Chicago Journal of International Law


The Pre-Trial Chambers of the International Criminal Court have become critically important to its functioning. This Article identifies the trends that cut across the decisions of the ICC's Pre-Trial Chambers. It argues that they have taken a proactive approach to judicial decision-making, analyzing each legal and factual question raised rather than deferring or punting issues to the Trial Chambers. It then explains how the expression of this proactive approach varies depending on whether the Chambers are maintaining, clarifying, or expanding the field of international criminal law.