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Rome Statute of the International Criminal Court

http://www.un.org/law/icc/statute/romefra.htm (U.N. Doc. A/CONF.18 /!"# $as correcte% &' the proc(s)*er&au+ of 1, No*em&er 1!!8 an% 1- .ul' 1!!!/ 0ntire 1tatute (-213# 4ream&le 4art 1 0sta&lishment of the Court 4art - .uris%iction5 A%missi&ilit' an% Applica&le 6aw 4art 7eneral 4rinciples of Criminal 6aw

4art 8 Composition an% A%ministration of the Court 4art 9 :n*estigation an% 4rosecution 4art 2 ;he ;rial 4art < 4enalties 4art 8 Appeal an% =e*ision 4art ! :nternational Cooperation an% .u%icial Assistance 4art 1, 0nforcement 4art 11 Assem&l' of 1tates 4arties 4art 1- Financing 4art 1 Final Clauses 4=0A>?60 ;he 1tates 4arties to this 1tatute5 Conscious that all peoples are unite% &' common &on%s5 their cultures piece% together in a share% heritage5 an% concerne% that this %elicate mosaic ma' &e shattere% at an' time5

>in%ful that %uring this centur' millions of chil%ren5 women an% men ha*e &een *ictims of unimagina&le atrocities that %eepl' shoc@ the conscience of humanit'5 =ecogniAing that such gra*e crimes threaten the peace5 securit' an% well)&eing of the worl%5 Affirming that the most serious crimes of concern to the international communit' as a whole must not go unpunishe% an% that their effecti*e prosecution must &e ensure% &' ta@ing measures at the national le*el an% &' enhancing international cooperation5 Determine% to put an en% to impunit' for the perpetrators of these crimes an% thus to contri&ute to the pre*ention of such crimes5 =ecalling that it is the %ut' of e*er' 1tate to e+ercise its criminal Buris%iction o*er those responsi&le for international crimes5 =eaffirming the 4urposes an% 4rinciples of the Charter of the Unite% Nations5 an% in particular that all 1tates shall refrain from the threat or use of force against the territorial integrit' or political in%epen%ence of an' 1tate5 or in an' other manner inconsistent with the 4urposes of the Unite% Nations5 0mphasiAing in this connection that nothing in this 1tatute shall &e ta@en as authoriAing an' 1tate 4art' to inter*ene in an arme% conflict or in the internal affairs of an' 1tate5 Determine% to these en%s an% for the sa@e of present an% future generations5 to esta&lish an in%epen%ent permanent :nternational Criminal Court in relationship with the Unite% Nations s'stem5 with Buris%iction o*er the most serious crimes of concern to the international communit' as a whole5 0mphasiAing that the :nternational Criminal Court esta&lishe% un%er this 1tatute shall &e complementar' to national criminal Buris%ictions5 =esol*e% to guarantee lasting respect for an% the enforcement of international Bustice5 Ca*e agree% as follows

PART 1. ESTABLISHMENT OF THE COURT


Article 1 ;he Court An :nternational Criminal Court (Dthe CourtD# is here&' esta&lishe%. :t shall &e a permanent institution an% shall ha*e the power to e+ercise its Buris%iction o*er persons for the most serious crimes of international concern5 as referre% to in this 1tatute5 an%

shall &e complementar' to national criminal Buris%ictions. ;he Buris%iction an% functioning of the Court shall &e go*erne% &' the pro*isions of this 1tatute. Article =elationship of the Court with the Unite% Nations ;he Court shall &e &rought into relationship with the Unite% Nations through an agreement to &e appro*e% &' the Assem&l' of 1tates 4arties to this 1tatute an% thereafter conclu%e% &' the 4resi%ent of the Court on its &ehalf. Article 1eat of the Court 1. ;he seat of the Court shall &e esta&lishe% at ;he Cague in the Netherlan%s (Dthe host 1tateD#. -. ;he Court shall enter into a hea%Euarters agreement with the host 1tate5 to &e appro*e% &' the Assem&l' of 1tates 4arties an% thereafter conclu%e% &' the 4resi%ent of the Court on its &ehalf. . ;he Court ma' sit elsewhere5 whene*er it consi%ers it %esira&le5 as pro*i%e% in this 1tatute. Article 8 6egal status an% powers of the Court 1. ;he Court shall ha*e international legal personalit'. :t shall also ha*e such legal capacit' as ma' &e necessar' for the e+ercise of its functions an% the fulfilment of its purposes. -. ;he Court ma' e+ercise its functions an% powers5 as pro*i%e% in this 1tatute5 on the territor' of an' 1tate 4art' an%5 &' special agreement5 on the territor' of an' other 1tate.

PART . !URIS"ICTION# A"MISSIBILIT$ AN" APPLICABLE LA%


Article 9 Crimes within the Buris%iction of the Court 1. ;he Buris%iction of the Court shall &e limite% to the most serious crimes of concern to the international communit' as a whole. ;he Court has Buris%iction in accor%ance with this 1tatute with respect to the following crimes:

(a# ;he crime of genoci%eF (&# Crimes against humanit'F (c# Gar crimesF (%# ;he crime of aggression. -. ;he Court shall e+ercise Buris%iction o*er the crime of aggression once a pro*ision is a%opte% in accor%ance with articles 1-1 an% 1- %efining the crime an% setting out the con%itions un%er which the Court shall e+ercise Buris%iction with respect to this crime. 1uch a pro*ision shall &e consistent with the rele*ant pro*isions of the Charter of the Unite% Nations. Article 2 7enoci%e For the purpose of this 1tatute5 Dgenoci%eD means an' of the following acts committe% with intent to %estro'5 in whole or in part5 a national5 ethnical5 racial or religious group5 as such: (a# 3illing mem&ers of the groupF (&# Causing serious &o%il' or mental harm to mem&ers of the groupF (c# Deli&eratel' inflicting on the group con%itions of life calculate% to &ring a&out its ph'sical %estruction in whole or in partF (%# :mposing measures inten%e% to pre*ent &irths within the groupF (e# Forci&l' transferring chil%ren of the group to another group. Article < Crimes against humanit' 1. For the purpose of this 1tatute5 Dcrime against humanit'D means an' of the following acts when committe% as part of a wi%esprea% or s'stematic attac@ %irecte% against an' ci*ilian population5 with @nowle%ge of the attac@: (a# >ur%erF (&# 0+terminationF (c# 0nsla*ementF

(%# Deportation or forci&le transfer of populationF (e# :mprisonment or other se*ere %epri*ation of ph'sical li&ert' in *iolation of fun%amental rules of international lawF (f# ;ortureF (g# =ape5 se+ual sla*er'5 enforce% prostitution5 force% pregnanc'5 enforce% steriliAation5 or an' other form of se+ual *iolence of compara&le gra*it'F (h# 4ersecution against an' i%entifia&le group or collecti*it' on political5 racial5 national5 ethnic5 cultural5 religious5 gen%er as %efine% in paragraph 5 or other groun%s that are uni*ersall' recogniAe% as impermissi&le un%er international law5 in connection with an' act referre% to in this paragraph or an' crime within the Buris%iction of the CourtF (i# 0nforce% %isappearance of personsF (B# ;he crime of aparthei%F (@# Other inhumane acts of a similar character intentionall' causing great suffering5 or serious inBur' to &o%' or to mental or ph'sical health. -. For the purpose of paragraph 1: (a# DAttac@ %irecte% against an' ci*ilian populationD means a course of con%uct in*ol*ing the multiple commission of acts referre% to in paragraph 1 against an' ci*ilian population5 pursuant to or in furtherance of a 1tate or organiAational polic' to commit such attac@F (&# D0+terminationD inclu%es the intentional infliction of con%itions of life5 inter alia the %epri*ation of access to foo% an% me%icine5 calculate% to &ring a&out the %estruction of part of a populationF (c# D0nsla*ementD means the e+ercise of an' or all of the powers attaching to the right of ownership o*er a person an% inclu%es the e+ercise of such power in the course of traffic@ing in persons5 in particular women an% chil%renF (%# DDeportation or forci&le transfer of populationD means force% %isplacement of the persons concerne% &' e+pulsion or other coerci*e acts from the area in which the' are lawfull' present5 without groun%s permitte% un%er international lawF (e# D;ortureD means the intentional infliction of se*ere pain or suffering5 whether ph'sical or mental5 upon a person in the custo%' or un%er the control of the accuse%F e+cept that torture shall not inclu%e pain or suffering arising onl' from5 inherent in or inci%ental to5 lawful sanctionsF

(f# DForce% pregnanc'D means the unlawful confinement of a woman forci&l' ma%e pregnant5 with the intent of affecting the ethnic composition of an' population or carr'ing out other gra*e *iolations of international law. ;his %efinition shall not in an' wa' &e interprete% as affecting national laws relating to pregnanc'F (g# D4ersecutionD means the intentional an% se*ere %epri*ation of fun%amental rights contrar' to international law &' reason of the i%entit' of the group or collecti*it'F (h# D;he crime of aparthei%D means inhumane acts of a character similar to those referre% to in paragraph15 committe% in the conte+t of an institutionaliAe% regime of s'stematic oppression an% %omination &' one racial group o*er an' other racial group or groups an% committe% with the intention of maintaining that regimeF (i# D0nforce% %isappearance of personsD means the arrest5 %etention or a&%uction of persons &'5 or with the authoriAation5 support or acEuiescence of5 a 1tate or a political organiAation5 followe% &' a refusal to ac@nowle%ge that %epri*ation of free%om or to gi*e information on the fate or wherea&outs of those persons5 with the intention of remo*ing them from the protection of the law for a prolonge% perio% of time. . For the purpose of this 1tatute5 it is un%erstoo% that the term Dgen%erD refers to the two se+es5 male an% female5 within the conte+t of societ'. ;he term Dgen%erD %oes not in%icate an' meaning %ifferent from the a&o*e. Article 8 Gar crimes 1. ;he Court shall ha*e Buris%iction in respect of war crimes in particular when committe% as part of a plan or polic' or as part of a large)scale commission of such crimes. -. For the purpose of this 1tatute5 Dwar crimesD means: (a# 7ra*e &reaches of the 7ene*a Con*entions of 1- August 1!8!5 namel'5 an' of the following acts against persons or propert' protecte% un%er the pro*isions of the rele*ant 7ene*a Con*ention: (i# Gilful @illingF (ii# ;orture or inhuman treatment5 inclu%ing &iological e+perimentsF (iii# Gilfull' causing great suffering5 or serious inBur' to &o%' or healthF (i*# 0+tensi*e %estruction an% appropriation of propert'5 not Bustifie% &' militar' necessit' an% carrie% out unlawfull' an% wantonl'F

(*# Compelling a prisoner of war or other protecte% person to ser*e in the forces of a hostile 4owerF (*i# Gilfull' %epri*ing a prisoner of war or other protecte% person of the rights of fair an% regular trialF (*ii# Unlawful %eportation or transfer or unlawful confinementF (*iii# ;a@ing of hostages. (&# Other serious *iolations of the laws an% customs applica&le in international arme% conflict5 within the esta&lishe% framewor@ of international law5 namel'5 an' of the following acts: (i# :ntentionall' %irecting attac@s against the ci*ilian population as such or against in%i*i%ual ci*ilians not ta@ing %irect part in hostilitiesF (ii# :ntentionall' %irecting attac@s against ci*ilian o&Bects5 that is5 o&Bects which are not militar' o&Becti*esF (iii# :ntentionall' %irecting attac@s against personnel5 installations5 material5 units or *ehicles in*ol*e% in a humanitarian assistance or peace@eeping mission in accor%ance with the Charter of the Unite% Nations5 as long as the' are entitle% to the protection gi*en to ci*ilians or ci*ilian o&Bects un%er the international law of arme% conflictF (i*# :ntentionall' launching an attac@ in the @nowle%ge that such attac@ will cause inci%ental loss of life or inBur' to ci*ilians or %amage to ci*ilian o&Bects or wi%esprea%5 long)term an% se*ere %amage to the natural en*ironment which woul% &e clearl' e+cessi*e in relation to the concrete an% %irect o*erall militar' a%*antage anticipate%F (*# Attac@ing or &om&ar%ing5 &' whate*er means5 towns5 *illages5 %wellings or &uil%ings which are un%efen%e% an% which are not militar' o&Becti*esF (*i# 3illing or woun%ing a com&atant who5 ha*ing lai% %own his arms or ha*ing no longer means of %efence5 has surren%ere% at %iscretionF (*ii# >a@ing improper use of a flag of truce5 of the flag or of the militar' insignia an% uniform of the enem' or of the Unite% Nations5 as well as of the %istincti*e em&lems of the 7ene*a Con*entions5 resulting in %eath or serious personal inBur'F (*iii# ;he transfer5 %irectl' or in%irectl'5 &' the Occup'ing 4ower of parts of its own ci*ilian population into the territor' it occupies5 or the %eportation or transfer of all or parts of the population of the occupie% territor' within or outsi%e this territor'F

