s as legal persons). The result of this is that corporations cannot be indicted nor tried by the ICC. However, this is not to be confused with corporate officers and employees, who can be held individually criminally responsible for genocide, crimes against humanity and war crimes, or responsible as "commanders" or "superiors" under article 28. That article specifically provides for the responsibility of commanders and other superiors for the actions of their subordinates, in certain circumstances.
At the same time, the Statute recognises certain grounds for excluding criminal responsibility, such as self-defence, mental incapacity, and mistake of fact (articles 31 & 32). Note however that a person cannot claim as a defence that they were acting pursuant to the order of a Government or a superior, unless
(i) the person was under a legal obligation to obey orders of the Government or the superior in question;
(ii) the person did not know that the order was unlawful; and
(iii) the order was not manifestly unlawful.
The Statute further provides that an order requiring a person to commit genocide or crimes against humanity is a manifestly unlawful order (article 33). Note also Article 30, which stipulates that an intent to commit the crime and knowledge of the crime be proven, in accordance with the relevant definitions in the Statute.
How a case is brought to trial
Upon the application of the Prosecutor, the Pre-Trial Chamber decides whether or not to issue a warrant for the arrest and surrender of a person suspected of committing an ICC crime. The Statute sets out a number of factors that the Chamber must take into account, before issuing such a warrant, including reasonable grounds to believe that the person committed the crime that is under investigation (article 58). States Parties are required to assist the Court in executing requests to arrest and surrender persons to the ICC (articles 59 & 89). Once the person is brought before the Court, either voluntarily or by means of a warrant, the Pre-Trial Chamber must hold a confirmation hearing, to ensure that the Prosecutor has sufficient evidence to support each charge (article 61 (5)). The person is entitled to apply for interim release at several stages in the pretrial phase (articles 59 (3) & 60 (2)). There are also several opportunities for the accused, the Prosecutor and States to ask the Pre-Trial Chamber to review various decisions of the Prosecutor and to appeal certain decisions of the Pre-Trial Chamber prior to the commencement of a trial (for example, see articles 19 & 53).
The right to a fair trial
The right to a fair trial is guaranteed in the Statute. For example, the accused must be present during the trial (article 63); the accused is entitled to be presumed innocent until proven guilty before the Court in accordance with the applicable law (article 66 (1)); the Prosecutor has the onus to prove the guilt of the accused, and must persuade the Court of the guilt of the accused beyond a reasonable doubt (article 66 (2) & (3)). Article 67 sets out the rights of the accused to a fair and public hearing, which will be conducted in accordance with standards that are derived from the International Covenant on Civil and Political Rights and other widely accepted international instruments. Vulnerable witnesses and victims will also be protected during any proceedings, and the Court will decide which evidence is admissible or not (articles 68 & 69). The Court will be able to prosecute persons who attempt to interfere with the administration of justice, for example by giving false testimony or by bribing or threatening judges (article 70).
Article 74 provides that all the judges of the Trial Chamber must be present at each stage of the trial and throughout their deliberations, and must attempt to reach a unanimous verdict. Their deci
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