Some Remarks on the Question of the Admissibility of a Case during Arrest Warrant Proceedings before the International Criminal Court

Abstract

The question whether the International Criminal Court may use its review powers to determine the admissibility of a case during the arrest warrant phase has gone widely unnoticed in legal literature on the International Criminal Court. This article treats the question from different perspectives. It presents the different stages at which admissibility questions may arise in response to a state party referral. Then it analyses the first jurisprudence of Pre-Trial Chambers I and II of the Court on the treatment of the question of admissibility at the arrest warrant stage. The article concludes that the Court may, proprio motu or based on a Prosecutor's request, rule on admissibility questions during arrest warrant proceedings per Article 58.