Evidence power before the international criminal court

Abstract

This study examines one of the main hottest legal topics concerning the proof before the International Criminal Court (ICC), by which it is reached the power of proof before the ICC is limited to the Prosecutor, and this authority is not absolute but is restricted by the authorization of the Pre-Trial Chamber.This study has divided into two parts, the first one analyzes the burden of proof as an absolute power of the Prosecutor, and the second is Prosecutor's powers of indictment.While the second part deals with the Pre-Trial Chamber's control of the Prosecutor's powers of proof by examining the need for the Prosecutor to obtain prior authorization when undertaking certain powers of investigation and evidence, and the Pre-Trial Chamber control of the work of the Prosecutor during the indictment phase.