International Criminal Pre-Trial Justice:The Challenges To Fair Trial. Assessing the Guarantees Provided by the Right to Fair Trial in PreTrial Proceedings at the International Criminal Court

      Аннотация: The numerous debates, problems and questions that have characterized the pursuit of international criminal justice are of considerable historical pedigree. This is due to the chequered nature of the history that make up prosecutions for international crimes, the cosmopolitan parameters of international criminal court systems and trials, as well as due to novel structural changes like the birth of the Pre-trial chamber. The need to guarantee an early judicial control of the prosecutorial investigations is at the origin of the Pre-Trial Chamber. There are currently three PTC(s) in the ICC, each of which has a single judge. The concept of preliminary trial proceedings within the ICC Statute encompasses the initiation of an investigation, issuance of arrest warrants or summons to appear, arrest proceedings in the custodial State, initial proceedings and confirmation of charges. Fair trial ipso facto implies for the most part, the fairness and expeditiousness during pre-trial proceedings. Both of these concepts secure to a large extent the “justice” of the entire criminal proceedings and both fairness and expeditiousness form veritable pillars of international criminal justice.

Ключевые слова: fair trial, International Criminal Court, Pre-trial Proceedings