CAMERA PRELIMINARĂ – FILTRUL JUDICIAR AL ACUZĂRII ÎN DREPTUL PENAL INTERNAŢIONAL
THE PRE-TRIAL CHAMBER – THE JUDICIAL FILTER OF PROSECUTION IN INTERNATIONAL CRIMINAL LAW

Summary/Abstract: Primarily, the institution of the Pre-Trial Chamber within the proceedings of the International Criminal Court (ICC) plays a crucial role in ensuring a balance between the Prosecutor’s extensive prerogatives and the need to protect the fundamental rights of individuals targeted by the Court’s investigations. Established under the Rome Statute as an innovative mechanism, the Pre-Trial Chamber acts as a “judicial filter” aimed at conferring legitimacy to the international criminal process and preventing potential abuses of prosecutorial power. Its competences are particularly evident in authorizing investigations, confirming charges, issuing arrest warrants or summonses, and monitoring international cooperation. Through this positioning, the Pre-Trial Chamber becomes an essential actor in the procedural architecture of the Court, standing apart from the ad hoc tribunal models where such a mechanism did not exist. This article seeks to analyze the role and functions of the Pre-Trial Chamber, its significance in safeguarding legality and balance within international criminal proceedings, as well as its relevant jurisprudence, which has shaped key standards regarding the opening of investigations, confirmation of charges, and victims’ participation in proceedings. Additionally, the paper offers a brief comparative analysis between national and international Pre-Trial Chambers, highlighting their distinct approaches and perspectives.

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