I. LEGAL NATURE AND IMPORTANCE OF A CONFIRMATION OF CHARGES HEARING
A. Governing Legal Framework
The confirmation of charges procedure is governed principally by:
• Article 61 of the Rome Statute of the International Criminal Court
• Rules 121–122 of the ICC Rules of Procedure and Evidence
• Relevant jurisprudence of ICC Pre-Trial Chambers
The hearing is conducted before a Pre-Trial Chamber.
B. Purpose of the Hearing
The confirmation of charges hearing is not a trial.
Its legal purpose is to determine whether there is sufficient evidence to establish “substantial grounds to believe” that the accused committed each of the crimes charged (Article 61(7), Rome Statute).
This standard is:
• Higher than “reasonable grounds to believe” (used for arrest warrants under Article 58),
• Lower than “beyond reasonable doubt” (the standard required for conviction under Article 66(3)).
Thus, it is a filtering mechanism — a judicial screening device to prevent weak or speculative cases from proceeding to trial.
C. Burden and Standard of Proof
The Prosecutor bears the burden of proof at this stage.
Article 61(7) provides that the Chamber shall confirm the charges if it determines there is sufficient evidence to establish substantial grounds to believe the person committed the crimes charged.
If the Prosecutor fails to meet this evidentiary threshold, the charges are declined and the case does not proceed to trial.
D. Rights of the Accused
The accused enjoys full due process guarantees under Article 67 of the Rome Statute, including:
• The presumption of innocence (Article 66(1))
• The right to counsel
• The right to challenge the evidence
• The right to present evidence
The defense may:
• Object to charges
• Challenge the admissibility of evidence
• Contest jurisdiction or admissibility (Articles 17–19)
E. Possible Outcomes (Article 61(7))
After the hearing, the Pre-Trial Chamber may:
1. Confirm the charges and commit the accused to trial;
2. Decline to confirm the charges; or
3. Adjourn the hearing and request additional evidence or amended charges.
Confirmation does not equate to guilt. It simply authorizes the case to proceed to trial.
II. WHAT HAPPENS AFTER CONFIRMATION OF CHARGES
A. Constitution of the Trial Chamber
Upon confirmation, the Presidency of the ICC constitutes a Trial Chamber under Article 39.
The case is then transmitted to the Trial Chamber.
B. Preparation for Trial
The Trial Chamber:
• Issues directions on disclosure
• Sets a trial calendar
• Resolves evidentiary matters
• Addresses victim participation (Article 68)
Victims may participate through legal representatives, a distinctive feature of ICC proceedings.
C. Trial Proper
The trial is governed primarily by Articles 64–76 of the Rome Statute.
Key features:
1. Public trial (Article 64(7))
2. Presentation of prosecution evidence
3. Cross-examination by defense
4. Presentation of defense evidence
5. Possible rebuttal and rejoinder
The Prosecutor must prove guilt beyond reasonable doubt (Article 66(3)).
D. Judgment
Under Article 74:
• The Trial Chamber’s decision must be based only on evidence submitted and discussed at trial.
• The decision is taken by majority of judges.
• A written, reasoned judgment is issued.
If guilt is established beyond reasonable doubt, the Court proceeds to sentencing.
E. Sentencing
Sentencing is governed by Article 77 (penalties) and Article 78 (determination of sentence).
Possible penalties include:
• Imprisonment up to 30 years
• Life imprisonment (when justified by gravity and individual circumstances)
• Fines
• Forfeiture of assets
F. Reparations to Victims
Under Article 75, the Court may order reparations, including:
• Restitution
• Compensation
• Rehabilitation
This is a major structural distinction between the ICC and many domestic systems.
G. Appeal
Both conviction and acquittal are appealable to the Appeals Chamber (Articles 81–83).
Grounds include:
• Procedural error
• Error of fact
• Error of law
The Appeals Chamber may affirm, reverse, amend, or order a new trial.
III. LEGAL AND POLITICAL SIGNIFICANCE
The confirmation of charges stage is legally pivotal because:
1. It judicially affirms that the evidence satisfies an international legal threshold.
2. It defines the exact contours of criminal liability going into trial.
3. It crystallizes the case theory of the Prosecutor.
4. It frames the issues for adjudication.
Politically, while the presumption of innocence remains intact, confirmation signals that allegations have passed an adversarial judicial scrutiny under international standards.
However, only conviction after full trial satisfies the constitutional analogue of due process at the international level.
IV. RELEVANT LEGAL PROVISIONS (PRIMARY SOURCES)
Rome Statute of the International Criminal Court
Articles 17–19 (Admissibility and Jurisdiction)
Article 39 (Chambers)
Article 58 (Arrest Warrants)
Article 61 (Confirmation of Charges)
Articles 64–76 (Trial and Judgment)
Article 66 (Presumption of Innocence and Burden of Proof)
Article 75 (Reparations)
Articles 77–78 (Penalties and Sentencing)
Articles 81–83 (Appeals)
ICC Rules of Procedure and Evidence
Rules 121–122 (Confirmation of Charges Hearing)
V. CLEAN LINKS TO SOURCES
Rome Statute (Official ICC text)
https://www.icc-cpi.int/sites/default/files/RS-Eng.pdf
ICC Rules of Procedure and Evidence
https://www.icc-cpi.int/sites/default/files/Publications/Rules-of-Procedure-and-Evidence.pdf
ICC Legal Tools Database
https://www.legal-tools.org
ICC Official Website
https://www.icc-cpi.int
CONCLUSION
The confirmation of charges hearing is a judicial gateway — not a verdict. It determines whether the Prosecutor has marshaled enough evidence to justify a full adversarial trial.
If charges are confirmed, the case transitions from preliminary judicial screening to the formal trial phase, where guilt must be proven beyond reasonable doubt, culminating in judgment, sentencing, reparations, and possible appeal.
In doctrinal terms, it is the hinge between accusation and adjudication — between investigatory assertion and judicial determination.
(Assisted by ChatGPT, February 15, 2026)
