01/06/2001
Chapter One: Establishment of the Court (Articles 1 to 4)
Chapter Two: Jurisdiction, Admissibility and Applicable Law (Articles 5 to 21)
Chapter Three: General Principles of Criminal Law (Articles 22 to 33)
Chapter Four: The Formation and Administration of the Court (Articles 34 to 52)
Chapter Five: Investigation and Prosecution (Articles 53 to 61)
Chapter Six: The Trial (Articles 62 to 76)
Chapter Seven: Penalties (Articles 77 to 80)
Chapter Eight: Appeal and Reconsideration (Articles 81 to 85)
Chapter Nine: International Cooperation and Judicial Assistance (Articles 86 to 102)
Chapter Ten: Implementation (Articles 103 to 111)
Chapter Eleven: The Assembly of States Parties (Article 112)
Chapter Twelve: Financing (Articles 113 to 118)
Chapter Thirteen: Final Provisions (Articles 119 to 128)
Preface
The States Parties to this Statute,
Recognizing that there are common bonds uniting all peoples and that the cultures of peoples together form a common heritage, and being concerned that this delicate fabric could be torn apart at any time,
Bearing in mind that millions of children, women and men have fallen victim during this century to unimaginable atrocities that have profoundly shaken the conscience of humanity,
Recognizing that these serious crimes threaten world peace, security and well-being,
Reaffirming that the most serious crimes of concern to the entire international community must not go unpunished and that the perpetrators must be effectively prosecuted through measures taken at the national level as well as through enhanced international cooperation,
It was determined to put an end to impunity for the perpetrators of these crimes and thus contribute to preventing these crimes.
Recalling that it is the duty of every State to exercise its criminal jurisdiction over those responsible for committing international crimes;
Reaffirming the purposes and principles of the Charter of the United Nations, in particular that all States shall refrain from the threat or use of force against the territorial integrity or political independence of any State, or in any manner inconsistent with the purposes of the United Nations,
In this regard, it affirms that nothing in this Statute may be construed as authorizing any State Party to intervene in an armed conflict occurring within the internal affairs of any State,
In order to achieve these goals and for the benefit of present and future generations, it was resolved to establish a permanent, independent International Criminal Court in connection with the United Nations system and with jurisdiction over the most serious crimes of concern to the international community as a whole.
Affirming that the International Criminal Court established under this Statute will complement national criminal jurisdictions,
Determined to ensure lasting respect for the achievement of international justice,
I have agreed to the following:
Article 1: The Court
An International Criminal Court (“the Court”) is hereby established. The Court shall be a permanent body with jurisdiction over persons for the most serious crimes of international concern, as set forth in this Statute. The Court shall complement national criminal jurisdictions. The Court’s jurisdiction and procedures shall be governed by this Statute.
Article 2: The Court's relationship with the United Nations
The relationship between the Court and the United Nations is governed by an agreement adopted by the Assembly of States Parties to this Statute and subsequently concluded by the President of the Court on its behalf.
Article 3: Court Headquarters
1- The seat of the court shall be in The Hague, Netherlands (“the host country”).
2- The Court shall conclude with the host State a headquarters agreement which shall be adopted by the Assembly of States Parties and subsequently concluded by the President of the Court on its behalf.
3- The Court may hold its sessions in another place when it deems it appropriate, as provided for in this Statute.
Article 4: The legal status and powers of the court
1. The Court shall have international legal personality. It shall also have the legal capacity necessary to exercise its functions and achieve its objectives.
2- The Court may exercise its functions and powers, as provided for in this Statute, in the territory of any State Party, and may, by special agreement with any other State, exercise them in the territory of that State.
Article 5: Crimes that fall under the jurisdiction of the court
1- The Court's jurisdiction is limited to the most serious crimes of concern to the international community as a whole. Under this Statute, the Court has jurisdiction to consider the following crimes:
(a) The crime of genocide;
(b) Crimes against humanity;
(c) War crimes;
(d) The crime of aggression.
2. The Court shall exercise jurisdiction over the crime of aggression when a provision to that effect is adopted in accordance with Articles 121 and 123, defining the crime of aggression and setting out the conditions under which the Court shall exercise its jurisdiction with respect to this crime. Such a provision must be consistent with the relevant provisions of the Charter of the United Nations.
Article 6: Genocide
1- For the purpose of this Statute, "genocide" means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such:
(a) Killing members of the group;
(b) Inflicting serious physical or mental harm on members of the group;
(c) Intentionally subjecting the group to living conditions intended to bring about its actual destruction in whole or in part;
(d) Imposing measures aimed at preventing reproduction within the group;
(e) Forcibly transferring children of the group to another group.
Article 7: Crimes against humanity
1- For the purpose of this Statute, any of the following acts constitutes a "crime against humanity" when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:
(a) Intentional killing;
(b) Extermination;
(c) Slavery;
(d) Deportation or forced transfer of population;
(e) Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law;
(and) torture;
(g) Rape, sexual slavery, forced prostitution, forced pregnancy, forced sterilization, or any other form of sexual violence of such gravity,
(h) Persecution of any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, or gender grounds as defined in paragraph 3, or on other grounds universally recognized as impermissible under international law, in connection with any act referred to in this paragraph or any crime within the jurisdiction of the Court;
(i) Enforced disappearance of persons;
(y) The crime of apartheid;
(k) Other inhuman acts of a similar character intentionally causing severe suffering or serious injury to the body or to mental or physical health;
2- For the purpose of paragraph 1:
(a) The phrase “attack directed against any civilian population” means a pattern of conduct involving the repeated commission of the acts referred to in paragraph 1 against any civilian population, pursuant to or in furtherance of a policy of a State or organization to commit such attack;
(b) “Genocide” includes the deliberate imposition of living conditions, including deprivation of access to food and medicine, with the intent of destroying part of the population;
(c) “Slavery” means the exercise of any or all of the powers conferred by the right of ownership over a person, including the exercise of such powers for the purpose of trafficking in persons, particularly women and children;
(d) “Deportation or forced transfer of population” means the forcible removal of the persons concerned from the area in which they are lawfully present, by expulsion or by any other coercive act, without justifications permitted by international law;
(e) “Torture” means the intentional infliction of severe pain or suffering, whether physical or mental, on a person under the authority or control of the accused, but torture does not include any pain or suffering which arises only from, is part of, or is a result of lawful sanctions;
(f) “Forced pregnancy” means compelling a woman to become pregnant against her will and to give birth unlawfully with the intent of influencing the racial composition of any population group or committing other serious violations of international law. This definition shall in no case be interpreted in a manner that affects national laws relating to pregnancy;
(g) “Persecution” means the deliberate and severe deprivation of fundamental rights of a group of people or the entire population in violation of international law, on account of the identity of the group or the population;
(h) The “crime of apartheid” means any inhumane acts similar in character to those referred to in paragraph 1 and committed in the context of an institutionalized system of systematic oppression and domination by one racial group over any other racial group or groups, and committed with the intention of maintaining that system;
(i) “Enforced disappearance of persons” means the arrest, detention, or abduction of any persons by, or with the authorization, support, or acquiescence of, a State or a political organization, followed by a refusal to acknowledge the deprivation of liberty of such persons or to provide information about their fate or whereabouts, with the intention of placing them outside the protection of the law for a prolonged period of time.
3- For the purpose of this statute, it is understood that the expression “gender” refers to both sexes, male and female, within the framework of society, and the expression “gender” does not refer to any other meaning contrary to that.
Article 8: War Crimes
1- The Court shall have jurisdiction with respect to war crimes, particularly when they are committed as part of a general plan or policy or as part of a widespread commission of such crimes.
2- For the purpose of this Statute, "war crimes" means:
(a) Grave breaches of the Geneva Conventions of 12 August 1949, i.e. any of the following acts against persons or property protected by the provisions of the relevant Geneva Convention:
“1” Intentional killing;
“2” Torture or inhuman treatment, including conducting biological experiments;
“3” Intentionally causing severe suffering or serious bodily or health harm;
"4" Inflicting widespread destruction of property and seizing it without any military necessity justifying it, in violation of the law and in a reckless manner;
“5” Forcing any prisoner of war or any other person under protection to serve in the ranks of the forces of a hostile state;
"6" Deliberately depriving any prisoner of war or any other person under protection of their right to a fair and regular trial;
"7" Unlawful deportation, transfer, or unlawful detention;
"8" took hostages.
(b) Other serious violations of the laws and customs applicable to international armed conflicts, within the established scope of international law, i.e., any of the following acts:
“1” Intentionally directing attacks against the civilian population as such or against individual civilians not directly participating in hostilities;
2” Deliberately directing attacks against civilian sites, i.e., sites that do not constitute military targets;
“3” Intentionally launching attacks against personnel, facilities, materials, units or vehicles used in a humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations, as long as they are entitled to the protection afforded to civilians or civilian objects under the law of armed conflict;
“4” Intentionally launching an attack in the knowledge that such attack will result in incidental loss of life or injury among civilians, or in the infliction of civilian damage or widespread, long-term and severe damage to the natural environment which is clearly excessive in relation to the totality of the anticipated tangible direct military gains;
“5” Attacking or bombing unarmed cities, villages, residences, or buildings that are not military targets, by any means whatsoever;
“6” Killing or wounding a fighter who has surrendered voluntarily, who has thrown down his weapon or no longer has a means of defense;
“7” Misuse of the truce flag, the enemy flag, its military insignia and uniform, the United Nations flag, its insignia and military uniforms, as well as the distinctive emblems of the Geneva Conventions, resulting in the death of individuals or serious injury to them;
“8” The occupying power, directly or indirectly, transfers parts of its civilian population into the territory it occupies, or removes or transfers all or parts of the population of the occupied territory within or outside this territory;
“9” Deliberately directing attacks against buildings dedicated to religious, educational, artistic, scientific or charitable purposes, historical monuments, hospitals and places where the sick and wounded gather, provided that they are not military targets;
"10" Subjecting persons under the authority of a hostile party to physical mutilation or to any type of medical or scientific experimentation not justified by the medical, dental or hospital treatment of the person concerned and which is not carried out for his or her benefit and causes the death of that person or those persons or puts their health at serious risk;
“11” Killing or treacherously injuring individuals belonging to a hostile state or army;
"12" Announcing that no one will survive;
“13” Destroying or seizing enemy property unless such destruction or seizure is necessitated by the exigencies of war;
"14" Declaration that the rights and claims of the nationals of the opposing party are nullified, suspended, or will not be admissible in any court;
“15” Forcing the citizens of the enemy party to participate in military operations directed against their country, even if they were in the service of the belligerent state before the outbreak of war;
“16” Looting any town or place, even if it was seized by force;
"17" Use of poisons or poisoned weapons;
"18" Use of asphyxiating, toxic or other gases and all similar liquids, materials or devices;
“19” The use of bullets that expand or flatten easily in the human body, such as bullets with hard casings that do not cover the entire body of the bullet or bullets with a grooved casing;
"20" The use of weapons, projectiles, materials or methods of warfare which by their nature cause excessive or unnecessary suffering or are indiscriminate by their nature in violation of international law of armed conflict, provided that such weapons, projectiles, materials and methods of warfare are subject to a comprehensive prohibition and are included in an annex to this Statute, by way of an amendment consistent with the relevant provisions of Articles 121 and 123;
"21" Assault on a person's dignity, especially degrading and humiliating treatment;
“22” Rape, sexual slavery, forced prostitution, forced pregnancy as defined in paragraph 2(f) of Article 7, forced sterilization, or any other form of sexual violence also constitutes a grave breach of the Geneva Conventions;
"23" Exploiting the presence of a civilian or other persons enjoying protection to grant immunity from military operations to certain points, areas or military forces;
"24" deliberately directs attacks against buildings, materials, medical units, means of transport, and individuals using the distinctive emblems specified in the Geneva Conventions in accordance with international law;
“25” Deliberately starving civilians as a method of warfare by depriving them of materials indispensable to their survival, including deliberately obstructing relief supplies as provided for in the Geneva Conventions;
"26" The recruitment of children under the age of fifteen, whether compulsorily or voluntarily, into the national armed forces or their use to participate actively in hostilities;
(c) In the event of an armed conflict not of an international character, grave breaches of Common Article 3 of the four Geneva Conventions of 12 August 1949, which are any of the following acts committed against persons not actively taking part in hostilities, including members of the armed forces who have laid down their arms and those who have been rendered incapable of fighting by sickness, injury, detention or for any other reason;
"1" The use of violence against life and persons, in particular murder of all kinds, mutilation, cruel treatment, and torture;
"2" Assault on a person's dignity, especially degrading and humiliating treatment;
"3" Taking hostages;
"4" Issuing judgments and carrying out executions without a prior judgment issued by a duly constituted court that provides all the judicial guarantees generally recognized as indispensable.
(d) Paragraph 2(c) applies to armed conflicts that are not of an international character and therefore does not apply to situations of internal disturbances and tensions such as riots, isolated or sporadic acts of violence and other acts of a similar nature;
(e) Other serious violations of the laws and customs applicable to non-international armed conflicts, within the established scope of international law, i.e., any of the following acts:
"1" Directing attacks against the civilian population as such or against individual civilians not directly participating in hostilities;
"2" Intentionally directing attacks against buildings, materials, medical units, means of transport, and individuals using the distinctive emblems specified in the Geneva Convention in accordance with international law;
“3” Intentionally launching attacks against personnel, facilities, materials, units or vehicles used in a humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations, as long as they are entitled to the protection afforded to civilians or civilian objects under international law of armed conflict;
"4" Deliberately directing attacks against buildings designated for religious, educational, artistic, scientific or charitable purposes, historical monuments, hospitals, and places where the sick and wounded gather, provided that they are not military targets;
"5" Looting any town or place, even if it was seized by force;
“6” Rape, sexual slavery, forced prostitution, forced pregnancy as defined in paragraph 2(f) of Article 7, forced sterilization, or any other form of sexual violence also constitutes a grave breach of common Article 3 of the four Geneva Conventions;
“7” The recruitment of children under the age of fifteen, whether compulsorily or voluntarily, into the armed forces or armed groups, or their use to participate actively in hostilities;
"8" Issuing orders to displace the civilian population for reasons related to the conflict, unless it is for reasons of the security of the civilians concerned or for urgent military reasons;
"9" Killing or injuring an enemy fighter treacherously;
"10" Announcing that no one will survive;
"11" Subjecting persons under the authority of another party to the conflict to physical mutilation or to any type of medical or scientific experimentation not justified by the medical, dental or hospital treatment of the person concerned and which is not carried out for his or her benefit and causes the death of that person or those persons or puts their health at serious risk;
"12" Destroying or seizing enemy property unless such destruction or seizure is necessitated by the exigencies of war;
(f) Paragraph 2(e) applies to armed conflicts that are not of an international character and therefore does not apply to situations of internal disturbances and tensions, such as riots, isolated or sporadic acts of violence, or other similar acts. It applies to armed conflicts occurring within the territory of a State when there is a protracted armed conflict between the governmental authorities and organized armed groups, or between such groups.
3- Nothing in paragraphs 2(c) and (d) shall affect the responsibility of the Government to maintain or enforce law and order in the State or to defend the unity and territorial integrity of the State, by all legitimate means.
Article 9: Elements of Crimes
1- The Court uses the elements of crimes in interpreting and applying Articles 6, 7 and 8, and adopts these elements by a two-thirds majority of the members of the Assembly of States Parties.
2- Amendments to the elements of crimes may be proposed by:
(a) Any State Party;
(b) The judges, by an absolute majority;
(c) The public prosecutor.
These amendments are adopted by a two-thirds majority of the members of the Assembly of States Parties.
3- The elements of the crimes and the amendments introduced to them shall be consistent with this Basic Law.
Article 10
Nothing in this section shall be construed as restricting or affecting in any way existing or evolving rules of international law relating to purposes other than this Statute.
Article 11: Temporal Jurisdiction
1- The Court has no jurisdiction except with regard to crimes committed after the entry into force of this Statute.
2- If a State becomes a Party to this Statute after its entry into force, the Court may exercise its jurisdiction only with respect to crimes committed after the entry into force of this Statute for that State, unless the State has made a declaration under paragraph 3 of Article 12.
Article 12: Prerequisites for exercising jurisdiction
1- A State that becomes a party to this Statute thereby accepts the jurisdiction of the Court with respect to the crimes referred to in Article 5.
2- In the case of paragraph (a) or (c) of Article 13, the Court may exercise its jurisdiction if one or more of the following States are parties to this Statute or have accepted the jurisdiction of the Court in accordance with paragraph 3:
(a) The State in whose territory the conduct in question took place, or the State of registration of the ship or aircraft if the offense was committed on board a ship or aircraft;
(b) The country of which the person accused of the crime is a national.
3. If the acceptance of a State not party to this Statute is required under paragraph 2, that State may, by a declaration lodged with the Registrar of the Court, accept the exercise of the Court's jurisdiction with respect to the crime under consideration. The accepting State shall cooperate with the Court without delay or exception in accordance with Part 9.
Article 13: Exercise of Jurisdiction
The Court may exercise its jurisdiction with respect to an offense referred to in Article 5 in accordance with the provisions of this Statute in the following circumstances:
(a) If a State Party refers to the Prosecutor, pursuant to Article 14, a situation in which it appears that one or more of these crimes have been committed;
(b) If the Security Council, acting under Chapter VII of the Charter of the United Nations, refers to the Prosecutor a situation in which it appears that one or more of these crimes have been committed;
(c) If the Public Prosecutor has initiated an investigation in respect of one of these crimes in accordance with Article 15.
