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Confirmation of charges at ICC

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Ahmad Al Faqi Al Mahdi

Ahmad Al Faqi Al Mahdi at the opening of the confirmation of charges hearing before Pre-Trial Chamber I of the International Criminal Court (ICC) on 1 March 2016 in The Hague (Netherlands) © ICC-CPI

Confirmation of charges hearing in the case of The Prosecutor v. Ahmad Al Faqi Al Mahdi.

Today, 1 March 2016, the confirmation of charges hearing in the case The Prosecutor v. Ahmad Al Faqi Al Mahdi took place before Pre-Trial Chamber I of the International Criminal Court (ICC), composed of Judges Joyce Aluoch (Kenya), Presiding, Cuno Tarfusser (Italy) and Péter Kovács (Hungary).

 

In accordance with Regulation 53 of the Regulations of the Court, the Pre-Trial Chamber shall deliver its written decision within 60 days from the date the confirmation hearing ends. The Pre-Trial Chamber may then:

  • confirm those charges in relation to which it has determined that there is sufficient evidence. In that event, the case will go to trial before a Trial-Chamber;
  • decline to confirm those charges in relation to which it has determined that there is insufficient evidence and adjourn the proceedings against Mr Al Mahdi;
  • adjourn the hearing and request the Prosecutor to provide further evidence or conduct further investigations or to amend any charge for which the evidence submitted appears to establish that a crime other than the crime charged was committed.

The Defence and the Prosecution cannot directly appeal this decision however they can request authorisation from the Pre-Trial Chamber to appeal it.

The confirmation of charges hearing is not a trial. It is a Pre-Trial hearing held to determine whether there is sufficient evidence to establish substantial grounds to believe that the person committed each of the crimes charged. If charges are confirmed, the Pre-Trial Chamber commits the case for trial before a Trial Chamber, which conducts the subsequent phase of the proceedings: the trial.

For more information on this case, please click here.

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