ICC Trials
How trials are conducted at the ICC, the rights of the accused, and landmark cases that have shaped the Court's jurisprudence.
Trial Procedure
ICC trials blend elements of the common-law (adversarial) and civil-law (inquisitorial) traditions. A Trial Chamber of three judges hears each case; there is no jury. The prosecution presents its case first, followed by the defense. Uniquely at the ICC, victims can participate through legal representatives, presenting their views and concerns at various stages rather than appearing only as witnesses. The standard of proof for conviction is beyond reasonable doubt (Article 66), and the burden rests entirely on the Prosecutor.
Trials are often lengthy. The Lubanga trial ran from 2009 to 2012 for a single set of charges; the Ntaganda trial ran from 2015 to 2019. The length reflects the complexity of the crimes, the volume of evidence, and the procedural safeguards built into the system. Under Article 67, the accused has the right to be presumed innocent, to counsel, to be informed of the charges in a language they understand, to examine witnesses, and to adequate time and facilities to prepare a defense. These fair-trial rights cannot be compromised regardless of the severity of the charges.