Article 14: Referral of a situation by a State Party
1- A State Party may refer to the Prosecutor any situation in which it appears that one or more crimes within the jurisdiction of the Court have been committed and request the Prosecutor to investigate the situation in order to determine whether one or more specific persons should be charged with committing those crimes.
2- The case shall, to the extent possible, specify the relevant circumstances and be accompanied by whatever supporting documents are available to the referring State.
Article 15: The Public Prosecutor
1- The Public Prosecutor may initiate investigations on his own initiative based on information relating to crimes that fall within the jurisdiction of the court.
2. The Prosecutor shall analyze the seriousness of the information received and may, for this purpose, seek additional information from States, United Nations bodies, intergovernmental or non-governmental organizations, or any other reliable sources he deems appropriate. He may receive written or oral testimony at the seat of the Court.
3. If the Prosecutor concludes that there is a reasonable basis to proceed with an investigation, he shall submit to the Pre-Trial Chamber a request for authorization to conduct an investigation, accompanied by any supporting material he has gathered. Victims may present arguments before the Pre-Trial Chamber in accordance with the Rules of Procedure and Evidence.
4- If the Pre-Trial Chamber, after examining the application and the supporting materials, finds that there is a reasonable basis to proceed with an investigation and that the case appears to fall within the jurisdiction of the Court, it shall authorize the commencement of the investigation, without prejudice to what the Court may subsequently decide regarding jurisdiction and admissibility of the case.
5- The Pre-Trial Chamber's refusal to authorize an investigation does not prevent the Public Prosecutor from submitting a subsequent request based on new facts or evidence relating to the same case.
6. If, after the preliminary examination referred to in paragraphs 1 and 2, the Public Prosecutor concludes that the information provided does not constitute a reasonable basis for an investigation, he must inform the providers of the information accordingly. This does not preclude the Public Prosecutor from considering other information submitted to him concerning the same case in light of new facts or evidence.
Article 16: Postponement of investigation or prosecution
No investigation or prosecution may be initiated or carried out under this Statute for a period of twelve months upon a request by the Security Council to the Court to that effect, contained in a resolution adopted by the Council under Chapter VII of the Charter of the United Nations. The Council may renew such request under the same conditions.
Article 17: Matters relating to admissibility
1- Subject to paragraph 10 of the preamble and Article 1, the court decides that the case is inadmissible in the following circumstances:
(a) If the investigation or prosecution of the case is being carried out by a State which has jurisdiction over it, unless the State is genuinely unwilling or unable to undertake the investigation or prosecution;
(b) If the investigation into the case was conducted by a State with jurisdiction over it and the State decided not to prosecute the person concerned, unless the decision resulted from the unwillingness or inability of the State to prosecute;
(c) If the person concerned has already been tried for the conduct that is the subject of the complaint, the court is not permitted to conduct a trial pursuant to paragraph 3 of Article 20;
(d) If the case is not of a sufficient degree of seriousness to justify the court taking further action.
2- To determine the unwillingness to proceed with a particular action, the court shall consider whether one or more of the following matters are available, as the case may be, taking into account the principles of due process recognized by international law:
(a) The procedures were undertaken, are being undertaken, or the national decision was taken for the purpose of protecting the person concerned from criminal liability for crimes within the jurisdiction of the Court as referred to in Article 5;
(b) There was an unjustified delay in the proceedings which, in these circumstances, is inconsistent with the intention of bringing the person concerned to justice;
(c) The proceedings were not initiated or are not being conducted independently or impartially, or were initiated or are being conducted in a manner inconsistent, in the circumstances, with the intention of bringing the person concerned to justice.
3- To determine incapacity in a particular case, the court considers whether the State is unable, due to a total or substantial breakdown or unavailability of its national judicial system, to bring the accused to justice or obtain the necessary evidence and testimony, or is otherwise unable to carry out its proceedings.
Article 18: Initial decisions regarding admissibility
1. If a case is referred to the Court pursuant to Article 13(a) and the Prosecutor determines that there is a reasonable basis to commence an investigation, or if the Prosecutor commences an investigation pursuant to Articles 13(c) and 15, the Prosecutor shall notify all States Parties and those States which, in the view of the available information, customarily exercise jurisdiction over the offenses in question. The Prosecutor may notify these States confidentially and may limit the scope of information provided to States if he deems it necessary to protect persons, prevent the destruction of evidence, or prevent the flight of persons.
2- Within one month of receiving that notification, the State may inform the Court that it is conducting or has conducted an investigation of its nationals or others within its jurisdiction in relation to criminal acts which may constitute offenses referred to in Article 5 and are connected with the information provided in the notification addressed to the States. At the request of that State, the Prosecutor shall waive the investigation of these persons unless the Pre-Trial Chamber decides to authorize an investigation, at the request of the Prosecutor.
3- The Public Prosecutor’s waiver of the investigation to the State shall be subject to reconsideration by the Public Prosecutor after six months from the date of waiver or at any time when a tangible change in circumstances occurs from which it can be inferred that the State has truly become unwilling or unable to undertake the investigation.
4- The State concerned or the Prosecutor may appeal a decision issued by the Pre-Trial Chamber to the Appeals Chamber, in accordance with paragraph 2 of Article 82. The appeal may be considered on an urgent basis.
5. When the Prosecutor waives an investigation pursuant to paragraph 2, he may request the State concerned to inform him periodically of the progress made in its investigation and of any subsequent prosecution. States Parties shall respond to such requests without undue delay.
6- Pending a decision by the Pre-Trial Chamber, or at any time the Prosecutor waives the right to conduct an investigation under this Article, the Prosecutor may, on an exceptional basis, request the Pre-Trial Chamber to authorize investigations necessary to preserve evidence if a unique opportunity arises to obtain important evidence or if there is a high probability that such evidence will not be available at a later time.
7- A State that has challenged a decision of the Pre-Trial Chamber under this Article may challenge the admissibility of the case under Article 19 on the basis of additional concrete facts or a substantial change of circumstances.
Article 19: Plea of lack of jurisdiction or admissibility of the case
1. The court shall verify that it has jurisdiction to hear the case before it. The court may, on its own motion, rule on the admissibility of the case in accordance with Article 17.
2- The admissibility of the case may be challenged based on the grounds referred to in Article 17, or the court may be challenged on the grounds of lack of jurisdiction by any of the following:
(a) The accused or the person against whom an arrest warrant or summons has been issued pursuant to Article 58;
(b) The State that has jurisdiction over the case because it is investigating or prosecuting the case, or because it has investigated or prosecuted the case; or
(c) The State whose acceptance of jurisdiction is requested pursuant to Article 12.
3. The Public Prosecutor may request the court to issue a decision on the issue of jurisdiction or admissibility. In proceedings relating to jurisdiction or admissibility, the referring authority pursuant to Article 13, as well as the victims, may also submit their observations to the court.
4. No person or State referred to in paragraph 2 may challenge the admissibility of the case or the jurisdiction of the Court more than once. The challenge must be made before or at the commencement of the trial. However, in exceptional circumstances, the Court may authorize more than one challenge or one after the commencement of the trial. Challenges to the admissibility of the case, whether at the commencement of the trial or at a later date with the Court's authorization, may be based solely on the provisions of paragraph 1(c) of Article 17.
5- The State referred to in paragraph 2(b) or 2(c) shall submit the appeal at the first opportunity.
6. Before the charges are confirmed, appeals concerning the admissibility of the case or the jurisdiction of the court are referred to the Pre-Trial Chamber. After the charges are confirmed, these appeals are referred to the Trial Chamber. Decisions concerning jurisdiction or admissibility may be appealed to the Appeals Chamber in accordance with Article 82.
7- If a State referred to in paragraph 2(b) or 2(c) files an appeal, the Prosecutor shall defer the investigation until the Court makes a decision in accordance with Article 17.
8- Pending the court's decision, the public prosecutor may request permission from the court to do the following:
(a) Continue the necessary investigations of the type referred to in paragraph 6 of Article 18;
(b) Taking statements or testimony from a witness or completing the process of collecting and examining evidence that had begun before the appeal was filed;
(c) Preventing, in cooperation with the relevant States, the escape of persons for whom the Prosecutor has already requested an arrest warrant under Article 58.
9- Filing an appeal does not affect the validity of any action taken by the Public Prosecutor or any orders issued by the court before the appeal was filed.
10- If the court decides not to accept a case pursuant to Article 17, the public prosecutor may submit a request for reconsideration of the decision when he is fully convinced that new facts have arisen that would invalidate the basis on which the case was previously deemed inadmissible pursuant to Article 17.
11. If the Prosecutor waives an investigation, having observed the provisions of Article 17, he may request the State concerned to provide him with information about the proceedings. Such information shall be confidential, if the State concerned so requests. If the Prosecutor subsequently decides to proceed with an investigation, he shall notify the State, where relevant, of the proceedings that were waived.
Article 20: No one may be tried twice for the same crime.
1- No person may be tried before the Court except as provided in this Statute for conduct that formed the basis of offenses for which the Court has convicted or acquitted the person.
2- No person may be tried before another court for an offense referred to in Article 5 for which that person has already been convicted or acquitted by the court.
3- A person who has been tried before another court for conduct that is also prohibited under Article 6, 7 or 8 may not be tried before the court in respect of the same conduct unless the proceedings in the other court:
(a) It has been taken for the purpose of protecting the person concerned from criminal liability for crimes within the jurisdiction of the Court; or
(b) It was not conducted in an independent or impartial manner in accordance with the principles of due process recognized under international law, or, in those circumstances, was conducted in a manner inconsistent with the intention of bringing the person concerned to justice.
Article 21: Applicable Law
1- The court applies:
(a) Primarily, this Statute, the elements of crimes, the procedural rules, and the rules of evidence of the Court;
(b) Secondly, where appropriate, the treaties applicable and the principles and rules of international law, including the principles established in the international law of armed conflict;
(c) Otherwise, the general principles of law which the Court derives from the national laws of the legal systems of the world, including, as appropriate, the national laws of States which customarily exercise jurisdiction over the crime, provided that such principles are not incompatible with this Statute, with international law, or with internationally recognized rules and standards.
2- The court may apply the principles and rules of law as interpreted in its previous decisions.
3. The application and interpretation of the law pursuant to this article must be consistent with internationally recognized human rights and free from any adverse discrimination based on grounds such as sex, as defined in paragraph 3 of Article 7, age, race, colour, language, religion, belief, political or other opinion, national, ethnic or social origin, property, birth or other status.
Article 22: No crime except by law
1- A person shall not be held criminally liable under this Statute unless the conduct in question, at the time it occurred, constituted a crime within the jurisdiction of the Court.
2- The definition of a crime must be interpreted precisely and its scope may not be expanded by analogy. In case of ambiguity, the definition shall be interpreted in favor of the person under investigation, prosecution, or conviction.
3- This article does not affect the characterization of any conduct as criminal conduct under international law outside the framework of this Statute.
Article 23: No punishment except by law
No person convicted by the court shall be punished except in accordance with this Statute.
Article 24: Non-retroactivity of effects on persons
1- A person shall not be held criminally liable under this Statute for conduct prior to the commencement of the Statute.
2- In the event of a change in the applicable law in a particular case before the final judgment is issued, the law most favorable to the person under investigation, prosecution, or conviction shall be applied.
Article 25: Individual Criminal Responsibility
1- The court shall have jurisdiction over natural persons in accordance with this Statute.
2- A person who commits a crime within the jurisdiction of the Court shall be responsible for it in his individual capacity and liable to punishment in accordance with this Statute.
3- According to this Statute, a person shall be criminally liable and punishable for any crime within the jurisdiction of the Court if that person does the following:
(a) Committing this crime, whether in his individual capacity, or in conjunction with another or through another person, regardless of whether that other person is criminally responsible;
(b) Ordering or enticing the commission, or inciting the commission, of a crime that has already occurred or been attempted;
(c) Providing aid, incitement, or assistance in any other form for the purpose of facilitating the commission of this crime or the attempt to commit it, including providing the means to commit it;
(d) Contributing in any other way to the commission or attempted commission of this crime by a group of persons acting with a common intent, provided that such contribution is intentional and is provided:
"1" Either with the aim of promoting the criminal activity or criminal purpose of the group, if this activity or purpose involves committing a crime that falls within the jurisdiction of the court;
"2" or with knowledge of the intention to commit the crime within this group;
(e) With regard to the crime of genocide, direct and public incitement to commit the crime of genocide;
(f) Attempting to commit a crime by taking an action that constitutes a concrete step towards its execution, but the crime is not completed due to circumstances unrelated to the person's intentions. However, a person who ceases to make any effort to commit a crime or otherwise prevents its completion shall not be liable under this Statute for attempting to commit a crime if he completely and voluntarily abandons the criminal intent.
4- No provision in this Statute relating to individual criminal responsibility shall affect the responsibility of States under international law.
Article 26: The court has no jurisdiction over persons under 18.
The court has no jurisdiction over any person who was under 18 years of age at the time of the alleged crime.
Article 27: Official capacity is not recognized
1. This Statute applies equally to all persons without any discrimination based on official capacity. In particular, a person's official capacity, whether as head of state or government, member of a government or parliament, elected representative, or government official, does not in any way exempt him from criminal responsibility under this Statute, nor does it, in itself, constitute a reason for mitigating punishment.
2- Immunities or special procedural rules that may be associated with a person’s official status, whether under national or international law, shall not prevent the court from exercising its jurisdiction over that person.
Article 28: Responsibility of Leaders and Other Superiors
In addition to the other grounds for criminal responsibility for crimes within the jurisdiction of the Court provided for in this Statute:
1- The military commander or the person effectively acting as military commander shall be criminally liable for crimes within the jurisdiction of the Court committed by forces under his or her effective command and control, or under his or her effective authority and control, as the case may be, as a result of the military commander or person’s failure to properly exercise control over such forces:
(a) If that military commander or person knew, or should have known, because of the circumstances at the time, that the forces were committing or about to commit such crimes;
(b) If the military commander or person fails to take all necessary and reasonable measures within his authority to prevent or suppress the commission of such crimes or to refer the matter to the competent authorities for investigation and prosecution;
2- With regard to the relationship between a superior and a subordinate not described in paragraph 1, a superior shall be criminally liable for crimes within the jurisdiction of the Court committed by subordinates under his effective authority and control, as a result of his failure to properly exercise his control over such subordinates:
(a) If the President knew or knowingly ignored any information that clearly indicated that his subordinates were committing or about to commit these crimes;
(b) If the crimes relate to activities that fall within the effective responsibility and control of the President;
(c) If the President does not take all necessary and reasonable measures within his authority to prevent or suppress the commission of such crimes or to refer the matter to the competent authorities for investigation and prosecution.
Article 29: Crimes are not subject to statutes of limitations.
Crimes that fall within the jurisdiction of the court are not subject to any statute of limitations, regardless of its provisions.
Article 30: The Moral Element
1- Unless otherwise stipulated, a person shall not be held criminally liable for committing a crime that falls within the jurisdiction of the court, nor shall he be subject to punishment for this crime unless the material elements are fulfilled with the presence of intent and knowledge.
2- For the purposes of this article, intent is present on the part of a person when:
(a) This person, in respect of his conduct, intends to commit such conduct;
(b) This person, with respect to the result, intends to cause that result or understands that it will occur within the normal course of events.
3- For the purposes of this article, the term “knowledge” means that a person is aware that there are circumstances or that results will occur in the normal course of events, and the terms “know” or “knowingly” are interpreted accordingly.
Article 31: Grounds for Exemption from Criminal Responsibility
1- In addition to the other grounds for exemption from criminal responsibility provided for in this Statute, a person shall not be criminally liable if, at the time of committing the conduct:
(a) He suffers from an illness or mental deficiency that deprives him of his ability to understand the illegality or nature of his conduct, or his ability to control his conduct in accordance with the requirements of the law;
(b) In a state of intoxication that deprives him of his ability to perceive the unlawfulness or nature of his conduct or his ability to control his conduct in accordance with the requirements of the law, unless the person became intoxicated by choice under circumstances in which he knew that, as a result of the intoxication, he was likely to engage in conduct constituting an offense within the jurisdiction of the court or he disregarded this possibility;
(c) Acts reasonably in self-defense or in defense of another person, or, in the case of war crimes, in defense of property indispensable to the survival of the person or another, or property indispensable to the accomplishment of a military task, against an imminent and unlawful use of force, in a manner proportionate to the degree of danger threatening that person or other person or the property intended to be protected. Participation of a person in a defensive operation by forces does not, in itself, constitute grounds for precluding criminal responsibility under this subparagraph;
(d) If the conduct alleged by the Public Prosecutor to constitute a crime within the jurisdiction of the Court occurred under duress resulting from a threat of imminent death or of serious, ongoing, or imminent bodily harm against that person or another, and the person acted necessary and reasonablely to avoid that threat, provided that the person did not intend to cause harm greater than the harm sought to be avoided. Such threat shall be:
"1" issued by other people;
"2" Or it is formed by other circumstances beyond that person's control;
2- The court shall decide on the applicability of the grounds for exemption from criminal liability stipulated in this Statute to the case before it.
3- The court may, during the trial, consider any reason for the absence of criminal responsibility other than those referred to in paragraph 1, in cases where this reason is derived from the applicable law as provided for in Article 21. The rules of procedure and rules of evidence shall provide for the procedures relating to the consideration of this reason.
