The International Criminal Law blog

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The International Criminal Law blog

ICC Prosecutor seeks to narrow Nature and Scope of the Confirmation Hearing

8 September 2011 by Steven Kay

In this blog a few weeks ago I mentioned the paper exercise which seemed to be emerging as a practice of the Prosecution at the ICC, to reduce the effectiveness in the process of the Confirmation Hearing.
It seems my concerns have been realised in the Kenya 1 case where the Prosecutor has filed a motion containing observations to restrict the nature and scope of the Confirmation hearing. The filing seeks to restrict the importance of defence evidence and states:
"The purpose of the confirmation hearing is only to insure that the Prosecution’s evidence, at its highest, establishes that there exist “substantial grounds” to believe that the suspect committed the crimes charged.
Accordingly, the Defence cannot defeat confirmation by simply presenting witnesses or documents that purport to contradict the evidence put forth by the Prosecution at confirmation. The process of resolving contradictions in evidence, which requires a full airing of the evidence on both sides and a careful weighing and evaluation of all of the different pieces of evidence, occurs at trial."
If that be the case one wonders why the founding fathers of the ICC deemed it necessary to include the Defence in the process at all, unless they are mere spectators to a coronation. 2011.08.26- Obs scope conf hearing (ENG)-297

Posted in International
Tagged Kenya







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