(i+# :ntentionall' %irecting attac@s against &uil%ings %e%icate% to religion5 e%ucation5 art5 science or charita&le purposes5 historic monuments5 hospitals an% places where the sic@ an% woun%e% are collecte%5 pro*i%e% the' are not militar' o&Becti*esF (+# 1u&Becting persons who are in the power of an a%*erse part' to ph'sical mutilation or to me%ical or scientific e+periments of an' @in% which are neither Bustifie% &' the me%ical5 %ental or hospital treatment of the person concerne% nor carrie% out in his or her interest5 an% which cause %eath to or seriousl' en%anger the health of such person or personsF (+i# 3illing or woun%ing treacherousl' in%i*i%uals &elonging to the hostile nation or arm'F (+ii# Declaring that no Euarter will &e gi*enF (+iii# Destro'ing or seiAing the enem'Hs propert' unless such %estruction or seiAure &e imperati*el' %eman%e% &' the necessities of warF (+i*# Declaring a&olishe%5 suspen%e% or ina%missi&le in a court of law the rights an% actions of the nationals of the hostile part'F (+*# Compelling the nationals of the hostile part' to ta@e part in the operations of war %irecte% against their own countr'5 e*en if the' were in the &elligerentHs ser*ice &efore the commencement of the warF (+*i# 4illaging a town or place5 e*en when ta@en &' assaultF (+*ii# 0mplo'ing poison or poisone% weaponsF (+*iii# 0mplo'ing asph'+iating5 poisonous or other gases5 an% all analogous liEui%s5 materials or %e*icesF (+i+# 0mplo'ing &ullets which e+pan% or flatten easil' in the human &o%'5 such as &ullets with a har% en*elope which %oes not entirel' co*er the core or is pierce% with incisionsF (++# 0mplo'ing weapons5 proBectiles an% material an% metho%s of warfare which are of a nature to cause superfluous inBur' or unnecessar' suffering or which are inherentl' in%iscriminate in *iolation of the international law of arme% conflict5 pro*i%e% that such weapons5 proBectiles an% material an% metho%s of warfare are the su&Bect of a comprehensi*e prohi&ition an% are inclu%e% in an anne+ to this 1tatute5 &' an amen%ment in accor%ance with the rele*ant pro*isions set forth in articles 1-1 an% 1- F (++i# Committing outrages upon personal %ignit'5 in particular humiliating an% %egra%ing treatmentF

(++ii# Committing rape5 se+ual sla*er'5 enforce% prostitution5 force% pregnanc'5 as %efine% in article <5 paragraph - (f#5 enforce% steriliAation5 or an' other form of se+ual *iolence also constituting a gra*e &reach of the 7ene*a Con*entionsF (++iii# UtiliAing the presence of a ci*ilian or other protecte% person to ren%er certain points5 areas or militar' forces immune from militar' operationsF (++i*# :ntentionall' %irecting attac@s against &uil%ings5 material5 me%ical units an% transport5 an% personnel using the %istincti*e em&lems of the 7ene*a Con*entions in conformit' with international lawF (++*# :ntentionall' using star*ation of ci*ilians as a metho% of warfare &' %epri*ing them of o&Bects in%ispensa&le to their sur*i*al5 inclu%ing wilfull' impe%ing relief supplies as pro*i%e% for un%er the 7ene*a Con*entionsF (++*i# Conscripting or enlisting chil%ren un%er the age of fifteen 'ears into the national arme% forces or using them to participate acti*el' in hostilities. (c# :n the case of an arme% conflict not of an international character5 serious *iolations of article common to the four 7ene*a Con*entions of 1- August 1!8!5 namel'5 an' of the following acts committe% against persons ta@ing no acti*e part in the hostilities5 inclu%ing mem&ers of arme% forces who ha*e lai% %own their arms an% those place% hors %e com&at &' sic@ness5 woun%s5 %etention or an' other cause:

(i# Iiolence to life an% person5 in particular mur%er of all @in%s5 mutilation5 cruel treatment an% tortureF (ii# Committing outrages upon personal %ignit'5 in particular humiliating an% %egra%ing treatmentF (iii# ;a@ing of hostagesF (i*# ;he passing of sentences an% the carr'ing out of e+ecutions without pre*ious Bu%gement pronounce% &' a regularl' constitute% court5 affor%ing all Bu%icial guarantees which are generall' recogniAe% as in%ispensa&le.

(%# 4aragraph - (c# applies to arme% conflicts not of an international character an% thus %oes not appl' to situations of internal %istur&ances an% tensions5 such as riots5 isolate% an% spora%ic acts of *iolence or other acts of a similar nature.

(e# Other serious *iolations of the laws an% customs applica&le in arme% conflicts not of an international character5 within the esta&lishe% framewor@ of international law5 namel'5 an' of the following acts:

(i# :ntentionall' %irecting attac@s against the ci*ilian population as such or against in%i*i%ual ci*ilians not ta@ing %irect part in hostilitiesF (ii# :ntentionall' %irecting attac@s against &uil%ings5 material5 me%ical units an% transport5 an% personnel using the %istincti*e em&lems of the 7ene*a Con*entions in conformit' with international lawF (iii# :ntentionall' %irecting attac@s against personnel5 installations5 material5 units or *ehicles in*ol*e% in a humanitarian assistance or peace@eeping mission in accor%ance with the Charter of the Unite% Nations5 as long as the' are entitle% to the protection gi*en to ci*ilians or ci*ilian o&Bects un%er the international law of arme% conflictF (i*# :ntentionall' %irecting attac@s against &uil%ings %e%icate% to religion5 e%ucation5 art5 science or charita&le purposes5 historic monuments5 hospitals an% places where the sic@ an% woun%e% are collecte%5 pro*i%e% the' are not militar' o&Becti*esF (*# 4illaging a town or place5 e*en when ta@en &' assaultF (*i# Committing rape5 se+ual sla*er'5 enforce% prostitution5 force% pregnanc'5 as %efine% in article <5 paragraph - (f#5 enforce% steriliAation5 an% an' other form of se+ual *iolence also constituting a serious *iolation of article common to the four 7ene*a Con*entionsF (*ii# Conscripting or enlisting chil%ren un%er the age of fifteen 'ears into arme% forces or groups or using them to participate acti*el' in hostilitiesF (*iii# Or%ering the %isplacement of the ci*ilian population for reasons relate% to the conflict5 unless the securit' of the ci*ilians in*ol*e% or imperati*e militar' reasons so %eman%F (i+# 3illing or woun%ing treacherousl' a com&atant a%*ersar'F (+# Declaring that no Euarter will &e gi*enF (+i# 1u&Becting persons who are in the power of another part' to the conflict to ph'sical mutilation or to me%ical or scientific e+periments of an' @in% which are neither Bustifie% &' the me%ical5 %ental or hospital treatment of the person concerne% nor carrie% out in his or her interest5 an% which cause %eath to or seriousl' en%anger the health of such person or personsF

(+ii# Destro'ing or seiAing the propert' of an a%*ersar' unless such %estruction or seiAure &e imperati*el' %eman%e% &' the necessities of the conflictF

(f# 4aragraph - (e# applies to arme% conflicts not of an international character an% thus %oes not appl' to situations of internal %istur&ances an% tensions5 such as riots5 isolate% an% spora%ic acts of *iolence or other acts of a similar nature. :t applies to arme% conflicts that ta@e place in the territor' of a 1tate when there is protracte% arme% conflict &etween go*ernmental authorities an% organiAe% arme% groups or &etween such groups. . Nothing in paragraph - (c# an% (e# shall affect the responsi&ilit' of a 7o*ernment to maintain or re)esta&lish law an% or%er in the 1tate or to %efen% the unit' an% territorial integrit' of the 1tate5 &' all legitimate means. Article ! 0lements of Crimes 1. 0lements of Crimes shall assist the Court in the interpretation an% application of articles 25 < an% 8. ;he' shall &e a%opte% &' a two)thir%s maBorit' of the mem&ers of the Assem&l' of 1tates 4arties. -. Amen%ments to the 0lements of Crimes ma' &e propose% &': (a# An' 1tate 4art'F (&# ;he Bu%ges acting &' an a&solute maBorit'F (c# ;he 4rosecutor. 1uch amen%ments shall &e a%opte% &' a two)thir%s maBorit' of the mem&ers of the Assem&l' of 1tates 4arties. . ;he 0lements of Crimes an% amen%ments thereto shall &e consistent with this 1tatute. Article 1, Nothing in this 4art shall &e interprete% as limiting or preBu%icing in an' wa' e+isting or %e*eloping rules of international law for purposes other than this 1tatute. Article 11 .uris%iction ratione temporis

1. ;he Court has Buris%iction onl' with respect to crimes committe% after the entr' into force of this 1tatute. -. :f a 1tate &ecomes a 4art' to this 1tatute after its entr' into force5 the Court ma' e+ercise its Buris%iction onl' with respect to crimes committe% after the entr' into force of this 1tatute for that 1tate5 unless that 1tate has ma%e a %eclaration un%er article 1-5 paragraph . Article 14recon%itions to the e+ercise of Buris%iction 1. A 1tate which &ecomes a 4art' to this 1tatute there&' accepts the Buris%iction of the Court with respect to the crimes referre% to in article 9. -. :n the case of article 1 5 paragraph (a# or (c#5 the Court ma' e+ercise its Buris%iction if one or more of the following 1tates are 4arties to this 1tatute or ha*e accepte% the Buris%iction of the Court in accor%ance with paragraph : (a# ;he 1tate on the territor' of which the con%uct in Euestion occurre% or5 if the crime was committe% on &oar% a *essel or aircraft5 the 1tate of registration of that *essel or aircraftF (&# ;he 1tate of which the person accuse% of the crime is a national. . :f the acceptance of a 1tate which is not a 4art' to this 1tatute is reEuire% un%er paragraph -5 that 1tate ma'5 &' %eclaration lo%ge% with the =egistrar5 accept the e+ercise of Buris%iction &' the Court with respect to the crime in Euestion. ;he accepting 1tate shall cooperate with the Court without an' %ela' or e+ception in accor%ance with 4art !. Article 1 0+ercise of Buris%iction ;he Court ma' e+ercise its Buris%iction with respect to a crime referre% to in article 9 in accor%ance with the pro*isions of this 1tatute if: (a# A situation in which one or more of such crimes appears to ha*e &een committe% is referre% to the 4rosecutor &' a 1tate 4art' in accor%ance with article 18F (&# A situation in which one or more of such crimes appears to ha*e &een committe% is referre% to the 4rosecutor &' the 1ecurit' Council acting un%er Chapter I:: of the Charter of the Unite% NationsF or (c# ;he 4rosecutor has initiate% an in*estigation in respect of such a crime in accor%ance with article 19.

