Judicial impartiality is one of the fundamental pillars of the criminal process because it directly affects the right to a fair trial and in the area of international criminal justice, the role played by judges in relation to evidentiary activity raises interesting legal questions. The present study intends to approach an overview to the judicial function of magistrates in the criminal process before the International Criminal Court and identify the main evidentiary difficulties that arise in practice, with special attention to those cases in which procedural rights and guarantees of the parties are involved.