Article 32: Mistake of Fact or Mistake of Law
1- A mistake in the facts does not constitute a reason for the absence of criminal liability unless it results in the absence of the moral element required for committing the crime.
2. A mistake of law regarding whether a particular type of conduct constitutes a crime within the jurisdiction of the court does not constitute grounds for precluding criminal liability. However, a mistake of law may constitute grounds for precluding criminal liability if such mistake results in the absence of the mental element required for the commission of that crime, or if the situation is as provided for in Article 33.
Article 33: Orders of superiors and requirements of the law
1- If any person commits a crime within the jurisdiction of the Court, the person shall not be exempt from criminal responsibility if the commission of that crime was in compliance with an order from a government or a head of state, whether military or civilian, except in the following cases:
(a) If the person has a legal obligation to obey the orders of the government or the relevant superior;
(b) If the person is unaware that the matter is illegal;
(c) If the illegality of the matter is not apparent;
2- For the purposes of this article, illegality is apparent in the case of orders to commit genocide or crimes against humanity.
Article 34: Court Organs
The court consists of the following bodies:
(a) The Presidency;
(b) Appeals Division, Primary Division, and Preliminary Division;
(c) The Public Prosecutor's Office;
(d) The court clerk.
Article 35: Service of Judges
1- All judges shall serve as full-time members of the court and shall be ready to serve on that basis from the beginning of their term.
2- The judges who make up the Presidency Council work on a full-time basis as soon as they are elected.
3- The Presidency may, from time to time, in light of the workload of the Court and in consultation with its members, decide on the extent to which other judges are required to work on a full-time basis. None of these arrangements may violate the provisions of Article 40.
4- In accordance with Article 49, special financial arrangements are made for judges who are not required to work on a full-time basis.
Article 36: Qualifications, Nomination, and Election of Judges
1- Subject to the provisions of paragraph 2, the court shall consist of 18 judges.
2. (a) The Presidency, acting on behalf of the Court, may propose an increase in the number of judges specified in paragraph 1, stating the reasons why such an increase is deemed necessary and appropriate. The Registrar shall immediately circulate this proposal to all States Parties.
(b) This proposal shall be considered at a meeting of the Assembly of States Parties held in accordance with Article 112. The proposal shall be deemed adopted if it is approved at the meeting by a two-thirds majority of the members of the Assembly of States Parties, and shall enter into force at a time to be determined by the Assembly.
(c) “1” If a proposal to increase the number of judges is adopted under subparagraph (b), the additional judges shall be elected during the next session of the Assembly of States Parties, in accordance with paragraphs 3 to 8 and paragraph 2 of Article 37.
(2) The Presidency may, at any time after the adoption and entry into force of a proposal to increase the number of judges pursuant to subparagraphs (b) and (c)(1), propose a reduction in the number of judges, if the workload of the Court so warrants, provided that the number of judges is not reduced below the number specified in paragraph 1. The proposal shall be considered in accordance with the procedures set out in subparagraphs (a) and (b). If the proposal is adopted, the number of judges shall be gradually reduced as the terms of those judges expire until the required number is reached.
3- (a) Judges shall be chosen from among persons of high morals, impartiality and integrity, and who possess the qualifications required in their respective countries for appointment to the highest judicial positions.
(b) Each candidate for election to the Court must possess the following:
"1" Proven competence in the field of criminal law and criminal procedure, and the necessary appropriate experience, whether as a judge, public prosecutor, lawyer, or in another similar capacity, in the field of criminal proceedings; or
"2" Proven competence in relevant areas of international law such as international humanitarian law and human rights law, and extensive professional experience in legal work related to the judicial work of the Court;
(c) Every candidate for election to the Court must have excellent knowledge and fluency in at least one of the working languages of the Court.
4- (a) Any State Party to this Statute may submit nominations for election to the Court, in accordance with the following procedure:
"1" Procedures relating to the nomination of candidates for appointment to the highest judicial positions in the country concerned; or
"2" The procedures stipulated in the Statute of the International Court of Justice for nominating candidates to that Court.
Nominations must be accompanied by a detailed statement containing the necessary information that proves the candidate meets the requirements set out in paragraph 3.
(b) Each State Party may put forward for any particular election one candidate, who need not be one of its own nationals, but must in any event be a national of one of the States Parties.
(c) The Assembly of States Parties may decide, if appropriate, to establish an advisory committee on nominations. In this case, the Assembly of States Parties shall determine the composition and mandate of the committee.
5- For election purposes, two lists of candidates are prepared:
List “A”, contains the names of candidates who meet the qualifications specified in paragraph 3(b) “1”,
List “B”, contains the names of candidates who meet the qualifications specified in paragraph 3(b) “2”.
A candidate who is qualified enough for both lists may choose which list they wish to be included on. In the first election of the Court, at least nine judges will be elected from List A and at least five from List B. Subsequent elections will be organized in such a way as to ensure that the Court retains a balanced proportion of qualified judges from both lists.
6- (a) The judges shall be elected by secret ballot at a meeting of the Assembly of States Parties convened for this purpose pursuant to Article 112. Subject to compliance with paragraph 7, the persons elected to the Court shall be the 18 candidates who obtain the largest number of votes and a two-thirds majority of the States Parties present and voting.
(b) If a sufficient number of judges are not elected in the first ballot, successive ballots shall be held in accordance with the procedures set out in subparagraph (a) until the remaining places are filled.
7. No two judges may be nationals of the same country. A person who, for the purposes of membership of the Court, is a national of more than one country shall be deemed a national of the country in which he ordinarily exercises his civil and political rights.
8- (a) In selecting judges, States Parties, within the framework of membership of the Court, shall take into account the need for the following:
"1" Representing the world's major legal systems;
"2" Fair geographical distribution;
"3" Fair representation of female and male judges.
(b) States Parties shall also take into account the need for members to have judges with legal expertise in specific matters, including, but not limited to, the issue of violence against women or children.
9- (a) Judges shall hold their offices for a term of nine years, subject to the provisions of subparagraph (b), and may not be re-elected except in accordance with subparagraph (c) and paragraph 2 of Article 37.
(b) In the first election, one-third of the elected judges shall be chosen by lot to serve for a term of three years; one-third of the elected judges shall be chosen by lot to serve for a term of six years; and the remainder shall serve for a term of nine years.
(c) A judge may be re-elected for a full term if he was selected for a three-year term under subparagraph (b).
10- Notwithstanding the provisions of paragraph 9, the judge shall continue in office to complete any trial or appeal which has already been commenced before the circuit to which the judge was appointed pursuant to Article 39, whether it is a circuit of first instance or an appeals circuit.
Article 37: Judicial Vacancies
1- If the position of a judge becomes vacant, an election shall be held to fill the vacant position in accordance with Article 36.
2- The judge elected to fill a vacant position shall complete the remaining term of his predecessor, and if that term is three years or less, he may be re-elected for a full term in accordance with the provisions of Article 36.
Article 38: The Presidency
1- The president and his two deputies are elected by an absolute majority of the judges. Each of them serves for a term of three years or until the end of his term as a judge, whichever is sooner. They may be re-elected once.
2- The First Vice President acts in place of the President in the event of the President's absence or if he is not removed from office. The Second Vice President acts in place of the President in the event of the absence or removal of both the President and the First Vice President.
3- The Presidency consists of the President and the First and Second Vice Presidents and is responsible for the following:
(a) The proper administration of the court, with the exception of the Office of the Attorney General;
(b) Other tasks assigned to it in accordance with this Statute.
4- The Presidency, in fulfilling its responsibilities under paragraph 3(a), shall coordinate with the Prosecutor and seek his approval on all matters of mutual interest.
Article 39: Circles
1. The Court shall organize itself, as soon as possible after the election of the judges, into the divisions specified in paragraph (b) of Article 34. The Appeals Division shall consist of the President and four other judges. The Trial Division shall consist of no fewer than six judges, and the Pre-Trial Division of no fewer than six judges. The appointment of judges to the divisions shall be based on the nature of the tasks to be performed by each division and the qualifications and experience of the judges elected to the Court, so that each division includes an appropriate mix of expertise in criminal law, criminal procedure, and international law. The Trial Division and the Pre-Trial Division shall be composed primarily of judges with experience in criminal trials.
2- (a) The judicial functions of the court are exercised in each division by chambers;
(b) “1” The Court of Appeal consists of all the judges of the Court of Appeal division;
"2" Three judges of the primary division perform the duties of the primary circuit;
“3” The duties of the Pre-Trial Chamber shall be carried out by either three judges from the Pre-Trial Division or one judge from that Division in accordance with this Statute and the Rules of Procedure and Rules of Evidence;
(c) Nothing in this paragraph shall prevent the formation of more than one primary or preliminary chamber at the same time if the proper functioning of the court so requires.
3- (a) The judges appointed to the Primary Division and the Preliminary Division shall work in these two divisions for a period of three years, and thereafter until the completion of any case which has already been begun to be considered by the division concerned;
(b) Judges appointed to the Appeals Division shall serve in that Division for the full term of their term.
4- Judges appointed to the Appeals Division shall only work in that division. However, nothing in this article shall prevent the temporary assignment of judges of the Trial Division to the Pre-Trial Division or vice versa, if the Presidency Board deems that this serves the proper functioning of the Court, provided that under no circumstances shall any judge be permitted to participate in the Trial Chamber during its consideration of any case if the judge had participated in the Pre-Trial stage of consideration of that case.
Article 40: Independence of the Judiciary
1- Judges shall be independent in the performance of their duties.
2- Judges shall not engage in any activity that is likely to conflict with their judicial functions or affect confidence in their independence.
3- Judges required to work full-time at the court premises shall not engage in any other work of a professional nature.
4. Any question concerning the application of paragraphs 2 and 3 shall be decided by an absolute majority of the judges. When the question concerns a particular judge, that judge shall not participate in the decision.
Article 41: Dismissal and removal of judges
1- The Presidency, upon the request of any judge, may exempt that judge from exercising any of the duties stipulated under this Statute, in accordance with the procedural rules and the rules of evidence.
2. (a) A judge shall not participate in any case in which his impartiality may be reasonably doubted for any reason. A judge shall be recused from any case pursuant to this paragraph if he has previously participated, among other things, in any capacity in that case while it was before the court or in a related national criminal case concerning the person under investigation or prosecution. A judge shall also be recused for other reasons which may be provided in the rules of procedure and rules of evidence.
(b) The public prosecutor or the person under investigation or prosecution may request the recusal of the judge under this paragraph.
(c) Any matter relating to the recusal of a judge shall be decided by an absolute majority of the judges. The judge whose recusal is being challenged shall have the right to submit comments on the matter without participating in the decision.
Article 42: The Public Prosecutor's Office
1. The Office of the Prosecutor operates independently as a separate organ of the Court. It is responsible for receiving referrals and any credible information concerning crimes within the Court's jurisdiction, for the purpose of examining them and carrying out investigations and prosecutions before the Court. No member of the Office may seek or act upon instructions from any external source.
2. The Prosecutor General heads the Office. The Prosecutor General has full authority to organize and administer the Office, including with respect to its staff, facilities, and other resources. The Prosecutor General is assisted by one or more Deputy Prosecutors General, who are responsible for carrying out any duties required of the Prosecutor General under this Statute. The Prosecutor General and Deputy Prosecutors General are of different nationalities and serve on a full-time basis.
3. The public prosecutor and his deputies must be of high moral character and competence, and must possess extensive practical experience in prosecution or trial in criminal cases. They must also have excellent knowledge and fluency in at least one of the working languages of the court.
4. The Prosecutor is elected by secret ballot by an absolute majority of the members of the Assembly of States Parties. The Deputy Prosecutors are elected in the same manner from a list of candidates submitted by the Prosecutor. The Prosecutor nominates three candidates for each Deputy Prosecutor position. The Prosecutor and Deputy Prosecutors serve for a term of nine years unless a shorter term is agreed upon at the time of their election, and they are not eligible for re-election.
5- The Public Prosecutor and Deputy Public Prosecutors shall not engage in any activity that could conflict with their prosecutorial duties or undermine confidence in their independence. They shall not engage in any other work of a professional nature.
6- The Presidency may exempt the Public Prosecutor or one of the Deputy Public Prosecutors, at his request, from working on a particular case.
7. Neither the Public Prosecutor nor the Deputy Public Prosecutors shall participate in any case in which their impartiality may be reasonably doubted for any reason. They shall be removed from any case pursuant to this paragraph if they have previously participated in any capacity in that case while it was before the court or in a related national criminal case concerning the person under investigation or prosecution.
8- The Appeals Chamber shall decide on any question relating to the removal of the Attorney General or one of the Deputy Attorneys General.
(a) A person who is the subject of an investigation or prosecution may at any time request that the Public Prosecutor or one of the Deputy Public Prosecutors be disqualified for the reasons set out in this Article.
(b) The Public Prosecutor or the Deputy Public Prosecutor, as appropriate, shall have the right to make comments on the matter.
9- The Public Prosecutor shall appoint advisors with legal expertise in specific areas including, but not limited to, sexual violence, gender-based violence and violence against children.
Article 43: Court Registry
1- The court clerk shall be responsible for the non-judicial aspects of the administration of the court and the provision of services to it, without prejudice to the functions and powers of the public prosecutor in accordance with Article 42.
2- The registrar heads the court registry and is the chief administrative officer of the court. The registrar performs his duties under the authority of the court president.
3. The Registrar and Deputy Registrar must be individuals of high moral character and competence. They must possess excellent knowledge and fluency in at least one of the working languages of the Court.
4. The judges shall elect the Registrar by an absolute majority through secret ballot, taking into account any recommendation from the Assembly of States Parties. If necessary, upon the recommendation of the Registrar, they shall elect a Deputy Registrar in the same manner.
5. The Registrar shall hold office for a term of five years, and may be re-elected once, and shall serve on a full-time basis. The Deputy Registrar shall hold office for a term of five years or a shorter term as decided by an absolute majority of the judges, and shall be elected on the basis of undertaking any duties that may be required.
6. The Registrar shall establish a Victims and Witnesses Unit within the court registry. This unit, in consultation with the Public Prosecutor's Office, shall provide protection measures, security arrangements, counseling, and other appropriate assistance to witnesses and victims appearing before the court, as well as to others who may be at risk as a result of witness testimony. The unit shall include staff experienced in dealing with psychological trauma, including trauma related to sexual violence offenses.
Article 44: Employees
1. The Public Prosecutor and the Registrar each appoint the qualified staff necessary for their office. In the case of the Public Prosecutor, this includes the appointment of investigators.
2- The Public Prosecutor and the Registrar shall ensure, in appointing employees, the availability of the highest standards of competence, ability and integrity, and shall give consideration, as appropriate, to the standards set forth in paragraph 8 of Article 36.
3- The Registrar, with the approval of the Presidency and the Prosecutor, shall propose a Staff Regulations that include the provisions and conditions on which the Court’s staff are appointed, remunerated and dismissed. The Staff Regulations must be approved by the Assembly of States Parties.
4. In exceptional circumstances, the Court may draw upon the expertise of staff members offered free of charge by States Parties, intergovernmental organizations, or non-governmental organizations to assist in the work of any organ of the Court. The Prosecutor may accept any such offer on behalf of the Office of the Prosecutor and shall utilize such staff members provided free of charge in accordance with guidelines established by the Assembly of States Parties.
Article 45: Formal Undertaking
Before the judges, the public prosecutor, the deputy public prosecutors, the registrar and the deputy registrar begin their duties under this statute, each of them undertakes, in a public session, to carry out his duties with integrity and honesty.
Article 46: Removal from office
1- The judge, public prosecutor, deputy public prosecutor, registrar, or deputy registrar shall be removed from office if a decision is made to that effect in accordance with paragraph 2, in the following cases:
(a) To prove that the person has committed serious misconduct or grossly breached his duties under this Statute, as provided for in the Rules of Procedure and Rules of Evidence;
(b) The person is unable to perform the duties required of him under this Statute.
2- The Assembly of States Parties shall, by secret ballot, decide on the removal from office of a judge, prosecutor or deputy prosecutor pursuant to paragraph 1, as follows:
(a) In the case of a judge, the decision shall be taken by a two-thirds majority of the States Parties, based on a recommendation adopted by a two-thirds majority of the other judges;
(b) In the case of the Prosecutor, the decision shall be taken by an absolute majority of the States Parties;
(c) In the case of the Deputy Prosecutor, the decision shall be taken by an absolute majority of the States Parties upon the recommendation of the Prosecutor;
3- In the case of the Registrar or Deputy Registrar, the decision to dismiss is taken by an absolute majority of the judges.
4. A judge, prosecutor, deputy prosecutor, registrar, or deputy registrar whose conduct or ability to perform the duties of their office is challenged under this article shall have a full opportunity to present and receive evidence and to submit defenses in accordance with the rules of procedure and evidence. No other person may participate in the consideration of the matter.
Article 47: Disciplinary Procedures
Disciplinary measures shall be imposed, in accordance with the rules of procedure and the rules of evidence, on any judge, public prosecutor, deputy public prosecutor, registrar or deputy registrar who commits misconduct that is less serious in nature than that described in paragraph 1 of Article 46.
Article 48: Privileges and Immunities
1- The court in the territory of each State Party shall enjoy the privileges and immunities necessary to achieve its purposes.
2. Judges, the Public Prosecutor, Deputy Public Prosecutors, and the Registrar, in the performance of their duties at the Court or in connection with such duties, shall enjoy the same privileges and immunities as those accorded to heads of diplomatic missions. They shall continue, after the expiration of their term of office, to enjoy immunity from legal proceedings of any kind in respect of statements, writings, or actions made by them in their official capacity.
