ABSTRACT
The Prosecutor at the International Criminal Court (ICC) has decided to open investigations into some situations and therefore it is reasonable to expect that in some cases the charges will be confirmed leading up to the first trial before the ICC. The Rome Statute does not contain any detailed provisions regarding the conduct and phasing of the proceedings. Being characterized by the obligation of the parties to investigate their case and present evidence during trial the nature of the proceedings before the ICC corresponds to the nature of the proceedings before the ad hoc–Tribunals. Guidance as to how a trial will be conducted before the ICC might therefore be found in the procedure before the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda. During the trial, each party is entitled to call witnesses and present evidence.
