Background to the Confirmation Hearing

The purpose of the confirmation hearing is for the Prosecution to show it has sufficient evidence to establish substantial grounds to believe that the person committed the crime charged. The Defence can object to the charges, challenge Prosecution evidence and bring its own evidence at this stage of the proceedings.

An arrest warrant was issued against Mr Lubanga in March this year on the basis of prosecution evidence showing under Article 58 of the Statute that there are ‘reasonable grounds to believe that the person has committed a crime within the jurisdiction of the Court’. On 9 November, more than seven months later, the twice postponed confirmation hearing has now started requiring the Prosecution to fulfil a higher standard of proof and show there are ‘substantial grounds to believe’ Mr Lubanga committed the crimes with which he is charged. Should the case proceed to trial, the Prosecution must prove his guilt beyond reasonable doubt.