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16 Int'l Crim. L. Rev. 158 (2016)
Arrest Warrants at the International Criminal Court: Reasonable Suspicion or Reasonable Grounds to Believe

handle is hein.journals/intcrimlrb16 and id is 164 raw text is: International INTERNATIONAL CRIMINAL LAW REVIEW 16 (2016) 158-176 CriminalLaw Review BRILL N IJ HO F F brilLcom/icla Arrest Warrants at the International Criminal Court: Reasonable Suspicion or Reasonable Grounds to Believe? Amrutanshu Dash National Law University, Delhi, India amrutanshu.dash@gmaiLcom Dhruv Sharma National Law University, Delhi, India dhruv.v.sharna@qmaiL corn Abstract Pre-trial detention is not advance punishment and the deprivation of liberty should only occur if necessary in the interests of justice. Striving to achieve this objective, Article 58 of the Rome Statute dictates that an arrest warrant shall be issued if there are reasonable grounds to believe that the person has committed a crime within the jurisdiction of the court. The Pre-Trial Chamber has over the years relied on the reasonable suspicion threshold sourced from the European Convention on Human Rights (ECHR) as an elucidation of the reasonable belief standard. It is argued that the reliance on EC HR is misplaced in the context of the evidentiary thresholds present in the Rome Statue. Textually, reasonable belief is a higher standard than reasonable suspicion. Instead, it is submitted that the Court should rely on the prima facie case jurisprudence from the ICTY to interpret the threshold for Article 58. Keywords arrest warrants - international criminal law - International Criminal Court (Icc) - evidentiary standards - reasonable suspicion - reasonable grounds to believe - Article 58 Rome Statute - ICC Statute © KONINKLIJKE BRILL NV, LEIDEN, 2015 1 DOI 10.1163/15718123-01601004

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