Conscious that all peoples are united by common bonds, their cultures pieced together in a shared heritage, and concerned that this delicate mosaic may be shattered at any time,
Mindful that during this century millions of children, women and men have been victims of unimaginable atrocities that deeply shock the conscience of humanity,
Recognizing that such grave crimes threaten the peace, security and well-being of the world,
Affirming that the most serious crimes of concern to the international community as a whole must not go unpunished and that their effective prosecution must be ensured by taking measures at the national level and by enhancing international cooperation,
Determined to put an end to impunity for the perpetrators of these crimes and thus to contribute to the prevention of such crimes,
Recalling that it is the duty of every State to exercise its criminal jurisdiction over those responsible for international crimes,
Reaffirming the Purposes and Principles of the Charter of the United Nations, and 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 other manner inconsistent with the Purposes of the United Nations,
Emphasizing in this connection that nothing in this Statute shall be taken as authorizing any State Party to intervene in an armed conflict or in the internal affairs of any State,
Determined to these ends and for the sake of present and future generations, to establish an independent permanent International Criminal Court in relationship with the United Nations system, with jurisdiction over the most serious crimes of concern to the international community as a whole,
Emphasizing that the International Criminal Court established under this Statute shall be complementary to national criminal jurisdictions,
Resolved to guarantee lasting respect for and the enforcement of international justice,
Have agreed as follows
2. The Court shall enter into a headquarters agreement with the host State, to be approved by the Assembly of States Parties and thereafter concluded by the President of the Court on its behalf.
3. The Court may sit elsewhere, whenever it considers it desirable, as provided in this Statute.
2. The Court may exercise its functions and powers, as
provided in this Statute, on the territory of any State Party and, by special
agreement, on the territory of any other State.
PART 2. JURISDICTION, ADMISSIBILITY AND APPLICABLE LAW
(a) The crime of genocide;
(c) War crimes;
(d) The crime of aggression.
(a) Killing members of the group;
(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
(d) Imposing measures intended to prevent births within the group;
(e) Forcibly transferring children of the group to
(d) Deportation or forcible transfer of population;
(e) Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law;
(g) Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity;
(h) Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender as defined in paragraph 3, or other grounds that are 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;
(j) The crime of apartheid;
(k) Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.
2. For the purpose of paragraph 1:
(c) "Enslavement" means the exercise of any or all of the powers attaching to the right of ownership over a person and includes the exercise of such power in the course of trafficking in persons, in particular women and children;
(d) "Deportation or forcible transfer of population" means forced displacement of the persons concerned by expulsion or other coercive acts from the area in which they are lawfully present, without grounds permitted under international law;
(e) "Torture" means the intentional infliction of severe pain or suffering, whether physical or mental, upon a person in the custody or under the control of the accused; except that torture shall not include pain or suffering arising only from, inherent in or incidental to, lawful sanctions;
(f) "Forced pregnancy" means the unlawful confinement of a woman forcibly made pregnant, with the intent of affecting the ethnic composition of any population or carrying out other grave violations of international law. This definition shall not in any way be interpreted as affecting national laws relating to pregnancy;
(g) "Persecution" means the intentional and severe deprivation of fundamental rights contrary to international law by reason of the identity of the group or collectivity;
(h) "The crime of apartheid" means inhumane acts of a character similar to those referred to in paragraph 1, committed in the context of an institutionalized regime of systematic oppression and domination by one racial group over any other racial group or groups and committed with the intention of maintaining that regime;
(i) "Enforced disappearance of persons" means the arrest, detention or abduction of persons by, or with the authorization, support or acquiescence of, a State or a political organization, followed by a refusal to acknowledge that deprivation of freedom or to give information on the fate or whereabouts of those persons, with the intention of removing them from the protection of the law for a prolonged period of time.
3. For the purpose of this Statute, it is understood
that the term "gender" refers to the two sexes, male and female, within the
context of society. The term "gender" does not indicate any meaning different
from the above.
1. The Court shall have jurisdiction in respect of war
crimes in particular when committed as part of a plan or policy or as part of a
large-scale commission of such crimes.
2. For the purpose of this Statute, "war crimes" means:
(iii) Wilfully causing great suffering, or serious injury to body or health;
(iv) Extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly;
(v) Compelling a prisoner of war or other protected person to serve in the forces of a hostile Power;
(vi) Wilfully depriving a prisoner of war or other protected person of the rights of fair and regular trial;
(vii) Unlawful deportation or transfer or unlawful confinement;
(viii) Taking of hostages.
(b) Other serious violations of the laws and customs
applicable in international armed conflict, within the established framework of
international law, namely, any of the following acts:
(iii) Intentionally directing attacks against personnel, installations, material, units or vehicles involved 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 given to civilians or civilian objects under the international law of armed conflict;
(iv) Intentionally launching an attack in the knowledge that such attack will cause incidental loss of life or injury to civilians or damage to civilian objects or widespread, long-term and severe damage to the natural environment which would be clearly excessive in relation to the concrete and direct overall military advantage anticipated;
(v) Attacking or bombarding, by whatever means, towns, villages, dwellings or buildings which are undefended and which are not military objectives;
(vi) Killing or wounding a combatant who, having laid down his arms or having no longer means of defence, has surrendered at discretion;
(vii) Making improper use of a flag of truce, of the flag or of the military insignia and uniform of the enemy or of the United Nations, as well as of the distinctive emblems of the Geneva Conventions, resulting in death or serious personal injury;
(viii) The transfer, directly or indirectly, by the Occupying Power of parts of its own civilian population into the territory it occupies, or the deportation or transfer of all or parts of the population of the occupied territory within or outside this territory;
(ix) Intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected, provided they are not military objectives;
(x) Subjecting persons who are in the power of an adverse party to physical mutilation or to medical or scientific experiments of any kind which are neither justified by the medical, dental or hospital treatment of the person concerned nor carried out in his or her interest, and which cause death to or seriously endanger the health of such person or persons;
(xi) Killing or wounding treacherously individuals belonging to the hostile nation or army;
(xii) Declaring that no quarter will be given;
(xiii) Destroying or seizing the enemy's property unless such destruction or seizure be imperatively demanded by the necessities of war;
(xiv) Declaring abolished, suspended or inadmissible in a court of law the rights and actions of the nationals of the hostile party;
(xv) Compelling the nationals of the hostile party to take part in the operations of war directed against their own country, even if they were in the belligerent's service before the commencement of the war;
(xvi) Pillaging a town or place, even when taken by assault;
(xvii) Employing poison or poisoned weapons;
(xviii) Employing asphyxiating, poisonous or other gases, and all analogous liquids, materials or devices;
(xix) Employing bullets which expand or flatten easily in the human body, such as bullets with a hard envelope which does not entirely cover the core or is pierced with incisions;
(xx) Employing weapons, projectiles and material and methods of warfare which are of a nature to cause superfluous injury or unnecessary suffering or which are inherently indiscriminate in violation of the international law of armed conflict, provided that such weapons, projectiles and material and methods of warfare are the subject of a comprehensive prohibition and are included in an annex to this Statute, by an amendment in accordance with the relevant provisions set forth in articles 121 and 123;
(xxi) Committing outrages upon personal dignity, in particular humiliating and degrading treatment;
(xxii) Committing rape, sexual slavery, enforced prostitution, forced pregnancy, as defined in article 7, paragraph 2 (f), enforced sterilization, or any other form of sexual violence also constituting a grave breach of the Geneva Conventions;
(xxiii) Utilizing the presence of a civilian or other protected person to render certain points, areas or military forces immune from military operations;
(xxiv) Intentionally directing attacks against buildings, material, medical units and transport, and personnel using the distinctive emblems of the Geneva Conventions in conformity with international law;
(xxv) Intentionally using starvation of civilians as a method of warfare by depriving them of objects indispensable to their survival, including wilfully impeding relief supplies as provided for under the Geneva Conventions;
(xxvi) Conscripting or enlisting children under the age
of fifteen years into the national armed forces or using them to participate
actively in hostilities.
(c) In the case of an armed conflict not of an
international character, serious violations of article 3 common to the four
Geneva Conventions of 12 August 1949, namely, any of the following acts
committed against persons taking no active part in the hostilities, including
members of armed forces who have laid down their arms and those placed hors de
combat by sickness, wounds, detention or any other cause:
(i) Violence to life and person, in particular murder of
all kinds, mutilation, cruel treatment and torture;
(iii) Taking of hostages;
(iv) The passing of sentences and the carrying out of
executions without previous judgement pronounced by a regularly constituted
court, affording all judicial guarantees which are generally recognized as
(d) Paragraph 2 (c) applies to armed conflicts not of an
international character and thus does not apply to situations of internal
disturbances and tensions, such as riots, isolated and sporadic acts of violence
or other acts of a similar nature.
(i) Intentionally directing attacks against the civilian
population as such or against individual civilians not taking direct part in
(iii) Intentionally directing attacks against personnel, installations, material, units or vehicles involved 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 given to civilians or civilian objects under the international law of armed conflict;
(iv) Intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected, provided they are not military objectives;
(v) Pillaging a town or place, even when taken by assault;
(vi) Committing rape, sexual slavery, enforced prostitution, forced pregnancy, as defined in article 7, paragraph 2 (f), enforced sterilization, and any other form of sexual violence also constituting a serious violation of article 3 common to the four Geneva Conventions;
(vii) Conscripting or enlisting children under the age of fifteen years into armed forces or groups or using them to participate actively in hostilities;
(viii) Ordering the displacement of the civilian population for reasons related to the conflict, unless the security of the civilians involved or imperative military reasons so demand;
(ix) Killing or wounding treacherously a combatant adversary;
(x) Declaring that no quarter will be given;
(xi) Subjecting persons who are in the power of another party to the conflict to physical mutilation or to medical or scientific experiments of any kind which are neither justified by the medical, dental or hospital treatment of the person concerned nor carried out in his or her interest, and which cause death to or seriously endanger the health of such person or persons;
(xii) Destroying or seizing the property of an adversary
unless such destruction or seizure be imperatively demanded by the necessities
of the conflict;
(f) Paragraph 2 (e) applies to armed conflicts not of an
international character and thus does not apply to situations of internal
disturbances and tensions, such as riots, isolated and sporadic acts of violence
or other acts of a similar nature. It applies to armed conflicts that take place
in the territory of a State when there is protracted armed conflict between
governmental authorities and organized armed groups or between such groups.
1. Elements of Crimes shall assist the Court in the
interpretation and application of articles 6, 7 and 8. They shall be adopted by
a two-thirds majority of the members of the Assembly of States Parties.
(a) Any State Party;
(c) The Prosecutor.
Such amendments shall be adopted by a two-thirds
majority of the members of the Assembly of States Parties.
3. The Elements of Crimes and amendments thereto shall
be consistent with this Statute.
Nothing in this Part shall be interpreted as limiting or
prejudicing in any way existing or developing rules of international law for
purposes other than this Statute.
1. The Court has jurisdiction only with respect 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 that State has made a declaration under article 12, paragraph 3.
1. A State which becomes a Party to this Statute thereby
accepts the jurisdiction of the Court with respect to the crimes referred to in
2. In the case of article 13, paragraph (a) or (c), 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:
3. If the acceptance of a State which is not a Party to
this Statute is required under paragraph 2, that State may, by declaration
lodged with the Registrar, accept the exercise of jurisdiction by the Court with
respect to the crime in question. The accepting State shall cooperate with the
Court without any delay or exception in accordance with Part 9.
The Court may exercise its jurisdiction with respect to
a crime referred to in article 5 in accordance with the provisions of this
(c) The Prosecutor has initiated an investigation in respect of such a crime in accordance with article 15.
