Indictment

An indictment is the formal charging instrument that commences a criminal case for serious offenses. It sets out the specific crimes alleged, the statutory provisions violated, and the factual basis sufficient to put the accused on notice of the case against them. An indictment is not a finding of guilt; it reflects only that a prosecuting authority (or a grand jury, where one is used) has determined there is enough evidence to proceed to trial.

Procedures vary by jurisdiction:

• In the United States, the Fifth Amendment requires a grand jury indictment for federal felonies ("No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury"). State practice differs: some states use grand juries, others permit prosecution by information after a preliminary hearing.
• In England and Wales, indictments are used for trials on indictment in the Crown Court, governed by the Indictments Act 1915 and the Criminal Procedure Rules.
• In international criminal law, the term often refers to the charging document issued by a prosecutor and confirmed by a pre-trial judge or chamber. The Rome Statute of the International Criminal Court (1998) uses the language of "charges" confirmed under Article 61, while the ad hoc tribunals (ICTY, ICTR) used the term "indictment" directly, requiring confirmation by a judge under their respective Rules of Procedure and Evidence.

For Model UN delegates and IR researchers, indictments are politically consequential because they convert allegations into formal legal proceedings, can trigger arrest warrants, and may constrain a suspect's travel through cooperation obligations on states parties. They also frequently become diplomatic flashpoints when the accused is a sitting head of state or senior official, raising questions about head-of-state immunity, complementarity, and enforcement.

An indictment typically remains in force until trial, withdrawal by the prosecutor, dismissal by a court, or — in some international contexts — the death of the accused.