Burden of Proof

The Chamber considered the standard of proof required at this stage of proceedings as defined in Article 61 (7) of the Statute (‘...sufficient evidence to establish substantial grounds to believe..’) It determined that this meant the charges must go beyond ‘mere theory or suspicion.’ The Chamber further stated that the confirmation hearing had the limited purpose of protecting the Defence against ‘wrongful or wholly unfounded allegations.’  The Chamber therefore held that it had to determine whether there were 'serious and substantiated grounds to believe that the suspect had committed the crimes charged.'  The Chamber also indicated that it had assessed the evidence admitted for the purposes of the confirmation hearing in its entirety.

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