Chapter 4. Provisions relating to various stages of the proceedings

• Author: International Criminal Court
• Pages: 23-42

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Rules of Procedure and Evidence

Chapter 4.

Provisions relating to various stages of the proceedings

Section I. Evidence

Rule 63

General provisions relating to evidence

1. The rules of evidence set forth in this chapter, together with article 69, shall apply in

proceedings before all Chambers.

2. A Chamber shall have the authority, in accordance with the discretion described in

article 64, paragraph 9, to assess freely all evidence submitted in order to determine its

relevance or admissibility in accordance with article 69.

3. A Chamber shall rule on an application of a party or on its own motion, made under

article 64, subparagraph 9 (a), concerning admissibility when it is based on the grounds

set out in article 69, paragraph 7.

4. Without prejudice to article 66, paragraph 3, a Chamber shall not impose a legal

requirement that corroboration is required in order to prove any crime within the

jurisdiction of the Court, in particular, crimes of sexual violence.

5. The Chambers shall not apply national laws governing evidence, other than in accordance

with article 21.

Rule 64

Procedure relating to the relevance or admissibility of evidence

1. An issue relating to relevance or admissibility must be raised at the time when the

evidence is submitted to a Chamber. Exceptionally, when those issues were not known

at the time when the evidence was submitted, it may be raised immediately after the

issue has become known. The Chamber may request that the issue be raised in writing.

The written motion shall be communicated by the Court to all those who participate in

the proceedings, unless otherwise decided by the Court.

2. A Chamber shall give reasons for any rulings it makes on evidentiary matters. These

reasons shall be placed in the record of the proceedings if they have not already been

incorporated into the record during the course of the proceedings in accordance with

article 64, paragraph 10, and rule 137, sub-rule 1.

3. Evidence ruled irrelevant or inadmissible shall not be considered by the Chamber.

Rule 65

Compellability of witnesses

1. A witness who appears before the Court is compellable by the Court to provide

testimony, unless otherwise provided for in the Statute and the Rules, in particular

rules 73, 74 and 75.

2. Rule 171 applies to a witness appearing before the Court who is compellable to provide

testimony under sub-rule 1.

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Rules of Procedure and Evidence

Rule 66

Solemn undertaking

1. Except as described in sub-rule 2, every witness shall, in accordance with article 69,

paragraph 1, make the following solemn undertaking before testifying:

“I solemnly declare that I will speak the truth, the whole truth and nothing but the

truth.”

2. A person under the age of 18 or a person whose judgement has been impaired and who,

in the opinion of the Chamber, does not understand the nature of a solemn undertaking

may be allowed to testify without this solemn undertaking if the Chamber considers that

the person is able to describe matters of which he or she has knowledge and that the

person understands the meaning of the duty to speak the truth.

3. Before testifying, the witness shall be informed of the offence def‌ined in article 70,

paragraph 1 (a).

Rule 67

Live testimony by means of audio or video-link technology

1. In accordance with article 69, paragraph 2, a Chamber may allow a witness to give

viva voce (oral) testimony before the Chamber by means of audio or video technology,

provided that such technology permits the witness to be examined by the Prosecutor,

the defence, and by the Chamber itself, at the time that the witness so testif‌ies.

2. The examination of a witness under this rule shall be conducted in accordance with the

relevant rules of this chapter.

3. The Chamber, with the assistance of the Registry, shall ensure that the venue chosen for

the conduct of the audio or video-link testimony is conducive to the giving of truthful

and open testimony and to the safety, physical and psychological well-being, dignity and

privacy of the witness.

Rule 684

Prior recorded testimony

1. When the Pre-Trial Chamber has not taken measures under article 56, the Trial Chamber

may, in accordance with article 69, paragraphs 2 and 4, and after hearing the parties,

allow the introduction of previously recorded audio or video testimony of a witness,

or the transcript or other documented evidence of such testimony, provided that this

would not be prejudicial to or inconsistent with the rights of the accused and that the

requirements of one or more of the following sub-rules are met.

2. If the witness who gave the previously recorded testimony is not present before the

Trial Chamber, the Chamber may allow the introduction of that previously recorded

testimony in any one of the following instances:

(a) Both the Prosecutor and the defence had the opportunity to examine the witness

during the recording.

4 As amen ded by resolution ICC-ASP/12 /Res.7.