1. A State Party may refer to the Prosecutor a situation
in which one or more crimes within the jurisdiction of the Court appear to have
been committed requesting the Prosecutor to investigate the situation for the
purpose of determining whether one or more specific persons should be charged
with the commission of such crimes.
2. As far as possible, a referral shall specify the
relevant circumstances and be accompanied by such supporting documentation as is
available to the State referring the situation.
2. The Prosecutor shall analyse the seriousness of the
information received. For this purpose, he or she may seek additional
information from States, organs of the United Nations, intergovernmental or
non-governmental organizations, or other reliable sources that he or she deems
appropriate, and 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 or she shall submit to the
Pre-Trial Chamber a request for authorization of an investigation, together with
any supporting material collected. Victims may make representations to the
Pre-Trial Chamber, in accordance with the Rules of Procedure and Evidence.
4. If the Pre-Trial Chamber, upon examination of the
request and the supporting material, considers 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 subsequent determinations by the Court with
regard to the jurisdiction and admissibility of a case.
5. The refusal of the Pre-Trial Chamber to authorize the
investigation shall not preclude the presentation of a subsequent request by the
Prosecutor based on new facts or evidence regarding the same situation.
6. If, after the preliminary examination referred to in
paragraphs 1 and 2, the Prosecutor concludes that the information provided does
not constitute a reasonable basis for an investigation, he or she shall inform
those who provided the information. This shall not preclude the Prosecutor from
considering further information submitted to him or her regarding the same
situation in the light of new facts or evidence.
No investigation or prosecution may be commenced or
proceeded with under this Statute for a period of 12 months after the Security
Council, in a resolution adopted under Chapter VII of the Charter of the United
Nations, has requested the Court to that effect; that request may be renewed by
the Council under the same conditions.
1. Having regard to paragraph 10 of the Preamble and
article 1, the Court shall determine that a case is inadmissible where:
(c) The person concerned has already been tried for conduct which is the subject of the complaint, and a trial by the Court is not permitted under article 20, paragraph 3;
(d) The case is not of sufficient gravity to justify further action by the Court.
2. In order to determine unwillingness in a particular
case, the Court shall consider, having regard to the principles of due process
recognized by international law, whether one or more of the following exist, as
(c) The proceedings were not or are not being conducted independently or impartially, and they were or are being conducted in a manner which, in the circumstances, is inconsistent with an intent to bring the person concerned to justice.
3. In order to determine inability in a particular case,
the Court shall consider whether, due to a total or substantial collapse or
unavailability of its national judicial system, the State is unable to obtain
the accused or the necessary evidence and testimony or otherwise unable to carry
out its proceedings.
1. When a situation has been referred to the Court
pursuant to article 13 (a) and the Prosecutor has determined that there would be
a reasonable basis to commence an investigation, or the Prosecutor initiates an
investigation pursuant to articles 13 (c) and 15, the Prosecutor shall notify
all States Parties and those States which, taking into account the information
available, would normally exercise jurisdiction over the crimes concerned. The
Prosecutor may notify such States on a confidential basis and, where the
Prosecutor believes it necessary to protect persons, prevent destruction of
evidence or prevent the absconding of persons, may limit the scope of the
information provided to States.
3. The Prosecutor's deferral to a State's investigation
shall be open to review by the Prosecutor six months after the date of deferral
or at any time when there has been a significant change of circumstances based
on the State's unwillingness or inability genuinely to carry out the
4. The State concerned or the Prosecutor may appeal to
the Appeals Chamber against a ruling of the Pre-Trial Chamber, in accordance
with article 82. The appeal may be heard on an expedited basis.
5. When the Prosecutor has deferred an investigation in
accordance with paragraph 2, the Prosecutor may request that the State concerned
periodically inform the Prosecutor of the progress of its investigations and any
subsequent prosecutions. States Parties shall respond to such requests without
6. Pending a ruling by the Pre-Trial Chamber, or at any
time when the Prosecutor has deferred an investigation under this article, the
Prosecutor may, on an exceptional basis, seek authority from the Pre-Trial
Chamber to pursue necessary investigative steps for the purpose of preserving
evidence where there is a unique opportunity to obtain important evidence or
there is a significant risk that such evidence may not be subsequently
7. A State which has challenged a ruling of the
Pre-Trial Chamber under this article may challenge the admissibility of a case
under article 19 on the grounds of additional significant facts or significant
change of circumstances.
1. The Court shall satisfy itself that it has
jurisdiction in any case brought before it. The Court may, on its own motion,
determine the admissibility of a case in accordance with article 17.
2. Challenges to the admissibility of a case on the
grounds referred to in article 17 or challenges to the jurisdiction of the Court
may be made by:
(c) A State from which acceptance of jurisdiction is required under article 12.
3. The Prosecutor may seek a ruling from the Court
regarding a question of jurisdiction or admissibility. In proceedings with
respect to jurisdiction or admissibility, those who have referred the situation
under article 13, as well as victims, may also submit observations to the Court.
4. The admissibility of a case or the jurisdiction of
the Court may be challenged only once by any person or State referred to in
paragraph 2. The challenge shall take place prior to or at the commencement of
the trial. In exceptional circumstances, the Court may grant leave for a
challenge to be brought more than once or at a time later than the commencement
of the trial. Challenges to the admissibility of a case, at the commencement of
a trial, or subsequently with the leave of the Court, may be based only on
article 17, paragraph 1 (c).
5. A State referred to in paragraph 2 (b) and (c) shall
make a challenge at the earliest opportunity.
6. Prior to the confirmation of the charges, challenges
to the admissibility of a case or challenges to the jurisdiction of the Court
shall be referred to the Pre-Trial Chamber. After confirmation of the charges,
they shall be referred to the Trial Chamber. Decisions with respect to
jurisdiction or admissibility may be appealed to the Appeals Chamber in
accordance with article 82.
7. If a challenge is made by a State referred to in
paragraph 2 (b) or (c), the Prosecutor shall suspend the investigation until
such time as the Court makes a determination in accordance with article 17.
8. Pending a ruling by the Court, the Prosecutor may
seek authority from the Court:
(c) In cooperation with the relevant States, to prevent the absconding of persons in respect of whom the Prosecutor has already requested a warrant of arrest under article 58.
9. The making of a challenge shall not affect the
validity of any act performed by the Prosecutor or any order or warrant issued
by the Court prior to the making of the challenge.
10. If the Court has decided that a case is inadmissible
under article 17, the Prosecutor may submit a request for a review of the
decision when he or she is fully satisfied that new facts have arisen which
negate the basis on which the case had previously been found inadmissible under
11. If the Prosecutor, having regard to the matters
referred to in article 17, defers an investigation, the Prosecutor may request
that the relevant State make available to the Prosecutor information on the
proceedings. That information shall, at the request of the State concerned, be
confidential. If the Prosecutor thereafter decides to proceed with an
investigation, he or she shall notify the State to which deferral of the
proceedings has taken place.
1. Except as provided in this Statute, no person shall
be tried before the Court with respect to conduct which formed the basis of
crimes for which the person has been convicted or acquitted by the Court.
3. No person who has been tried by another court for conduct also proscribed under article 6, 7 or 8 shall be tried by the Court with respect to the same conduct unless the proceedings in the other court:
(a) Were for the purpose of shielding the person
concerned from criminal responsibility for crimes within the jurisdiction of the
1. The Court shall apply:
(c) Failing that, general principles of law derived by the Court from national laws of legal systems of the world including, as appropriate, the national laws of States that would normally exercise jurisdiction over the crime, provided that those principles are not inconsistent with this Statute and with international law and internationally recognized norms and standards.
2. The Court may apply principles and rules of law as
interpreted in its previous decisions.
3. The application and interpretation of law pursuant to
this article must be consistent with internationally recognized human rights,
and be without any adverse distinction founded on grounds such as gender as
defined in article 7, paragraph 3, age, race, colour, language, religion or
belief, political or other opinion, national, ethnic or social origin, wealth,
birth or other status.
PART 3. GENERAL PRINCIPLES OF CRIMINAL LAW
2. The definition of a crime shall be strictly construed and shall not be extended by analogy. In case of ambiguity, the definition shall be interpreted in favour of the person being investigated, prosecuted or convicted.
3. This article shall not affect the characterization of any conduct as criminal under international law independently of this Statute.
2. In the event of a change in the law applicable to a
given case prior to a final judgement, the law more favourable to the person
being investigated, prosecuted or convicted shall apply.
2. A person who commits a crime within the jurisdiction
of the Court shall be individually responsible and liable for punishment in
accordance with this Statute.
3. In accordance with this Statute, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court if that person:
(a) Commits such a crime, whether as an individual,
jointly with another or through another person, regardless of whether that other
person is criminally responsible;
(c) For the purpose of facilitating the commission of such a crime, aids, abets or otherwise assists in its commission or its attempted commission, including providing the means for its commission;
(d) In any other way contributes to the commission or attempted commission of such a crime by a group of persons acting with a common purpose. Such contribution shall be intentional and shall either:
(i) Be made with the aim of furthering the criminal
activity or criminal purpose of the group, where such activity or purpose
involves the commission of a crime within the jurisdiction of the Court; or
(e) In respect of the crime of genocide, directly and
publicly incites others to commit genocide;
4. No provision in this Statute relating to individual
criminal responsibility shall affect the responsibility of States under
2. Immunities or special procedural rules which may
attach to the official capacity of a person, whether under national or
international law, shall not bar the Court from exercising its jurisdiction over
such a person.
(a) A military commander or person effectively acting as
a military commander shall be criminally responsible for crimes within the
jurisdiction of the Court committed by forces under his or her effective command
and control, or effective authority and control as the case may be, as a result
of his or her failure to exercise control properly over such forces, where:
(i) That military commander or person either knew or,
owing to the circumstances at the time, should have known that the forces were
committing or about to commit such crimes; and
(b) With respect to superior and subordinate
relationships not described in paragraph (a), a superior shall be criminally
responsible for crimes within the jurisdiction of the Court committed by
subordinates under his or her effective authority and control, as a result of
his or her failure to exercise control properly over such subordinates, where:
(i) The superior either knew, or consciously disregarded
information which clearly indicated, that the subordinates were committing or
about to commit such crimes;
(iii) The superior failed to take all necessary and reasonable measures within his or her power to prevent or repress their commission or to submit the matter to the competent authorities for investigation and prosecution.
2. For the purposes of this article, a person has intent where:
(a) In relation to conduct, that person means to engage
in the conduct;
3. For the purposes of this article, "knowledge" means
awareness that a circumstance exists or a consequence will occur in the ordinary
course of events. "Know" and "knowingly" shall be construed accordingly.
(a) The person suffers from a mental disease or defect
that destroys that person's capacity to appreciate the unlawfulness or nature of
his or her conduct, or capacity to control his or her conduct to conform to the
requirements of law;
(c) The person acts reasonably to defend himself or herself or another person or, in the case of war crimes, property which is essential for the survival of the person or another person or property which is essential for accomplishing a military mission, against an imminent and unlawful use of force in a manner proportionate to the degree of danger to the person or the other person or property protected. The fact that the person was involved in a defensive operation conducted by forces shall not in itself constitute a ground for excluding criminal responsibility under this subparagraph;
(d) The conduct which is alleged to constitute a crime within the jurisdiction of the Court has been caused by duress resulting from a threat of imminent death or of continuing or imminent serious bodily harm against that person or another person, and the person acts necessarily and reasonably to avoid this threat, provided that the person does not intend to cause a greater harm than the one sought to be avoided. Such a threat may either be:
(i) Made by other persons; or
2. The Court shall determine the applicability of the
grounds for excluding criminal responsibility provided for in this Statute to
the case before it.