3- The Deputy Registrar, the staff of the Public Prosecutor’s Office, and the court clerks shall enjoy the privileges, immunities, and facilities necessary for the performance of their duties, in accordance with the Agreement on the Privileges and Immunities of the Court.
4- Lawyers, experts, witnesses, and any other person whose presence is required at the court premises shall be treated in a manner necessary for the proper performance of the court’s functions, in accordance with the Agreement on the Privileges and Immunities of the Court.
5- Privileges and immunities may be lifted as follows:
(a) It is raised in the case of a judge or public prosecutor by an absolute majority of the judges;
(b) It is raised in the case of registration by a decision of the Presidency;
(c) In the case of deputy public prosecutors and public prosecutor's office staff, the decision of the public prosecutor shall be made;
(d) In the case of the deputy registrar and court clerks, the matter is raised by a decision of the registrar.
Article 49: Salaries, allowances and expenses
Judges, the public prosecutor, deputy public prosecutors, the registrar and deputy registrar shall receive salaries, allowances and expenses determined by the Assembly of States Parties. These salaries and allowances may not be reduced during their term of service.
Article 50: Official and working languages
1. The official languages of the Court are Spanish, English, Russian, Chinese, Arabic, and French. Judgments of the Court, as well as other decisions concerning substantive issues before the Court, shall be published in the official languages. The Presidency shall determine, in accordance with the criteria established by the Rules of Procedure and Evidence, which decisions constitute substantive issues for the purposes of this paragraph.
2. The working languages of the court are English and French. The rules of procedure and evidence specify the cases in which other official languages may be used as working languages.
3- At the request of any party to the proceedings or a State that is permitted to intervene in the proceedings, the Court shall authorize the use of a language other than English or French by that party or State, provided that the Court deems that such authorization is sufficiently justified.
Article 51: Procedural Rules and Rules of Evidence
1- The rules of procedure and rules of evidence shall enter into force immediately upon their adoption by a two-thirds majority of the members of the Assembly of States Parties.
2- Amendments to the procedural rules and rules of evidence may be proposed by:
(a) Any State Party;
(b) The judges, by an absolute majority;
(c) The public prosecutor.
The amendments shall enter into force immediately upon their adoption by a two-thirds majority of the members of the Assembly of States Parties.
3- After the adoption of the rules of procedure and rules of evidence, in urgent cases where these rules do not provide for a specific case before the court, the judges may, by a two-thirds majority, establish provisional rules to be applied until they are adopted, amended or rejected at the next ordinary or special session of the Assembly of States Parties.
4- The procedural rules, rules of evidence, and their amendments, and each of the provisional rules, shall be consistent with this Statute. Amendments to the procedural rules, rules of evidence, and provisional rules shall not be applied retroactively in a manner that prejudices the person under investigation or prosecution or the convicted person.
5- In the event of a conflict between the statutes and the procedural rules and rules of evidence, the statutes shall prevail.
Article 52: Court Regulations
1- The judges shall, by an absolute majority and in accordance with this Statute, the Rules of Procedure and the Rules of Evidence, adopt the court regulations necessary for the normal performance of its functions.
2- Consultation is held with the Public Prosecutor and the Registrar when preparing the court regulations and any amendments thereto.
3. The Court's Statute and any amendments thereto shall enter into force immediately upon adoption, unless the judges decide otherwise. The Statute shall be circulated to States Parties immediately upon adoption for their comments. If no objections are received from a majority of States Parties within six months, the Statute shall remain in force.
Article 53: Commencement of the investigation
1. The Public Prosecutor shall commence an investigation, after assessing the information available to him, unless he decides that there is no reasonable basis to proceed under this Statute. In deciding to commence an investigation, the Public Prosecutor shall consider:
(a) Whether the information available to the Prosecutor provides a reasonable basis to believe that a crime within the jurisdiction of the Court has been or is being committed;
(b) Whether the case is admissible or can be admissible under Article 17;
(c) Whether he believes, taking into account the seriousness of the crime and the interests of the victims, that there are nevertheless substantial reasons to believe that conducting an investigation would not serve the interests of justice.
If the prosecutor decides that there is no reasonable basis to proceed and that his decision is based solely on subparagraph (c) above, he must inform the Pre-Trial Chamber accordingly.
2- If the public prosecutor determines, based on the investigation, that there is not sufficient grounds for prosecution:
(a) Because there is no sufficient legal or factual basis to request the issuance of an arrest warrant or a summons under Article 58; or
(b) Because the case is inadmissible under Article 17; or
(c) Because he considered, after taking into account all the circumstances, including the seriousness of the crime, the interests of the victims, the age or infirmity of the person to whom the crime is attributed, or his role in the alleged crime, that prosecution would not serve the interests of justice;
He must inform the Pre-Trial Chamber and the State submitting the referral under Article 14, or the Security Council in cases falling under paragraph (b) of Article 13, of the result he reached and the reasons for this result.
3- (a) At the request of the referring State under Article 14 or the request of the Security Council under paragraph (b) of Article 13, the Pre-Trial Chamber may review the Prosecutor’s decision under paragraph 1 or 2 not to initiate proceedings and may request the Prosecutor to reconsider that decision.
(b) The Pre-Trial Chamber may, in addition and on its own initiative, review the Prosecutor’s decision not to initiate proceedings if the decision is based solely on paragraph 1(c) or 2(c). In this case, the Prosecutor’s decision shall not become effective unless it is adopted by the Pre-Trial Chamber.
3- The Public Prosecutor may, at any time, reconsider and decide whether to proceed with an investigation or prosecution based on new facts or information.
Article 54: Duties and Powers of the Public Prosecutor Regarding Investigations
1- The public prosecutor shall do the following:
(a) In order to establish the truth, the scope of the investigation shall be broadened to include all facts and evidence relevant to assessing whether there is criminal responsibility under this Statute, and in doing so, it shall investigate the circumstances of both incrimination and acquittal;
(b) To take appropriate measures to ensure the effective investigation and prosecution of crimes within the jurisdiction of the Court, and in doing so respects the interests and personal circumstances of victims and witnesses, including age, gender as defined in paragraph 3 of Article 7, and health, and takes into account the nature of the crime, particularly when the crime involves sexual violence, intergender violence, or violence against children.
(c) Fully respects the rights of persons arising under this Statute.
2- The public prosecutor may conduct investigations within the territory of the state:
(a) In accordance with the provisions of Chapter 9; or
(b) As authorized by the Pre-Trial Chamber pursuant to paragraph 3(d) of Article 57.
3- To the Public Prosecutor:
(a) To collect and examine evidence;
(b) To request the presence of the persons under investigation, the victims, and the witnesses, and to question them;
(c) To seek the cooperation of any State, intergovernmental organization or any other intergovernmental arrangement, in accordance with the competence and/or mandate of each;
(d) To make the necessary arrangements or conclude the necessary agreements that do not conflict with this Statute, in order to facilitate cooperation with a State, an international governmental organization or a person;
(e) To agree not to disclose, at any stage of the proceedings, any documents or information obtained, provided that they are kept confidential and for the sole purpose of obtaining new evidence, unless the information provider agrees to disclose them; and
(f) To take or request that measures be taken to ensure the confidentiality of information, to protect any person, or to preserve evidence.
Article 55: Rights of persons during investigation
1- With regard to any investigation under this Statute:
(a) A person may not be compelled to incriminate himself or to confess that he is guilty;
(b) No person shall be subjected to any form of coercion, duress or threat, nor shall he be subjected to torture or any other form of cruel, inhuman or degrading treatment or punishment;
(c) If a person is questioned in a language other than the one he fully understands and speaks, he has the right to use a competent interpreter free of charge and to obtain the necessary written translations to meet the requirements of fairness.
(d) No person shall be subjected to arbitrary arrest or detention, nor may he be deprived of his liberty except for the reasons and in accordance with the procedures provided for in the Statute.
2- Where there are grounds to believe that a person has committed a crime within the jurisdiction of the Court and that person is to be questioned either by the Prosecutor or the national authorities pursuant to a request made under Part 9 of this Statute, that person shall also have the following rights and shall be informed of them before being questioned:
(a) He should be informed, before he is questioned, that there are grounds to believe that he has committed a crime within the jurisdiction of the court;
(b) The obligation to remain silent, without this silence being considered a factor in determining guilt or innocence;
(c) To seek legal assistance of his choice. If the person does not have legal assistance, such assistance shall be provided to him in any case where the interests of justice so require, without the person having to pay the costs of such assistance in any such case if he does not have sufficient means to bear them.
(d) To be questioned in the presence of a lawyer, unless the person voluntarily waives his right to legal counsel.
Article 56: The role of the Pre-Trial Chamber with regard to the existence
1- (a) When the Public Prosecutor believes that the investigation provides a unique opportunity, which may not subsequently be available for trial purposes, to obtain testimony or statements from a witness, or to examine, collect or test evidence, the Public Prosecutor shall notify the Pre-Trial Chamber accordingly.
(b) In this case, the Pre-Trial Chamber may, at the request of the Prosecutor, take the necessary measures to ensure the effectiveness and integrity of the proceedings, and in particular to protect the rights of the defense.
(c) The prosecutor shall provide relevant information to the person who has been arrested or who has appeared before the court pursuant to a summons relating to the investigation referred to in subparagraph (a), so that his view on the matter may be heard, unless the Pre-Trial Chamber orders otherwise.
2- The measures referred to in paragraph 1(b) may include the following:
(a) Issuing recommendations or orders regarding the procedures to be followed;
(b) Order to prepare a record of the procedures;
(c) Appointing an expert to provide assistance;
(d) Permission to appoint a lawyer for the person who has been arrested or appeared before the court in response to a summons, and if the person has not been arrested and has not yet appeared before the court or does not have a lawyer, the appointment of a lawyer to attend and represent the interests of the defense;
(e) Appointing one of its members, or, where necessary, another judge from the Pre-Trial or Trial Division whose circumstances permit, to monitor the situation and issue recommendations or orders regarding the collection and preservation of evidence and the questioning of persons;
(and) taking any other necessary measures to collect or preserve evidence.
3. (a) In cases where the Prosecutor does not request measures pursuant to this article, but the Pre-Trial Chamber considers such measures necessary to preserve evidence it deems essential to the defense at trial, it shall consult with the Prosecutor as to whether there is a reasonable cause for the Prosecutor not to request such measures. If, after consultation, the Pre-Trial Chamber concludes that there is no justification for the Prosecutor not to request such measures, the Pre-Trial Chamber may take such measures on its own initiative.
(b) The Prosecutor may appeal the decision taken by the Pre-Trial Chamber to act on its own initiative under this paragraph, and such appeal shall be considered on an urgent basis.
4- During the trial, the provisions of Article 69 shall be observed in regulating the admissibility of evidence or evidence records that are kept or collected for the purposes of the trial pursuant to this Article, and they shall be given the weight that the Primary Chamber decides for them.
Article 57: Functions and Powers of the Pre-Trial Chamber
1- The Pre-Trial Chamber shall exercise its functions in accordance with the provisions of this Article, unless the Statute provides otherwise.
2- (a) Orders or decisions issued by the Pre-Trial Chamber pursuant to Articles 15, 18, 19 and 54, Article 61 paragraph 2, Article 72 paragraph 7 must be approved by a majority of its judges;
(b) In all other cases, a single judge of the Pre-Trial Chamber may exercise the functions provided for in this Statute, unless the Rules of Procedure and the Rules of Evidence provide otherwise or as decided by a majority of the members of the Pre-Trial Chamber.
3- The Pre-Trial Chamber may, in addition to its other functions under this Statute, perform the following:
(a) To issue, at the request of the Public Prosecutor, the decisions and orders necessary for the purposes of the investigation;
(b) To issue, at the request of a person who has been arrested or appeared pursuant to a summons under Article 58, such orders as may be necessary, including any measures such as those set out in Article 56, or to seek such cooperation as may be necessary pursuant to Part 9, in order to assist the person in preparing his defense;
(c) To make, where necessary, arrangements to protect victims and witnesses and their privacy, to preserve evidence, to protect persons who have been arrested or appeared in response to a summons, and to protect information relating to national security;
(d) To authorize the Prosecutor to take specific investigative steps within the territory of a State Party without having secured the cooperation of that State under Part 9 if, in that case, the Pre-Trial Chamber decides, after taking into account the views of the State concerned whenever possible, that it is clear that the State is unable to carry out the request for cooperation because there is no authority or any element of its judicial system that can carry out the request for cooperation under Part 9;
(e) To request States to cooperate with it, in accordance with subparagraph 1(j) of Article 93, with regard to taking protective measures for the purpose of confiscation, and in particular for the ultimate interest of the victims, when an arrest warrant or summons has been issued pursuant to Article 58, and after giving due consideration to the strength of the evidence and to the rights of the parties concerned, in accordance with what is provided for in this Statute and in the Rules of Procedure and Rules of Evidence.
Article 58: Issuance of an arrest warrant or summons by the department
1- The Pre-Trial Chamber may, at any time after the commencement of the investigation and upon the request of the Public Prosecutor, issue an arrest warrant for the person if it is satisfied, after examining the request and the evidence or other information submitted by the Public Prosecutor:
(a) There are reasonable grounds to believe that the person has committed an offense within the jurisdiction of the court; and
(b) That arresting the person seems necessary:
"1" To ensure his appearance before the court, or
"2" To ensure that he does not obstruct or endanger the investigation or court proceedings, or
"3" Where applicable, to prevent the person from continuing to commit that crime or to prevent the commission of a related crime that falls within the jurisdiction of the court and arises from the same circumstances.
2- The public prosecutor's request includes the following:
(a) The person’s name and any other information relevant to identifying him/her;
(b) A specific reference to the crimes that fall within the jurisdiction of the court and the public prosecutor that the person has committed,
(c) A brief statement of the facts that the Public Prosecutor alleges constitute those crimes;
(d) A summary of the evidence and any other information that establishes reasonable grounds to believe that the person committed those crimes;
(e) The reason that makes the public prosecutor believe that the person should be arrested.
3- The arrest warrant includes the following:
(a) The person’s name and any other information relevant to identifying him/her;
(b) A specific reference to the crimes within the jurisdiction of the Court and for which the person is to be arrested; and
(c) A brief statement of the facts that the Public Prosecutor alleges constitute those crimes.
4- The arrest warrant remains in effect until the court orders otherwise.
5- The court may, based on an arrest warrant, request the provisional arrest of the person or his arrest and presentation under Chapter 9.
6- The Public Prosecutor may request the Pre-Trial Chamber to amend the arrest warrant by modifying the description of the crimes mentioned therein or adding to them. The Pre-Trial Chamber shall amend the warrant as requested if it is satisfied that there are reasonable grounds to believe that the person has committed the crimes whose descriptions have been modified or added to them.
7. Instead of obtaining an arrest warrant, the Prosecutor may request that the Pre-Trial Chamber issue a summons for the person to appear before the Court. If the Pre-Trial Chamber is satisfied that there are reasonable grounds to believe that the person has committed the alleged crime and that issuing a summons is sufficient to ensure the person's appearance before the Court, it shall issue the summons, with or without conditions restricting liberty (other than detention) if provided for by national law. The summons shall include the following:
(a) The person’s name and any other information relevant to identifying him/her;
(b) The specific date on which the person is required to appear;
(c) A specific reference to the crimes that fall within the jurisdiction of the court and the public prosecutor that the person has committed;
(d) A brief statement of the facts that the public prosecutor claims constitute that crime.
The person is notified of the order to appear.
Article 59: Arrest Procedures in the Reserving State
1- The State Party, upon receiving a request for provisional arrest or a request for arrest and surrender, shall take immediate steps to arrest the person concerned in accordance with its laws and the provisions of Chapter 9.
2- The person shall, immediately upon arrest, be brought before the competent judicial authority in the detaining state to decide in accordance with the law of that state:
(a) That the arrest warrant applies to that person;
(b) That the person was arrested in accordance with due process;
(c) That the person's rights have been respected.
3- The person arrested shall have the right to submit a request to the competent authority in the detaining State for temporary release pending his appearance before the court.
4. When deciding on any such request, the competent authority of the reserving State shall consider whether, in view of the seriousness of the alleged offenses, there are compelling and exceptional circumstances justifying provisional release, and whether there are necessary safeguards to ensure that the reserving State is able to fulfill its obligation to bring the person before the Court. The competent authority of the reserving State shall not consider whether the arrest warrant was issued correctly in accordance with paragraphs 1(a) and (b) of Article 58.
5. The Pre-Trial Chamber shall be notified of any request for provisional release and shall submit its recommendations to the competent authority in the reserving State. The competent authority in the reserving State shall give full consideration to these recommendations, including any recommendations concerning measures to prevent the person's escape, before issuing its decision.
6- If a person is granted provisional release, the Pre-Trial Chamber may request periodic reports on the status of provisional release.
7- Once the order to hand over the person has been issued by the reserving State, the person must be transferred to the court as soon as possible.
Article 60: Preliminary Proceedings before the Court
1- After the person is brought before the court, or the person appears voluntarily before the court or pursuant to a summons, the Pre-Trial Chamber must be satisfied that the person has informed the Prosecutor of the crimes he committed and of his rights under this Statute, including his right to seek provisional release pending trial.
