Plain English
Words these pages use because the court uses them. A few are special to this court, which has no jury and gives victims a voice of their own.
The court
- International Criminal Court
- A permanent court in The Hague, in the Netherlands, that tries individual people for genocide, war crimes, crimes against humanity and aggression. It is not part of the United Nations, and it only has power where its treaty gives it power.
- Rome Statute
- The treaty that set up the court and says what it can do. A country that ratifies it becomes a State Party, and the court can then try crimes committed on its soil or by its nationals.
- Withdrawal
- A country leaving the treaty. It takes effect one year after the country gives notice, and the treaty says leaving does not stop the court from carrying on with a matter it was already considering.
- The Prosecutor
- The head of the court’s Office of the Prosecutor, which investigates and brings cases on its own authority. Every case here is titled in the Prosecutor’s name.
- Chamber
- A panel of judges. A Pre-Trial Chamber of three handles a case up to the decision to send it to trial, a Trial Chamber of three hears the trial, and the Appeals Chamber of five hears appeals. There is no jury.
- Registry
- The court’s administration. It runs the courtroom, the detention center, the records, and the support given to witnesses and victims. It takes no side.
- Accused
- What this court calls the person on trial once the charges are confirmed. Before that the word is suspect.
- Victims’ lawyers
- At this court people harmed by the charged crimes can apply to take part. They do not bring the case and are not a side, but lawyers appointed for them can file papers and speak in court on what affects them. The court’s term is common legal representatives.
The paperwork
- Record number
- How a filing is cited. ICC-01/21-01/25-417 is the 417th document in this case, shortened here to Record 417. “Red” on the end means it is the public version with parts blacked out.
- Redacted
- Blacked out. Most filings here exist in a confidential version and a public one with names, dates or places removed, usually to protect witnesses and victims.
- Transcript
- The word-for-word record of a hearing. Cited by page and line, so 9:14 means page 9, line 14.
- Filing
- Any document a side or the court puts on the record. A side’s request is answered by a response, and sometimes that is answered by a reply.
- Trial brief
- A written outline, filed before trial, of the case a side means to prove and the evidence it will use.
- Disclosure
- The prosecution handing its evidence to the defense before trial, including anything that might help the defense.
The charges
- Crimes against humanity
- Certain acts, murder among them, when they are part of a widespread or systematic attack on a civilian population, carried out under a government’s or an organization’s policy.
- Count
- One charge. This case has three.
- Incident
- One of the specific killings or attempted killings the prosecution lists as an example under a count.
- Widespread or systematic attack
- What turns a murder into a crime against humanity. Widespread is about scale. Systematic is about being organized and following a pattern. Either is enough, and the attack has to be aimed at civilians.
- Policy
- The attack has to carry out the policy of a government or an organization. It does not have to be written down, and it can be shown by what was done and said.
- Common plan
- An agreement between two or more people that, if carried out, will lead to crimes. It is the core of the first way the prosecution says he is responsible.
- Indirect co-perpetration
- Committing a crime together with others and through other people. The person need not have been at the scene. The prosecution has to show a common plan, an essential part in it, and control over the people who did the killing.
- Ordering or inducing
- Telling someone to commit a crime from a position of authority, or prompting them to commit it.
- Aiding and abetting
- Helping or encouraging a crime that someone else commits, in order to make it easier.
- “Neutralize”
- The word in the Philippine police order that began the national anti-drug campaign in 2016. The prosecution says it meant kill. The defense says it meant arrest or subdue. The court’s records spell it “neutralise.”
- Davao Death Squad
- What the charges call a group of police officers and hired gunmen said to have killed people accused of crime in Davao City. The prosecution says he created and ran it. His lawyers have called it a fiction.
- Barangay
- The smallest unit of local government in the Philippines, about the size of a village or a neighborhood.
- Buy-bust
- A police sting in which an officer poses as a drug buyer and the seller is arrested in the act.
- Nanlaban
- Tagalog for “fought back.” It is what Philippine police reports say of a suspect who was shot after resisting arrest.
How a case moves
- Jurisdiction
- Whether this court has the power to hear this case at all. Here that depends on dates, because the Philippines left the court in 2019.
- Preliminary examination
- The Prosecutor’s first look at a set of events, to decide whether to ask for a full investigation. No judge is involved yet.
- Investigation
- The formal stage of gathering evidence. When the Prosecutor starts one on their own, three judges have to authorize it first.
- Deferral
- The court is meant to step in only when a country is not genuinely investigating or prosecuting the crimes itself. A country can ask the Prosecutor to stand back in favor of its own investigation.
- Arrest warrant
- A court order to arrest someone. Judges issue one when there are reasonable grounds to believe the person committed a crime and an arrest appears necessary.
- Surrender
- A country handing an arrested person over to the court. The court has no police of its own.
- First appearance
- A short hearing soon after someone arrives. The judges check who the person is, that they know the charges and their rights, and set a date for the next stage.
- Interim release
- Being let out of detention while the case goes on, with or without conditions. It is refused if there is a risk the person would flee, interfere with the case, or keep committing crimes.
- Fitness to stand trial
- Whether a person is able to understand the proceedings, follow the evidence and instruct their lawyers. It is a legal question that doctors inform and judges decide.
- Waiver
- Giving up a right in writing. He has waived his right to be present at most hearings so far. He cannot do that for the trial as a whole.
- Disqualification
- Removing a judge, prosecutor or lawyer from a case because their impartiality could reasonably be doubted.
- Confirmation of charges
- The stage where three judges decide whether the prosecution has enough to justify a trial. It is a filter, and it is not a verdict.
- Status conference
- A hearing about scheduling and logistics. No evidence is heard.
- Appeal
- Asking the five appeals judges to overturn a decision. Some decisions can be appealed as of right. For others the judges who made the decision must first give leave, meaning permission.
- Dissent
- A judge’s written disagreement with the majority. It changes nothing in the result.
- Struck
- Removed from the record or from the case, so that it cannot be relied on.
The stamp on a ruling
- Granted
- The judges said yes to the request on this card, whichever side made it.
- Granted in part
- The judges gave some of what was asked for and refused the rest.
- Denied
- The judges said no to the request on this card, whichever side made it. When a challenge is denied, what it challenged stands.
- Dismissed
- The appeals judges turned the appeal down, so the decision it was against stands.
- Confirmed
- The charges passed confirmation: the judges found enough evidence to send them to trial. It is not a finding of guilt.
Proof
- Standards of proof
- How sure the judges have to be. Reasonable grounds to believe is enough for an arrest warrant. Substantial grounds to believe is enough to send a case to trial. A conviction takes proof beyond reasonable doubt.
- Burden of proof
- Which side has to prove a thing. In a criminal trial it is the prosecution, and the accused does not have to prove anything.
- Insider witness
- A witness who was part of the group or operation being described, such as a former police officer or gunman.
- Limited-use assurance
- A written promise from the prosecution that what a witness says in an interview will not be used against that witness at this court. It is not immunity, and it is off if the witness lies.
- Hearsay
- Repeating what someone else said to prove it was true. This court can admit it, and decides how much weight it deserves.
- Corroboration
- Other evidence that backs up what a witness says.
- Prior recorded testimony
- A witness’s earlier statement or interview, admitted in place of some or all of their testimony in court. The court’s rules call it Rule 68.
- Reparations
- What a convicted person can be ordered to provide to victims, such as compensation. It is decided only after a conviction.