3. At trial, the Court may consider a ground for
excluding criminal responsibility other than those referred to in paragraph 1
where such a ground is derived from applicable law as set forth in article 21.
The procedures relating to the consideration of such a ground shall be provided
for in the Rules of Procedure and Evidence.
2. A mistake of law as to whether a particular type of
conduct is a crime within the jurisdiction of the Court shall not be a ground
for excluding criminal responsibility. A mistake of law may, however, be a
ground for excluding criminal responsibility if it negates the mental element
required by such a crime, or as provided for in article 33.
(a) The person was under a legal obligation to obey
orders of the Government or the superior in question;
(c) The order was not manifestly unlawful.
2. For the purposes of this article, orders to commit
genocide or crimes against humanity are manifestly unlawful.
PART 4. COMPOSITION AND ADMINISTRATION OF THE COURT
(a) The Presidency;
(c) The Office of the Prosecutor;
(d) The Registry.
2. The judges composing the Presidency shall serve on a
full-time basis as soon as they are elected.
3. The Presidency may, on the basis of the workload of
the Court and in consultation with its members, decide from time to time to what
extent the remaining judges shall be required to serve on a full-time basis. Any
such arrangement shall be without prejudice to the provisions of article 40.
4. The financial arrangements for judges not required to
serve on a full-time basis shall be made in accordance with article 49.
2. (a) The Presidency, acting on behalf of the Court,
may propose an increase in the number of judges specified in paragraph 1,
indicating the reasons why this is considered necessary and appropriate. The
Registrar shall promptly circulate any such proposal to all States Parties.
(b) Any such proposal shall then be considered at a meeting of the Assembly of States Parties to be convened in accordance with article 112. The proposal shall be considered adopted if approved at the meeting by a vote of two thirds of the members of the Assembly of States Parties and shall enter into force at such time as decided by the Assembly of States Parties.
(c) (i) Once a proposal for an increase in the number of judges has been adopted under subparagraph (b), the election of the additional judges shall take place at the next session of the Assembly of States Parties in accordance with paragraphs 3 to 8, and article 37, paragraph 2;
(ii) Once a proposal for an increase in the number of judges has been adopted and brought into effect under subparagraphs (b) and (c) (i), it shall be open to the Presidency at any time thereafter, if the workload of the Court justifies it, to propose a reduction in the number of judges, provided that the number of judges shall not be reduced below that specified in paragraph 1. The proposal shall be dealt with in accordance with the procedure laid down in subparagraphs (a) and (b). In the event that the proposal is adopted, the number of judges shall be progressively decreased as the terms of office of serving judges expire, until the necessary number has been reached.
3. (a) The judges shall be chosen from among persons of high moral character, impartiality and integrity who possess the qualifications required in their respective States for appointment to the highest judicial offices.
(b) Every candidate for election to the Court shall:
(i) Have established competence in criminal law and
procedure, and the necessary relevant experience, whether as judge, prosecutor,
advocate or in other similar capacity, in criminal proceedings; or
(c) Every candidate for election to the Court shall have
an excellent knowledge of and be fluent in at least one of the working languages
of the Court.
4. (a) Nominations of candidates for election to the
Court may be made by any State Party to this Statute, and shall be made either:
Nominations shall be accompanied by a statement in the
necessary detail specifying how the candidate fulfils the requirements of
(b) Each State Party may put forward one candidate for
any given election who need not necessarily be a national of that State Party
but shall in any case be a national of a State Party.
(c) The Assembly of States Parties may decide to
establish, if appropriate, an Advisory Committee on nominations. In that event,
the Committee's composition and mandate shall be established by the Assembly of
5. For the purposes of the election, there shall be two
lists of candidates:
List B containing the names of candidates with the
qualifications specified in paragraph 3 (b) (ii).
6. (a) The judges shall be elected by secret ballot at a
meeting of the Assembly of States Parties convened for that purpose under
article 112. Subject to paragraph 7, the persons elected to the Court shall be
the 18 candidates who obtain the highest number of votes and a two-thirds
majority of the States Parties present and voting.
(b) In the event that a sufficient number of judges is
not elected on the first ballot, successive ballots shall be held in accordance
with the procedures laid down in subparagraph (a) until the remaining places
have been filled.
7. No two judges may be nationals of the same State. A
person who, for the purposes of membership of the Court, could be regarded as a
national of more than one State shall be deemed to be a national of the State in
which that person ordinarily exercises civil and political rights.
8. (a) The States Parties shall, in the selection of
judges, take into account the need, within the membership of the Court, for:
(iii) A fair representation of female and male judges.
(b) States Parties shall also take into account the need
to include judges with legal expertise on specific issues, including, but not
limited to, violence against women or children.
9. (a) Subject to subparagraph (b), judges shall hold
office for a term of nine years and, subject to subparagraph (c) and to article
37, paragraph 2, shall not be eligible for re-election.
(b) At the first election, one third of the judges
elected shall be selected by lot to serve for a term of three years; one third
of the judges elected shall be selected by lot to serve for a term of six years;
and the remainder shall serve for a term of nine years.
(c) A judge who is selected to serve for a term of three
years under subparagraph (b) shall be eligible for re-election for a full term.
10. Notwithstanding paragraph 9, a judge assigned to a
Trial or Appeals Chamber in accordance with article 39 shall continue in office
to complete any trial or appeal the hearing of which has already commenced
before that Chamber.
2. A judge elected to fill a vacancy shall serve for the
remainder of the predecessor's term and, if that period is three years or less,
shall be eligible for re-election for a full term under article 36.
2. The First Vice-President shall act in place of the
President in the event that the President is unavailable or disqualified. The
Second Vice-President shall act in place of the President in the event that both
the President and the First Vice-President are unavailable or disqualified.
3. The President, together with the First and Second
Vice-Presidents, shall constitute the Presidency, which shall be responsible
(a) The proper administration of the Court, with the
exception of the Office of the Prosecutor; and
(b) The other functions conferred upon it in accordance
with this Statute.
4. In discharging its responsibility under paragraph 3
(a), the Presidency shall coordinate with and seek the concurrence of the
Prosecutor on all matters of mutual concern.
2. (a) The judicial functions of the Court shall be
carried out in each division by Chambers.
(b) (i) The Appeals Chamber shall be composed of all the judges of the Appeals Division;
(ii) The functions of the Trial Chamber shall be carried out by three judges of the Trial Division;
(iii) The functions of the Pre-Trial Chamber shall be
carried out either by three judges of the Pre-Trial Division or by a single
judge of that division in accordance with this Statute and the Rules of
Procedure and Evidence;
(c) Nothing in this paragraph shall preclude the
simultaneous constitution of more than one Trial Chamber or Pre-Trial Chamber
when the efficient management of the Court's workload so requires.
3. (a) Judges assigned to the Trial and Pre-Trial
Divisions shall serve in those divisions for a period of three years, and
thereafter until the completion of any case the hearing of which has already
commenced in the division concerned.
(b) Judges assigned to the Appeals Division shall serve
in that division for their entire term of office.
4. Judges assigned to the Appeals Division shall serve
only in that division. Nothing in this article shall, however, preclude the
temporary attachment of judges from the Trial Division to the Pre-Trial Division
or vice versa, if the Presidency considers that the efficient management of the
Court's workload so requires, provided that under no circumstances shall a judge
who has participated in the pre-trial phase of a case be eligible to sit on the
Trial Chamber hearing that case.
2. Judges shall not engage in any activity which is
likely to interfere with their judicial functions or to affect confidence in
3. Judges required to serve on a full-time basis at the
seat of the Court shall not engage in any other occupation of a professional
4. Any question regarding the application of paragraphs
2 and 3 shall be decided by an absolute majority of the judges. Where any such
question concerns an individual judge, that judge shall not take part in the
2. (a) A judge shall not participate in any case in
which his or her impartiality might reasonably be doubted on any ground. A judge
shall be disqualified from a case in accordance with this paragraph if, inter
alia, that judge has previously been involved in any capacity in that case
before the Court or in a related criminal case at the national level involving
the person being investigated or prosecuted. A judge shall also be disqualified
on such other grounds as may be provided for in the Rules of Procedure and
(b) The Prosecutor or the person being investigated or
prosecuted may request the disqualification of a judge under this paragraph.
(c) Any question as to the disqualification of a judge
shall be decided by an absolute majority of the judges. The challenged judge
shall be entitled to present his or her comments on the matter, but shall not
take part in the decision.
2. The Office shall be headed by the Prosecutor. The
Prosecutor shall have full authority over the management and administration of
the Office, including the staff, facilities and other resources thereof. The
Prosecutor shall be assisted by one or more Deputy Prosecutors, who shall be
entitled to carry out any of the acts required of the Prosecutor under this
Statute. The Prosecutor and the Deputy Prosecutors shall be of different
nationalities. They shall serve on a full-time basis.
3. The Prosecutor and the Deputy Prosecutors shall be
persons of high moral character, be highly competent in and have extensive
practical experience in the prosecution or trial of criminal cases. They shall
have an excellent knowledge of and be fluent in at least one of the working
languages of the Court.
4. The Prosecutor shall be elected by secret ballot by
an absolute majority of the members of the Assembly of States Parties. The
Deputy Prosecutors shall be elected in the same way from a list of candidates
provided by the Prosecutor. The Prosecutor shall nominate three candidates for
each position of Deputy Prosecutor to be filled. Unless a shorter term is
decided upon at the time of their election, the Prosecutor and the Deputy
Prosecutors shall hold office for a term of nine years and shall not be eligible
5. Neither the Prosecutor nor a Deputy Prosecutor shall
engage in any activity which is likely to interfere with his or her
prosecutorial functions or to affect confidence in his or her independence. They
shall not engage in any other occupation of a professional nature.
6. The Presidency may excuse the Prosecutor or a Deputy
Prosecutor, at his or her request, from acting in a particular case.
7. Neither the Prosecutor nor a Deputy Prosecutor shall
participate in any matter in which their impartiality might reasonably be
doubted on any ground. They shall be disqualified from a case in accordance with
this paragraph if, inter alia, they have previously been involved in any
capacity in that case before the Court or in a related criminal case at the
national level involving the person being investigated or prosecuted.
8. Any question as to the disqualification of the Prosecutor or a Deputy Prosecutor shall be decided by the Appeals Chamber.
(a) The person being investigated or prosecuted may at
any time request the disqualification of the Prosecutor or a Deputy Prosecutor
on the grounds set out in this article;
9. The Prosecutor shall appoint advisers with legal
expertise on specific issues, including, but not limited to, sexual and gender
violence and violence against children.
2. The Registry shall be headed by the Registrar, who
shall be the principal administrative officer of the Court. The Registrar shall
exercise his or her functions under the authority of the President of the Court.
3. The Registrar and the Deputy Registrar shall be
persons of high moral character, be highly competent and have an excellent
knowledge of and be fluent in at least one of the working languages of the
4. The judges shall elect the Registrar by an absolute
majority by secret ballot, taking into account any recommendation by the
Assembly of States Parties. If the need arises and upon the recommendation of
the Registrar, the judges shall elect, in the same manner, a Deputy Registrar.
5. The Registrar shall hold office for a term of five
years, shall be eligible for re-election once and shall serve on a full-time
basis. The Deputy Registrar shall hold office for a term of five years or such
shorter term as may be decided upon by an absolute majority of the judges, and
may be elected on the basis that the Deputy Registrar shall be called upon to
serve as required.
6. The Registrar shall set up a Victims and Witnesses
Unit within the Registry. This Unit shall provide, in consultation with the
Office of the Prosecutor, protective measures and security arrangements,
counselling and other appropriate assistance for witnesses, victims who appear
before the Court, and others who are at risk on account of testimony given by
such witnesses. The Unit shall include staff with expertise in trauma, including
trauma related to crimes of sexual violence.