2. A person subject to an arrest warrant may request provisional release pending trial. The person shall remain in detention if the Pre-Trial Chamber is satisfied that the conditions set forth in paragraph 1 of Article 58 have been met. If the Pre-Trial Chamber is not satisfied, it shall release the person, with or without conditions.
3. The Pre-Trial Chamber shall periodically review its decision regarding the release or detention of a person, and may do so at any time upon the request of the Prosecutor or the person. Based on this review, the Chamber may modify its decision regarding detention, release, or conditions of release if it is satisfied that a change in circumstances warrants it.
4. The Pre-Trial Chamber shall ensure that the person is not detained for an unreasonable period before trial due to an unjustified delay by the prosecutor. If such a delay occurs, the court shall consider the release of the person, with or without conditions.
5- The Pre-Trial Chamber, when necessary, may issue an order to arrest a released person to ensure his appearance before the court.
Article 61: Adoption of charges before trial
1- The Pre-Trial Chamber shall, within a reasonable period after the person is brought before the Court or appears voluntarily before it, subject to the provisions of paragraph 2, hold a hearing to approve the charges on which the Prosecutor intends to seek a trial. The hearing shall be held in the presence of the Prosecutor and the person accused, and his lawyer.
2- The Pre-Trial Chamber may, at the request of the Prosecutor or on its own initiative, hold a hearing in the absence of the person accused, in order to approve the charges on which the Prosecutor intends to request a trial, in the following cases:
(a) When a person has waived their right to attend; or
(b) When the person has fled or cannot be found and all reasonable steps have been taken to ensure the person’s appearance before the court and to inform him of the charges and that a hearing will be held to confirm those charges.
In this case, the person shall be represented by a lawyer where the Pre-Trial Chamber decides that this is in the interests of justice.
3- The following must be done within a reasonable time before the session:
(a) Providing the person with a copy of the document containing the charges on which the prosecutor intends to bring the person to trial,
(b) Informing the person of the evidence that the prosecutor intends to rely on at the hearing.
The Pre-Trial Chamber may issue orders regarding the disclosure of information for the purposes of the hearing.
4. The prosecutor may, before the hearing, continue the investigation and may amend or withdraw any of the charges. The person shall be notified a reasonable time before the hearing of any amendment to or withdrawal of charges. In the event of withdrawal of charges, the prosecutor shall inform the Pre-Trial Chamber of the reasons for the withdrawal.
5. During the hearing, the prosecutor must provide sufficient evidence to support each charge, demonstrating substantial grounds to believe that the person committed the alleged crime. The prosecutor may rely on documentary evidence or a summary of evidence and is not required to call witnesses expected to testify at the trial.
6- For the person during the session:
(a) To object to the charges;
(b) To challenge the evidence presented by the public prosecutor;
(c) And to provide evidence from his side.
7. The Pre-Trial Chamber shall decide, on the basis of its hearing, whether there is sufficient evidence to establish substantial grounds to believe that the person committed each of the crimes with which he is charged. The Pre-Trial Chamber may, on the basis of this decision:
(a) To adopt the charges for which it has decided there is sufficient evidence, and to refer the person to a preliminary chamber for trial on the charges it has adopted;
(b) To refuse to accept charges for which the Chamber has decided there is insufficient evidence;
(c) To postpone the session and to request the Public Prosecutor to consider the following:
"1" To provide further evidence or conduct further investigations in connection with a specific charge, or
"2" Amendment of a charge because the evidence presented appears to establish a different crime that falls within the jurisdiction of the court.
8- In cases where the Pre-Trial Chamber refuses to adopt a charge, this does not prevent the Prosecutor from subsequently requesting its adoption if this request is supported by additional evidence.
9. After the charges have been confirmed and before the trial begins, the Prosecutor may amend the charges with the permission of the Pre-Trial Chamber and after notifying the accused. If the Prosecutor seeks to add further charges or to replace one charge with a more serious one, a hearing under this article must be held to confirm those charges. After the trial has begun, the Prosecutor may withdraw the charges with the permission of the Trial Chamber.
10- Any summons previously issued shall cease to be in force in respect of any charges not adopted by the Pre-Trial Chamber or withdrawn by the Prosecutor.
11- When charges are adopted in accordance with this article, the Presidency shall form a Preliminary Chamber which, subject to paragraph 8 and paragraph 4 of Article 64, shall be responsible for the conduct of subsequent proceedings and may exercise any function of the Preliminary Chamber which is connected with its work and may have a role in those proceedings.
Article 62: Place of trial
Trials are held at the court premises, unless otherwise decided.
Article 63: Trial in the presence of the accused
1- The accused must be present during the trial.
2- If the accused appearing before the court continues to disrupt the proceedings, the trial chamber may remove the accused and provide him with what enables him to follow the trial and direct the lawyer from outside the courtroom, by using communication technology if necessary. Such measures shall only be taken in exceptional circumstances, after it has been proven that other reasonable alternatives are insufficient, and for a limited period only as the case requires.
Article 64: Functions and Powers of the Primary Court
1- The functions and powers of the Primary Chamber, as defined in this Article, shall be exercised in accordance with this Statute and the Rules of Procedure and Rules of Evidence.
2- The primary court shall ensure that the trial is fair and expeditious and that it is held in an atmosphere of full respect for the rights of the accused and due consideration for the protection of victims and witnesses.
3- When a case is referred to trial in accordance with this Statute, the primary chamber entrusted with hearing the case shall do the following:
(a) To consult with the parties and take the necessary measures to facilitate the proceedings in a fair and expeditious manner;
(b) To specify the language or languages to be used in the trial;
(c) Subject to any other relevant provisions of this Statute, to authorize the disclosure of documents or information that have not been previously disclosed, well in advance of the commencement of the trial, to allow for proper preparation for the trial.
4- The Trial Chamber may refer preliminary matters to the Pre-Trial Chamber if this is necessary for the efficient and fair conduct of its work, and it may, when necessary, refer these matters to any other judge of the Pre-Trial Division whose circumstances permit.
5- The Trial Chamber may, as appropriate and after notifying the parties, decide to join or separate the charges against more than one defendant.
6- The Trial Chamber, in carrying out its functions before or during the trial, may do the following as needed:
(a) Exercising any of the functions of the Pre-Trial Chamber referred to in paragraph 11 of Article 61;
(b) Ordering the attendance and testimony of witnesses and the submission of documents and other evidence, and for this purpose obtaining, if necessary, the assistance of States in accordance with what is provided for in this Statute;
(c) Taking the necessary measures to protect confidential information;
(d) Ordering the presentation of evidence other than that which was already collected prior to the trial or which was presented by the parties during the trial;
(e) Taking the necessary measures to protect the accused, witnesses and victims;
(f) To decide on any other related matters.
7- The trial shall be held in public sessions. However, the Trial Chamber may decide that certain circumstances require that some proceedings be held in closed session for the purposes set out in Article 68 or to protect confidential or sensitive information that must be presented as evidence.
8. (a) At the beginning of the trial, the Trial Chamber must read to the accused the charges previously adopted by the Pre-Trial Chamber. The Trial Chamber must ensure that the accused understands the nature of the charges. It must give the accused the opportunity to plead guilty in accordance with Article 65 or to plead not guilty.
(b) The presiding judge may, during the trial, issue instructions relating to the conduct of the proceedings, including ensuring that the proceedings are conducted fairly and impartially. Subject to the instructions of the presiding judge, the parties may present evidence in accordance with the provisions of this Statute.
9- The Court of First Instance shall, among other things, have the power to do, at the request of a party, or on its own initiative, the following:
(a) Deciding on the admissibility or relevance of evidence;
(b) Taking all necessary steps to maintain order during the session.
10- The primary court shall ensure the preparation of a complete trial record that includes an accurate statement of the proceedings, and the registrar shall be responsible for completing and maintaining it.
Article 65: Procedures upon admission of guilt
1- If the accused pleads guilty pursuant to paragraph 8(a) of Article 64, the Trial Chamber shall rule on:
(a) Whether the accused understands the nature and consequences of admitting guilt;
(b) And whether the confession was given voluntarily by the accused after sufficient consultation with the defense counsel;
(c) Whether the guilty plea is supported by the facts of the case as presented in:
"1" The charges brought by the public prosecutor that the accused admits to;
"2" Any supplementary materials to the charges presented by the Public Prosecutor and accepted by the accused;
"3" Any other evidence presented by the prosecutor or the accused, such as witness testimony.
2- If the trial chamber is satisfied that the matters referred to in paragraph 1 are proven, it shall consider the admission of guilt, together with any additional evidence that has been presented, as a report of all the essential facts necessary to prove the crime to which the admission of guilt relates, and it may convict the accused of that crime.
3- If the Trial Chamber is not satisfied that the matters referred to in paragraph 1 have been proven, it shall consider the admission of guilt as if it had never been made and, in that case, it shall order the trial to continue in accordance with the ordinary trial procedures provided for in this Statute and may refer the case to another Trial Chamber.
4- If the primary court deems it necessary to present a more comprehensive account of the facts of the case in the interest of justice, and especially in the interest of the victims, it may:
(a) To request the Public Prosecutor to provide additional evidence, including witness testimony;
(b) To order the continuation of the trial in accordance with the normal trial procedures provided for in this Statute, in which case it shall consider the admission of guilt as if it had never been made and may refer the case to another Trial Chamber.
5- The court shall not be bound by any discussions held between the prosecutor and the defense regarding amending the charges, admitting guilt, or the punishment to be imposed.
Article 66: Presumption of Innocence
1- A person is innocent until proven guilty before a court in accordance with the applicable law.
2- The burden of proof rests with the public prosecutor to prove that the accused is guilty.
3- The court must be convinced beyond a reasonable doubt that the accused is guilty before issuing its verdict of conviction.
Article 67: Rights of the Accused
1- In deciding on any charge, the accused shall have the right to a public trial, subject to the provisions of this Statute, and to a fair and impartial trial, and shall have the right to the following minimum guarantees, on an equal footing:
(a) To be informed immediately and in detail of the nature, cause and content of the charge against him, in a language he fully understands and speaks;
(b) To have sufficient time and facilities to prepare his defense, and to consult freely with a lawyer of his choice in an atmosphere of confidentiality;
(c) To be tried without any undue delay;
(d) Subject to the provisions of paragraph 2 of Article 63, he shall be present during the trial, and shall defend himself in person or with the assistance of legal counsel of his own choosing. If he does not have legal counsel, he shall be informed of this right and of the right that the court shall provide him with legal counsel whenever the interests of justice so require, without having to pay any fees for such assistance if he does not have sufficient means to bear them;
(e) To question the prosecution witnesses himself or through others, and to ensure the presence and questioning of the defense witnesses under the same conditions relating to the prosecution witnesses. The accused also has the right to present defenses and submit other evidence admissible under this Statute;
(And) to use, free of charge, a competent interpreter and the necessary written translations to meet the requirements of fairness if there are proceedings before the court or documents presented to it in a language other than the language that the accused fully understands and speaks;
(g) He shall not be compelled to testify against himself or to confess guilt, and he shall remain silent, without this silence being taken into account when determining guilt or innocence;
(h) To make an oral or written statement, without taking an oath, in his own defense;
(i) The accused shall not be subjected to the burden of proof or the duty of refutation in any way.
2- In addition to any other cases of disclosure stipulated in this Statute, the Public Prosecutor shall disclose to the defense, as soon as possible, the evidence in his possession or under his control which he believes shows or tends to show the innocence of the accused or mitigates his guilt or which may affect the credibility of the prosecution’s evidence. If there is doubt as to the application of this paragraph, the court shall decide on the matter.
Article 68: Protection of victims and witnesses and their participation in proceedings
1. The Court shall take appropriate measures to protect the safety, physical and psychological well-being, dignity, and privacy of victims and witnesses. In doing so, the Court shall take into account all relevant factors, including age, gender as defined in paragraph 3 of Article 7, health, and the nature of the offense, particularly, but not limited to, when the offense involves sexual violence, gender-based violence, or violence against children. The Public Prosecutor shall take such measures, particularly during the investigation and prosecution of these offenses, and these measures shall not infringe upon or conflict with the rights of the accused or with the requirements of a fair and impartial trial.
2. As an exception to the principle of open court proceedings stipulated in Article 67, the court chambers may, in order to protect victims, witnesses, or the accused, conduct any part of the trial in closed sessions or allow the presentation of evidence by electronic means or other special means. These measures shall be implemented particularly in the case of a victim of sexual violence or a child who is a victim or witness, unless the court orders otherwise, taking into account all circumstances, particularly the views of the victim or witness.
3. The court shall allow victims, where their personal interests are affected, to present and consider their views and concerns at any stage of the proceedings that the court deems appropriate, provided that this does not infringe upon or conflict with the rights of the accused or with the requirements of a fair and impartial trial. The victims' legal representatives may also present these views and concerns where the court deems it appropriate, in accordance with the rules of procedure and evidence.
4- The Victims and Witnesses Unit shall advise the Public Prosecutor and the Court on appropriate protection measures and security arrangements and provide advice and assistance as referred to in paragraph 6 of Article 43.
5- The Public Prosecutor may, for the purposes of any pre-trial proceedings, withhold any evidence or information that may be disclosed under this Statute and instead provide a summary thereof if the disclosure of such evidence would endanger the safety of any witness or his family. Such measures shall be exercised in a manner that does not infringe upon or conflict with the rights of the accused or with the requirements of a fair and impartial trial.
6- The State may submit a request to take the necessary measures with regard to the protection of its employees or representatives and to the protection of confidential or sensitive information.
Article 69: Evidence
1- Before giving testimony, each witness undertakes, in accordance with the procedural rules and rules of evidence, to be truthful in presenting evidence to the court.
2. Witnesses at trial shall give their testimony in person, except to the extent permitted by the measures provided for in Article 68 or in the Rules of Procedure and Evidence. The Court may also permit oral or recorded testimony from the witness using audiovisual or visual presentation technology, as well as the submission of written documents or transcripts, subject to compliance with this Statute and the Rules of Procedure and Evidence. Such measures must not infringe upon or conflict with the rights of the accused.
3- The parties may submit evidence related to the case, in accordance with Article 64, and the court has the authority to request the submission of all evidence that it deems necessary to determine the truth.
4- The court may decide on the relevance or admissibility of any evidence, taking into account, among other things, the probative value of the evidence and any breach that may result from such evidence in relation to conducting a fair trial for the accused or to the fair evaluation of witness testimony, in accordance with the procedural rules and the rules of evidence.
5- The court respects and observes the privileges relating to confidentiality in accordance with what is stipulated in the procedural rules and rules of evidence.
6- The court does not require proof of facts known to everyone, but it may take legal notice of them.
7- Evidence obtained as a result of a violation of this Statute or of internationally recognized human rights shall not be admitted if:
(a) The violation raised serious doubts about the reliability of the evidence;
(b) Or if accepting such evidence would compromise the integrity of the proceedings and would cause them serious harm.
8- When determining the relevance or admissibility of evidence collected by the State, the Court shall not decide on the application of the State’s national law.
Article 70: Criminal acts that disrupt the administration of justice
1- The court shall have jurisdiction over the following criminal acts that undermine its duty to administer justice, when committed intentionally:
(a) Giving false testimony after undertaking to be truthful in accordance with paragraph 1 of Article 69;
(b) Providing evidence that the party knows to be false or forged;
(c) Exerting a corrupting influence on a witness, or disrupting or influencing a witness’s appearance or testimony, or retaliating against a witness for giving testimony, and destroying, tampering with, or influencing the collection of evidence;
(d) Obstructing, intimidating, or corrupting a court official in order to force him to fail to perform his duties, or to perform them improperly, or to persuade him to do so.
(e) Retaliation against a court official because of duties performed by that official or another official;
(f) A court official soliciting or accepting a bribe in connection with his or her official duties.
2. The principles and procedures governing the Court's exercise of its jurisdiction over the criminal acts covered by this article shall be those set forth in the Rules of Procedure and Evidence. The domestic law of the State from which international cooperation is requested shall regulate the conditions under which such cooperation is provided to the Court in respect of its proceedings under this article.
3- In the event of conviction, the court may impose a sentence of imprisonment for a period not exceeding five years or a fine in accordance with the procedural rules and rules of evidence, or both.
4- (a) Each State Party shall extend the application of its criminal laws that punish criminal acts that undermine the integrity of the investigation or judicial process therein to include criminal acts that undermine the administration of justice, referred to in this article, that are committed in its territory or by one of its nationals.
(b) At the request of the Court, whenever it deems it appropriate, the State Party shall refer the case to its competent authorities for the purposes of prosecution, and those authorities shall carefully address such cases and devote sufficient resources to them to enable them to be dealt with effectively.
Article 71: Punishment for misconduct before the court
1- The court may punish persons appearing before it who commit bad conduct, including disrupting its proceedings or deliberately refusing to comply with its directives, with administrative measures other than imprisonment, such as temporary or permanent removal from the courtroom, a fine, or any other similar measures provided for in the rules of procedure and rules of evidence.
2- The procedures stipulated in the procedural rules and rules of evidence shall be the measures regulating punishment by the measures mentioned in paragraph 1.
Article 72: Protection of information related to national security
1. This article applies in any case where the disclosure of information or documents belonging to a State would, in its opinion, prejudice the national security interests of that State. Such cases include those falling under paragraphs 2 and 3 of Article 56, paragraph 3 of Article 61, paragraph 3 of Article 64, paragraph 2 of Article 67, paragraph 6 of Article 68, paragraph 6 of Article 87, and Article 93, as well as cases arising at any other stage of the proceedings where the disclosure of such information is under consideration.
