ABSTRACT
The role of the proceedings leading to the confirmation of charges hearing and the impact of the confirmation decision on the conduct of the trial has become so preponderant in recent years to the extent that its original purpose is now in question. The jurisprudence of the Court has consistently insisted on the importance of the role of the pre-trial judges in ensuring judicial economy when filtering between cases that are meritorious of being heard at trial and cases that are not. This function has been framed in the context of the limited purpose of the confirmation of charges hearing as opposed to trial proceedings. In exercising their mandate, various Pre-trial Chambers have explained their role with regard to the evaluation of the evidence presented by the Prosecutor to support the charges against the suspects. According to an established jurisprudence, in order to meet the evidentiary threshold for committing a suspect for trial, the Prosecutor does not have to tender more evidence than is, in her view, necessary, to prove that the charges should be confirmed.