2. In the employment of staff, the Prosecutor and the
Registrar shall ensure the highest standards of efficiency, competency and
integrity, and shall have regard, mutatis mutandis, to the criteria set forth in
article 36, paragraph 8.
3. The Registrar, with the agreement of the Presidency
and the Prosecutor, shall propose Staff Regulations which include the terms and
conditions upon which the staff of the Court shall be appointed, remunerated and
dismissed. The Staff Regulations shall be approved by the Assembly of States
4. The Court may, in exceptional circumstances, employ
the expertise of gratis personnel offered by States Parties, intergovernmental
organizations or non-governmental organizations to assist with the work of any
of the organs of the Court. The Prosecutor may accept any such offer on behalf
of the Office of the Prosecutor. Such gratis personnel shall be employed in
accordance with guidelines to be established by the Assembly of States Parties.
(a) Is found to have committed serious misconduct or a
serious breach of his or her duties under this Statute, as provided for in the
Rules of Procedure and Evidence; or
2. A decision as to the removal from office of a judge,
the Prosecutor or a Deputy Prosecutor under paragraph 1 shall be made by the
Assembly of States Parties, by secret ballot:
(c) In the case of a Deputy Prosecutor, by an absolute majority of the States Parties upon the recommendation of the Prosecutor.
3. A decision as to the removal from office of the
Registrar or Deputy Registrar shall be made by an absolute majority of the
4. A judge, Prosecutor, Deputy Prosecutor, Registrar or
Deputy Registrar whose conduct or ability to exercise the functions of the
office as required by this Statute is challenged under this article shall have
full opportunity to present and receive evidence and to make submissions in
accordance with the Rules of Procedure and Evidence. The person in question
shall not otherwise participate in the consideration of the matter.
2. The judges, the Prosecutor, the Deputy Prosecutors
and the Registrar shall, when engaged on or with respect to the business of the
Court, enjoy the same privileges and immunities as are accorded to heads of
diplomatic missions and shall, after the expiry of their terms of office,
continue to be accorded immunity from legal process of every kind in respect of
words spoken or written and acts performed by them in their official capacity.
3. The Deputy Registrar, the staff of the Office of the
Prosecutor and the staff of the Registry shall enjoy the privileges and
immunities and facilities necessary for the performance of their functions, in
accordance with the agreement on the privileges and immunities of the Court.
4. Counsel, experts, witnesses or any other person
required to be present at the seat of the Court shall be accorded such treatment
as is necessary for the proper functioning of the Court, in accordance with the
agreement on the privileges and immunities of the Court.
5. The privileges and immunities of:
(a) A judge or the Prosecutor may be waived by an
absolute majority of the judges;
(c) The Deputy Prosecutors and staff of the Office of the Prosecutor may be waived by the Prosecutor;
(d) The Deputy Registrar and staff of the Registry may be waived by the Registrar.
2. The working languages of the Court shall be English
and French. The Rules of Procedure and Evidence shall determine the cases in
which other official languages may be used as working languages.
3. At the request of any party to a proceeding or a
State allowed to intervene in a proceeding, the Court shall authorize a language
other than English or French to be used by such a party or State, provided that
the Court considers such authorization to be adequately justified.
2. Amendments to the Rules of Procedure and Evidence may be proposed by:
(a) Any State Party;
(c) The Prosecutor.
Such amendments shall enter into force upon 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
Evidence, in urgent cases where the Rules do not provide for a specific
situation before the Court, the judges may, by a two-thirds majority, draw up
provisional Rules to be applied until adopted, amended or rejected at the next
ordinary or special session of the Assembly of States Parties.
4. The Rules of Procedure and Evidence, amendments
thereto and any provisional Rule shall be consistent with this Statute.
Amendments to the Rules of Procedure and Evidence as well as provisional Rules
shall not be applied retroactively to the detriment of the person who is being
investigated or prosecuted or who has been convicted.
5. In the event of conflict between the Statute and the
Rules of Procedure and Evidence, the Statute shall prevail.
2. The Prosecutor and the Registrar shall be consulted
in the elaboration of the Regulations and any amendments thereto.
3. The Regulations and any amendments thereto shall take
effect upon adoption unless otherwise decided by the judges. Immediately upon
adoption, they shall be circulated to States Parties for comments. If within six
months there are no objections from a majority of States Parties, they shall
remain in force.
PART 5. INVESTIGATION AND PROSECUTION
(a) 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;
(c) Taking into account the gravity of the crime and the interests of victims, there are nonetheless substantial reasons to believe that an investigation would not serve the interests of justice.
If the Prosecutor determines that there is no reasonable
basis to proceed and his or her determination is based solely on subparagraph
(c) above, he or she shall inform the Pre-Trial Chamber.
2. If, upon investigation, the Prosecutor concludes that
there is not a sufficient basis for a prosecution because:
(c) A prosecution is not in the interests of justice, taking into account all the circumstances, including the gravity of the crime, the interests of victims and the age or infirmity of the alleged perpetrator, and his or her role in the alleged crime;
the Prosecutor shall inform the Pre-Trial Chamber and
the State making a referral under article 14 or the Security Council in a case
under article 13, paragraph (b), of his or her conclusion and the reasons for
(b) In addition, the Pre-Trial Chamber may, on its own
initiative, review a decision of the Prosecutor not to proceed if it is based
solely on paragraph 1 (c) or 2 (c). In such a case, the decision of the
Prosecutor shall be effective only if confirmed by the Pre-Trial Chamber.
4. The Prosecutor may, at any time, reconsider a
decision whether to initiate an investigation or prosecution based on new facts
1. The Prosecutor shall:
(c) Fully respect the rights of persons arising under this Statute.
2. The Prosecutor may conduct investigations on the
territory of a State:
3. The Prosecutor may:
(c) Seek the cooperation of any State or intergovernmental organization or arrangement in accordance with its respective competence and/or mandate;
(d) Enter into such arrangements or agreements, not inconsistent with this Statute, as may be necessary to facilitate the cooperation of a State, intergovernmental organization or person;
(e) Agree not to disclose, at any stage of the proceedings, documents or information that the Prosecutor obtains on the condition of confidentiality and solely for the purpose of generating new evidence, unless the provider of the information consents; and
(f) Take necessary measures, or request that necessary measures be taken, to ensure the confidentiality of information, the protection of any person or the preservation of evidence.
1. In respect of an investigation under this Statute, a
(c) Shall, if questioned in a language other than a language the person fully understands and speaks, have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness; and
(d) Shall not be subjected to arbitrary arrest or detention, and shall not be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in this 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 about
to be questioned either by the Prosecutor, or by national authorities pursuant
to a request made under Part 9, that person shall also have the following rights
of which he or she shall be informed prior to being questioned:
(c) To have legal assistance of the person's choosing, or, if the person does not have legal assistance, to have legal assistance assigned to him or her, in any case where the interests of justice so require, and without payment by the person in any such case if the person does not have sufficient means to pay for it; and
(d) To be questioned in the presence of counsel unless the person has voluntarily waived his or her right to counsel.
1. (a) Where the Prosecutor considers an investigation
to present a unique opportunity to take testimony or a statement from a witness
or to examine, collect or test evidence, which may not be available subsequently
for the purposes of a trial, the Prosecutor shall so inform the Pre-Trial
(b) In that case, the Pre-Trial Chamber may, upon
request of the Prosecutor, take such measures as may be necessary to ensure the
efficiency and integrity of the proceedings and, in particular, to protect the
rights of the defence.
(c) Unless the Pre-Trial Chamber orders otherwise, the
Prosecutor shall provide the relevant information to the person who has been
arrested or appeared in response to a summons in connection with the
investigation referred to in subparagraph (a), in order that he or she may be
heard on the matter.
(a) Making recommendations or orders regarding
procedures to be followed;
(c) Appointing an expert to assist;
(d) Authorizing counsel for a person who has been arrested, or appeared before the Court in response to a summons, to participate, or where there has not yet been such an arrest or appearance or counsel has not been designated, appointing another counsel to attend and represent the interests of the defence;
(e) Naming one of its members or, if necessary, another available judge of the Pre-Trial or Trial Division to observe and make recommendations or orders regarding the collection and preservation of evidence and the questioning of persons;
(f) Taking such other action as may be necessary to collect or preserve evidence.
3. (a) Where the Prosecutor has not sought measures
pursuant to this article but the Pre-Trial Chamber considers that such measures
are required to preserve evidence that it deems would be essential for the
defence at trial, it shall consult with the Prosecutor as to whether there is
good reason for the Prosecutor's failure to request the measures. If upon
consultation, the Pre-Trial Chamber concludes that the Prosecutor's failure to
request such measures is unjustified, the Pre-Trial Chamber may take such
measures on its own initiative.
(b) A decision of the Pre-Trial Chamber to act on its
own initiative under this paragraph may be appealed by the Prosecutor. The
appeal shall be heard on an expedited basis.
4. The admissibility of evidence preserved or collected
for trial pursuant to this article, or the record thereof, shall be governed at
trial by article 69, and given such weight as determined by the Trial Chamber.
1. Unless otherwise provided in this Statute, the
Pre-Trial Chamber shall exercise its functions in accordance with the provisions
of this article.
2 . (a) Orders or rulings of the Pre-Trial Chamber
issued under articles 15, 18, 19, 54, paragraph 2, 61, paragraph 7, and 72 must
be concurred in 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
otherwise provided for in the Rules of Procedure and Evidence or by a majority
of the Pre-Trial Chamber.
3. In addition to its other functions under this
Statute, the Pre-Trial Chamber may:
(c) Where necessary, provide for the protection and privacy of victims and witnesses, the preservation of evidence, the protection of persons who have been arrested or appeared in response to a summons, and the protection of national security information;
(d) 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, whenever possible having regard to the views of the State concerned, the Pre-Trial Chamber has determined in that case that the State is clearly unable to execute a request for cooperation due to the unavailability of any authority or any component of its judicial system competent to execute the request for cooperation under Part 9.
(e) Where a warrant of arrest or a summons has been issued under article 58, and having due regard to the strength of the evidence and the rights of the parties concerned, as provided for in this Statute and the Rules of Procedure and Evidence, seek the cooperation of States pursuant to article 93, paragraph 1 (k), to take protective measures for the purpose of forfeiture, in particular for the ultimate benefit of victims.
1. At any time after the initiation of an investigation,
the Pre-Trial Chamber shall, on the application of the Prosecutor, issue a
warrant of arrest of a person if, having examined the application and the
evidence or other information submitted by the Prosecutor, it is satisfied that:
(i) To ensure the person's appearance at trial,
(iii) Where applicable, to prevent the person from continuing with the commission of that crime or a related crime which is within the jurisdiction of the Court and which arises out of the same circumstances.
2. The application of the Prosecutor shall contain:
(c) A concise statement of the facts which are alleged to constitute those crimes;
(d) A summary of the evidence and any other information which establish reasonable grounds to believe that the person committed those crimes; and
(e) The reason why the Prosecutor believes that the arrest of the person is necessary.
3. The warrant of arrest shall contain:
(c) A concise statement of the facts which are alleged to constitute those crimes.
4. The warrant of arrest shall remain in effect until
otherwise ordered by the Court.
5. On the basis of the warrant of arrest, the Court may
request the provisional arrest or the arrest and surrender of the person under
6. The Prosecutor may request the Pre-Trial Chamber to
amend the warrant of arrest by modifying or adding to the crimes specified
therein. The Pre-Trial Chamber shall so amend the warrant if it is satisfied
that there are reasonable grounds to believe that the person committed the
modified or additional crimes.
