PART 6. The trial

• Author: International Criminal Court
• Pages: 45-54

45

Rome Statute of the International Criminal Court

PART 6.

THE TRIAL

Article 62

Place of trial

Unless otherwise decided, the place of the trial shall be the seat of the Court.

Article 63

Trial in the presence of the accused

1. The accused shall be present during the trial.

2. If the accused, being present before the Court, continues to disrupt the trial, the

Trial Chamber may remove the accused and shall make provision for him or her to

observe the trial and instruct counsel from outside the courtroom, through the use

of communications technology, if required. Such measures shall be taken only in

exceptional circumstances after other reasonable alternatives have proved inadequate,

and only for such duration as is strictly required.

Article 64

Functions and powers of the Trial Chamber

1. The functions and powers of the Trial Chamber set out in this article shall be exercised

in accordance with this Statute and the Rules of Procedure and Evidence.

2. The Trial Chamber shall ensure that a trial is fair and expeditious and is conducted

with full respect for the rights of the accused and due regard for the protection of

victims and witnesses.

3. Upon assignment of a case for trial in accordance with this Statute, the Trial Chamber

assigned to deal with the case shall:

(a) Confer with the parties and adopt such procedures as are necessary to facilitate

the fair and expeditious conduct of the proceedings;

(b) Determine the language or languages to be used at trial; and

(c) Subject to any other relevant provisions of this Statute, provide for disclosure

of documents or information not previously disclosed, suff‌iciently in advance

of the commencement of the trial to enable adequate preparation for trial.

4. The Trial Chamber may, if necessary for its effective and fair functioning, refer

preliminary issues to the Pre-Trial Chamber or, if necessary, to another available judge

of the Pre-Trial Division.

5. Upon notice to the parties, the Trial Chamber may, as appropriate, direct that there be

joinder or severance in respect of charges against more than one accused.

6. In performing its functions prior to trial or during the course of a trial, the Trial

Chamber may, as necessary:

(a) Exercise any functions of the Pre-Trial Chamber referred to in article 61,

paragraph 11;