2- This article also applies in any case where a person has been asked to provide information or evidence, but that person has refused to do so or has referred the matter to a State, on the basis that its disclosure would harm the national security interests of the State, and the State concerned has confirmed that it believes that the disclosure would harm its national security interests.
3- Nothing in this article shall prejudice the confidentiality requirements applicable under paragraph 3(e) and (f) of Article 54, or by application of Article 73.
4- If a State becomes aware that information or documents relating to it are being, or are likely to be, disclosed at any stage of the proceedings, and if it believes that such disclosure would prejudice its national security interests, that State shall have the right to intervene in order to settle the matter in accordance with this Article.
5- If a State considers that the disclosure of information would prejudice its national security interests, that State shall take all reasonable steps, in cooperation with the Prosecutor, the Defence Counsel, the Pre-Trial Chamber, or the Trial Chamber, as the case may be, in order to seek a cooperative resolution to the matter. These steps may include the following:
(a) Amend or clarify the request;
(b) A decision by the court as to the relevance of the information or evidence requested, or a decision by it as to whether the evidence, although relevant, could or could actually be obtained from a source other than the State requested to provide it;
(c) The possibility of obtaining information or evidence from another source or in another form; or
(d) Agreeing on the conditions under which assistance may be provided, including, among other things, providing summaries or redacted versions, setting limits on the extent of what may be disclosed, holding closed and/or one-sided hearings, or resorting to other safeguards permitted by this Statute and the Rules.
6- After taking all reasonable steps to resolve the matter in a cooperative manner, and if the State considers that there are no means or circumstances under which information or documents can be provided or disclosed without prejudice to its national security interests, the State shall inform the Public Prosecutor or the Court of the specific reasons on which it based its decision, unless the specific description of the reasons would in itself necessarily prejudice the national security interests of the State.
7- If the court then decides that the evidence is relevant and necessary to prove that the accused is guilty or innocent, it may undertake the following procedures:
(a) Where disclosure of information or documents is required pursuant to a request for cooperation under Chapter 9 or within the circumstances described in paragraph 2, and the State has based its refusal on the grounds referred to in paragraph 4 of Article 93:
“1” The Court may, before reaching any conclusion referred to in subparagraph 7(a) “2”, request further consultations in order to consider the State’s arguments, and this may include, as appropriate, closed or one-sided hearings;
"2" If the Court concludes that the State to which the request is addressed, based, in the circumstances of the case, on the grounds for refusal set out in paragraph 4 of Article 93, is not acting in accordance with its obligations under the Statute, the Court may refer the matter in accordance with paragraph 7 of Article 87, stating precisely the grounds on which it has based its conclusion;
"3" The court may, in the trial of the accused, conclude what may be appropriate in these circumstances regarding the existence or non-existence of a particular fact; or
(b) In all other circumstances:
"1" The order to disclose; or
“2” To the extent that it does not order disclosure; the conclusion in the trial of the accused is what may be appropriate in these circumstances in terms of the conclusion of the existence or non-existence of a certain fact.
Article 73: Third-Party Information or Documents
If a State Party receives a request from the Court for a document or information deposited with, in its possession, or under its control, and that document or information has been disclosed to that State as confidential by another State, intergovernmental organization, or international organization, it must seek the consent of the source to disclose the document or information. If the source is a State Party, that State must either consent to the disclosure of the information or document or undertake to resolve the issue of disclosure with the Court, subject to the provisions of Article 72. If the source is not a State Party and refuses to consent to disclosure, the requested State must inform the Court that it cannot produce the document or information because of a prior obligation to the source to maintain confidentiality.
Article 74: Requirements for issuing a decision
1- All judges of the Primary Circuit shall attend every stage of the trial and throughout their deliberations. The Presidency may, on a case-by-case basis, appoint one or more alternate judges, as circumstances permit, to attend every stage of the trial in order to replace any member of the Primary Circuit if that member is unable to continue attending.
2. The decision of the trial chamber is based on its assessment of the evidence and the entirety of the proceedings. The decision does not exceed the facts and circumstances set forth in the charges or in any amendments to the charges. The court bases its decision solely on the evidence presented to it and discussed before it during the trial.
3- The judges try to reach their decision unanimously, and if they cannot, the decision is issued by a majority of the judges.
4- The deliberations of the primary chamber remain confidential.
5. The decision shall be issued in writing and shall include a full and reasoned statement of the grounds determined by the trial chamber based on the evidence and findings. The trial chamber shall issue a single decision. Where there is no consensus, the trial chamber's decision shall include the majority and minority opinions. The decision, or a summary of the decision, shall be pronounced in open court.
Article 75: Compensation for the damages suffered by the victims
1. The court shall establish principles regarding the redress of damages suffered by or concerning victims, including restitution, compensation, and rehabilitation. Accordingly, the court may, upon request or on its own initiative in exceptional circumstances, specify in its judgment the scope and extent of any harm, loss, or injury suffered by or concerning victims, and state the principles upon which it has acted.
2- The court may issue a direct order against a convicted person specifying appropriate forms of reparation for the victims, or in respect of them, including restitution of rights, compensation and rehabilitation. The court may, where appropriate, order the implementation of the reparation decision through the trust fund provided for in Article 79.
3- Before issuing an order under this Article, the Court may call for statements of the situation from the convicted person, the victims, other interested persons, the State concerned, or their representatives, and the Court shall take such statements into consideration.
4- The Court may, in exercising its powers under this Article and after a person has been convicted of an offence under this Statute, decide whether it is necessary to carry out an order issued under this Article to request measures under paragraph 1 of Article 93.
5- The State Party shall implement the decision issued under this article as if the provisions of Article 109 applied to this article.
6- Nothing in this article shall be construed as impinging on the rights of victims under national or international law.
Article 76: Issuance of Judgments
1- In the event of a conviction, the primary chamber will consider imposing an appropriate sentence, taking into account the evidence and arguments presented during the trial that are relevant to the sentence.
2- Except in cases to which Article 65 applies and before the trial is completed, the Trial Chamber may, on its own initiative and must, upon the request of the Public Prosecutor or the accused, hold another session to consider any additional evidence or arguments relevant to the judgment, in accordance with the rules of procedure and the rules of evidence.
3- Where paragraph 2 applies, any comments made under Article 75 shall be heard during the other session referred to in paragraph 2 and, where necessary, during any additional session.
4- The verdict shall be issued publicly and in the presence of the accused, whenever possible.
Article 77: Applicable Penalties
1- Subject to the provisions of Article 110, the Court may impose on a person convicted of an offense under Article 5 of this Statute one of the following penalties:
(a) Imprisonment for a specified number of years, for a maximum period of 30 years;
(b) Life imprisonment where this penalty is justified by the extreme seriousness of the crime and the special circumstances of the convicted person.
2- In addition to imprisonment, the court may order the following:
(a) Imposing a fine in accordance with the standards set out in the procedural rules and rules of evidence;
(b) Confiscation of proceeds, property and assets derived directly or indirectly from that crime, without prejudice to the rights of bona fide third parties.
Article 78: Decision on the penalty
1- When determining the penalty, the court takes into account factors such as the seriousness of the crime and the special circumstances of the convicted person, in accordance with the procedural rules and rules of evidence.
2. When imposing a prison sentence, the court shall deduct any time previously spent in detention pursuant to a court order. The court may also deduct any other time spent in detention in connection with conduct underlying the crime.
3. When a person is convicted of more than one crime, the court shall issue a sentence for each crime and a combined sentence specifying the total prison term. This term shall not be less than the maximum term of each individual sentence and shall not exceed 30 years' imprisonment or life imprisonment in accordance with paragraph 1(b) of Article 77.
Article 79: The Trust Fund
1- A trust fund shall be established by a decision of the Assembly of States Parties for the benefit of victims of crimes within the jurisdiction of the Court, and for the benefit of the families of victims.
2- The court may order the transfer of money and other property collected in the form of fines, as well as confiscated money and property, to the trust fund.
3- The trust fund is managed in accordance with standards set by the Assembly of States Parties.
Article 80: No prejudice to the national application of national penalties and laws.
Nothing in this section of the Statute prevents the State from imposing the penalties stipulated in its national laws or from applying the laws of States that do not provide for the penalties specified in this section.
Article 81: Appeal against a decision of acquittal, conviction, or judgment
1- A decision issued under Article 74 may be appealed, in accordance with the procedural rules and rules of evidence as follows:
(a) The Public Prosecutor may file an appeal based on any of the following grounds:
"1" Procedural error,
"2b" Error in facts,
"3" Error in the law,
(b) The convicted person, or the public prosecutor on behalf of that person, may file an appeal based on any of the following grounds:
"1" Procedural error,
"2b" Error in facts,
"3" Error in the law,
"4" Any other reason that affects the integrity or reliability of the procedures or decision.
2- (a) The public prosecutor or the convicted person may appeal any sentence of punishment in accordance with the procedural rules and rules of evidence, on the grounds of disproportion between the crime and the punishment.
(b) If, during the consideration of an appeal against a sentence, the court finds that there are grounds to overturn the conviction, in whole or in part, it may call upon the public prosecutor and the convicted person to present the grounds pursuant to paragraph 1(a) or (b) of Article 81, and it may issue a decision regarding the conviction in accordance with Article 83.
(c) The same procedure applies when the court, while considering an appeal against a conviction only, finds that there are grounds to reduce the sentence under paragraph 2(a).
3- (a) The convicted person shall remain in custody until the appeal is decided, unless the trial chamber orders otherwise.
(b) The convicted person shall be released if the period of his detention exceeds the term of the prison sentence issued against him. However, if the Public Prosecutor files an appeal, the release of that person may be subject to the conditions set forth in subparagraph (c) below.
(c) The accused shall be released immediately if acquitted, subject to the following:
“1” The primary court, at the request of the public prosecutor, may decide to continue the detention of the person until the appeal is decided, in exceptional circumstances and taking into account a number of matters, including the high probability of the person fleeing, the seriousness of the crime attributed to him, and the likelihood of the appeal succeeding.
“2” In accordance with the rules of procedure and rules of evidence, an appeal may be filed against a decision issued by the Trial Chamber pursuant to subparagraph (c) “1”.
4- The execution of the decision or the sentence of punishment shall be suspended during the period allowed for appeal and throughout the appeal proceedings, subject to the provisions of paragraph 3 (a) and (b).
Article 82: Appeals against other decisions
1- Either party may, in accordance with the rules of procedure and rules of evidence, appeal any of the following decisions:
(a) A decision relating to jurisdiction or admissibility;
(b) A decision to grant or refuse the release of the person under investigation or prosecution;
(c) The Pre-Trial Chamber’s decision to act on its own initiative pursuant to paragraph 3 of Article 56.
(d) Any decision involving a matter which would significantly affect the fairness and speed of the proceedings or the outcome of the trial, and which the Trial Chamber considers that an immediate decision by the Appeals Chamber on this matter could lead to significant progress in the proceedings.
2- The State concerned or the Prosecutor may, with the permission of the Pre-Trial Chamber, appeal a decision issued by the Pre-Trial Chamber pursuant to paragraph 3(d) of Article 57. This appeal shall be considered on an urgent basis.
3- The appeal itself does not have a suspensive effect, unless the appeals chamber orders it to do so, based on a request for suspension, in accordance with the procedural rules and rules of evidence.
4- The legal representative of the victims, the convicted person, or the bona fide owner whose property is damaged by an order issued under Article 73 may file an appeal against the order for the purpose of obtaining compensation, as provided for in the rules of procedure and rules of evidence.
Article 83: Appeals Procedures
1- For the purposes of the procedures set forth in Article 81 and in this Article, the Court of Appeal shall have all the powers of the Court of First Instance.
2- If the Court of Appeal finds that the appealed procedures were unfair in a way that undermines the reliability of the decision or sentence, or that the appealed decision or sentence was fundamentally flawed by a mistake of fact or law or a procedural error, it may:
(a) To cancel or amend the decision or ruling,
(b) To order a new trial before a different trial chamber.
For these purposes, the Appeals Chamber may refer a factual matter back to the original trial chamber for a decision, and the Appeals Chamber may inform the Appeals Chamber of its decision. The Appeals Chamber may also request evidence to decide the matter itself. If an appeal against a decision or sentence has been filed by the convicted person or by the prosecutor on their behalf, it may not be modified in a way that prejudices their interests.
3- If the Court of Appeal finds during the appeal of a sentence that the sentence imposed is disproportionate to the crime, it may amend this sentence in accordance with Chapter 7.
4- The Court of Appeal's ruling shall be issued by a majority of the judges' opinions and shall be pronounced in a public session. The ruling must state the reasons on which it is based. When there is no consensus, the Court of Appeal's ruling must include the opinions of the majority and the minority. However, any judge may issue a separate or dissenting opinion on legal matters.
5- The Court of Appeal may issue its ruling in the absence of the acquitted or convicted person.
Article 84: Review of Conviction or Sentence
1- The convicted person may, and after his death, the spouse, children, parents, or any living person who at the time of the accused’s death had received express written instructions to that effect from him, or the Public Prosecutor on behalf of the person, submit a request to the Court of Appeal for reconsideration of the final judgment of conviction or sentence based on the following grounds:
(a) That new evidence has been discovered:
"1" was not available at the time of the trial, and the unavailability of this evidence is not attributable wholly or partly to the requesting party; and
"2" is of sufficient importance that, had it been proven at trial, it would likely have resulted in a different verdict;
(b) It has recently come to light that crucial evidence, taken into account at the time of the trial and on which the conviction was based, was false, fabricated or forged;
(c) It has been established that one or more of the judges who participated in the determination of guilt or in the adoption of charges, in that case, committed gross misconduct or grossly neglected their duties in a manner of such seriousness as to justify the removal of that judge or those judges under Article 46.
2- The Appeals Chamber shall reject the application if it deems it to be without merit, and if it decides that the application is worthy of consideration, it may, as it sees fit:
(a) that the original primary chamber be called to reconvene; or
(b) To form a new primary constituency; or
(c) To retain jurisdiction over the matter.
With the aim of reaching, after hearing the parties as provided for in the rules of procedure and rules of evidence, a decision as to whether the judgment should be reconsidered.
Article 85: Compensation for the arrested or convicted person
1- Any person who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation.
2- When a person is convicted, by a final decision, of committing a criminal offense, and when his conviction is subsequently overturned on the basis that it has been conclusively established from a new or newly discovered fact that a judicial deficiency occurred, the person who was penalized as a result of the conviction shall receive compensation in accordance with the law unless it is proven that the failure to disclose the unknown fact in a timely manner is wholly or partly attributable to him himself.
3- In exceptional circumstances, in which the court discovers conclusive facts that show a serious and clear judicial deficiency, the court may, at its discretion, decide on compensation in accordance with the standards set forth in the procedural rules and rules of evidence, for the person who is released from detention after a final decision of acquittal or termination of proceedings for the aforementioned reason.
Article 86: General obligation to cooperate
States Parties shall cooperate fully with the Court in the investigations and prosecutions it carries out within the Court’s jurisdiction, in accordance with the provisions of this Statute.
Article 87: Requests for Cooperation: General Provisions
1. (a) The Court shall have the power to make requests for cooperation to States Parties. Requests shall be transmitted through the diplomatic channel or any other appropriate channel which each State Party determines at the time of ratification, acceptance, approval or accession.
Each State Party shall make any subsequent changes to the designation of channels in accordance with the rules of procedure and rules of evidence.
(b) Requests may also be referred, as appropriate and without prejudice to the provisions of subparagraph (a), through the International Criminal Police Organization or any appropriate regional organization.
2- Requests for cooperation and any supporting documents shall be submitted either in one of the official languages of the State to which the request is addressed or accompanied by a translation into one of these languages, or in one of the working languages of the Court, as chosen by that State upon ratification, acceptance, approval or accession.
Subsequent changes to this selection are made in accordance with the procedural rules and rules of evidence.
3- The State to which the request is addressed shall maintain the confidentiality of any request for cooperation and the confidentiality of any supporting documents for the request, except to the extent that their disclosure is necessary for the implementation of the request.
4. With regard to any request for assistance submitted under Part 9, the Court may take the necessary measures, including those relating to the protection of information, to ensure the safety and physical and psychological well-being of victims, potential witnesses, and their families. The Court may also require that the provision and dissemination of any information made available under Part 9 be conducted in a manner that protects the safety and physical and psychological well-being of victims, potential witnesses, and their families.
5- The Court may invite any State not a party to this Statute to provide the assistance provided for in this chapter on the basis of a special arrangement or agreement with that State or on any other appropriate basis.
If a State not party to this Statute, which has entered into a special arrangement or agreement with the Court, fails to cooperate with respect to requests made under such arrangement or agreement, the Court may notify the Assembly of States Parties or the Security Council if the Security Council has referred the matter to the Court.
6. The Court may request any intergovernmental organization to provide information or documents. The Court may also request other forms of cooperation and assistance agreed upon with the organization and consistent with its jurisdiction or mandate.
7. If a State Party fails to comply with a request for cooperation from the Court in a manner inconsistent with the provisions of this Statute and prevents the Court from exercising its functions and powers under this Statute, the Court may decide to that effect and refer the matter to the Assembly of States Parties or to the Security Council if the Security Council has referred the matter to the Court.
Article 88: Making procedures available under national laws
The States Parties shall ensure that the necessary procedures are made available under their national laws to achieve all forms of cooperation provided for in this chapter.
