The International Criminal Court (ICC) is the most relevant permanent court in the fight against impunity for the most serious crimes affecting the international community: genocide, crimes against humanity, war crimes and the crime of aggression.
To ensure fair proceedings, the ICC establishes progressive levels of proof at each procedural stage. Knowing them is essential to design effective defensive strategies and anticipate risks in international proceedings.
At VENFORT Abogados, we are accredited before the International Criminal Court to defend persons under investigation or accused, and to represent victims. Our track record includes advising high-profile clients in the Americas, Europe and Western Asia.
Initiation of the investigation: "Reasonable basis for proceeding" 2.
According to Article 53 of the Rome Statute, before opening a formal investigation, the Prosecutor must demonstrate that there is a reasonable basis to proceed. This standard is low: it is sufficient that the facts available suggest that a crime within the jurisdiction of the Court has been committed.
Practical example: In CAR Situation II, the Office of the Prosecutor opened an investigation in 2014 based on reports of systematic sexual violence, without the need to identify individual perpetrators.
Defensive strategy: Here it is crucial to present information that discredits the seriousness of the context, questions the existence of crimes, or invokes the principle of complementarity for ongoing national investigations.
2. Arrest warrant or subpoena: "Reasonable grounds to believe".
According to Article 58 of the Rome Statute, for a warrant of arrest or a summons to be issued, the Pre-Trial Chamber must find that there are reasonable grounds to believe that the person has committed a crime.
Practical example: The warrants against Joseph Kony and Vincent Otti (Uganda) were based on victim testimonies and NGO reports, without the need to assess all the evidence.
Defensive strategy: Challenging the reliability of sources, identifying inconsistencies in testimony and dismantling the connection between the accused and the facts can avoid custodial measures.
3. Confirmation of charges: "Reasons enough to believe".
At the confirmation hearing, regulated by Article 61 of the Rome Statute, the prosecutor must demonstrate sufficient grounds to believe that the accused committed the crimes attributed to him.
Practical example: In the Katanga case (D.R. Congo), the charges were confirmed based on forensic evidence, protected witness testimony and documentation of military operations.
Defensive strategy: It is vital to dismantle the consistency of the evidence, propose plausible alternative versions, and denounce defects of form or substance in the gathering of evidence.
Judgment: "Beyond reasonable doubt" 4.
During the trial, the prosecutor must prove guilt beyond a reasonable doubt (Article 66 of the Rome Statute). This is the highest standard and requires clear and direct evidence on all elements of the crime.
Practical example: In the trial against Laurent Gbagbo (Ivory Coast), the court acquitted the defendant in 2019 by concluding that the prosecution failed to meet this standard.
Defensive strategy: Any ambiguity, contradiction or insufficiency of evidence may result in acquittal. The defense should focus on undermining the credibility of subjective elements such as intent and knowledge of the act.
Conclusion
Understanding the standard of proof before the ICC is not a theoretical exercise, but a decisive tool to influence the outcome of international criminal proceedings.
From the opening of the investigation to the final sentence, knowing and anticipating the evidentiary requirements allows for the construction of solid, strategic and technically founded defenses.
Do you need representation before the International Criminal Court?
At VENFORT Lawyers we offer specialized international criminal defense. We are accredited before the ICC and also act before INTERPOL and national courts in Spain and Venezuela.
Our experience guarantees legal certainty, protection of fundamental rights and technical control of the process in all its phases. Contact us for preventive advice or integral defense in international proceedings.
