How the Court Works

States Parties or the United Nations Security Council may refer situations of crimes within the jurisdiction of the Court to the Prosecutor.  The Prosecutor evaluates the available information and commences an investigation unless he determines there is no reasonable basis to proceed.

The Prosecutor may also begin an investigation on his own initiative.  In doing so, he receives and analyzes information submitted by a variety of reliable sources.  If the Prosecutor concludes there is a reasonable basis to proceed with an investigation, he asks a Pre-Trial Chamber to authorize an investigation. 

The Prosecutor’s investigations cover all facts and evidence relevant to an assessment of criminal responsibility.  The Prosecutor investigates incriminating and exonerating circumstance equally and fully respects the rights of the accused.

During the duration of an investigation, each situation is assigned to a Pre-Trial Chamber.  The Pre-Trial Chamber is responsible for the judicial aspects of proceedings.  Among its functions, the Pre-Trial Chamber, on the application of the Prosecutor, may issue a warrant of arrest or a summons to appear if there are reasonable grounds to believe a person has committed a crime within the jurisdiction of the Court.  Once a wanted person has been surrendered to or voluntarily appears before the Court, the Pre-Trial Chamber holds a hearing to confirm the charges that will be the basis of the trial.

Following the confirmation of charges, a case is assigned to a Trial Chamber of three judges.  The Trial Chamber is responsible for conducting fair and expeditious proceedings with full respect for the rights of the accused.  The accused is presumed innocent until proven guilty by the Prosecutor beyond reasonable doubt.  The accused has the right to conduct the defence in person or through counsel of his or her choosing.  Victims may also participate in proceedings directly or through their legal representatives.

Upon conclusion of the proceedings, the Trial Chamber issues its decision, acquitting or convicting the accused.  If the accused is convicted, the Trial Chamber issues a sentence for a specified term of up to thirty years or, when justified by the extreme gravity of the crime and the individual circumstances of the convicted person, life imprisonment.  The Trial Chamber may also order reparations to victims.

Throughout the Pre-Trial and Trial phases, the accused, the Prosecutor or a concerned State may appeal decisions of the Chambers as specified by the Statute.  Following the decision of the Trial Chamber, the Prosecutor or the accused may appeal the decision or sentence as provided in the Statute.  Legal representatives of victims, the convicted person or bona fide owners of adversely-affected property may appeal reparations orders. All appeals are decided by the Appeals Chamber of five judges.