Article 18 =eferral of a situation &' a 1tate 4art' 1. A 1tate 4art' ma' refer to the 4rosecutor a situation in which one or more crimes within the Buris%iction of the Court appear to ha*e &een committe% reEuesting the 4rosecutor to in*estigate the situation for the purpose of %etermining whether one or more specific persons shoul% &e charge% with the commission of such crimes. -. As far as possi&le5 a referral shall specif' the rele*ant circumstances an% &e accompanie% &' such supporting %ocumentation as is a*aila&le to the 1tate referring the situation. Article 19 4rosecutor 1. ;he 4rosecutor ma' initiate in*estigations proprio motu on the &asis of information on crimes within the Buris%iction of the Court. -. ;he 4rosecutor shall anal'se the seriousness of the information recei*e%. For this purpose5 he or she ma' see@ a%%itional information from 1tates5 organs of the Unite% Nations5 intergo*ernmental or non)go*ernmental organiAations5 or other relia&le sources that he or she %eems appropriate5 an% ma' recei*e written or oral testimon' at the seat of the Court. . :f the 4rosecutor conclu%es that there is a reasona&le &asis to procee% with an in*estigation5 he or she shall su&mit to the 4re);rial Cham&er a reEuest for authoriAation of an in*estigation5 together with an' supporting material collecte%. Iictims ma' ma@e representations to the 4re);rial Cham&er5 in accor%ance with the =ules of 4roce%ure an% 0*i%ence. 8. :f the 4re);rial Cham&er5 upon e+amination of the reEuest an% the supporting material5 consi%ers that there is a reasona&le &asis to procee% with an in*estigation5 an% that the case appears to fall within the Buris%iction of the Court5 it shall authoriAe the commencement of the in*estigation5 without preBu%ice to su&seEuent %eterminations &' the Court with regar% to the Buris%iction an% a%missi&ilit' of a case. 9. ;he refusal of the 4re);rial Cham&er to authoriAe the in*estigation shall not preclu%e the presentation of a su&seEuent reEuest &' the 4rosecutor &ase% on new facts or e*i%ence regar%ing the same situation. 2. :f5 after the preliminar' e+amination referre% to in paragraphs 1 an% -5 the 4rosecutor conclu%es that the information pro*i%e% %oes not constitute a reasona&le &asis for an in*estigation5 he or she shall inform those who pro*i%e% the information. ;his shall not

preclu%e the 4rosecutor from consi%ering further information su&mitte% to him or her regar%ing the same situation in the light of new facts or e*i%ence. Article 12 Deferral of in*estigation or prosecution No in*estigation or prosecution ma' &e commence% or procee%e% with un%er this 1tatute for a perio% of 1- months after the 1ecurit' Council5 in a resolution a%opte% un%er Chapter I:: of the Charter of the Unite% Nations5 has reEueste% the Court to that effectF that reEuest ma' &e renewe% &' the Council un%er the same con%itions. Article 1< :ssues of a%missi&ilit' 1. Ca*ing regar% to paragraph 1, of the 4ream&le an% article 15 the Court shall %etermine that a case is ina%missi&le where: (a# ;he case is &eing in*estigate% or prosecute% &' a 1tate which has Buris%iction o*er it5 unless the 1tate is unwilling or una&le genuinel' to carr' out the in*estigation or prosecutionF (&# ;he case has &een in*estigate% &' a 1tate which has Buris%iction o*er it an% the 1tate has %eci%e% not to prosecute the person concerne%5 unless the %ecision resulte% from the unwillingness or ina&ilit' of the 1tate genuinel' to prosecuteF (c# ;he person concerne% has alrea%' &een trie% for con%uct which is the su&Bect of the complaint5 an% a trial &' the Court is not permitte% un%er article -,5 paragraph F (%# ;he case is not of sufficient gra*it' to Bustif' further action &' the Court. -. :n or%er to %etermine unwillingness in a particular case5 the Court shall consi%er5 ha*ing regar% to the principles of %ue process recogniAe% &' international law5 whether one or more of the following e+ist5 as applica&le: (a# ;he procee%ings were or are &eing un%erta@en or the national %ecision was ma%e for the purpose of shiel%ing the person concerne% from criminal responsi&ilit' for crimes within the Buris%iction of the Court referre% to in article 9F (&# ;here has &een an unBustifie% %ela' in the procee%ings which in the circumstances is inconsistent with an intent to &ring the person concerne% to BusticeF (c# ;he procee%ings were not or are not &eing con%ucte% in%epen%entl' or impartiall'5 an% the' were or are &eing con%ucte% in a manner which5 in the circumstances5 is inconsistent with an intent to &ring the person concerne% to Bustice.

. :n or%er to %etermine ina&ilit' in a particular case5 the Court shall consi%er whether5 %ue to a total or su&stantial collapse or una*aila&ilit' of its national Bu%icial s'stem5 the 1tate is una&le to o&tain the accuse% or the necessar' e*i%ence an% testimon' or otherwise una&le to carr' out its procee%ings. Article 18 4reliminar' rulings regar%ing a%missi&ilit' 1. Ghen a situation has &een referre% to the Court pursuant to article 1 (a# an% the 4rosecutor has %etermine% that there woul% &e a reasona&le &asis to commence an in*estigation5 or the 4rosecutor initiates an in*estigation pursuant to articles 1 (c# an% 195 the 4rosecutor shall notif' all 1tates 4arties an% those 1tates which5 ta@ing into account the information a*aila&le5 woul% normall' e+ercise Buris%iction o*er the crimes concerne%. ;he 4rosecutor ma' notif' such 1tates on a confi%ential &asis an%5 where the 4rosecutor &elie*es it necessar' to protect persons5 pre*ent %estruction of e*i%ence or pre*ent the a&scon%ing of persons5 ma' limit the scope of the information pro*i%e% to 1tates. -. Githin one month of receipt of that notification5 a 1tate ma' inform the Court that it is in*estigating or has in*estigate% its nationals or others within its Buris%iction with respect to criminal acts which ma' constitute crimes referre% to in article 9 an% which relate to the information pro*i%e% in the notification to 1tates. At the reEuest of that 1tate5 the 4rosecutor shall %efer to the 1tateHs in*estigation of those persons unless the 4re);rial Cham&er5 on the application of the 4rosecutor5 %eci%es to authoriAe the in*estigation. . ;he 4rosecutorHs %eferral to a 1tateHs in*estigation shall &e open to re*iew &' the 4rosecutor si+ months after the %ate of %eferral or at an' time when there has &een a significant change of circumstances &ase% on the 1tateHs unwillingness or ina&ilit' genuinel' to carr' out the in*estigation. 8. ;he 1tate concerne% or the 4rosecutor ma' appeal to the Appeals Cham&er against a ruling of the 4re);rial Cham&er5 in accor%ance with article 8-. ;he appeal ma' &e hear% on an e+pe%ite% &asis. 9. Ghen the 4rosecutor has %eferre% an in*estigation in accor%ance with paragraph -5 the 4rosecutor ma' reEuest that the 1tate concerne% perio%icall' inform the 4rosecutor of the progress of its in*estigations an% an' su&seEuent prosecutions. 1tates 4arties shall respon% to such reEuests without un%ue %ela'. 2. 4en%ing a ruling &' the 4re);rial Cham&er5 or at an' time when the 4rosecutor has %eferre% an in*estigation un%er this article5 the 4rosecutor ma'5 on an e+ceptional &asis5 see@ authorit' from the 4re);rial Cham&er to pursue necessar' in*estigati*e steps for the purpose of preser*ing e*i%ence where there is a uniEue opportunit' to o&tain important e*i%ence or there is a significant ris@ that such e*i%ence ma' not &e su&seEuentl' a*aila&le.

<. A 1tate which has challenge% a ruling of the 4re);rial Cham&er un%er this article ma' challenge the a%missi&ilit' of a case un%er article 1! on the groun%s of a%%itional significant facts or significant change of circumstances. Article 1! Challenges to the Buris%iction of the Court or the a%missi&ilit' of a case 1. ;he Court shall satisf' itself that it has Buris%iction in an' case &rought &efore it. ;he Court ma'5 on its own motion5 %etermine the a%missi&ilit' of a case in accor%ance with article 1<. -. Challenges to the a%missi&ilit' of a case on the groun%s referre% to in article 1< or challenges to the Buris%iction of the Court ma' &e ma%e &': (a# An accuse% or a person for whom a warrant of arrest or a summons to appear has &een issue% un%er article 98F (&# A 1tate which has Buris%iction o*er a case5 on the groun% that it is in*estigating or prosecuting the case or has in*estigate% or prosecute%F or (c# A 1tate from which acceptance of Buris%iction is reEuire% un%er article 1-. . ;he 4rosecutor ma' see@ a ruling from the Court regar%ing a Euestion of Buris%iction or a%missi&ilit'. :n procee%ings with respect to Buris%iction or a%missi&ilit'5 those who ha*e referre% the situation un%er article 1 5 as well as *ictims5 ma' also su&mit o&ser*ations to the Court. 8. ;he a%missi&ilit' of a case or the Buris%iction of the Court ma' &e challenge% onl' once &' an' person or 1tate referre% to in paragraph -. ;he challenge shall ta@e place prior to or at the commencement of the trial. :n e+ceptional circumstances5 the Court ma' grant lea*e for a challenge to &e &rought more than once or at a time later than the commencement of the trial. Challenges to the a%missi&ilit' of a case5 at the commencement of a trial5 or su&seEuentl' with the lea*e of the Court5 ma' &e &ase% onl' on article 1<5 paragraph 1 (c#. 9. A 1tate referre% to in paragraph - (&# an% (c# shall ma@e a challenge at the earliest opportunit'. 2. 4rior to the confirmation of the charges5 challenges to the a%missi&ilit' of a case or challenges to the Buris%iction of the Court shall &e referre% to the 4re);rial Cham&er. After confirmation of the charges5 the' shall &e referre% to the ;rial Cham&er. Decisions with respect to Buris%iction or a%missi&ilit' ma' &e appeale% to the Appeals Cham&er in accor%ance with article 8-.

<. :f a challenge is ma%e &' a 1tate referre% to in paragraph - (&# or (c#5 the 4rosecutor shall suspen% the in*estigation until such time as the Court ma@es a %etermination in accor%ance with article 1<. 8. 4en%ing a ruling &' the Court5 the 4rosecutor ma' see@ authorit' from the Court: (a# ;o pursue necessar' in*estigati*e steps of the @in% referre% to in article 185 paragraph 2F (&# ;o ta@e a statement or testimon' from a witness or complete the collection an% e+amination of e*i%ence which ha% &egun prior to the ma@ing of the challengeF an% (c# :n cooperation with the rele*ant 1tates5 to pre*ent the a&scon%ing of persons in respect of whom the 4rosecutor has alrea%' reEueste% a warrant of arrest un%er article 98. !. ;he ma@ing of a challenge shall not affect the *ali%it' of an' act performe% &' the 4rosecutor or an' or%er or warrant issue% &' the Court prior to the ma@ing of the challenge. 1,. :f the Court has %eci%e% that a case is ina%missi&le un%er article 1<5 the 4rosecutor ma' su&mit a reEuest for a re*iew of the %ecision when he or she is full' satisfie% that new facts ha*e arisen which negate the &asis on which the case ha% pre*iousl' &een foun% ina%missi&le un%er article 1<. 11. :f the 4rosecutor5 ha*ing regar% to the matters referre% to in article 1<5 %efers an in*estigation5 the 4rosecutor ma' reEuest that the rele*ant 1tate ma@e a*aila&le to the 4rosecutor information on the procee%ings. ;hat information shall5 at the reEuest of the 1tate concerne%5 &e confi%ential. :f the 4rosecutor thereafter %eci%es to procee% with an in*estigation5 he or she shall notif' the 1tate to which %eferral of the procee%ings has ta@en place. Article -, Ne &is in i%em 1. 0+cept as pro*i%e% in this 1tatute5 no person shall &e trie% &efore the Court with respect to con%uct which forme% the &asis of crimes for which the person has &een con*icte% or acEuitte% &' the Court. -. No person shall &e trie% &' another court for a crime referre% to in article 9 for which that person has alrea%' &een con*icte% or acEuitte% &' the Court. . No person who has &een trie% &' another court for con%uct also proscri&e% un%er article 25 < or 8 shall &e trie% &' the Court with respect to the same con%uct unless the procee%ings in the other court:

(a# Gere for the purpose of shiel%ing the person concerne% from criminal responsi&ilit' for crimes within the Buris%iction of the CourtF or (&# Otherwise were not con%ucte% in%epen%entl' or impartiall' in accor%ance with the norms of %ue process recogniAe% &' international law an% were con%ucte% in a manner which5 in the circumstances5 was inconsistent with an intent to &ring the person concerne% to Bustice. Article -1 Applica&le law 1. ;he Court shall appl': (a# :n the first place5 this 1tatute5 0lements of Crimes an% its =ules of 4roce%ure an% 0*i%enceF (&# :n the secon% place5 where appropriate5 applica&le treaties an% the principles an% rules of international law5 inclu%ing the esta&lishe% principles of the international law of arme% conflictF (c# Failing that5 general principles of law %eri*e% &' the Court from national laws of legal s'stems of the worl% inclu%ing5 as appropriate5 the national laws of 1tates that woul% normall' e+ercise Buris%iction o*er the crime5 pro*i%e% that those principles are not inconsistent with this 1tatute an% with international law an% internationall' recogniAe% norms an% stan%ar%s. -. ;he Court ma' appl' principles an% rules of law as interprete% in its pre*ious %ecisions. . ;he application an% interpretation of law pursuant to this article must &e consistent with internationall' recogniAe% human rights5 an% &e without an' a%*erse %istinction foun%e% on groun%s such as gen%er as %efine% in article <5 paragraph 5 age5 race5 colour5 language5 religion or &elief5 political or other opinion5 national5 ethnic or social origin5 wealth5 &irth or other status.

