The Confirmation of Charges before the International Criminal Court: Evaluation and First Application

This article examines the different aspects of the confirmation of charges before the International Criminal Court as provided for by article 61 of the Rome Statute. It discusses the procedure prior to the confirmation of charges including the disclosure of evidence, the requirement for the Prosecutor to establish "substantial grounds to believe" that the arrested person has committed the alleged crimes, and the various options open to the different participants to the confirmation hearing. The Thomas Lubanga Dyilo case, in which Pre-Trial Chamber I confirmed the charges on 29 January 2006, will be referred to in order to evaluate the first application of the provisions relating to the confirmation of charges.