Trial Division

The Trial Division is composed predominantly of judges with criminal trial experience. They shall serve in this Division for a period of three years, and thereafter until the completion of any case if the hearing has already started.

The judges assigned to the Trial Division are the Second Vice-President, Judge Elizabeth Odio Benito, and Judge René Blattmann, Judge Maureen Harding Clark, Judge Anita Ušacka, Judge Sir Adrian Fulford, and Judge Karl Hudson-Phillips.

Trial Chamber

Three judges of the Division carry out the judicial functions of the Trial Chamber (Article 39 (2)(b)(ii) of the Rome Statute).

The major role of the Trial Chamber, expressed in article 64 of the Rome Statute, is adopting all the necessary procedures to ensure that a trial is fair and expeditious, and is conducted with full respect for the rights of the accused with regard for the protection of victims and witnesses.

Upon the preliminary decision on the admissibility of a case and after the confirmation of the of the charges by the Pre-Trial Chamber, the Presidency constitutes a Trial Chamber responsible for the conduct of subsequent proceedings. (Article 61(11)).

The Presidency can decide to attach temporarily to the Trial Division a judge assigned to the Pre Trial Division if the efficient management of the Court’s workload so requires, but a judge who has participated in the pre-trial phase of a case can not, under any circumstances, be eligible to sit on the Trial Chamber hearing that case. (Article 39(4))

The Trial Chamber determines the innocence or guilt of the accused.

Once the Trial Chamber deliberates that the accused is guilty, it can impose imprisonment for a specified number of years, which may not exceed a maximum of thirty years or a term of life imprisonment. Financial penalties can be imposed (Article 77). The Trial Chamber can also order a convicted person to pay money for compensation, restitution or rehabilitation for victims (Article 75 (2)).

Trial must be held in public hearings, unless special circumstances require that certain proceedings be in closed session to protect confidential or sensitive information to be given in evidence, and victims and witnesses as provided in article 68.