PART &. 'ENERAL PRINCIPLES OF CRIMINAL LA%


Article -Nullum crimen sine lege 1. A person shall not &e criminall' responsi&le un%er this 1tatute unless the con%uct in Euestion constitutes5 at the time it ta@es place5 a crime within the Buris%iction of the Court.

-. ;he %efinition of a crime shall &e strictl' construe% an% shall not &e e+ten%e% &' analog'. :n case of am&iguit'5 the %efinition shall &e interprete% in fa*our of the person &eing in*estigate%5 prosecute% or con*icte%. . ;his article shall not affect the characteriAation of an' con%uct as criminal un%er international law in%epen%entl' of this 1tatute. Article Nulla poena sine lege A person con*icte% &' the Court ma' &e punishe% onl' in accor%ance with this 1tatute. Article -8 Non)retroacti*it' ratione personae 1. No person shall &e criminall' responsi&le un%er this 1tatute for con%uct prior to the entr' into force of the 1tatute. -. :n the e*ent of a change in the law applica&le to a gi*en case prior to a final Bu%gement5 the law more fa*oura&le to the person &eing in*estigate%5 prosecute% or con*icte% shall appl'. Article -9 :n%i*i%ual criminal responsi&ilit' 1. ;he Court shall ha*e Buris%iction o*er natural persons pursuant to this 1tatute. -. A person who commits a crime within the Buris%iction of the Court shall &e in%i*i%uall' responsi&le an% lia&le for punishment in accor%ance with this 1tatute. . :n accor%ance with this 1tatute5 a person shall &e criminall' responsi&le an% lia&le for punishment for a crime within the Buris%iction of the Court if that person: (a# Commits such a crime5 whether as an in%i*i%ual5 Bointl' with another or through another person5 regar%less of whether that other person is criminall' responsi&leF (&# Or%ers5 solicits or in%uces the commission of such a crime which in fact occurs or is attempte%F (c# For the purpose of facilitating the commission of such a crime5 ai%s5 a&ets or otherwise assists in its commission or its attempte% commission5 inclu%ing pro*i%ing the means for its commissionF

(%# :n an' other wa' contri&utes to the commission or attempte% commission of such a crime &' a group of persons acting with a common purpose. 1uch contri&ution shall &e intentional an% shall either: (i# ?e ma%e with the aim of furthering the criminal acti*it' or criminal purpose of the group5 where such acti*it' or purpose in*ol*es the commission of a crime within the Buris%iction of theCourtF or (ii# ?e ma%e in the @nowle%ge of the intention of the group to commit the crimeF

(e# :n respect of the crime of genoci%e5 %irectl' an% pu&licl' incites others to commit genoci%eF (f# Attempts to commit such a crime &' ta@ing action that commences its e+ecution &' means of a su&stantial step5 &ut the crime %oes not occur &ecause of circumstances in%epen%ent of the personHs intentions. Cowe*er5 a person who a&an%ons the effort to commit the crime or otherwise pre*ents the completion of the crime shall not &e lia&le for punishment un%er this 1tatute for the attempt to commit that crime if that person completel' an% *oluntaril' ga*e up the criminal purpose. 8. No pro*ision in this 1tatute relating to in%i*i%ual criminal responsi&ilit' shall affect the responsi&ilit' of 1tates un%er international law. Article -2 0+clusion of Buris%iction o*er persons un%er eighteen ;he Court shall ha*e no Buris%iction o*er an' person who was un%er the age of 18 at the time of the allege% commission of a crime. Article -< :rrele*ance of official capacit' 1. ;his 1tatute shall appl' eEuall' to all persons without an' %istinction &ase% on official capacit'. :n particular5 official capacit' as a Cea% of 1tate or 7o*ernment5 a mem&er of a 7o*ernment or parliament5 an electe% representati*e or a go*ernment official shall in no case e+empt a person from criminal responsi&ilit' un%er this 1tatute5 nor shall it5 in an% of itself5 constitute a groun% for re%uction of sentence. -. :mmunities or special proce%ural rules which ma' attach to the official capacit' of a person5 whether un%er national or international law5 shall not &ar the Court from e+ercising its Buris%iction o*er such a person.

Article -8 =esponsi&ilit' of comman%ers an% other superiors :n a%%ition to other groun%s of criminal responsi&ilit' un%er this 1tatute for crimes within the Buris%iction of the Court: (a# A militar' comman%er or person effecti*el' acting as a militar' comman%er shall &e criminall' responsi&le for crimes within the Buris%iction of the Court committe% &' forces un%er his or her effecti*e comman% an% control5 or effecti*e authorit' an% control as the case ma' &e5 as a result of his or her failure to e+ercise control properl' o*er such forces5 where: (i# ;hat militar' comman%er or person either @new or5 owing to the circumstances at the time5 shoul% ha*e @nown that the forces were committing or a&out to commit such crimesF an% (ii# ;hat militar' comman%er or person faile% to ta@e all necessar' an% reasona&le measures within his or her power to pre*ent or repress their commission or to su&mit the matter to the competent authorities for in*estigation an% prosecution.

(&# Gith respect to superior an% su&or%inate relationships not %escri&e% in paragraph (a#5 a superior shall &e criminall' responsi&le for crimes within the Buris%iction of the Court committe% &' su&or%inates un%er his or her effecti*e authorit' an% control5 as a result of his or her failure to e+ercise control properl' o*er such su&or%inates5 where:

(i# ;he superior either @new5 or consciousl' %isregar%e% information which clearl' in%icate%5 that the su&or%inates were committing or a&out to commit such crimesF (ii# ;he crimes concerne% acti*ities that were within the effecti*e responsi&ilit' an% control of the superiorF an% (iii# ;he superior faile% to ta@e all necessar' an% reasona&le measures within his or her power to pre*ent or repress their commission or to su&mit the matter to the competent authorities for in*estigation an% prosecution. Article -! Non)applica&ilit' of statute of limitations ;he crimes within the Buris%iction of the Court shall not &e su&Bect to an' statute of limitations.

Article , >ental element 1. Unless otherwise pro*i%e%5 a person shall &e criminall' responsi&le an% lia&le for punishment for a crime within the Buris%iction of the Court onl' if the material elements are committe% with intent an% @nowle%ge. -. For the purposes of this article5 a person has intent where: (a# :n relation to con%uct5 that person means to engage in the con%uctF (&# :n relation to a conseEuence5 that person means to cause that conseEuence or is aware that it will occur in the or%inar' course of e*ents. . For the purposes of this article5 D@nowle%geD means awareness that a circumstance e+ists or a conseEuence will occur in the or%inar' course of e*ents. D3nowD an% D@nowingl'D shall &e construe% accor%ingl'. Article 1 7roun%s for e+clu%ing criminal responsi&ilit' 1. :n a%%ition to other groun%s for e+clu%ing criminal responsi&ilit' pro*i%e% for in this 1tatute5 a person shall not &e criminall' responsi&le if5 at the time of that personHs con%uct: (a# ;he person suffers from a mental %isease or %efect that %estro's that personHs capacit' to appreciate the unlawfulness or nature of his or her con%uct5 or capacit' to control his or her con%uct to conform to the reEuirements of lawF (&# ;he person is in a state of into+ication that %estro's that personHs capacit' to appreciate the unlawfulness or nature of his or her con%uct5 or capacit' to control his or her con%uct to conform to the reEuirements of law5 unless the person has &ecome *oluntaril' into+icate% un%er such circumstances that the person @new5 or %isregar%e% the ris@5 that5 as a result of the into+ication5 he or she was li@el' to engage in con%uct constituting a crime within the Buris%iction of the CourtF (c# ;he person acts reasona&l' to %efen% himself or herself or another person or5 in the case of war crimes5 propert' which is essential for the sur*i*al of the person or another person or propert' which is essential for accomplishing a militar' mission5 against an imminent an% unlawful use of force in a manner proportionate to the %egree of %anger to the person or the other person or propert' protecte%. ;he fact that the person was in*ol*e% in a %efensi*e operation con%ucte% &' forces shall not in itself constitute a groun% for e+clu%ing criminal responsi&ilit' un%er this su&paragraphF

(%# ;he con%uct which is allege% to constitute a crime within the Buris%iction of the Court has &een cause% &' %uress resulting from a threat of imminent %eath or of continuing or imminent serious &o%il' harm against that person or another person5 an% the person acts necessaril' an% reasona&l' to a*oi% this threat5 pro*i%e% that the person %oes not inten% to cause a greater harm than the one sought to &e a*oi%e%. 1uch a threat ma' either &e: (i# >a%e &' other personsF or (ii# Constitute% &' other circumstances &e'on% that personHs control. -. ;he Court shall %etermine the applica&ilit' of the groun%s for e+clu%ing criminal responsi&ilit' pro*i%e% for in this 1tatute to the case &efore it. . At trial5 the Court ma' consi%er a groun% for e+clu%ing criminal responsi&ilit' other than those referre% to in paragraph 1 where such a groun% is %eri*e% from applica&le law as set forth in article -1. ;he proce%ures relating to the consi%eration of such a groun% shall &e pro*i%e% for in the =ules of 4roce%ure an% 0*i%ence. Article >ista@e of fact or mista@e of law 1. A mista@e of fact shall &e a groun% for e+clu%ing criminal responsi&ilit' onl' if it negates the mental element reEuire% &' the crime. -. A mista@e of law as to whether a particular t'pe of con%uct is a crime within the Buris%iction of the Court shall not &e a groun% for e+clu%ing criminal responsi&ilit'. A mista@e of law ma'5 howe*er5 &e a groun% for e+clu%ing criminal responsi&ilit' if it negates the mental element reEuire% &' such a crime5 or as pro*i%e% for in article . Article 1uperior or%ers an% prescription of law 1. ;he fact that a crime within the Buris%iction of the Court has &een committe% &' a person pursuant to an or%er of a 7o*ernment or of a superior5 whether militar' or ci*ilian5 shall not relie*e that person of criminal responsi&ilit' unless: (a# ;he person was un%er a legal o&ligation to o&e' or%ers of the 7o*ernment or the superior in EuestionF (&# ;he person %i% not @now that the or%er was unlawfulF an% (c# ;he or%er was not manifestl' unlawful.

-. For the purposes of this article5 or%ers to commit genoci%e or crimes against humanit' are manifestl' unlawful.

PART (. COMPOSITION AN" A"MINISTRATION OF THE COURT


Article 8 Organs of the Court ;he Court shall &e compose% of the following organs: (a# ;he 4resi%enc'F (&# An Appeals Di*ision5 a ;rial Di*ision an% a 4re);rial Di*isionF (c# ;he Office of the 4rosecutorF (%# ;he =egistr'. Article 9 1er*ice of Bu%ges 1. All Bu%ges shall &e electe% as full)time mem&ers of the Court an% shall &e a*aila&le to ser*e on that &asis from the commencement of their terms of office. -. ;he Bu%ges composing the 4resi%enc' shall ser*e on a full)time &asis as soon as the' are electe%. . ;he 4resi%enc' ma'5 on the &asis of the wor@loa% of the Court an% in consultation with its mem&ers5 %eci%e from time to time to what e+tent the remaining Bu%ges shall &e reEuire% to ser*e on a full)time &asis. An' such arrangement shall &e without preBu%ice to the pro*isions of article 8,. 8. ;he financial arrangements for Bu%ges not reEuire% to ser*e on a full)time &asis shall &e ma%e in accor%ance with article 8!. Article 2 Jualifications5 nomination an% election of Bu%ges 1. 1u&Bect to the pro*isions of paragraph -5 there shall &e 18 Bu%ges of the Court. -. (a# ;he 4resi%enc'5 acting on &ehalf of the Court5 ma' propose an increase in the num&er of Bu%ges specifie% in paragraph 15 in%icating the reasons wh' this is consi%ere%

