Ivor Bell was arrested and charged in connection with the mother of ten's disappearance last year.
The Public Prosecution Service says it's proceeding with the case, despite evidence being from the controversial Boston College tapes.
The oral history project involved interviews with former paramilitaries on the understanding they wouldn't be shared until after their deaths.
The 78 year old from Ramoan Gardens in west Belfast is to be charged with aiding and abetting the widow's murder.
Mrs McConville's disappearance in 1972 was one of the most notorious incidents of the Troubles – with her body only recovered from a County Louth beach in 2003