7. As an alternative to seeking a warrant of arrest, the
Prosecutor may submit an application requesting that the Pre-Trial Chamber issue
a summons for the person to appear. If the Pre-Trial Chamber is satisfied that
there are reasonable grounds to believe that the person committed the crime
alleged and that a summons is sufficient to ensure the person's appearance, it
shall issue the summons, with or without conditions restricting liberty (other
than detention) if provided for by national law, for the person to appear. The
summons shall contain:
(c) A specific reference to the crimes within the jurisdiction of the Court which the person is alleged to have committed; and
(d) A concise statement of the facts which are alleged to constitute the crime.
The summons shall be served on the person.
1. A State Party which has received a request for
provisional arrest or for arrest and surrender shall immediately take steps to
arrest the person in question in accordance with its laws and the provisions of
2. A person arrested shall be brought promptly before
the competent judicial authority in the custodial State which shall determine,
in accordance with the law of that State, that:
(c) The person's rights have been respected.
3. The person arrested shall have the right to apply to
the competent authority in the custodial State for interim release pending
4. In reaching a decision on any such application, the
competent authority in the custodial State shall consider whether, given the
gravity of the alleged crimes, there are urgent and exceptional circumstances to
justify interim release and whether necessary safeguards exist to ensure that
the custodial State can fulfil its duty to surrender the person to the Court. It
shall not be open to the competent authority of the custodial State to consider
whether the warrant of arrest was properly issued in accordance with article 58,
paragraph 1 (a) and (b).
5. The Pre-Trial Chamber shall be notified of any
request for interim release and shall make recommendations to the competent
authority in the custodial State. The competent authority in the custodial State
shall give full consideration to such recommendations, including any
recommendations on measures to prevent the escape of the person, before
rendering its decision.
7. Once ordered to be surrendered by the custodial State, the person shall be delivered to the Court as soon as possible.
1. Upon the surrender of the person to the Court, or the
person's appearance before the Court voluntarily or pursuant to a summons, the
Pre-Trial Chamber shall satisfy itself that the person has been informed of the
crimes which he or she is alleged to have committed, and of his or her rights
under this Statute, including the right to apply for interim release pending
2. A person subject to a warrant of arrest may apply for
interim release pending trial. If the Pre-Trial Chamber is satisfied that the
conditions set forth in article 58, paragraph 1, are met, the person shall
continue to be detained. If it is not so satisfied, the Pre-Trial Chamber shall
release the person, with or without conditions.
4. The Pre-Trial Chamber shall ensure that a person is not detained for an unreasonable period prior to trial due to inexcusable delay by the Prosecutor. If such delay occurs, the Court shall consider releasing the person, with or without conditions.
5. If necessary, the Pre-Trial Chamber may issue a
warrant of arrest to secure the presence of a person who has been released.
1. Subject to the provisions of paragraph 2, within a
reasonable time after the person's surrender or voluntary appearance before the
Court, the Pre-Trial Chamber shall hold a hearing to confirm the charges on
which the Prosecutor intends to seek trial. The hearing shall be held in the
presence of the Prosecutor and the person charged, as well as his or her
(a) Waived his or her right to be present; or
In that case, the person shall be represented by counsel
where the Pre-Trial Chamber determines that it is in the interests of justice.
(a) Be provided with a copy of the document containing
the charges on which the Prosecutor intends to bring the person to trial; and
The Pre-Trial Chamber may issue orders regarding the
disclosure of information for the purposes of the hearing.
4. Before the hearing, the Prosecutor may continue the
investigation and may amend or withdraw any charges. The person shall be given
reasonable notice before the hearing of any amendment to or withdrawal of
charges. In case of a withdrawal of charges, the Prosecutor shall notify the
Pre-Trial Chamber of the reasons for the withdrawal.
6. At the hearing, the person may:
(a) Object to the charges;
(c) Present evidence.
7. The Pre-Trial Chamber shall, on the basis of the
hearing, determine whether there is sufficient evidence to establish substantial
grounds to believe that the person committed each of the crimes charged. Based
on its determination, the Pre-Trial Chamber shall:
(c) Adjourn the hearing and request the Prosecutor to consider:
(i) Providing further evidence or conducting further
investigation with respect to a particular charge; or
8. Where the Pre-Trial Chamber declines to confirm a
charge, the Prosecutor shall not be precluded from subsequently requesting its
confirmation if the request is supported by additional evidence.
10. Any warrant previously issued shall cease to have effect with respect to any charges which have not been confirmed by the Pre-Trial Chamber or which have been withdrawn by the Prosecutor.
11. Once the charges have been confirmed in accordance
with this article, the Presidency shall constitute a Trial Chamber which,
subject to paragraph 9 and to article 64, paragraph 4, shall be responsible for
the conduct of subsequent proceedings and may exercise any function of the
Pre-Trial Chamber that is relevant and capable of application in those
PART 6. THE TRIAL
2. If the accused, being present before the Court,
continues to disrupt the trial, the Trial Chamber may remove the accused and
shall make provision for him or her to observe the trial and instruct counsel
from outside the courtroom, through the use of communications technology, if
required. Such measures shall be taken only in exceptional circumstances after
other reasonable alternatives have proved inadequate, and only for such duration
as is strictly required.
2. The Trial Chamber shall ensure that a trial is fair and expeditious and is conducted with full respect for the rights of the accused and due regard for the protection of victims and witnesses.
3. Upon assignment of a case for trial in accordance with this Statute, the Trial Chamber assigned to deal with the case shall:
(a) Confer with the parties and adopt such procedures as
are necessary to facilitate the fair and expeditious conduct of the proceedings;
(c) Subject to any other relevant provisions of this Statute, provide for disclosure of documents or information not previously disclosed, sufficiently in advance of the commencement of the trial to enable adequate preparation for trial.
4. The Trial Chamber may, if necessary for its effective
and fair functioning, refer preliminary issues to the Pre-Trial Chamber or, if
necessary, to another available judge of the Pre-Trial Division.
6. In performing its functions prior to trial or during the course of a trial, the Trial Chamber may, as necessary:
(a) Exercise any functions of the Pre-Trial Chamber
referred to in article 61, paragraph 11;
(c) Provide for the protection of confidential information;
(d) Order the production of evidence in addition to that already collected prior to the trial or presented during the trial by the parties;
(e) Provide for the protection of the accused, witnesses and victims; and
(f) Rule on any other relevant matters.
7. The trial shall be held in public. The Trial Chamber
may, however, determine that special circumstances require that certain
proceedings be in closed session for the purposes set forth in article 68, or to
protect confidential or sensitive information to be given in evidence.
8. (a) At the commencement of the trial, the Trial
Chamber shall have read to the accused the charges previously confirmed by the
Pre-Trial Chamber. The Trial Chamber shall satisfy itself that the accused
understands the nature of the charges. It shall afford him or her the
opportunity to make an admission of guilt in accordance with article 65 or to
plead not guilty.
(b) At the trial, the presiding judge may give
directions for the conduct of proceedings, including to ensure that they are
conducted in a fair and impartial manner. Subject to any directions of the
presiding judge, the parties may submit evidence in accordance with the
provisions of this Statute.
9. The Trial Chamber shall have, inter alia, the power
on application of a party or on its own motion to:
10. The Trial Chamber shall ensure that a complete
record of the trial, which accurately reflects the proceedings, is made and that
it is maintained and preserved by the Registrar.
(a) The accused understands the nature and consequences
of the admission of guilt;
(c) The admission of guilt is supported by the facts of the case that are contained in:
(i) The charges brought by the Prosecutor and admitted
by the accused;
(iii) Any other evidence, such as the testimony of witnesses, presented by the Prosecutor or the accused.
2. Where the Trial Chamber is satisfied that the matters
referred to in paragraph 1 are established, it shall consider the admission of
guilt, together with any additional evidence presented, as establishing all the
essential facts that are required to prove the crime to which the admission of
guilt relates, and may convict the accused of that crime.
4. Where the Trial Chamber is of the opinion that a more complete presentation of the facts of the case is required in the interests of justice, in particular the interests of the victims, the Trial Chamber may:
(a) Request the Prosecutor to present additional
evidence, including the testimony of witnesses; or
5. Any discussions between the Prosecutor and the
defence regarding modification of the charges, the admission of guilt or the
penalty to be imposed shall not be binding on the Court.
2. The onus is on the Prosecutor to prove the guilt of the accused.
3. In order to convict the accused, the Court must be
convinced of the guilt of the accused beyond reasonable doubt.
(a) To be informed promptly and in detail of the nature,
cause and content of the charge, in a language which the accused fully
understands and speaks;
(c) To be tried without undue delay;
(d) Subject to article 63, paragraph 2, to be present at the trial, to conduct the defence in person or through legal assistance of the accused's choosing, to be informed, if the accused does not have legal assistance, of this right and to have legal assistance assigned by the Court in any case where the interests of justice so require, and without payment if the accused lacks sufficient means to pay for it;
(e) To examine, or have examined, the witnesses against him or her and to obtain the attendance and examination of witnesses on his or her behalf under the same conditions as witnesses against him or her. The accused shall also be entitled to raise defences and to present other evidence admissible under this Statute;
(f) To have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness, if any of the proceedings of or documents presented to the Court are not in a language which the accused fully understands and speaks;
(g) Not to be compelled to testify or to confess guilt and to remain silent, without such silence being a consideration in the determination of guilt or innocence;
(h) To make an unsworn oral or written statement in his or her defence; and
(i) Not to have imposed on him or her any reversal of the burden of proof or any onus of rebuttal.
2. In addition to any other disclosure provided for in
this Statute, the Prosecutor shall, as soon as practicable, disclose to the
defence evidence in the Prosecutor's possession or control which he or she
believes shows or tends to show the innocence of the accused, or to mitigate the
guilt of the accused, or which may affect the credibility of prosecution
evidence. In case of doubt as to the application of this paragraph, the Court
2. As an exception to the principle of public hearings provided for in article 67, the Chambers of the Court may, to protect victims and witnesses or an accused, conduct any part of the proceedings in camera or allow the presentation of evidence by electronic or other special means. In particular, such measures shall be implemented in the case of a victim of sexual violence or a child who is a victim or a witness, unless otherwise ordered by the Court, having regard to all the circumstances, particularly the views of the victim or witness.
3. Where the personal interests of the victims are affected, the Court shall permit their views and concerns to be presented and considered at stages of the proceedings determined to be appropriate by the Court and in a manner which is not prejudicial to or inconsistent with the rights of the accused and a fair and impartial trial. Such views and concerns may be presented by the legal representatives of the victims where the Court considers it appropriate, in accordance with the Rules of Procedure and Evidence.
4. The Victims and Witnesses Unit may advise the Prosecutor and the Court on appropriate protective measures, security arrangements, counselling and assistance as referred to in article 43, paragraph 6.
5. Where the disclosure of evidence or information pursuant to this Statute may lead to the grave endangerment of the security of a witness or his or her family, the Prosecutor may, for the purposes of any proceedings conducted prior to the commencement of the trial, withhold such evidence or information and instead submit a summary thereof. Such measures shall be exercised in a manner which is not prejudicial to or inconsistent with the rights of the accused and a fair and impartial trial.
6. A State may make an application for necessary
measures to be taken in respect of the protection of its servants or agents and
the protection of confidential or sensitive information.
2. The testimony of a witness at trial shall be given in person, except to the extent provided by the measures set forth in article 68 or in the Rules of Procedure and Evidence. The Court may also permit the giving of viva voce (oral) or recorded testimony of a witness by means of video or audio technology, as well as the introduction of documents or written transcripts, subject to this Statute and in accordance with the Rules of Procedure and Evidence. These measures shall not be prejudicial to or inconsistent with the rights of the accused.