necessar' an% appropriate. ;he =egistrar shall promptl' circulate an' such proposal to all 1tates 4arties. (&# An' such proposal shall then &e consi%ere% at a meeting of the Assem&l' of 1tates 4arties to &e con*ene% in accor%ance with article 11-. ;he proposal shall &e consi%ere% a%opte% if appro*e% at the meeting &' a *ote of two thir%s of the mem&ers of the Assem&l' of 1tates 4arties an% shall enter into force at such time as %eci%e% &' the Assem&l' of 1tates 4arties. (c# (i# Once a proposal for an increase in the num&er of Bu%ges has &een a%opte% un%er su&paragraph (&#5 the election of the a%%itional Bu%ges shall ta@e place at the ne+t session of the Assem&l' of 1tates 4arties in accor%ance with paragraphs to 85 an% article <5 paragraph -F (ii# Once a proposal for an increase in the num&er of Bu%ges has &een a%opte% an% &rought into effect un%er su&paragraphs (&# an% (c# (i#5 it shall &e open to the 4resi%enc' at an' time thereafter5 if the wor@loa% of the Court Bustifies it5 to propose a re%uction in the num&er of Bu%ges5 pro*i%e% that the num&er of Bu%ges shall not &e re%uce% &elow that specifie% in paragraph 1. ;he proposal shall &e %ealt with in accor%ance with the proce%ure lai% %own in su&paragraphs (a# an% (&#. :n the e*ent that the proposal is a%opte%5 the num&er of Bu%ges shall &e progressi*el' %ecrease% as the terms of office of ser*ing Bu%ges e+pire5 until the necessar' num&er has &een reache%. . (a# ;he Bu%ges shall &e chosen from among persons of high moral character5 impartialit' an% integrit' who possess the Eualifications reEuire% in their respecti*e 1tates for appointment to the highest Bu%icial offices. (&# 0*er' can%i%ate for election to the Court shall: (i# Ca*e esta&lishe% competence in criminal law an% proce%ure5 an% the necessar' rele*ant e+perience5 whether as Bu%ge5 prosecutor5 a%*ocate or in other similar capacit'5 in criminal procee%ingsF or (ii# Ca*e esta&lishe% competence in rele*ant areas of international law such as international humanitarian law an% the law of human rights5 an% e+tensi*e e+perience in a professional legal capacit' which is of rele*ance to the Bu%icial wor@ of the CourtF (c# 0*er' can%i%ate for election to the Court shall ha*e an e+cellent @nowle%ge of an% &e fluent in at least one of the wor@ing languages of the Court. 8. (a# Nominations of can%i%ates for election to the Court ma' &e ma%e &' an' 1tate 4art' to this 1tatute5 an% shall &e ma%e either: (i# ?' the proce%ure for the nomination of can%i%ates for appointment to the highest Bu%icial offices in the 1tate in EuestionF or

(ii# ?' the proce%ure pro*i%e% for the nomination of can%i%ates for the :nternational Court of .ustice in the 1tatute of that Court. Nominations shall &e accompanie% &' a statement in the necessar' %etail specif'ing how the can%i%ate fulfils the reEuirements of paragraph . (&# 0ach 1tate 4art' ma' put forwar% one can%i%ate for an' gi*en election who nee% not necessaril' &e a national of that 1tate 4art' &ut shall in an' case &e a national of a 1tate 4art'. (c# ;he Assem&l' of 1tates 4arties ma' %eci%e to esta&lish5 if appropriate5 an A%*isor' Committee on nominations. :n that e*ent5 the CommitteeHs composition an% man%ate shall &e esta&lishe% &' the Assem&l' of 1tates 4arties. 9. For the purposes of the election5 there shall &e two lists of can%i%ates: 6ist A containing the names of can%i%ates with the Eualifications specifie% in paragraph (&# (i#F an% 6ist ? containing the names of can%i%ates with the Eualifications specifie% in paragraph (&# (ii#. A can%i%ate with sufficient Eualifications for &oth lists ma' choose on which list to appear. At the first election to the Court5 at least nine Bu%ges shall &e electe% from list A an% at least fi*e Bu%ges from list ?. 1u&seEuent elections shall &e so organiAe% as to maintain the eEui*alent proportion on the Court of Bu%ges Eualifie% on the two lists. 2. (a# ;he Bu%ges shall &e electe% &' secret &allot at a meeting of the Assem&l' of 1tates 4arties con*ene% for that purpose un%er article 11-. 1u&Bect to paragraph <5 the persons electe% to the Court shall &e the 18 can%i%ates who o&tain the highest num&er of *otes an% a two)thir%s maBorit' of the 1tates 4arties present an% *oting. (&# :n the e*ent that a sufficient num&er of Bu%ges is not electe% on the first &allot5 successi*e &allots shall &e hel% in accor%ance with the proce%ures lai% %own in su&paragraph (a# until the remaining places ha*e &een fille%. <. No two Bu%ges ma' &e nationals of the same 1tate. A person who5 for the purposes of mem&ership of the Court5 coul% &e regar%e% as a national of more than one 1tate shall &e %eeme% to &e a national of the 1tate in which that person or%inaril' e+ercises ci*il an% political rights. 8. (a# ;he 1tates 4arties shall5 in the selection of Bu%ges5 ta@e into account the nee%5 within the mem&ership of the Court5 for: (i# ;he representation of the principal legal s'stems of the worl%F (ii# 0Euita&le geographical representationF an%

(iii# A fair representation of female an% male Bu%ges. (&# 1tates 4arties shall also ta@e into account the nee% to inclu%e Bu%ges with legal e+pertise on specific issues5 inclu%ing5 &ut not limite% to5 *iolence against women or chil%ren. !. (a# 1u&Bect to su&paragraph (&#5 Bu%ges shall hol% office for a term of nine 'ears an%5 su&Bect to su&paragraph (c# an% to article <5 paragraph -5 shall not &e eligi&le for re) election. (&# At the first election5 one thir% of the Bu%ges electe% shall &e selecte% &' lot to ser*e for a term of three 'earsF one thir% of the Bu%ges electe% shall &e selecte% &' lot to ser*e for a term of si+ 'earsF an% the remain%er shall ser*e for a term of nine 'ears. (c# A Bu%ge who is selecte% to ser*e for a term of three 'ears un%er su&paragraph (&# shall &e eligi&le for re)election for a full term. 1,. Notwithstan%ing paragraph !5 a Bu%ge assigne% to a ;rial or Appeals Cham&er in accor%ance with article ! shall continue in office to complete an' trial or appeal the hearing of which has alrea%' commence% &efore that Cham&er. Article < .u%icial *acancies 1. :n the e*ent of a *acanc'5 an election shall &e hel% in accor%ance with article 2 to fill the *acanc'. -. A Bu%ge electe% to fill a *acanc' shall ser*e for the remain%er of the pre%ecessorHs term an%5 if that perio% is three 'ears or less5 shall &e eligi&le for re)election for a full term un%er article 2. Article 8 ;he 4resi%enc' 1. ;he 4resi%ent an% the First an% 1econ% Iice)4resi%ents shall &e electe% &' an a&solute maBorit' of the Bu%ges. ;he' shall each ser*e for a term of three 'ears or until the en% of their respecti*e terms of office as Bu%ges5 whiche*er e+pires earlier. ;he' shall &e eligi&le for re)election once. -. ;he First Iice)4resi%ent shall act in place of the 4resi%ent in the e*ent that the 4resi%ent is una*aila&le or %isEualifie%. ;he 1econ% Iice)4resi%ent shall act in place of the 4resi%ent in the e*ent that &oth the 4resi%ent an% the First Iice)4resi%ent are una*aila&le or %isEualifie%.

. ;he 4resi%ent5 together with the First an% 1econ% Iice)4resi%ents5 shall constitute the 4resi%enc'5 which shall &e responsi&le for: (a# ;he proper a%ministration of the Court5 with the e+ception of the Office of the 4rosecutorF an% (&# ;he other functions conferre% upon it in accor%ance with this 1tatute. 8. :n %ischarging its responsi&ilit' un%er paragraph (a#5 the 4resi%enc' shall coor%inate with an% see@ the concurrence of the 4rosecutor on all matters of mutual concern. Article ! Cham&ers 1. As soon as possi&le after the election of the Bu%ges5 the Court shall organiAe itself into the %i*isions specifie% in article 85 paragraph (&#. ;he Appeals Di*ision shall &e compose% of the 4resi%ent an% four other Bu%ges5 the ;rial Di*ision of not less than si+ Bu%ges an% the 4re);rial Di*ision of not less than si+ Bu%ges. ;he assignment of Bu%ges to %i*isions shall &e &ase% on the nature of the functions to &e performe% &' each %i*ision an% the Eualifications an% e+perience of the Bu%ges electe% to the Court5 in such a wa' that each %i*ision shall contain an appropriate com&ination of e+pertise in criminal law an% proce%ure an% in international law. ;he ;rial an% 4re);rial Di*isions shall &e compose% pre%ominantl' of Bu%ges with criminal trial e+perience. -. (a# ;he Bu%icial functions of the Court shall &e carrie% out in each %i*ision &' Cham&ers. (&# (i# ;he Appeals Cham&er shall &e compose% of all the Bu%ges of the Appeals Di*isionF (ii# ;he functions of the ;rial Cham&er shall &e carrie% out &' three Bu%ges of the ;rial Di*isionF (iii# ;he functions of the 4re);rial Cham&er shall &e carrie% out either &' three Bu%ges of the 4re);rial Di*ision or &' a single Bu%ge of that %i*ision in accor%ance with this 1tatute an% the =ules of 4roce%ure an% 0*i%enceF (c# Nothing in this paragraph shall preclu%e the simultaneous constitution of more than one ;rial Cham&er or 4re);rial Cham&er when the efficient management of the CourtHs wor@loa% so reEuires. . (a# .u%ges assigne% to the ;rial an% 4re);rial Di*isions shall ser*e in those %i*isions for a perio% of three 'ears5 an% thereafter until the completion of an' case the hearing of which has alrea%' commence% in the %i*ision concerne%.

(&# .u%ges assigne% to the Appeals Di*ision shall ser*e in that %i*ision for their entire term of office. 8. .u%ges assigne% to the Appeals Di*ision shall ser*e onl' in that %i*ision. Nothing in this article shall5 howe*er5 preclu%e the temporar' attachment of Bu%ges from the ;rial Di*ision to the 4re);rial Di*ision or *ice *ersa5 if the 4resi%enc' consi%ers that the efficient management of the CourtHs wor@loa% so reEuires5 pro*i%e% that un%er no circumstances shall a Bu%ge who has participate% in the pre)trial phase of a case &e eligi&le to sit on the ;rial Cham&er hearing that case. Article 8, :n%epen%ence of the Bu%ges 1. ;he Bu%ges shall &e in%epen%ent in the performance of their functions. -. .u%ges shall not engage in an' acti*it' which is li@el' to interfere with their Bu%icial functions or to affect confi%ence in their in%epen%ence. . .u%ges reEuire% to ser*e on a full)time &asis at the seat of the Court shall not engage in an' other occupation of a professional nature. 8. An' Euestion regar%ing the application of paragraphs - an% shall &e %eci%e% &' an a&solute maBorit' of the Bu%ges. Ghere an' such Euestion concerns an in%i*i%ual Bu%ge5 that Bu%ge shall not ta@e part in the %ecision. Article 81 0+cusing an% %isEualification of Bu%ges 1. ;he 4resi%enc' ma'5 at the reEuest of a Bu%ge5 e+cuse that Bu%ge from the e+ercise of a function un%er this 1tatute5 in accor%ance with the =ules of 4roce%ure an% 0*i%ence. -. (a# A Bu%ge shall not participate in an' case in which his or her impartialit' might reasona&l' &e %ou&te% on an' groun%. A Bu%ge shall &e %isEualifie% from a case in accor%ance with this paragraph if5 inter alia5 that Bu%ge has pre*iousl' &een in*ol*e% in an' capacit' in that case &efore the Court or in a relate% criminal case at the national le*el in*ol*ing the person &eing in*estigate% or prosecute%. A Bu%ge shall also &e %isEualifie% on such other groun%s as ma' &e pro*i%e% for in the =ules of 4roce%ure an% 0*i%ence. (&# ;he 4rosecutor or the person &eing in*estigate% or prosecute% ma' reEuest the %isEualification of a Bu%ge un%er this paragraph.