Article 89: Bringing persons before the court
1. The Court may request, with the supporting materials specified in Article 91, the arrest and surrender of a person to any State in whose territory that person may be found, and shall request the cooperation of that State in arresting and surrendering that person. States Parties shall comply with requests for arrest and surrender in accordance with the provisions of this Part and the procedures provided for in their national laws.
2. If the person sought for extradition raises an objection before a national court on the grounds of double jeopardy, as set forth in Article 20, the requested State shall consult immediately with the Court to determine whether there is a relevant decision on admissibility. If the Court accepts the objection, the requested State shall execute the request. If the decision on admissibility is pending, the requested State may defer the execution of the extradition request until the Court has made a decision on admissibility.
3- (a) The State Party shall authorize, in accordance with its national procedural law, the transit through its territory of any person who is to be brought from another State to the Court, except in cases where the transit of the person through that State would impede or delay his presentation;
(b) The court shall submit the transit application in accordance with Article 87, and the transit application shall include the following:
"1" A statement describing the person to be transferred;
"2" A brief statement of the facts of the case and its legal characterization;
"3" Arrest and presentation order;
(c) The person being transported remains under custody during the transit period.
(d) No permission is required if the person is being transported by air and is not scheduled to land in the territory of the transit state.
(e) If an unscheduled landing occurs in the territory of the transit State, that State may request the Court to issue a transit application in accordance with subparagraph (b). The transit State shall detain the person being transported until the transit application is received and the transit is carried out; however, for the purposes of this subparagraph, the period of detention shall not be extended beyond 96 hours from the time of the unscheduled landing unless the application is received within that period.
4. If proceedings are underway in the requested State against the person sought, or if that person is serving a sentence in that State for an offense other than the one for which the Court is requesting his extradition, the requested State must consult with the Court after deciding to grant the request.
Article 90: Multiple Applications
1- If a State Party receives a request from the Court to surrender a person under Article 89 and also receives a request from any other State for the surrender of the same person on account of the same conduct which forms the basis of the crime for which the Court is requesting the surrender of the person concerned, the States Parties shall notify the Court and the requesting State of this fact.
2- If the requesting state is a State Party, the State to which the request is addressed must give priority to the request submitted by the Court, namely:
(a) If the court has decided, pursuant to Articles 18 and 19, that the case in respect of which the extradition of the person is sought is admissible, and has taken into account in that decision the investigative or prosecutorial actions undertaken by the requesting State in connection with its extradition request; or
(b) If the court has taken the decision described in subparagraph (a) based on the notifications submitted by the State to which the request is addressed under paragraph 1.
3. If no decision is rendered as provided in paragraph 2(a), and pending the decision of the Court provided in paragraph 2(b), the requested State may, at its discretion, consider the extradition request submitted by the requesting State, provided that it does not extradite the person before the Court renders a decision of inadmissibility. The Court's decision in this regard shall be rendered on an expedited basis.
4- If the requesting State is not a party to this Statute, the State to which the request is addressed shall give priority to the application for submission made by the Court if the Court has decided the admissibility of the case and that State is not bound by an international obligation to extradite the person to the requesting State.
5- If the court does not issue a decision under paragraph 4 regarding the admissibility of the case, the requested State may, at its discretion, address the extradition request made to it by the requesting State.
6. In cases where paragraph 4 applies, except where the requested State has an existing international obligation to surrender the person to the requesting State which is not a party to this Statute, the requested State shall decide whether to surrender the person to the Court or to the requesting State. In making its decision, the requested State shall take into account all relevant factors, including but not limited to:
(a) Date of each request;
(b) The interests of the requesting State, including, where appropriate, whether the crime was committed in its territory, the nationality of the victims and the nationality of the person sought;
(c) The possibility of making the application later between the court and the requesting state.
7- If a State Party receives a request from the Court to surrender a person, and also receives a request from any State for the surrender of the same person for conduct other than that which constitutes the offense for which the Court requests the surrender of the person:
(a) The requested State shall give priority to the request made by the Court if it is not bound by an existing international obligation to extradite the person to the requesting State;
(b) The requested State shall decide, if it has an existing international obligation to surrender the person to the requesting State, whether to submit the person to the Court or to surrender him to the requesting State. In making its decision, the requested State shall take into account all relevant factors, including, but not limited to, those set forth in paragraph 6, giving particular consideration to the nature and relative seriousness of the conduct concerned.
8- Where the Court, acting on notification under this Article, deems the case inadmissible and subsequently decides to refuse extradition to the requesting State, the State to which the request is addressed shall notify the Court of this decision.
Article 91: Content of the arrest and presentation request
1- The request for arrest and presentation shall be submitted in writing. In urgent cases, the request may be submitted by any means that can deliver a written document, provided that the request is confirmed through the channel provided for in paragraph 1(a) of Article 87.
2- In the case of any request for the arrest and presentation of a person against whom an arrest warrant has been issued by the Pre-Trial Chamber pursuant to Article 58, the request must include or be supported by the following:
(a) Information describing the person wanted, sufficient to identify him, and information about the place where the person is likely to be;
(b) A copy of the arrest warrant;
(c) The documents, data, or information necessary to satisfy the requirements of the submission process in the requested State, except that such requirements shall not be more burdensome than those applicable to extradition requests made pursuant to treaties or arrangements concluded between the requested State and other States. Where possible, they should be less burdensome, taking into account the distinctive nature of the Court.
3- In the event of any request for the arrest and presentation of a person who has been convicted, the request must include or be supported by the following:
(a) A copy of any arrest warrant for that person;
(b) A copy of the conviction ruling;
(c) Information proving that the person sought is the same person referred to in the conviction ruling;
(d) In the event that a sentence has been issued against the person requested, a copy of the sentence issued, and also, in the event of a sentence of imprisonment, a statement explaining the period that has actually elapsed and the remaining period.
4- The State Party shall consult with the Court, at the Court’s request, either generally or on a specific issue, regarding any requirements provided by its national law and applicable under paragraph 2(c). The State Party shall explain to the Court, during these consultations, the specific requirements provided by its national law.
Article 92: Precautionary Arrest
1- In urgent cases, the court may request the provisional arrest of the person sought, pending notification of the application and supporting documents as specified in Article 91.
2- The request for provisional arrest shall be submitted by any means capable of delivering a written document, and shall include the following:
(a) Information describing the person sought and sufficient to identify him, and information about the place where the person is likely to be;
(b) A brief statement of the offenses for which the arrest of the person is sought and of the facts which the public prosecutor alleges constitute those offenses, including the time and place of the offense, if possible;
(c) A statement of the existence of an arrest warrant or conviction against the person wanted;
(d) A statement that the request to submit the required person will arrive at a later date.
3. A person held in pretrial detention may be released if the requested State has not received the extradition request and supporting documents, as specified in Article 91, within the time limits set forth in the Rules of Procedure and Evidence. However, the person may consent to extradition before the expiry of this period if the law of the requested State permits it. In this case, the requested State shall proceed to bring the person before the court as soon as possible.
4- The release of the wanted person, pursuant to paragraph 3, shall not prevent his arrest at a later time and his presentation if the application for presentation and the supporting documents for the application are received at a later date.
Article 93: Other forms of cooperation
1- States Parties shall comply, in accordance with the provisions of this chapter and pursuant to the procedures of their national laws, with requests from the Court for the following assistance in connection with investigation or prosecution:
(a) Identifying the identity and location of persons or the location of things;
(b) Gathering evidence, including sworn testimony, and presenting evidence, including expert opinions and reports, to the court;
(c) Interrogating any person under investigation or prosecution;
(d) Notification of documents, including judicial documents;
(e) Facilitating the voluntary appearance of persons as witnesses or experts before the court;
(d) Temporary transfer of persons as provided for in paragraph 3;
(g) Examining places or sites, including removing bodies and examining grave sites;
(h) Executing inspection and seizure orders;
(i) Providing records and documents, including official records and documents;
(i) Protecting victims and witnesses and preserving evidence;
(k) Identifying, tracing, freezing or seizing proceeds, property and instruments related to crimes for the purpose of ultimately confiscating them, without prejudice to the rights of bona fide third parties;
(l) Any other type of assistance not prohibited by the law of the State to which the request is addressed, for the purpose of facilitating the investigation of crimes within the jurisdiction of the Court.
2- The court shall have the power to provide assurances to the witness or expert appearing before the court that he or she will not be subject to prosecution, detention or any restriction on his or her personal liberty by the court in connection with any act or omission prior to his or her departure from the country to which the request is addressed.
3. Where the implementation of any assistance measure provided for in a request made under paragraph 1 is prohibited in the requested State on the basis of a fundamental principle of law generally applicable, the requested State shall consult immediately with the Court to resolve the matter. Consideration shall be given in these consultations to whether assistance can be provided in another way or subject to conditions. If the matter cannot be resolved after consultation, the Court shall amend the request accordingly.
4- The State Party may not refuse a request for assistance, in whole or in part, unless the request concerns the provision of any documents or disclosure of any evidence relating to its national security, in accordance with Article 72.
5- The State to which assistance is requested under paragraph 1(l) shall, before refusing the request, consider whether it is possible to provide assistance under specific conditions, at a later date, or in an alternative manner. The Court or the Prosecutor shall be bound by these conditions if the Court or the Prosecutor accepts to provide assistance in accordance with them.
6- A State Party that refuses a request for assistance addressed to it must immediately notify the Court or the Prosecutor of the reasons for its refusal.
7- (a) The court may request the temporary transfer of a detained person for the purposes of identification, giving testimony, or obtaining other assistance. The person may be transferred if the following two conditions are met:
"1" That the person agrees to the transfer of his own free will and with full awareness;
"2" That the State to which the request is addressed agrees to transfer the person, subject to observing the conditions that may be agreed upon by that State and the Court.
(b) The person being transferred shall remain in custody. When the purposes of the transfer have been achieved, the court shall return the person without delay to the requested State.
8- (a) The court shall ensure the confidentiality of documents and information, except for those necessary for the investigations and procedures outlined in the application.
(b) The requested State may, where necessary, transmit to the Prosecutor on a confidential basis certain documents or information. The Prosecutor may then use such documents or information only for the purpose of obtaining new evidence;
(c) The requested State may subsequently agree, on its own initiative or at the request of the Prosecutor, to disclose such documents or information, and they may then be used as evidence pursuant to the provisions of Chapters 5 and 6 and in accordance with the rules of procedure and rules of evidence.
9- (a) “1” If a State Party receives two requests, other than a request for surrender and extradition, from the Court and from another State pursuant to an international obligation, the State Party, in consultation with the Court and the other State, shall endeavor to satisfy both requests, by, if necessary, postponing one of the requests, or by making conditions attached to either of them.
"2" If this occurs, the matter shall be settled with respect to the two applications in accordance with the principles set out in Article 90.
(b) However, where the Court’s request relates to information, property or persons that are under the control of a third State or an international organization pursuant to an international agreement, the State to which the request is addressed shall inform the Court so and the Court shall direct its request to the third State or to the international organization.
10- (a) The Court may, if requested to do so, cooperate with and assist any State Party if that State is conducting an investigation or prosecution in respect of conduct that constitutes an offense within the jurisdiction of the Court or a serious offense under the national law of the requesting State.
(b) “1” The assistance provided under subparagraph (a) includes a number of things, among them the following:
(1) Referral of any data, documents or any other types of evidence obtained during the investigation or trial conducted by the court;
(b) Interrogating any person detained by order of the court;
"2" In the case of assistance provided under paragraph (b) "1" (1), the following shall be observed:
(1) If the documents or other types of evidence were obtained with the assistance of a State, the referral requires the consent of that State,
(2) If the data, documents or other types of evidence have been provided by a witness or expert, the referral is subject to the provisions of Article 68.
(c) The Court may, under the conditions set forth in this paragraph, agree to a request for assistance made by a State not party to this Statute under this paragraph.
Article 94: Postponement of execution of a request relating to an ongoing investigation or prosecution
1. If the immediate execution of a request would interfere with an ongoing investigation or prosecution in a case different from that to which the request relates, the requested State may postpone its execution for a period of time to be agreed upon with the Court. However, the postponement shall not be longer than is necessary to complete the relevant investigation or prosecution in the requested State. Before deciding on postponement, the requested State should consider whether assistance can be provided immediately, subject to certain conditions.
2- If a decision is made to postpone pursuant to paragraph 1, the Public Prosecutor may, however, request that measures be taken to preserve evidence, in accordance with paragraph 1(y) of Article 93.
Article 95: Postponement of execution of a request regarding an appeal against the admissibility of the lawsuit
The State to which the request is addressed may, without prejudice to paragraph 2 of Article 53, postpone the execution of a request under this chapter where there is an appeal against the admissibility of the case pending before the Court pursuant to Article 18 or Article 19. This is subject to a decision by the Court unless the Court has specifically ordered that the Prosecutor may continue to collect evidence pursuant to Article 18 or Article 19.
Article 96: Content of requests for other forms of assistance under Article 93
1. Applications for other forms of assistance referred to in Article 93 shall be submitted in writing. In urgent cases, the application may be submitted by any means capable of delivering a written document, provided that the application is confirmed through the channel provided for in paragraph 1(a) of Article 87.
2- The application must include or be supported, as appropriate, by the following:
(a) A brief statement of the purpose of the request and the assistance sought, including the legal basis for the request and the reasons for it;
(b) As much detailed information as possible about the location or description of any person or place that needs to be found or identified in order for the required assistance to be provided;
(c) A brief statement of the basic facts on which the application is based;
(d) Reasons and details of any procedures or requirements that must be followed;
(e) Any information that may be required by the law of the country to which the request is addressed in order to execute the request;
(and) any other relevant information in order for the required assistance to be provided.
3. The State party shall consult with the Court, at the Court’s request, either generally or on a specific issue, regarding any requirements provided by its national law that are applicable under paragraph 2(e). During these consultations, the State party shall explain to the Court the specific requirements provided by its national law.
4- The provisions of this article also apply, as appropriate, to any request for assistance submitted to the court.
Article 97: Consultations
When a State Party receives a request under this section and identifies problems that may impede or prevent its execution, that State shall consult with the Court without delay to resolve the matter. These problems may include, inter alia, the following:
(a) Insufficient information to fulfill the request;
(b) In the event of a request for the person’s production, it is not possible, despite every effort, to determine the whereabouts of the person requested, or the investigation carried out has clearly confirmed that the person in the reserving State is not the person named in the order;
(c) The execution of the request in its current form requires that the State to which the request is addressed breach a prior treaty obligation on its part towards another State.
Article 98: Cooperation regarding the waiver of immunity
1- The Court may not make a request for submission or assistance that would require the State to which the request is addressed to act in a manner inconsistent with its obligations under international law in respect of State immunities or diplomatic immunity of a person or property of a third State, unless the Court can first obtain the cooperation of that third State in order to waive the immunity.
2- The Court may not issue a request for surrender that requires the requested State to act in a manner inconsistent with its obligations under international agreements that require the consent of the sending State as a condition for surrendering a person of that State to the Court, unless the Court can first obtain the cooperation of the sending State to give its consent to surrender.
Article 99: Implementation of requests submitted under Articles 93
1- Requests for assistance shall be carried out in accordance with the relevant procedure under the law of the country to which the request is addressed, and in the manner specified in the request, unless prohibited by said law. This includes following any procedure indicated in the request or allowing the persons identified in the request to be present during or assist in the execution process.
2- In the case of urgent requests, the documents or evidence submitted in response to these requests shall be sent urgently, at the request of the court.
3- Responses received from the country to which the request is addressed shall be sent in their original language and format.
4- Without prejudice to the other provisions of this chapter, and when it is necessary for the successful execution of a request that can be carried out without any compulsory measures, including in particular interviewing a person or taking evidence from him on a voluntary basis, doing so without the presence of the authorities of the State Party to whom the request is addressed if this is necessary for the execution of the request, and conducting an inspection of a public site or other public place without modification, the Public Prosecutor may carry out this request directly in the territory of the State, as follows:
(a) When the requested State Party is a State in whose territory the crime is alleged to have been committed, and there has been a decision on admissibility under Article 18 or Article 19, the Prosecutor may execute the request immediately after conducting possible consultations with the requested State Party;
(b) In other cases, the Prosecutor may execute such a request after consulting with the requested State Party and taking into account any reasonable conditions or concerns raised by that State Party. When the requested State Party indicates problems relating to the execution of the request under this subparagraph, it shall consult with the Court without delay in order to resolve the matter.
5- The provisions that allow a person being heard or questioned by the court under Article 72 to invoke restrictions aimed at preventing the disclosure of confidential information related to national defense or national security also apply to the execution of requests for assistance made in accordance with this Article.
Article 100: Costs
1- The State to which the request is addressed shall bear the normal costs of executing the requests in its territory, with the exception of the following costs which shall be borne by the Court:
(a) Costs associated with the travel and security of witnesses and experts or with carrying out, under Article 93, the transfer of persons in custody;
(b) Costs of written translation, interpretation and transcription;
(c) Travel costs and accommodation allowances for judges, the public prosecutor, deputy public prosecutors, the registrar, deputy registrar and staff of any court apparatus;
(d) The costs of obtaining any expert opinion or report requested by the court;
(e) The costs associated with transporting any person being brought before the Court by the reserving State;
(f) Any exceptional costs that may be incurred in implementing the request, after consultations have been held on this matter.
2. The provisions of paragraph 1 shall apply, as appropriate, to requests submitted by States Parties to the Court. In such cases, the Court shall bear the ordinary costs of enforcement.