3. The parties may submit evidence relevant to the case, in accordance with article 64. The Court shall have the authority to request the submission of all evidence that it considers necessary for the determination of the truth.
4. The Court may rule on the relevance or admissibility of any evidence, taking into account, inter alia, the probative value of the evidence and any prejudice that such evidence may cause to a fair trial or to a fair evaluation of the testimony of a witness, in accordance with the Rules of Procedure and Evidence.
5. The Court shall respect and observe privileges on confidentiality as provided for in the Rules of Procedure and Evidence.
6. The Court shall not require proof of facts of common knowledge but may take judicial notice of them.
7. Evidence obtained by means of a violation of this Statute or internationally recognized human rights shall not be admissible if:
(a) The violation casts substantial doubt on the
reliability of the evidence; or
8. When deciding on the relevance or admissibility of
evidence collected by a State, the Court shall not rule on the application of
the State's national law.
(a) Giving false testimony when under an obligation
pursuant to article 69, paragraph 1, to tell the truth;
(c) Corruptly influencing a witness, obstructing or interfering with the attendance or testimony of a witness, retaliating against a witness for giving testimony or destroying, tampering with or interfering with the collection of evidence;
(d) Impeding, intimidating or corruptly influencing an official of the Court for the purpose of forcing or persuading the official not to perform, or to perform improperly, his or her duties;
(e) Retaliating against an official of the Court on account of duties performed by that or another official;
(f) Soliciting or accepting a bribe as an official of the Court in connection with his or her official duties.
2. The principles and procedures governing the Court's
exercise of jurisdiction over offences under this article shall be those
provided for in the Rules of Procedure and Evidence. The conditions for
providing international cooperation to the Court with respect to its proceedings
under this article shall be governed by the domestic laws of the requested
4. (a) Each State Party shall extend its criminal laws penalizing offences against the integrity of its own investigative or judicial process to offences against the administration of justice referred to in this article, committed on its territory, or by one of its nationals;
(b) Upon request by the Court, whenever it deems it
proper, the State Party shall submit the case to its competent authorities for
the purpose of prosecution. Those authorities shall treat such cases with
diligence and devote sufficient resources to enable them to be conducted
2. The procedures governing the imposition of the
measures set forth in paragraph 1 shall be those provided for in the Rules of
Procedure and Evidence.
2. This article shall also apply when a person who has been requested to give information or evidence has refused to do so or has referred the matter to the State on the ground that disclosure would prejudice the national security interests of a State and the State concerned confirms that it is of the opinion that disclosure would prejudice its national security interests.
3. Nothing in this article shall prejudice the requirements of confidentiality applicable under article 54, paragraph 3 (e) and (f), or the application of article 73.
4. If a State learns that information or documents of the State are being, or are likely to be, disclosed at any stage of the proceedings, and it is of the opinion that disclosure would prejudice its national security interests, that State shall have the right to intervene in order to obtain resolution of the issue in accordance with this article.
5. If, in the opinion of a State, disclosure of information would prejudice its national security interests, all reasonable steps will be taken by the State, acting in conjunction with the Prosecutor, the defence or the Pre-Trial Chamber or Trial Chamber, as the case may be, to seek to resolve the matter by cooperative means. Such steps may include:
(a) Modification or clarification of the request;
(c) Obtaining the information or evidence from a different source or in a different form; or
(d) Agreement on conditions under which the assistance could be provided including, among other things, providing summaries or redactions, limitations on disclosure, use of in camera or ex parte proceedings, or other protective measures permissible under the Statute and the Rules of Procedure and Evidence.
6. Once all reasonable steps have been taken to resolve
the matter through cooperative means, and if the State considers that there are
no means or conditions under which the information or documents could be
provided or disclosed without prejudice to its national security interests, it
shall so notify the Prosecutor or the Court of the specific reasons for its
decision, unless a specific description of the reasons would itself necessarily
result in such prejudice to the State's national security interests.
(a) Where disclosure of the information or document is
sought pursuant to a request for cooperation under Part 9 or the circumstances
described in paragraph 2, and the State has invoked the ground for refusal
referred to in article 93, paragraph 4:
(iii) The Court may make such inference in the trial of
the accused as to the existence or non-existence of a fact, as may be
appropriate in the circumstances; or
(b) In all other circumstances:
(i) Order disclosure; or
2. The Trial Chamber's decision shall be based on its evaluation of the evidence and the entire proceedings. The decision shall not exceed the facts and circumstances described in the charges and any amendments to the charges. The Court may base its decision only on evidence submitted and discussed before it at the trial.
3. The judges shall attempt to achieve unanimity in their decision, failing which the decision shall be taken by a majority of the judges.
4. The deliberations of the Trial Chamber shall remain secret.
5. The decision shall be in writing and shall contain a
full and reasoned statement of the Trial Chamber's findings on the evidence and
conclusions. The Trial Chamber shall issue one decision. When there is no
unanimity, the Trial Chamber's decision shall contain the views of the majority
and the minority. The decision or a summary thereof shall be delivered in open
2. The Court may make an order directly against a convicted person specifying appropriate reparations to, or in respect of, victims, including restitution, compensation and rehabilitation.
Where appropriate, the Court may order that the award
for reparations be made through the Trust Fund provided for in article 79.
3. Before making an order under this article, the Court may invite and shall take account of representations from or on behalf of the convicted person, victims, other interested persons or interested States.
4. In exercising its power under this article, the Court may, after a person is convicted of a crime within the jurisdiction of the Court, determine whether, in order to give effect to an order which it may make under this article, it is necessary to seek measures under article 93, paragraph 1.
5. A State Party shall give effect to a decision under this article as if the provisions of article 109 were applicable to this article.
6. Nothing in this article shall be interpreted as
prejudicing the rights of victims under national or international law.
2. Except where article 65 applies and before the completion of the trial, the Trial Chamber may on its own motion and shall, at the request of the Prosecutor or the accused, hold a further hearing to hear any additional evidence or submissions relevant to the sentence, in accordance with the Rules of Procedure and Evidence.
3. Where paragraph 2 applies, any representations under article 75 shall be heard during the further hearing referred to in paragraph 2 and, if necessary, during any additional hearing.
4. The sentence shall be pronounced in public and,
wherever possible, in the presence of the accused.
PART 7. PENALTIES
(a) Imprisonment for a specified number of years, which
may not exceed a maximum of 30 years; or
2. In addition to imprisonment, the Court may order:
2. In imposing a sentence of imprisonment, the Court shall deduct the time, if any, previously spent in detention in accordance with an order of the Court. The Court may deduct any time otherwise spent in detention in connection with conduct underlying the crime.
3. When a person has been convicted of more than one
crime, the Court shall pronounce a sentence for each crime and a joint sentence
specifying the total period of imprisonment. This period shall be no less than
the highest individual sentence pronounced and shall not exceed 30 years
imprisonment or a sentence of life imprisonment in conformity with article 77,
paragraph 1 (b).
2. The Court may order money and other property collected through fines or forfeiture to be transferred, by order of the Court, to the Trust Fund.
3. The Trust Fund shall be managed according to criteria
to be determined by the Assembly of States Parties.
(a) The Prosecutor may make an appeal on any of the
(i) Procedural error,
(iii) Error of law;
(b) The convicted person, or the Prosecutor on that
person's behalf, may make an appeal on any of the following grounds:
(iii) Error of law, or
(iv) Any other ground that affects the fairness or reliability of the proceedings or decision.
2. (a) A sentence may be appealed, in accordance with
the Rules of Procedure and Evidence, by the Prosecutor or the convicted person
on the ground of disproportion between the crime and the sentence;
(c) The same procedure applies when the Court, on an appeal against conviction only, considers that there are grounds to reduce the sentence under paragraph 2 (a).
3. (a) Unless the Trial Chamber orders otherwise, a convicted person shall remain in custody pending an appeal;
(b) When a convicted person's time in custody exceeds the sentence of imprisonment imposed, that person shall be released, except that if the Prosecutor is also appealing, the release may be subject to the conditions under subparagraph (c) below;
(c) In case of an acquittal, the accused shall be released immediately, subject to the following:
(i) Under exceptional circumstances, and having regard,
inter alia, to the concrete risk of flight, the seriousness of the offence
charged and the probability of success on appeal, the Trial Chamber, at the
request of the Prosecutor, may maintain the detention of the person pending
4. Subject to the provisions of paragraph 3 (a) and (b),
execution of the decision or sentence shall be suspended during the period
allowed for appeal and for the duration of the appeal proceedings.
(a) A decision with respect to jurisdiction or
(c) A decision of the Pre-Trial Chamber to act on its own initiative under article 56, paragraph 3;
(d) A decision that involves an issue that would significantly affect the fair and expeditious conduct of the proceedings or the outcome of the trial, and for which, in the opinion of the Pre-Trial or Trial Chamber, an immediate resolution by the Appeals Chamber may materially advance the proceedings.
2. A decision of the Pre-Trial Chamber under article 57,
paragraph 3 (d), may be appealed against by the State concerned or by the
Prosecutor, with the leave of the Pre-Trial Chamber. The appeal shall be heard
on an expedited basis.
4. A legal representative of the victims, the convicted
person or a bona fide owner of property adversely affected by an order under
article 75 may appeal against the order for reparations, as provided in the
Rules of Procedure and Evidence.
2. If the Appeals Chamber finds that the proceedings appealed from were unfair in a way that affected the reliability of the decision or sentence, or that the decision or sentence appealed from was materially affected by error of fact or law or procedural error, it may:
(a) Reverse or amend the decision or sentence; or
For these purposes, the Appeals Chamber may remand a
factual issue to the original Trial Chamber for it to determine the issue and to
report back accordingly, or may itself call evidence to determine the issue.
When the decision or sentence has been appealed only by the person convicted, or
the Prosecutor on that person's behalf, it cannot be amended to his or her
4. The judgement of the Appeals Chamber shall be taken by a majority of the judges and shall be delivered in open court. The judgement shall state the reasons on which it is based. When there is no unanimity, the judgement of the Appeals Chamber shall contain the views of the majority and the minority, but a judge may deliver a separate or dissenting opinion on a question of law.
5. The Appeals Chamber may deliver its judgement in the
absence of the person acquitted or convicted.
(a) New evidence has been discovered that:
(i) Was not available at the time of trial, and such
unavailability was not wholly or partially attributable to the party making
(b) It has been newly discovered that decisive evidence,
taken into account at trial and upon which the conviction depends, was false,
forged or falsified;
2. The Appeals Chamber shall reject the application if
it considers it to be unfounded. If it determines that the application is
meritorious, it may, as appropriate:
(c) Retain jurisdiction over the matter,
with a view to, after hearing the parties in the manner
set forth in the Rules of Procedure and Evidence, arriving at a determination on
whether the judgement should be revised.
1. Anyone who has been the victim of unlawful arrest or
detention shall have an enforceable right to compensation.
3. In exceptional circumstances, where the Court finds
conclusive facts showing that there has been a grave and manifest miscarriage of
justice, it may in its discretion award compensation, according to the criteria
provided in the Rules of Procedure and Evidence, to a person who has been
released from detention following a final decision of acquittal or a termination
of the proceedings for that reason.
PART 9. INTERNATIONAL COOPERATION AND JUDICIAL
Subsequent changes to the designation shall be made by each State Party in accordance with the Rules of Procedure and Evidence.
(b) When appropriate, without prejudice to the provisions of subparagraph (a), requests may also be transmitted through the International Criminal Police Organization or any appropriate regional organization.
2. Requests for cooperation and any documents supporting the request shall either be in or be accompanied by a translation into an official language of the requested State or one of the working languages of the Court, in accordance with the choice made by that State upon ratification, acceptance, approval or accession.