(c# An' Euestion as to the %isEualification of a Bu%ge shall &e %eci%e% &' an a&solute maBorit' of the Bu%ges. ;he challenge% Bu%ge shall &e entitle% to present his or her comments on the matter5 &ut shall not ta@e part in the %ecision. Article 8;he Office of the 4rosecutor 1. ;he Office of the 4rosecutor shall act in%epen%entl' as a separate organ of the Court. :t shall &e responsi&le for recei*ing referrals an% an' su&stantiate% information on crimes within the Buris%iction of the Court5 for e+amining them an% for con%ucting in*estigations an% prosecutions &efore the Court. A mem&er of the Office shall not see@ or act on instructions from an' e+ternal source. -. ;he Office shall &e hea%e% &' the 4rosecutor. ;he 4rosecutor shall ha*e full authorit' o*er the management an% a%ministration of the Office5 inclu%ing the staff5 facilities an% other resources thereof. ;he 4rosecutor shall &e assiste% &' one or more Deput' 4rosecutors5 who shall &e entitle% to carr' out an' of the acts reEuire% of the 4rosecutor un%er this 1tatute. ;he 4rosecutor an% the Deput' 4rosecutors shall &e of %ifferent nationalities. ;he' shall ser*e on a full)time &asis. . ;he 4rosecutor an% the Deput' 4rosecutors shall &e persons of high moral character5 &e highl' competent in an% ha*e e+tensi*e practical e+perience in the prosecution or trial of criminal cases. ;he' shall ha*e an e+cellent @nowle%ge of an% &e fluent in at least one of the wor@ing languages of the Court. 8. ;he 4rosecutor shall &e electe% &' secret &allot &' an a&solute maBorit' of the mem&ers of the Assem&l' of 1tates 4arties. ;he Deput' 4rosecutors shall &e electe% in the same wa' from a list of can%i%ates pro*i%e% &' the 4rosecutor. ;he 4rosecutor shall nominate three can%i%ates for each position of Deput' 4rosecutor to &e fille%. Unless a shorter term is %eci%e% upon at the time of their election5 the 4rosecutor an% the Deput' 4rosecutors shall hol% office for a term of nine 'ears an% shall not &e eligi&le for re)election. 9. Neither the 4rosecutor nor a Deput' 4rosecutor shall engage in an' acti*it' which is li@el' to interfere with his or her prosecutorial functions or to affect confi%ence in his or her in%epen%ence. ;he' shall not engage in an' other occupation of a professional nature. 2. ;he 4resi%enc' ma' e+cuse the 4rosecutor or a Deput' 4rosecutor5 at his or her reEuest5 from acting in a particular case. <. Neither the 4rosecutor nor a Deput' 4rosecutor shall participate in an' matter in which their impartialit' might reasona&l' &e %ou&te% on an' groun%. ;he' shall &e %isEualifie% from a case in accor%ance with this paragraph if5 inter alia5 the' ha*e pre*iousl' &een in*ol*e% in an' capacit' in that case &efore the Court or in a relate% criminal case at the national le*el in*ol*ing the person &eing in*estigate% or prosecute%.

8. An' Euestion as to the %isEualification of the 4rosecutor or a Deput' 4rosecutor shall &e %eci%e% &' the Appeals Cham&er. (a# ;he person &eing in*estigate% or prosecute% ma' at an' time reEuest the %isEualification of the 4rosecutor or a Deput' 4rosecutor on the groun%s set out in this articleF (&# ;he 4rosecutor or the Deput' 4rosecutor5 as appropriate5 shall &e entitle% to present his or her comments on the matterF !. ;he 4rosecutor shall appoint a%*isers with legal e+pertise on specific issues5 inclu%ing5 &ut not limite% to5 se+ual an% gen%er *iolence an% *iolence against chil%ren. Article 8 ;he =egistr' 1. ;he =egistr' shall &e responsi&le for the non)Bu%icial aspects of the a%ministration an% ser*icing of the Court5 without preBu%ice to the functions an% powers of the 4rosecutor in accor%ance with article 8-. -. ;he =egistr' shall &e hea%e% &' the =egistrar5 who shall &e the principal a%ministrati*e officer of the Court. ;he =egistrar shall e+ercise his or her functions un%er the authorit' of the 4resi%ent of the Court. . ;he =egistrar an% the Deput' =egistrar shall &e persons of high moral character5 &e highl' competent an% ha*e an e+cellent @nowle%ge of an% &e fluent in at least one of the wor@ing languages of the Court. 8. ;he Bu%ges shall elect the =egistrar &' an a&solute maBorit' &' secret &allot5 ta@ing into account an' recommen%ation &' the Assem&l' of 1tates 4arties. :f the nee% arises an% upon the recommen%ation of the =egistrar5 the Bu%ges shall elect5 in the same manner5 a Deput' =egistrar. 9. ;he =egistrar shall hol% office for a term of fi*e 'ears5 shall &e eligi&le for re)election once an% shall ser*e on a full)time &asis. ;he Deput' =egistrar shall hol% office for a term of fi*e 'ears or such shorter term as ma' &e %eci%e% upon &' an a&solute maBorit' of the Bu%ges5 an% ma' &e electe% on the &asis that the Deput' =egistrar shall &e calle% upon to ser*e as reEuire%. 2. ;he =egistrar shall set up a Iictims an% Gitnesses Unit within the =egistr'. ;his Unit shall pro*i%e5 in consultation with the Office of the 4rosecutor5 protecti*e measures an% securit' arrangements5 counselling an% other appropriate assistance for witnesses5 *ictims who appear &efore the Court5 an% others who are at ris@ on account of testimon' gi*en &' such witnesses. ;he Unit shall inclu%e staff with e+pertise in trauma5 inclu%ing trauma relate% to crimes of se+ual *iolence.

Article 88 1taff 1. ;he 4rosecutor an% the =egistrar shall appoint such Eualifie% staff as ma' &e reEuire% to their respecti*e offices. :n the case of the 4rosecutor5 this shall inclu%e the appointment of in*estigators. -. :n the emplo'ment of staff5 the 4rosecutor an% the =egistrar shall ensure the highest stan%ar%s of efficienc'5 competenc' an% integrit'5 an% shall ha*e regar%5 mutatis mutan%is5 to the criteria set forth in article 25 paragraph 8. . ;he =egistrar5 with the agreement of the 4resi%enc' an% the 4rosecutor5 shall propose 1taff =egulations which inclu%e the terms an% con%itions upon which the staff of the Court shall &e appointe%5 remunerate% an% %ismisse%. ;he 1taff =egulations shall &e appro*e% &' the Assem&l' of 1tates 4arties. 8. ;he Court ma'5 in e+ceptional circumstances5 emplo' the e+pertise of gratis personnel offere% &' 1tates 4arties5 intergo*ernmental organiAations or non)go*ernmental organiAations to assist with the wor@ of an' of the organs of the Court. ;he 4rosecutor ma' accept an' such offer on &ehalf of the Office of the 4rosecutor. 1uch gratis personnel shall &e emplo'e% in accor%ance with gui%elines to &e esta&lishe% &' the Assem&l' of 1tates 4arties. Article 89 1olemn un%erta@ing ?efore ta@ing up their respecti*e %uties un%er this 1tatute5 the Bu%ges5 the 4rosecutor5 the Deput' 4rosecutors5 the =egistrar an% the Deput' =egistrar shall each ma@e a solemn un%erta@ing in open court to e+ercise his or her respecti*e functions impartiall' an% conscientiousl'. Article 82 =emo*al from office 1. A Bu%ge5 the 4rosecutor5 a Deput' 4rosecutor5 the =egistrar or the Deput' =egistrar shall &e remo*e% from office if a %ecision to this effect is ma%e in accor%ance with paragraph -5 in cases where that person: (a# :s foun% to ha*e committe% serious miscon%uct or a serious &reach of his or her %uties un%er this 1tatute5 as pro*i%e% for in the =ules of 4roce%ure an% 0*i%enceF or (&# :s una&le to e+ercise the functions reEuire% &' this 1tatute.

-. A %ecision as to the remo*al from office of a Bu%ge5 the 4rosecutor or a Deput' 4rosecutor un%er paragraph 1 shall &e ma%e &' the Assem&l' of 1tates 4arties5 &' secret &allot: ( a# :n the case of a Bu%ge5 &' a two)thir%s maBorit' of the 1tates 4arties upon a recommen%ation a%opte% &' a two)thir%s maBorit' of the other Bu%gesF (&# :n the case of the 4rosecutor5 &' an a&solute maBorit' of the 1tates 4artiesF (c# :n the case of a Deput' 4rosecutor5 &' an a&solute maBorit' of the 1tates 4arties upon the recommen%ation of the 4rosecutor. . A %ecision as to the remo*al from office of the =egistrar or Deput' =egistrar shall &e ma%e &' an a&solute maBorit' of the Bu%ges. 8. A Bu%ge5 4rosecutor5 Deput' 4rosecutor5 =egistrar or Deput' =egistrar whose con%uct or a&ilit' to e+ercise the functions of the office as reEuire% &' this 1tatute is challenge% un%er this article shall ha*e full opportunit' to present an% recei*e e*i%ence an% to ma@e su&missions in accor%ance with the =ules of 4roce%ure an% 0*i%ence. ;he person in Euestion shall not otherwise participate in the consi%eration of the matter. Article 8< Disciplinar' measures A Bu%ge5 4rosecutor5 Deput' 4rosecutor5 =egistrar or Deput' =egistrar who has committe% miscon%uct of a less serious nature than that set out in article 825 paragraph 15 shall &e su&Bect to %isciplinar' measures5 in accor%ance with the =ules of 4roce%ure an% 0*i%ence. Article 88 4ri*ileges an% immunities 1. ;he Court shall enBo' in the territor' of each 1tate 4art' such pri*ileges an% immunities as are necessar' for the fulfilment of its purposes. -. ;he Bu%ges5 the 4rosecutor5 the Deput' 4rosecutors an% the =egistrar shall5 when engage% on or with respect to the &usiness of the Court5 enBo' the same pri*ileges an% immunities as are accor%e% to hea%s of %iplomatic missions an% shall5 after the e+pir' of their terms of office5 continue to &e accor%e% immunit' from legal process of e*er' @in% in respect of wor%s spo@en or written an% acts performe% &' them in their official capacit'. . ;he Deput' =egistrar5 the staff of the Office of the 4rosecutor an% the staff of the =egistr' shall enBo' the pri*ileges an% immunities an% facilities necessar' for the

performance of their functions5 in accor%ance with the agreement on the pri*ileges an% immunities of the Court. 8. Counsel5 e+perts5 witnesses or an' other person reEuire% to &e present at the seat of the Court shall &e accor%e% such treatment as is necessar' for the proper functioning of the Court5 in accor%ance with the agreement on the pri*ileges an% immunities of the Court. 9. ;he pri*ileges an% immunities of: (a# A Bu%ge or the 4rosecutor ma' &e wai*e% &' an a&solute maBorit' of the Bu%gesF (&# ;he =egistrar ma' &e wai*e% &' the 4resi%enc'F (c# ;he Deput' 4rosecutors an% staff of the Office of the 4rosecutor ma' &e wai*e% &' the 4rosecutorF (%# ;he Deput' =egistrar an% staff of the =egistr' ma' &e wai*e% &' the =egistrar. Article 8! 1alaries5 allowances an% e+penses ;he Bu%ges5 the 4rosecutor5 the Deput' 4rosecutors5 the =egistrar an% the Deput' =egistrar shall recei*e such salaries5 allowances an% e+penses as ma' &e %eci%e% upon &' the Assem&l' of 1tates 4arties. ;hese salaries an% allowances shall not &e re%uce% %uring their terms of office. Article 9, Official an% wor@ing languages 1. ;he official languages of the Court shall &e Ara&ic5 Chinese5 0nglish5 French5 =ussian an% 1panish. ;he Bu%gements of the Court5 as well as other %ecisions resol*ing fun%amental issues &efore the Court5 shall &e pu&lishe% in the official languages. ;he 4resi%enc' shall5 in accor%ance with the criteria esta&lishe% &' the =ules of 4roce%ure an% 0*i%ence5 %etermine which %ecisions ma' &e consi%ere% as resol*ing fun%amental issues for the purposes of this paragraph. -. ;he wor@ing languages of the Court shall &e 0nglish an% French. ;he =ules of 4roce%ure an% 0*i%ence shall %etermine the cases in which other official languages ma' &e use% as wor@ing languages. . At the reEuest of an' part' to a procee%ing or a 1tate allowe% to inter*ene in a procee%ing5 the Court shall authoriAe a language other than 0nglish or French to &e use% &' such a part' or 1tate5 pro*i%e% that the Court consi%ers such authoriAation to &e a%eEuatel' Bustifie%.

