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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 CRIMINAL LAW REVIEW 16 (2016) 158-176 CriminalLaw
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

        Dhruv Sharma
     National Law University, Delhi, India
        dhruv.v.sharna@qmaiL corn


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.


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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