Subsequent changes to this choice shall be made in accordance with the Rules of Procedure and Evidence.
3. The requested State shall keep confidential a request for cooperation and any documents supporting the request, except to the extent that the disclosure is necessary for execution of the request.
4. In relation to any request for assistance presented under this Part, the Court may take such measures, including measures related to the protection of information, as may be necessary to ensure the safety or physical or psychological well-being of any victims, potential witnesses and their families. The Court may request that any information that is made available under this Part shall be provided and handled in a manner that protects the safety and physical or psychological well-being of any victims, potential witnesses and their families.
5. (a) The Court may invite any State not party to this Statute to provide assistance under this Part on the basis of an ad hoc arrangement, an agreement with such State or any other appropriate basis.
(b) Where a State not party to this Statute, which has entered into an ad hoc arrangement or an agreement with the Court, fails to cooperate with requests pursuant to any such arrangement or agreement, the Court may so inform the Assembly of States Parties or, where the Security Council referred the matter to the Court, the Security Council.
6. The Court may ask any intergovernmental organization to provide information or documents. The Court may also ask for other forms of cooperation and assistance which may be agreed upon with such an organization and which are in accordance with its competence or mandate.
7. Where a State Party fails to comply with a request to
cooperate by the Court contrary to the provisions of this Statute, thereby
preventing the Court from exercising its functions and powers under this
Statute, the Court may make a finding to that effect and refer the matter to the
Assembly of States Parties or, where the Security Council referred the matter to
the Court, to the Security Council.
2. Where the person sought for surrender brings a challenge before a national court on the basis of the principle of ne bis in idem as provided in article 20, the requested State shall immediately consult with the Court to determine if there has been a relevant ruling on admissibility. If the case is admissible, the requested State shall proceed with the execution of the request. If an admissibility ruling is pending, the requested State may postpone the execution of the request for surrender of the person until the Court makes a determination on admissibility.
3. (a) A State Party shall authorize, in accordance with its national procedural law, transportation through its territory of a person being surrendered to the Court by another State, except where transit through that State would impede or delay the surrender.
(b) A request by the Court for transit shall be transmitted in accordance with article 87. The request for transit shall contain:
(i) A description of the person being transported;
(ii) A brief statement of the facts of the case and
their legal characterization; and
(iii) The warrant for arrest and surrender;
(e) If an unscheduled landing occurs on the territory of the transit State, that State may require a request for transit from the Court as provided for in subparagraph (b). The transit State shall detain the person being transported until the request for transit is received and the transit is effected, provided that detention for purposes of this subparagraph may not be extended beyond 96 hours from the unscheduled landing unless the request is received within that time.
4. If the person sought is being proceeded against or is serving a sentence in the requested State for a crime different from that for which surrender to the Court is sought, the requested State, after making its decision to grant the request, shall consult with the Court.
2. Where the requesting State is a State Party, the requested State shall give priority to the request from the Court if:
(a) The Court has, pursuant to article 18 or 19, made a
determination that the case in respect of which surrender is sought is
admissible and that determination takes into account the investigation or
prosecution conducted by the requesting State in respect of its request for
3. Where a determination under paragraph 2 (a) has not
been made, the requested State may, at its discretion, pending the determination
of the Court under paragraph 2 (b), proceed to deal with the request for
extradition from the requesting State but shall not extradite the person until
the Court has determined that the case is inadmissible. The Court's
determination shall be made on an expedited basis.
5. Where a case under paragraph 4 has not been determined to be admissible by the Court, the requested State may, at its discretion, proceed to deal with the request for extradition from the requesting State.
6. In cases where paragraph 4 applies except that the requested State is under an existing international obligation to extradite the person to the requesting State not Party to this Statute, the requested State shall determine whether to surrender the person to the Court or extradite the person to the requesting State. In making its decision, the requested State shall consider all the relevant factors, including but not limited to:
(a) The respective dates of the requests;
(c) The possibility of subsequent surrender between the Court and the requesting State.
7. Where a State Party which receives a request from the
Court for the surrender of a person also receives a request from any State for
the extradition of the same person for conduct other than that which constitutes
the crime for which the Court seeks the person's surrender:
8. Where pursuant to a notification under this article,
the Court has determined a case to be inadmissible, and subsequently extradition
to the requesting State is refused, the requested State shall notify the Court
of this decision.
2. In the case of a request for the arrest and surrender of a person for whom a warrant of arrest has been issued by the Pre-Trial Chamber under article 58, the request shall contain or be supported by:
(a) Information describing the person sought, sufficient
to identify the person, and information as to that person's probable location;
(c) Such documents, statements or information as may be necessary to meet the requirements for the surrender process in the requested State, except that those requirements should not be more burdensome than those applicable to requests for extradition pursuant to treaties or arrangements between the requested State and other States and should, if possible, be less burdensome, taking into account the distinct nature of the Court.
3. In the case of a request for the arrest and surrender
of a person already convicted, the request shall contain or be supported by:
(c) Information to demonstrate that the person sought is the one referred to in the judgement of conviction; and
(d) If the person sought has been sentenced, a copy of the sentence imposed and, in the case of a sentence for imprisonment, a statement of any time already served and the time remaining to be served.
4. Upon the request of the Court, a State Party shall
consult with the Court, either generally or with respect to a specific matter,
regarding any requirements under its national law that may apply under paragraph
2 (c). During the consultations, the State Party shall advise the Court of the
specific requirements of its national law.
2. The request for provisional arrest shall be made by any medium capable of delivering a written record and shall contain:
(a) Information describing the person sought, sufficient
to identify the person, and information as to that person's probable location;
(c) A statement of the existence of a warrant of arrest or a judgement of conviction against the person sought; and
(d) A statement that a request for surrender of the person sought will follow.
3. A person who is provisionally arrested may be
released from custody if the requested State has not received the request for
surrender and the documents supporting the request as specified in article 91
within the time limits specified in the Rules of Procedure and Evidence.
However, the person may consent to surrender before the expiration of this
period if permitted by the law of the requested State. In such a case, the
requested State shall proceed to surrender the person to the Court as soon as
(a) The identification and whereabouts of persons or the
location of items;
(c) The questioning of any person being investigated or prosecuted;
(d) The service of documents, including judicial documents;
(e) Facilitating the voluntary appearance of persons as witnesses or experts before the Court;
(f) The temporary transfer of persons as provided in paragraph 7;
(g) The examination of places or sites, including the exhumation and examination of grave sites;
(h) The execution of searches and seizures;
(i) The provision of records and documents, including official records and documents;
(j) The protection of victims and witnesses and the preservation of evidence;
(k) The identification, tracing and freezing or seizure of proceeds, property and assets and instrumentalities of crimes for the purpose of eventual forfeiture, without prejudice to the rights of bona fide third parties; and
(l) Any other type of assistance which is not prohibited by the law of the requested State, with a view to facilitating the investigation and prosecution of crimes within the jurisdiction of the Court.
2. The Court shall have the authority to provide an
assurance to a witness or an expert appearing before the Court that he or she
will not be prosecuted, detained or subjected to any restriction of personal
freedom by the Court in respect of any act or omission that preceded the
departure of that person from the requested State.
4. In accordance with article 72, a State Party may deny a request for assistance, in whole or in part, only if the request concerns the production of any documents or disclosure of evidence which relates to its national security.
5. Before denying a request for assistance under paragraph 1 (l), the requested State shall consider whether the assistance can be provided subject to specified conditions, or whether the assistance can be provided at a later date or in an alternative manner, provided that if the Court or the Prosecutor accepts the assistance subject to conditions, the Court or the Prosecutor shall abide by them.
6. If a request for assistance is denied, the requested State Party shall promptly inform the Court or the Prosecutor of the reasons for such denial.
7. (a) The Court may request the temporary transfer of a person in custody for purposes of identification or for obtaining testimony or other assistance. The person may be transferred if the following conditions are fulfilled:
(i) The person freely gives his or her informed consent
to the transfer; and
(b) The person being transferred shall remain in
custody. When the purposes of the transfer have been fulfilled, the Court shall
return the person without delay to the requested State.
(b) The requested State may, when necessary, transmit documents or information to the Prosecutor on a confidential basis. The Prosecutor may then use them solely for the purpose of generating new evidence.
(c) The requested State may, on its own motion or at the request of the Prosecutor, subsequently consent to the disclosure of such documents or information. They may then be used as evidence pursuant to the provisions of Parts 5 and 6 and in accordance with the Rules of Procedure and Evidence.
9. (a) (i) In the event that a State Party receives competing requests, other than for surrender or extradition, from the Court and from another State pursuant to an international obligation, the State Party shall endeavour, in consultation with the Court and the other State, to meet both requests, if necessary by postponing or attaching conditions to one or the other request.
(ii) Failing that, competing requests shall be resolved in accordance with the principles established in article 90.
(b) Where, however, the request from the Court concerns information, property or persons which are subject to the control of a third State or an international organization by virtue of an international agreement, the requested States shall so inform the Court and the Court shall direct its request to the third State or international organization.
10. (a) The Court may, upon request, cooperate with and provide assistance to a State Party conducting an investigation into or trial in respect of conduct which constitutes a crime within the jurisdiction of the Court or which constitutes a serious crime under the national law of the requesting State.
(b) (i) The assistance provided under subparagraph (a) shall include, inter alia:
a. The transmission of statements, documents or other
types of evidence obtained in the course of an investigation or a trial
conducted by the Court; and
(ii) In the case of assistance under subparagraph (b)
(c) The Court may, under the conditions set out in this
paragraph, grant a request for assistance under this paragraph from a State
which is not a Party to this Statute.
1. If the immediate execution of a request would
interfere with an ongoing investigation or prosecution of a case different from
that to which the request relates, the requested State may postpone the
execution of the request for a period of time agreed upon with the Court.
However, the postponement shall be no longer than is necessary to complete the
relevant investigation or prosecution in the requested State. Before making a
decision to postpone, the requested State should consider whether the assistance
may be immediately provided subject to certain conditions.
Where there is an admissibility challenge under
consideration by the Court pursuant to article 18 or 19, the requested State may
postpone the execution of a request under this Part pending a determination by
the Court, unless the Court has specifically ordered that the Prosecutor may
pursue the collection of such evidence pursuant to article 18 or 19.
1. A request for other forms of assistance referred to
in article 93 shall be made in writing. In urgent cases, a request may be made
by any medium capable of delivering a written record, provided that the request
shall be confirmed through the channel provided for in article 87, paragraph 1
(a) A concise statement of the purpose of the request
and the assistance sought, including the legal basis and the grounds for the
(c) A concise statement of the essential facts underlying the request;
(d) The reasons for and details of any procedure or requirement to be followed;
(e) Such information as may be required under the law of the requested State in order to execute the request; and
(f) Any other information relevant in order for the assistance sought to be provided.
3. Upon the request of the Court, a State Party shall
consult with the Court, either generally or with respect to a specific matter,
regarding any requirements under its national law that may apply under paragraph
2 (e). During the consultations, the State Party shall advise the Court of the
specific requirements of its national law.
Where a State Party receives a request under this Part
in relation to which it identifies problems which may impede or prevent the
execution of the request, that State shall consult with the Court without delay
in order to resolve the matter. Such problems may include, inter alia:
(c) The fact that execution of the request in its current form would require the requested State to breach a pre-existing treaty obligation undertaken with respect to another State.
1. The Court may not proceed with a request for
surrender or assistance which would require the requested State to act
inconsistently with its obligations under international law with respect to the
State or diplomatic immunity of a person or property of a third State, unless
the Court can first obtain the cooperation of that third State for the waiver of
1. Requests for assistance shall be executed in
accordance with the relevant procedure under the law of the requested State and,
unless prohibited by such law, in the manner specified in the request, including
following any procedure outlined therein or permitting persons specified in the
request to be present at and assist in the execution process.