Article 91 =ules of 4roce%ure an% 0*i%ence 1. ;he =ules of 4roce%ure an% 0*i%ence shall enter into force upon a%option &' a two) thir%s maBorit' of the mem&ers of the Assem&l' of 1tates 4arties. -. Amen%ments to the =ules of 4roce%ure an% 0*i%ence ma' &e propose% &': (a# An' 1tate 4art'F (&# ;he Bu%ges acting &' an a&solute maBorit'F or (c# ;he 4rosecutor. 1uch amen%ments shall enter into force upon a%option &' a two)thir%s maBorit' of the mem&ers of the Assem&l' of 1tates 4arties. . After the a%option of the =ules of 4roce%ure an% 0*i%ence5 in urgent cases where the =ules %o not pro*i%e for a specific situation &efore the Court5 the Bu%ges ma'5 &' a two) thir%s maBorit'5 %raw up pro*isional =ules to &e applie% until a%opte%5 amen%e% or reBecte% at the ne+t or%inar' or special session of the Assem&l' of 1tates 4arties. 8. ;he =ules of 4roce%ure an% 0*i%ence5 amen%ments thereto an% an' pro*isional =ule shall &e consistent with this 1tatute. Amen%ments to the =ules of 4roce%ure an% 0*i%ence as well as pro*isional =ules shall not &e applie% retroacti*el' to the %etriment of the person who is &eing in*estigate% or prosecute% or who has &een con*icte%. 9. :n the e*ent of conflict &etween the 1tatute an% the =ules of 4roce%ure an% 0*i%ence5 the 1tatute shall pre*ail. Article 9=egulations of the Court 1. ;he Bu%ges shall5 in accor%ance with this 1tatute an% the =ules of 4roce%ure an% 0*i%ence5 a%opt5 &' an a&solute maBorit'5 the =egulations of the Court necessar' for its routine functioning. -. ;he 4rosecutor an% the =egistrar shall &e consulte% in the ela&oration of the =egulations an% an' amen%ments thereto. . ;he =egulations an% an' amen%ments thereto shall ta@e effect upon a%option unless otherwise %eci%e% &' the Bu%ges. :mme%iatel' upon a%option5 the' shall &e circulate% to 1tates 4arties for comments. :f within si+ months there are no o&Bections from a maBorit' of 1tates 4arties5 the' shall remain in force.

PART ). IN*ESTI'ATION AN" PROSECUTION


Article 9 :nitiation of an in*estigation 1. ;he 4rosecutor shall5 ha*ing e*aluate% the information ma%e a*aila&le to him or her5 initiate an in*estigation unless he or she %etermines that there is no reasona&le &asis to procee% un%er this 1tatute. :n %eci%ing whether to initiate an in*estigation5 the 4rosecutor shall consi%er whether: (a# ;he information a*aila&le to the 4rosecutor pro*i%es a reasona&le &asis to &elie*e that a crime within the Buris%iction of the Court has &een or is &eing committe%F (&# ;he case is or woul% &e a%missi&le un%er article 1<F an% (c# ;a@ing into account the gra*it' of the crime an% the interests of *ictims5 there are nonetheless su&stantial reasons to &elie*e that an in*estigation woul% not ser*e the interests of Bustice. :f the 4rosecutor %etermines that there is no reasona&le &asis to procee% an% his or her %etermination is &ase% solel' on su&paragraph (c# a&o*e5 he or she shall inform the 4re) ;rial Cham&er. -. :f5 upon in*estigation5 the 4rosecutor conclu%es that there is not a sufficient &asis for a prosecution &ecause: (a# ;here is not a sufficient legal or factual &asis to see@ a warrant or summons un%er article 98F (&# ;he case is ina%missi&le un%er article 1<F or (c# A prosecution is not in the interests of Bustice5 ta@ing into account all the circumstances5 inclu%ing the gra*it' of the crime5 the interests of *ictims an% the age or infirmit' of the allege% perpetrator5 an% his or her role in the allege% crimeF the 4rosecutor shall inform the 4re);rial Cham&er an% the 1tate ma@ing a referral un%er article 18 or the 1ecurit' Council in a case un%er article 1 5 paragraph (&#5 of his or her conclusion an% the reasons for the conclusion. . (a# At the reEuest of the 1tate ma@ing a referral un%er article 18 or the 1ecurit' Council un%er article 1 5 paragraph (&#5 the 4re);rial Cham&er ma' re*iew a %ecision of the 4rosecutor un%er paragraph 1 or - not to procee% an% ma' reEuest the 4rosecutor to reconsi%er that %ecision. (&# :n a%%ition5 the 4re);rial Cham&er ma'5 on its own initiati*e5 re*iew a %ecision of the 4rosecutor not to procee% if it is &ase% solel' on paragraph 1 (c# or - (c#. :n such a case5

the %ecision of the 4rosecutor shall &e effecti*e onl' if confirme% &' the 4re);rial Cham&er. 8. ;he 4rosecutor ma'5 at an' time5 reconsi%er a %ecision whether to initiate an in*estigation or prosecution &ase% on new facts or information. Article 98 Duties an% powers of the 4rosecutor with respect to in*estigations 1. ;he 4rosecutor shall: (a# :n or%er to esta&lish the truth5 e+ten% the in*estigation to co*er all facts an% e*i%ence rele*ant to an assessment of whether there is criminal responsi&ilit' un%er this 1tatute5 an%5 in %oing so5 in*estigate incriminating an% e+onerating circumstances eEuall'F (&# ;a@e appropriate measures to ensure the effecti*e in*estigation an% prosecution of crimes within the Buris%iction of the Court5 an% in %oing so5 respect the interests an% personal circumstances of *ictims an% witnesses5 inclu%ing age5 gen%er as %efine% in article <5 paragraph 5 an% health5 an% ta@e into account the nature of the crime5 in particular where it in*ol*es se+ual *iolence5 gen%er *iolence or *iolence against chil%renF an% (c# Full' respect the rights of persons arising un%er this 1tatute. -. ;he 4rosecutor ma' con%uct in*estigations on the territor' of a 1tate: (a# :n accor%ance with the pro*isions of 4art !F or (&# As authoriAe% &' the 4re);rial Cham&er un%er article 9<5 paragraph . ;he 4rosecutor ma': (a# Collect an% e+amine e*i%enceF (&# =eEuest the presence of an% Euestion persons &eing in*estigate%5 *ictims an% witnessesF (c# 1ee@ the cooperation of an' 1tate or intergo*ernmental organiAation or arrangement in accor%ance with its respecti*e competence an%/or man%ateF (%# 0nter into such arrangements or agreements5 not inconsistent with this 1tatute5 as ma' &e necessar' to facilitate the cooperation of a 1tate5 intergo*ernmental organiAation or personF (%#.

(e# Agree not to %isclose5 at an' stage of the procee%ings5 %ocuments or information that the 4rosecutor o&tains on the con%ition of confi%entialit' an% solel' for the purpose of generating new e*i%ence5 unless the pro*i%er of the information consentsF an% (f# ;a@e necessar' measures5 or reEuest that necessar' measures &e ta@en5 to ensure the confi%entialit' of information5 the protection of an' person or the preser*ation of e*i%ence. Article 99 =ights of persons %uring an in*estigation 1. :n respect of an in*estigation un%er this 1tatute5 a person: (a# 1hall not &e compelle% to incriminate himself or herself or to confess guiltF (&# 1hall not &e su&Becte% to an' form of coercion5 %uress or threat5 to torture or to an' other form of cruel5 inhuman or %egra%ing treatment or punishmentF (c# 1hall5 if Euestione% in a language other than a language the person full' un%erstan%s an% spea@s5 ha*e5 free of an' cost5 the assistance of a competent interpreter an% such translations as are necessar' to meet the reEuirements of fairnessF an% (%# 1hall not &e su&Becte% to ar&itrar' arrest or %etention5 an% shall not &e %epri*e% of his or her li&ert' e+cept on such groun%s an% in accor%ance with such proce%ures as are esta&lishe% in this 1tatute. -. Ghere there are groun%s to &elie*e that a person has committe% a crime within the Buris%iction of the Court an% that person is a&out to &e Euestione% either &' the 4rosecutor5 or &' national authorities pursuant to a reEuest ma%e un%er 4art !5 that person shall also ha*e the following rights of which he or she shall &e informe% prior to &eing Euestione%: (a# ;o &e informe%5 prior to &eing Euestione%5 that there are groun%s to &elie*e that he or she has committe% a crime within the Buris%iction of the CourtF (&# ;o remain silent5 without such silence &eing a consi%eration in the %etermination of guilt or innocenceF (c# ;o ha*e legal assistance of the personHs choosing5 or5 if the person %oes not ha*e legal assistance5 to ha*e legal assistance assigne% to him or her5 in an' case where the interests of Bustice so reEuire5 an% without pa'ment &' the person in an' such case if the person %oes not ha*e sufficient means to pa' for itF an% (%# ;o &e Euestione% in the presence of counsel unless the person has *oluntaril' wai*e% his or her right to counsel.

Article 92 =ole of the 4re);rial Cham&er in relation to a uniEue in*estigati*e opportunit' 1. (a# Ghere the 4rosecutor consi%ers an in*estigation to present a uniEue opportunit' to ta@e testimon' or a statement from a witness or to e+amine5 collect or test e*i%ence5 which ma' not &e a*aila&le su&seEuentl' for the purposes of a trial5 the 4rosecutor shall so inform the 4re);rial Cham&er. (&# :n that case5 the 4re);rial Cham&er ma'5 upon reEuest of the 4rosecutor5 ta@e such measures as ma' &e necessar' to ensure the efficienc' an% integrit' of the procee%ings an%5 in particular5 to protect the rights of the %efence. (c# Unless the 4re);rial Cham&er or%ers otherwise5 the 4rosecutor shall pro*i%e the rele*ant information to the person who has &een arreste% or appeare% in response to a summons in connection with the in*estigation referre% to in su&paragraph (a#5 in or%er that he or she ma' &e hear% on the matter. -. ;he measures referre% to in paragraph 1 (&# ma' inclu%e: (a# >a@ing recommen%ations or or%ers regar%ing proce%ures to &e followe%F (&# Directing that a recor% &e ma%e of the procee%ingsF (c# Appointing an e+pert to assistF (%# AuthoriAing counsel for a person who has &een arreste%5 or appeare% &efore the Court in response to a summons5 to participate5 or where there has not 'et &een such an arrest or appearance or counsel has not &een %esignate%5 appointing another counsel to atten% an% represent the interests of the %efenceF (e# Naming one of its mem&ers or5 if necessar'5 another a*aila&le Bu%ge of the 4re);rial or ;rial Di*ision to o&ser*e an% ma@e recommen%ations or or%ers regar%ing the collection an% preser*ation of e*i%ence an% the Euestioning of personsF (f# ;a@ing such other action as ma' &e necessar' to collect or preser*e e*i%ence. . (a# Ghere the 4rosecutor has not sought measures pursuant to this article &ut the 4re) ;rial Cham&er consi%ers that such measures are reEuire% to preser*e e*i%ence that it %eems woul% &e essential for the %efence at trial5 it shall consult with the 4rosecutor as to whether there is goo% reason for the 4rosecutorHs failure to reEuest the measures. :f upon consultation5 the 4re);rial Cham&er conclu%es that the 4rosecutorHs failure to reEuest such measures is unBustifie%5 the 4re);rial Cham&er ma' ta@e such measures on its own initiati*e.