Article 101: Allocation Rule
1- No action shall be taken against a person brought before the Court under this Statute, nor shall that person be punished or detained for any conduct committed prior to his presentation that is contrary to the conduct or behavioral pattern that forms the basis of the offences for which he was brought.
2- The Court may request the State that submitted the person to the Court to waive the requirements set forth in paragraph 1, and the Court shall provide such additional information as may be required in accordance with Article 91. States Parties have the power to make a waiver to the Court, and should seek to do so.
Article 102: Use of Terminology
For the purposes of this statute:
(a) “Submission” means the transfer by a State of a person to the Court pursuant to this Statute;
(b) “Extradition” means the transfer by one State of a person to another State pursuant to a treaty, agreement or national legislation.
Article 103: The role of states in implementing prison sentences
1- (a) The sentence of imprisonment shall be carried out in a country designated by the Court from a list of countries that have expressed to the Court their willingness to accept convicted persons.
(b) The State, when declaring its readiness to receive convicted persons, may attach to it conditions for their acceptance which are approved by the Court and are consistent with the provisions of this chapter.
(c) In any given case, the State concerned shall immediately inform the Court whether it accepts the application.
2. (a) The enforcing State shall notify the Court of any circumstances, including the application of any conditions agreed upon under paragraph 1, that could significantly affect the conditions or duration of imprisonment. The Court shall be given at least 45 days' notice of any known or anticipated such circumstances. During this period, the enforcing State shall not take any action that would violate its obligations under Article 110.
(b) Where the Court cannot agree with the circumstances referred to in subparagraph (a), the Court shall notify the State of enforcement and act in accordance with paragraph 1 of Article 104.
3- In exercising its own discretion to make any appointment under paragraph 1, the Court shall take into consideration the following:
(a) The principle that States Parties must share responsibility for the execution of prison sentences, in accordance with the principles of fair distribution, as set out in the Rules of Procedure and Rules of Evidence;
(b) Applying the standards applicable to the treatment of prisoners and established by widely accepted international treaties;
(c) The opinions of the convicted person;
(d) The nationality of the convicted person;
(e) Any other factors relating to the circumstances of the crime, the person convicted, or the actual execution of the sentence, where appropriate in designating the State of Execution.
4- If no State is designated pursuant to paragraph 1, the sentence of imprisonment shall be carried out in the prison provided by the host State, in accordance with the conditions set forth in the Headquarters Agreement referred to in paragraph 2 of Article 3. In this case, the Court shall bear the costs arising from the execution of the sentence of imprisonment.
Article 104: Change of the designated country of implementation
1- The court may decide, at any time, to transfer the convicted person to a prison in another country.
2- The convicted person may submit to the court, at any time, a request to be transferred from the country of enforcement.
Article 105: Execution of the prison sentence
1- Subject to the conditions that the State has set forth in accordance with paragraph 1(b) of Article 103, the sentence of imprisonment shall be binding on the States Parties and may not be modified by them in any way.
2. The court alone shall have the right to decide on any application for appeal or review. The enforcing state may not prevent the convicted person from submitting any such application.
Article 106: Supervision of the execution of the sentence and prison conditions
1- The execution of the prison sentence shall be subject to the supervision of the court and in accordance with the standards that regulate the treatment of prisoners and are established by widely accepted international treaties.
2. Prison conditions are governed by the law of the state of enforcement and must conform to the standards for the treatment of prisoners established by widely accepted international treaties. Under no circumstances may these conditions be more or less favorable than those available to prisoners convicted of similar offenses in the state of enforcement.
3- Communications between the convicted person and the court shall be conducted without restrictions and in an atmosphere of confidentiality.
Article 107: Transfer of the person upon completion of the sentence
1- After the completion of the term of the sentence, in accordance with the law of the State of enforcement, the person who is not under the care of the State of enforcement may be transferred to a State that is obligated to receive him or to another State that agrees to receive him, taking into account the wishes of the person to be transferred to that State, unless the State of enforcement authorizes the person to remain in its territory.
2- The court shall bear the costs arising from the transfer of the person to another country pursuant to paragraph 1, if no country bears those costs.
3- Subject to the provisions of Article 108, the State of enforcement may also, in accordance with its national law, surrender or hand over the person to the State that requested his surrender or handover for the purpose of his trial or the execution of a judgment issued against him.
Article 108: Restrictions on prosecution or punishment for other crimes
1- A convicted person placed in custody in the State of Enforcement shall not be subject to prosecution, punishment or extradition to a third State for any conduct committed before his transfer to the State of Enforcement, unless the Court has agreed to such prosecution, punishment or extradition at the request of the State of Enforcement.
2- The court decides on the matter after listening to the opinions of the convicted person.
3- The application of paragraph 1 shall cease if the convicted person remains of his own volition for more than 30 days in the territory of the State of enforcement after serving the entire term of the sentence imposed by the court, or returns to the territory of that State after leaving it.
Article 109: Implementation of fines and confiscation measures
1- The States Parties shall implement the penalties of fines or confiscation ordered by the Court under Chapter 7, without prejudice to the rights of bona fide third parties and in accordance with the procedures of their national law.
2- If the State Party is unable to enforce a confiscation order, it shall take measures to recover the value of the proceeds, property or assets that the court has ordered to be confiscated, without prejudice to the rights of bona fide third parties.
3- Transfer to the Court the property, or proceeds from the sale of real estate or, where appropriate, proceeds from the sale of other property obtained by a State Party as a result of its execution of a judgment issued by the Court.
Article 110: The court shall reconsider the reduction
1- The State of Execution may not release the person before the expiry of the term of sentence imposed by the court.
2- The court alone has the right to decide on any reduction of the sentence, and it decides on the matter after hearing from the person.
3- The court shall reconsider the sentence to determine whether it should be reduced, when the person has served two-thirds of the sentence, or twenty-five years in the case of life imprisonment. The court shall not reconsider the sentence before the aforementioned periods have elapsed.
4- The court may, upon review under paragraph 3, reduce the sentence if one or more of the following factors are proven to be present:
(a) Early and continuous willingness on the part of the person to cooperate with the court in its investigative and prosecuting activities,
(b) Voluntarily assisting in the enforcement of judgments and orders issued by the court in other cases, in particular assisting in locating assets subject to orders for fines, confiscation, or compensation that may be used for the benefit of the victims, or
(c) Any other factors that demonstrate a clear and significant change in circumstances sufficient to justify a reduction of the penalty, as provided for in the Rules of Procedure and Rules of Evidence.
5- If the court, at the first review under paragraph 3, decides that it is not appropriate to reduce the sentence, it shall subsequently reconsider the issue of reduction in accordance with the time limits and standards set by the rules of procedure and the rules of evidence.
Article 111: Escape
If a convicted person under custody escapes from the State of enforcement, that State may, after consulting with the Court, request the State where the person is located to extradite him/her under existing bilateral or multilateral arrangements. It may also request the Court to take action to extradite that person. The Court may order the transfer of the person/her to the State where he/she was serving his/her sentence or to another State designated by the Court.
Article 112: Assembly of States Parties
1. An Assembly of States Parties to this Statute shall be established. Each State Party shall have one representative in the Assembly, who may be accompanied by alternates and advisors. Other States that have signed the Statute or the Final Act may have observer status in the Assembly.
2- The association undertakes the following:
(a) Consider and adopt the recommendations of the Preparatory Committee, as appropriate;
(b) Providing administrative oversight of the Presidency, the Public Prosecutor and the Registrar with regard to the administration of the court;
(c) To consider the reports and activities of the office established under paragraph 3, and to take appropriate action with regard to such reports and activities;
(d) Considering and deciding on the court's budget;
(e) Report on whether the number of judges should be amended in accordance with Article 36;
(f) Consider, in accordance with paragraphs 5 and 7 of Article 87, any matter relating to non-cooperation;
(g) Performing any other task consistent with this Statute and with the Rules of Procedure and Rules of Evidence.
3- (a) The association shall have an office consisting of a president, two vice presidents and 18 members elected by the association for a term of three years;
(b) The office shall have a representative character, taking into account in particular the fair geographical distribution and appropriate representation of the world’s principal legal systems;
(c) The office shall meet whenever necessary, but not less than once a year, and shall assist the association in carrying out its responsibilities.
4- The Assembly may establish any subsidiary bodies as required, including the establishment of an independent oversight mechanism for the purposes of inspection, evaluation and investigation of the affairs of the Court, in order to enhance the efficiency of the Court and reduce its expenses.
5- The President of the Court, the Public Prosecutor, the Registrar, or their representatives may participate, as appropriate, in the meetings of the Assembly and the Bureau.
6. The Assembly shall meet at the seat of the Court or at the United Nations Headquarters once a year, and shall hold extraordinary sessions as circumstances require. Extraordinary sessions shall be convened at the initiative of the Bureau or at the request of one-third of the States Parties, unless otherwise provided in this Statute.
7- Each State Party shall have one vote, and every effort shall be made to reach decisions by consensus in the Assembly and in the Bureau. If consensus cannot be reached, the following shall be done, unless the Statute provides otherwise:
(a) Decisions on substantive matters shall be taken by a two-thirds majority of those present and voting, provided that an absolute majority of States Parties constitutes the quorum for voting;
(b) Decisions relating to procedural matters shall be taken by a simple majority of the States Parties present and voting.
8. A State Party which is in arrears in the payment of its financial contributions to the costs of the Court shall not have the right to vote in the Assembly and in the Bureau if its arrears equal or exceed the amount of contributions due from it for the preceding two full years. However, the Assembly may permit such State Party to vote in the Assembly and in the Bureau if it is satisfied that the non-payment is due to reasons beyond the control of the State Party.
9- The association adopts its internal regulations.
10- The official and working languages of the Assembly shall be the official and working languages of the United Nations General Assembly.
Article 113: The Financial System
Unless otherwise specified, all financial matters relating to the Court, and the meetings of the Assembly of States Parties, including its Bureau and subsidiary bodies, shall be subject to this Statute and to the financial regulations and rules adopted by the Assembly of States Parties.
Article 114: Payment of Expenses
The expenses of the Court and the Assembly of States Parties, including its office and subsidiary bodies, are paid from the funds of the Court.
Article 115: Funds of the Court and the Assembly of States Parties
The expenses of the Court and the Assembly of States Parties, including its Bureau and subsidiary bodies, as defined in the budget decided by the Assembly of States Parties, are covered from the following sources:
(a) Contributions assessed by States Parties,
(b) Funds provided by the United Nations, subject to the approval of the General Assembly, particularly in relation to expenses incurred as a result of referrals from the Security Council.
Article 116: Donations
Without prejudice to the provisions of Article 115, the Court may receive and use donations made by governments, international organizations, individuals, corporations and other entities, as additional funds, in accordance with the relevant criteria adopted by the Assembly of States Parties.
Article 117: Subscription Report
The contributions of States Parties are decided in accordance with an agreed scale of assessed assessments, which is based on the scale adopted by the United Nations for its regular budgets and is adjusted in accordance with the principles on which that scale is based.
Article 118: Annual Audit of Accounts
The court's records, books, and accounts, including its annual financial statements, are reviewed annually by an independent auditor.
Article 119: Dispute Resolution
1- Any dispute relating to the judicial functions of the court shall be settled by a decision of the court.
2. Any other dispute between two or more States Parties concerning the interpretation or application of this Statute which is not settled by negotiation within three months of its occurrence shall be referred to the Assembly of States Parties. The Assembly may itself seek to settle the dispute or make recommendations on other means of settlement, including referral to the International Court of Justice in accordance with the Statute of that Court.
Article 120: Reservations
No reservations may be made to this Statute.
Article 121: Amendments
1- Seven years after the entry into force of this Statute, any State Party may propose amendments to it. The text of any proposed amendment shall be submitted to the Secretary-General of the United Nations, who shall immediately circulate it to all States Parties.
2. The next Assembly of States Parties shall decide, by a majority vote of those present and voting, whether to consider the proposal or not, no sooner than three months after the date of notification. The Assembly may consider the proposal directly or, if necessary, convene a special review conference.
3- A two-thirds majority of the States Parties is required to adopt any amendment on which consensus cannot be reached at a meeting of the States Parties or at a review conference.
4- Except in the cases provided for in paragraph 5, the amendment shall enter into force for all States Parties one year after the deposit of the instruments of ratification or acceptance with the Secretary-General of the United Nations by seven-eighths of them.
5. Any amendment to Article 5 of this Statute shall enter into force for those States Parties that accept the amendment one year after the deposit of their instruments of ratification or acceptance. In the case of a State Party that does not accept the amendment, the Court shall not exercise its jurisdiction with respect to an offense covered by the amendment when that offense is committed by nationals of that State or in its territory.
6- If an amendment is accepted by seven-eighths of the States Parties in accordance with paragraph 4, any State Party that has not accepted the amendment may withdraw from this Statute with immediate effect, notwithstanding paragraph 1 of Article 127 but subject to paragraph 2 of Article 127, by giving notice no later than one year after the entry into force of the amendment.
7- The Secretary-General of the United Nations shall circulate to all States Parties any amendment adopted at a meeting of the Assembly of States Parties or at a review conference.
Article 122: Amendments to provisions of an institutional nature
1. Any State Party may at any time, notwithstanding paragraph 1 of Article 121, propose amendments to the provisions of the Statute that are purely institutional in nature, namely Article 35, paragraphs 8 and 9 of Article 36, Articles 37 and 38, paragraphs 1 (first two sentences), 2 and 4 of Article 39, paragraphs 4 to 9 of Article 42, paragraphs 2 and 3 of Article 43, and Articles 44, 46, 47 and 49. The text of any proposed amendment shall be submitted to the Secretary-General of the United Nations or to any other person designated by the Assembly of States Parties, who shall immediately circulate it to all States Parties and to others participating in the Assembly.
2. Any amendments proposed under this article on which consensus cannot be reached shall be adopted by an Assembly of States Parties or a Review Conference, by a two-thirds majority of the States Parties. Such amendments shall enter into force for all States Parties six months after their adoption by the Assembly or the Conference, as the case may be.
Article 123: Review of the Statute
1- Seven years after the entry into force of this Statute, the Secretary-General of the United Nations shall convene a review conference of the States Parties to consider any amendments to this Statute. The review may include, but is not limited to, the list of crimes contained in Article 5. This conference shall be open to participants in the Assembly of States Parties under the same conditions.
2- The Secretary-General of the United Nations shall, at any subsequent time, convene a review conference, with the consent of a majority of the States Parties, at the request of any State Party and for the purposes specified in paragraph 1.
3- The provisions of paragraphs 3 to 7 of Article 121 shall apply to the adoption and entry into force of any amendment to the Statute that is considered during a review conference.
Article 124: Rule of Transfer
Notwithstanding the provisions of paragraph 1 of Article 12, a State, upon becoming a Party to this Statute, may declare that it does not accept the jurisdiction of the Court for a period of seven years from the entry into force of this Statute with respect to the category of crimes referred to in Article 8, if it is alleged that nationals of that State have committed one of those crimes or that the crime was committed in its territory. A declaration made under this article may be withdrawn at any time. The provisions of this article shall be reviewed at the Review Conference held pursuant to paragraph 1 of Article 123.
Article 125: Signature, ratification, acceptance, approval, or accession
1- This Statute shall be open for signature by all States in Rome, at the headquarters of the Food and Agriculture Organization of the United Nations, on 17 July 1998. It shall remain open for signature thereafter in Rome, at the Italian Ministry of Foreign Affairs, until 17 October 1998. After this date, it shall remain open for signature in New York, at the United Nations Headquarters, until 31 December 2000.
2. This Statute is subject to ratification, acceptance, or approval by the signatory States. Instruments of ratification, acceptance, or approval shall be deposited with the Secretary-General of the United Nations.
3- Accession to this Statute is open to all States, and the instruments of accession shall be deposited with the Secretary-General of the United Nations.
Article 126: Entry into Force
1- This Statute shall enter into force on the first day of the month following the sixtieth day after the date of deposit of the sixtieth instrument of ratification, acceptance, approval or accession with the Secretary-General of the United Nations.
2- For each State which ratifies, accepts, approves or accedes to the Statute after the deposit of the sixtieth instrument of ratification, acceptance, approval or accession, the Statute shall enter into force on the first day of the month following the sixtieth day after the date of deposit by that State of its instrument of ratification, acceptance, approval or accession.
Article 127: Withdrawal
1. Any State Party may withdraw from this Statute by giving written notification to the Secretary-General of the United Nations. Such withdrawal shall take effect one year after the date of receipt of the notification, unless the notification specifies a later date.
2. A State's withdrawal does not relieve it of its obligations arising from this Statute while it was a Party thereto, including any financial obligations that may be due from it. A State's withdrawal does not affect any cooperation with the Court in connection with investigations and criminal proceedings to which the withdrawing State had a duty of cooperation and which had commenced before the date on which the withdrawal became effective, nor does it affect the continuation of the Court's consideration of any matter already before the Court before the date on which the withdrawal became effective.
Article 128: The authority of texts
The original of this Statute, of which the Arabic, Chinese, English, Russian, Spanish and French texts are equally authentic, shall be deposited with the Secretary-General of the United Nations, and the Secretary-General shall send certified copies thereof to all States.
In witness whereof, the undersigned, duly authorized to do so by their respective governments, have signed this Statute.
Released in Rome on the seventeenth day of July 1998.
ليست هناك تعليقات:
إرسال تعليق