Admissibility of Evidence, Standard of Proof, and Nature of the Decision in the ICC Confirmation of Charges in Lubanga

摘要

On 29 January 2007, Pre-Trial Chamber I of the International Criminal Court issued the decision on the confirmation of charges in the Lubanga case, committing the suspect for trial for the war crime of conscripting and enlisting children under the age of 15 years. This article focuses on some procedural aspects of the decision: the admissibility of evidence for the purpose of confirmation of charges, the applicable standard of proof, the duty to render a reasoned decision and the issue of impartiality of judges, as well as the power of the judges to characterize the offences differently from the Prosecutor's Charging Document. It is argued that some of the positions taken in this decision are not uncontroversial, and will require further judicial interpretation to become less contentious.