecutor and that evidence and witness statements wereslow to arrive.