<P> The Court will only initiate proceedings if a crime is of "sufficient gravity to justify further action by the Court". </P> <P> The Prosecutor will initiate an investigation unless there are "substantial reasons to believe that an investigation would not serve the interests of justice" when "(t) aking into account the gravity of the crime and the interests of victims". Furthermore, even if an investigation has been initiated and there are substantial facts to warrant a prosecution and no other admissibility issues, the Prosecutor must determine whether a prosecution would serve the interests of justice "taking into account all the circumstances, including the gravity of the crime, the interests of victims and the age or infirmity of the alleged perpetrator, and his or her role in the alleged crime". </P> <P> Trials are conducted under a hybrid common law and civil law judicial system, but it has been argued the procedural orientation and character of the court is still evolving . A majority of the three judges present, as triers of fact, may reach a decision, which must include a full and reasoned statement . Trials are supposed to be public, but proceedings are often closed, and such exceptions to a public trial have not been enumerated in detail . In camera proceedings are allowed for protection of witnesses or defendants as well as for confidential or sensitive evidence . Hearsay and other indirect evidence is not generally prohibited, but it has been argued the court is guided by hearsay exceptions which are prominent in common law systems . There is no subpoena or other means to compel witnesses to come before the court, although the court has some power to compel testimony of those who chose to come before it, such as fines . </P> <P> The Rome Statute provides that all persons are presumed innocent until proven guilty beyond reasonable doubt, and establishes certain rights of the accused and persons during investigations . These include the right to be fully informed of the charges against him or her; the right to have a lawyer appointed, free of charge; the right to a speedy trial; and the right to examine the witnesses against him or her . </P>

Who can be tried in international criminal court