3. Replies from the requested State shall be transmitted in their original language and form.
4. Without prejudice to other articles in this Part, where it is necessary for the successful execution of a request which can be executed without any compulsory measures, including specifically the interview of or taking evidence from a person on a voluntary basis, including doing so without the presence of the authorities of the requested State Party if it is essential for the request to be executed, and the examination without modification of a public site or other public place, the Prosecutor may execute such request directly on the territory of a State as follows:
(a) When the State Party requested is a State on the
territory of which the crime is alleged to have been committed, and there has
been a determination of admissibility pursuant to article 18 or 19, the
Prosecutor may directly execute such request following all possible
consultations with the requested State Party;
5. Provisions allowing a person heard or examined by the
Court under article 72 to invoke restrictions designed to prevent disclosure of
confidential information connected with national security shall also apply to
the execution of requests for assistance under this article.
1. The ordinary costs for execution of requests in the
territory of the requested State shall be borne by that State, except for the
following, which shall be borne by the Court:
(c) Travel and subsistence costs of the judges, the Prosecutor, the Deputy Prosecutors, the Registrar, the Deputy Registrar and staff of any organ of the Court;
(d) Costs of any expert opinion or report requested by the Court;
(e) Costs associated with the transport of a person being surrendered to the Court by a custodial State; and
(f) Following consultations, any extraordinary costs that may result from the execution of a request.
2. The provisions of paragraph 1 shall, as appropriate,
apply to requests from States Parties to the Court. In that case, the Court
shall bear the ordinary costs of execution.
1. A person surrendered to the Court under this Statute
shall not be proceeded against, punished or detained for any conduct committed
prior to surrender, other than the conduct or course of conduct which forms the
basis of the crimes for which that person has been surrendered.
For the purposes of this Statute:
(a) "surrender" means the delivering up of a person by a
State to the Court, pursuant to this Statute.
PART 10. ENFORCEMENT
(b) At the time of declaring its willingness to accept sentenced persons, a State may attach conditions to its acceptance as agreed by the Court and in accordance with this Part.
(c) A State designated in a particular case shall promptly inform the Court whether it accepts the Court's designation.
2. (a) The State of enforcement shall notify the Court of any circumstances, including the exercise of any conditions agreed under paragraph 1, which could materially affect the terms or extent of the imprisonment. The Court shall be given at least 45 days' notice of any such known or foreseeable circumstances. During this period, the State of enforcement shall take no action that might prejudice its obligations under article 110.
(b) Where the Court cannot agree to the circumstances referred to in subparagraph (a), it shall notify the State of enforcement and proceed in accordance with article 104, paragraph 1.
3. In exercising its discretion to make a designation under paragraph 1, the Court shall take into account the following:
(a) The principle that States Parties should share the responsibility for enforcing sentences of imprisonment, in accordance with principles of equitable distribution, as provided in the Rules of Procedure and Evidence;
(b) The application of widely accepted international treaty standards governing the treatment of prisoners;
(c) The views of the sentenced person;
(d) The nationality of the sentenced person;
(e) Such other factors regarding the circumstances of the crime or the person sentenced, or the effective enforcement of the sentence, as may be appropriate in designating the State of enforcement.
4. If no State is designated under paragraph 1, the
sentence of imprisonment shall be served in a prison facility made available by
the host State, in accordance with the conditions set out in the headquarters
agreement referred to in article 3, paragraph 2. In such a case, the costs
arising out of the enforcement of a sentence of imprisonment shall be borne by
2. A sentenced person may, at any time, apply to the
Court to be transferred from the State of enforcement.
2. The Court alone shall have the right to decide any
application for appeal and revision. The State of enforcement shall not impede
the making of any such application by a sentenced person.
2. The conditions of imprisonment shall be governed by the law of the State of enforcement and shall be consistent with widely accepted international treaty standards governing treatment of prisoners; in no case shall such conditions be more or less favourable than those available to prisoners convicted of similar offences in the State of enforcement.
3. Communications between a sentenced person and the
Court shall be unimpeded and confidential.
2. If no State bears the costs arising out of transferring the person to another State pursuant to paragraph 1, such costs shall be borne by the Court.
3. Subject to the provisions of article 108, the State
of enforcement may also, in accordance with its national law, extradite or
otherwise surrender the person to a State which has requested the extradition or
surrender of the person for purposes of trial or enforcement of a sentence.
2. The Court shall decide the matter after having heard the views of the sentenced person.
3. Paragraph 1 shall cease to apply if the sentenced
person remains voluntarily for more than 30 days in the territory of the State
of enforcement after having served the full sentence imposed by the Court, or
returns to the territory of that State after having left it.
2. If a State Party is unable to give effect to an order for forfeiture, it shall take measures to recover the value of the proceeds, property or assets ordered by the Court to be forfeited, without prejudice to the rights of bona fide third parties.
3. Property, or the proceeds of the sale of real
property or, where appropriate, the sale of other property, which is obtained by
a State Party as a result of its enforcement of a judgement of the Court shall
be transferred to the Court.
2. The Court alone shall have the right to decide any reduction of sentence, and shall rule on the matter after having heard the person.
3. When the person has served two thirds of the sentence, or 25 years in the case of life imprisonment, the Court shall review the sentence to determine whether it should be reduced. Such a review shall not be conducted before that time.
4. In its review under paragraph 3, the Court may reduce the sentence if it finds that one or more of the following factors are present:
(a) The early and continuing willingness of the person
to cooperate with the Court in its investigations and prosecutions;
(c) Other factors establishing a clear and significant change of circumstances sufficient to justify the reduction of sentence, as provided in the Rules of Procedure and Evidence.
5. If the Court determines in its initial review under
paragraph 3 that it is not appropriate to reduce the sentence, it shall
thereafter review the question of reduction of sentence at such intervals and
applying such criteria as provided for in the Rules of Procedure and Evidence.
PART 11. ASSEMBLY OF STATES PARTIES
2. The Assembly shall:
(a) Consider and adopt, as appropriate, recommendations
of the Preparatory Commission;
(c) Consider the reports and activities of the Bureau established under paragraph 3 and take appropriate action in regard thereto;
(d) Consider and decide the budget for the Court;
(e) Decide whether to alter, in accordance with article 36, the number of judges;
(f) Consider pursuant to article 87, paragraphs 5 and 7, any question relating to non-cooperation;
(g) Perform any other function consistent with this Statute or the Rules of Procedure and Evidence.
3. (a) The Assembly shall have a Bureau consisting of a
President, two Vice-Presidents and 18 members elected by the Assembly for
(c) The Bureau shall meet as often as necessary, but at least once a year. It shall assist the Assembly in the discharge of its responsibilities.
4. The Assembly may establish such subsidiary bodies as may be necessary, including an independent oversight mechanism for inspection, evaluation and investigation of the Court, in order to enhance its efficiency and economy.
5. The President of the Court, the Prosecutor and the Registrar or their representatives may participate, as appropriate, in meetings of the Assembly and of the Bureau.
6. The Assembly shall meet at the seat of the Court or at the Headquarters of the United Nations once a year and, when circumstances so require, hold special sessions. Except as otherwise specified in this Statute, special sessions shall be convened by the Bureau on its own initiative or at the request of one third of the States Parties.
7. Each State Party shall have one vote. Every effort shall be made to reach decisions by consensus in the Assembly and in the Bureau. If consensus cannot be reached, except as otherwise provided in the Statute:
(a) Decisions on matters of substance must be approved
by a two-thirds majority of those present and voting provided that an absolute
majority of States Parties constitutes the quorum for voting;
8. A State Party which is in arrears in the payment of
its financial contributions towards the costs of the Court shall have no vote in
the Assembly and in the Bureau if the amount of its arrears equals or exceeds
the amount of the contributions due from it for the preceding two full years.
The Assembly may, nevertheless, permit such a State Party to vote in the
Assembly and in the Bureau if it is satisfied that the failure to pay is due to
conditions beyond the control of the State Party.
10. The official and working languages of the Assembly
shall be those of the General Assembly of the United Nations.
PART 12. FINANCING
(a) Assessed contributions made by States Parties;
PART 13. FINAL CLAUSES
2. Any other dispute between two or more States Parties
relating to the interpretation or application of this Statute which is not
settled through negotiations within three months of their commencement shall be
referred to the Assembly of States Parties. The Assembly may itself seek to
settle the dispute or may make recommendations on further means of settlement of
the dispute, including referral to the International Court of Justice in
conformity with the Statute of that Court.
2. No sooner than three months from the date of notification, the Assembly of States Parties, at its next meeting, shall, by a majority of those present and voting, decide whether to take up the proposal. The Assembly may deal with the proposal directly or convene a Review Conference if the issue involved so warrants.
3. The adoption of an amendment at a meeting of the Assembly of States Parties or at a Review Conference on which consensus cannot be reached shall require a two-thirds majority of States Parties.
4. Except as provided in paragraph 5, an amendment shall enter into force for all States Parties one year after instruments of ratification or acceptance have been deposited with the Secretary-General of the United Nations by seven-eighths of them.
5. Any amendment to articles 5, 6, 7 and 8 of this Statute shall enter into force for those States Parties which have accepted the amendment one year after the deposit of their instruments of ratification or acceptance. In respect of a State Party which has not accepted the amendment, the Court shall not exercise its jurisdiction regarding a crime covered by the amendment when committed by that State Party's nationals or on its territory.
6. If an amendment has been accepted by seven-eighths of States Parties in accordance with paragraph 4, any State Party which has not accepted the amendment may withdraw from this Statute with immediate effect, notwithstanding article 127, paragraph 1, but subject to article 127, paragraph 2, by giving notice no later than one year after the entry into force of such 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.
2. Amendments under this article on which consensus
cannot be reached shall be adopted by the Assembly of States Parties or by a
Review Conference, by a two-thirds majority of States Parties. Such amendments
shall enter into force for all States Parties six months after their adoption by
the Assembly or, as the case may be, by the Conference.
2. At any time thereafter, at the request of a State Party and for the purposes set out in paragraph 1, the Secretary-General of the United Nations shall, upon approval by a majority of States Parties, convene a Review Conference.
3. The provisions of article 121, paragraphs 3 to 7,
shall apply to the adoption and entry into force of any amendment to the Statute
considered at a Review Conference.
2. This Statute is subject to ratification, acceptance or approval by signatory States. Instruments of ratification, acceptance or approval shall be deposited with the Secretary-General of the United Nations.
3. This Statute shall be open to accession by all
States. Instruments of accession shall be deposited with the Secretary-General
of the United Nations.
2. For each State ratifying, accepting, approving or
acceding to this Statute after the deposit of the 60th instrument of
ratification, acceptance, approval or accession, the Statute shall enter into
force on the first day of the month after the 60th day following the deposit by
such State of its instrument of ratification, acceptance, approval or accession.
2. A State shall not be discharged, by reason of its
withdrawal, from the obligations arising from this Statute while it was a Party
to the Statute, including any financial obligations which may have accrued. Its
withdrawal shall not affect any cooperation with the Court in connection with
criminal investigations and proceedings in relation to which the withdrawing
State had a duty to cooperate and which were commenced prior to the date on
which the withdrawal became effective, nor shall it prejudice in any way the
continued consideration of any matter which was already under consideration by
the Court prior to the date on which the withdrawal became effective.
IN WITNESS WHEREOF, the undersigned, being duly
authorized thereto by their respective Governments, have signed this Statute.
DONE at Rome, this 17th day of July 1998.