The preparatory phase of the trial before the International Criminal Court

The criminal trial is subject, as a whole, to the requirements of the fair trial. The ante sentencia in the criminal trial is a phase during which the authorities of the repressive functions gather the materials of the trial and fix the basis of the accusation. At the ICC, the pre-trial phase has two main stages, including the preliminary investigation and the confirmation of charges. In terms of fair trial guarantees, some questions arise regarding the ICC prosecutor’s monopoly during the preliminary investigation, and the rights of the respondent after an arrest warrant is issued. The ICC prosecutor conducts the preliminary examination of the situation and, if necessary, opens the investigation, which he or she leads. He appears to be the driving force behind the investigation before the court, and his power to decide on the appropriateness of the prosecution is insufficiently controlled by the pre-trial chamber. The confirmation of charges before the Pre-Trial Chamber is aimed at indictment. It raises questions about the rights of the accused, who will be referred to a trial chamber if the charges are confirmed.