(&# A %ecision of the 4re);rial Cham&er to act on its own initiati*e un%er this paragraph ma' &e appeale% &' the 4rosecutor. ;he appeal shall &e hear% on an e+pe%ite% &asis. 8. ;he a%missi&ilit' of e*i%ence preser*e% or collecte% for trial pursuant to this article5 or the recor% thereof5 shall &e go*erne% at trial &' article 2!5 an% gi*en such weight as %etermine% &' the ;rial Cham&er. Article 9< Functions an% powers of the 4re);rial Cham&er 1. Unless otherwise pro*i%e% in this 1tatute5 the 4re);rial Cham&er shall e+ercise its functions in accor%ance with the pro*isions of this article. - . (a# Or%ers or rulings of the 4re);rial Cham&er issue% un%er articles 195 185 1!5 985 paragraph -5 215 paragraph <5 an% <- must &e concurre% in &' a maBorit' of its Bu%ges. (&# :n all other cases5 a single Bu%ge of the 4re);rial Cham&er ma' e+ercise the functions pro*i%e% for in this 1tatute5 unless otherwise pro*i%e% for in the =ules of 4roce%ure an% 0*i%ence or &' a maBorit' of the 4re);rial Cham&er. . :n a%%ition to its other functions un%er this 1tatute5 the 4re);rial Cham&er ma': (a# At the reEuest of the 4rosecutor5 issue such or%ers an% warrants as ma' &e reEuire% for the purposes of an in*estigationF (&# Upon the reEuest of a person who has &een arreste% or has appeare% pursuant to a summons un%er article 985 issue such or%ers5 inclu%ing measures such as those %escri&e% in article 925 or see@ such cooperation pursuant to 4art ! as ma' &e necessar' to assist the person in the preparation of his or her %efenceF (c# Ghere necessar'5 pro*i%e for the protection an% pri*ac' of *ictims an% witnesses5 the preser*ation of e*i%ence5 the protection of persons who ha*e &een arreste% or appeare% in response to a summons5 an% the protection of national securit' informationF (%# AuthoriAe the 4rosecutor to ta@e specific in*estigati*e steps within the territor' of a 1tate 4art' without ha*ing secure% the cooperation of that 1tate un%er 4art ! if5 whene*er possi&le ha*ing regar% to the *iews of the 1tate concerne%5 the 4re);rial Cham&er has %etermine% in that case that the 1tate is clearl' una&le to e+ecute a reEuest for cooperation %ue to the una*aila&ilit' of an' authorit' or an' component of its Bu%icial s'stem competent to e+ecute the reEuest for cooperation un%er 4art !. (e# Ghere a warrant of arrest or a summons has &een issue% un%er article 985 an% ha*ing %ue regar% to the strength of the e*i%ence an% the rights of the parties concerne%5 as pro*i%e% for in this 1tatute an% the =ules of 4roce%ure an% 0*i%ence5 see@ the cooperation of 1tates pursuant to article ! 5 paragraph 1

(@#5 to ta@e protecti*e measures for the purpose of forfeiture5 in particular for the ultimate &enefit of *ictims. Article 98 :ssuance &' the 4re);rial Cham&er of a warrant of arrest or a summons to appear 1. At an' time after the initiation of an in*estigation5 the 4re);rial Cham&er shall5 on the application of the 4rosecutor5 issue a warrant of arrest of a person if5 ha*ing e+amine% the application an% the e*i%ence or other information su&mitte% &' the 4rosecutor5 it is satisfie% that: (a# ;here are reasona&le groun%s to &elie*e that the person has committe% a crime within the Buris%iction of the CourtF an% (&# ;he arrest of the person appears necessar': (i# ;o ensure the personHs appearance at trial5 (ii# ;o ensure that the person %oes not o&struct or en%anger the in*estigation or the court procee%ings5 or (iii# Ghere applica&le5 to pre*ent the person from continuing with the commission of that crime or a relate% crime which is within the Buris%iction of the Court an% which arises out of the same circumstances. -. ;he application of the 4rosecutor shall contain: (a# ;he name of the person an% an' other rele*ant i%entif'ing informationF (&# A specific reference to the crimes within the Buris%iction of the Court which the person is allege% to ha*e committe%F (c# A concise statement of the facts which are allege% to constitute those crimesF (%# A summar' of the e*i%ence an% an' other information which esta&lish reasona&le groun%s to &elie*e that the person committe% those crimesF an% (e# ;he reason wh' the 4rosecutor &elie*es that the arrest of the person is necessar'. . ;he warrant of arrest shall contain: (a# ;he name of the person an% an' other rele*ant i%entif'ing informationF (&# A specific reference to the crimes within the Buris%iction of the Court for which the personHs arrest is soughtF an%

(c# A concise statement of the facts which are allege% to constitute those crimes. 8. ;he warrant of arrest shall remain in effect until otherwise or%ere% &' the Court. 9. On the &asis of the warrant of arrest5 the Court ma' reEuest the pro*isional arrest or the arrest an% surren%er of the person un%er 4art !. 2. ;he 4rosecutor ma' reEuest the 4re);rial Cham&er to amen% the warrant of arrest &' mo%if'ing or a%%ing to the crimes specifie% therein. ;he 4re);rial Cham&er shall so amen% the warrant if it is satisfie% that there are reasona&le groun%s to &elie*e that the person committe% the mo%ifie% or a%%itional crimes. <. As an alternati*e to see@ing a warrant of arrest5 the 4rosecutor ma' su&mit an application reEuesting that the 4re);rial Cham&er issue a summons for the person to appear. :f the 4re);rial Cham&er is satisfie% that there are reasona&le groun%s to &elie*e that the person committe% the crime allege% an% that a summons is sufficient to ensure the personHs appearance5 it shall issue the summons5 with or without con%itions restricting li&ert' (other than %etention# if pro*i%e% for &' national law5 for the person to appear. ;he summons shall contain: (a# ;he name of the person an% an' other rele*ant i%entif'ing informationF (&# ;he specifie% %ate on which the person is to appearF (c# A specific reference to the crimes within the Buris%iction of the Court which the person is allege% to ha*e committe%F an% (%# A concise statement of the facts which are allege% to constitute the crime. ;he summons shall &e ser*e% on the person. Article 9! Arrest procee%ings in the custo%ial 1tate 1. A 1tate 4art' which has recei*e% a reEuest for pro*isional arrest or for arrest an% surren%er shall imme%iatel' ta@e steps to arrest the person in Euestion in accor%ance with its laws an% the pro*isions of 4art !. -. A person arreste% shall &e &rought promptl' &efore the competent Bu%icial authorit' in the custo%ial 1tate which shall %etermine5 in accor%ance with the law of that 1tate5 that: (a# ;he warrant applies to that personF (&# ;he person has &een arreste% in accor%ance with the proper processF an%

(c# ;he personHs rights ha*e &een respecte%. . ;he person arreste% shall ha*e the right to appl' to the competent authorit' in the custo%ial 1tate for interim release pen%ing surren%er. 8. :n reaching a %ecision on an' such application5 the competent authorit' in the custo%ial 1tate shall consi%er whether5 gi*en the gra*it' of the allege% crimes5 there are urgent an% e+ceptional circumstances to Bustif' interim release an% whether necessar' safeguar%s e+ist to ensure that the custo%ial 1tate can fulfil its %ut' to surren%er the person to the Court. :t shall not &e open to the competent authorit' of the custo%ial 1tate to consi%er whether the warrant of arrest was properl' issue% in accor%ance with article 985 paragraph 1 (a# an% (&#. 9. ;he 4re);rial Cham&er shall &e notifie% of an' reEuest for interim release an% shall ma@e recommen%ations to the competent authorit' in the custo%ial 1tate. ;he competent authorit' in the custo%ial 1tate shall gi*e full consi%eration to such recommen%ations5 inclu%ing an' recommen%ations on measures to pre*ent the escape of the person5 &efore ren%ering its %ecision. 2. :f the person is grante% interim release5 the 4re);rial Cham&er ma' reEuest perio%ic reports on the status of the interim release. <. Once or%ere% to &e surren%ere% &' the custo%ial 1tate5 the person shall &e %eli*ere% to the Court as soon as possi&le. Article 2, :nitial procee%ings &efore the Court 1. Upon the surren%er of the person to the Court5 or the personHs appearance &efore the Court *oluntaril' or pursuant to a summons5 the 4re);rial Cham&er shall satisf' itself that the person has &een informe% of the crimes which he or she is allege% to ha*e committe%5 an% of his or her rights un%er this 1tatute5 inclu%ing the right to appl' for interim release pen%ing trial. -. A person su&Bect to a warrant of arrest ma' appl' for interim release pen%ing trial. :f the 4re);rial Cham&er is satisfie% that the con%itions set forth in article 985 paragraph 15 are met5 the person shall continue to &e %etaine%. :f it is not so satisfie%5 the 4re);rial Cham&er shall release the person5 with or without con%itions. . ;he 4re);rial Cham&er shall perio%icall' re*iew its ruling on the release or %etention of the person5 an% ma' %o so at an' time on the reEuest of the 4rosecutor or the person. Upon such re*iew5 it ma' mo%if' its ruling as to %etention5 release or con%itions of release5 if it is satisfie% that change% circumstances so reEuire.

8. ;he 4re);rial Cham&er shall ensure that a person is not %etaine% for an unreasona&le perio% prior to trial %ue to ine+cusa&le %ela' &' the 4rosecutor. :f such %ela' occurs5 the Court shall consi%er releasing the person5 with or without con%itions. 9. :f necessar'5 the 4re);rial Cham&er ma' issue a warrant of arrest to secure the presence of a person who has &een release%. Article 21 Confirmation of the charges &efore trial 1. 1u&Bect to the pro*isions of paragraph -5 within a reasona&le time after the personHs surren%er or *oluntar' appearance &efore the Court5 the 4re);rial Cham&er shall hol% a hearing to confirm the charges on which the 4rosecutor inten%s to see@ trial. ;he hearing shall &e hel% in the presence of the 4rosecutor an% the person charge%5 as well as his or her counsel. -. ;he 4re);rial Cham&er ma'5 upon reEuest of the 4rosecutor or on its own motion5 hol% a hearing in the a&sence of the person charge% to confirm the charges on which the 4rosecutor inten%s to see@ trial when the person has: (a# Gai*e% his or her right to &e presentF or (&# Fle% or cannot &e foun% an% all reasona&le steps ha*e &een ta@en to secure his or her appearance &efore the Court an% to inform the person of the charges an% that a hearing to confirm those charges will &e hel%. :n that case5 the person shall &e represente% &' counsel where the 4re);rial Cham&er %etermines that it is in the interests of Bustice. . Githin a reasona&le time &efore the hearing5 the person shall: (a# ?e pro*i%e% with a cop' of the %ocument containing the charges on which the 4rosecutor inten%s to &ring the person to trialF an% (&# ?e informe% of the e*i%ence on which the 4rosecutor inten%s to rel' at the hearing. ;he 4re);rial Cham&er ma' issue or%ers regar%ing the %isclosure of information for the purposes of the hearing. 8. ?efore the hearing5 the 4rosecutor ma' continue the in*estigation an% ma' amen% or with%raw an' charges. ;he person shall &e gi*en reasona&le notice &efore the hearing of an' amen%ment to or with%rawal of charges. :n case of a with%rawal of charges5 the 4rosecutor shall notif' the 4re);rial Cham&er of the reasons for the with%rawal.

9. At the hearing5 the 4rosecutor shall support each charge with sufficient e*i%ence to esta&lish su&stantial groun%s to &elie*e that the person committe% the crime charge%. ;he 4rosecutor ma' rel' on %ocumentar' or summar' e*i%ence an% nee% not call the witnesses e+pecte% to testif' at the trial. 2. At the hearing5 the person ma': (a# O&Bect to the chargesF (&# Challenge the e*i%ence presente% &' the 4rosecutorF an% (c# 4resent e*i%ence. <. ;he 4re);rial Cham&er shall5 on the &asis of the hearing5 %etermine whether there is sufficient e*i%ence to esta&lish su&stantial groun%s to &elie*e that the person committe% each of the crimes charge%. ?ase% on its %etermination5 the 4re);rial Cham&er shall: (a# Confirm those charges in relation to which it has %etermine% that there is sufficient e*i%ence5 an% commit the person to a ;rial Cham&er for trial on the charges as confirme%F (&# Decline to confirm those charges in relation to which it has %etermine% that there is insufficient e*i%enceF (c# A%Bourn the hearing an% reEuest the 4rosecutor to consi%er: (i# 4ro*i%ing further e*i%ence or con%ucting further in*estigation with respect to a particular chargeF or (ii# Amen%ing a charge &ecause the e*i%ence su&mitte% appears to esta&lish a %ifferent crime within the Buris%iction of the Court. 8. Ghere the 4re);rial Cham&er %eclines to confirm a charge5 the 4rosecutor shall not &e preclu%e% from su&seEuentl' reEuesting its confirmation if the reEuest is supporte% &' a%%itional e*i%ence. !. After the charges are confirme% an% &efore the trial has &egun5 the 4rosecutor ma'5 with the permission of the 4re);rial Cham&er an% after notice to the accuse%5 amen% the charges. :f the 4rosecutor see@s to a%% a%%itional charges or to su&stitute more serious charges5 a hearing un%er this article to confirm those charges must &e hel%. After commencement of the trial5 the 4rosecutor ma'5 with the permission of the ;rial Cham&er5 with%raw the charges. 1,. An' warrant pre*iousl' issue% shall cease to ha*e effect with respect to an' charges which ha*e not &een confirme% &' the 4re);rial Cham&er or which ha*e &een with%rawn &' the 4rosecutor.

11. Once the charges ha*e &een confirme% in accor%ance with this article5 the 4resi%enc' shall constitute a ;rial Cham&er which5 su&Bect to paragraph ! an% to article 285 paragraph 85 shall &e responsi&le for the con%uct of su&seEuent procee%ings an% ma' e+ercise an' function of the 4re);rial Cham&er that is rele*ant an% capa&le of application in those procee%ings.

PART +. THE TRIAL


Article 24lace of trial Unless otherwise %eci%e%5 the place of the trial shall &e the seat of the Court. Article 2 ;rial in the presence of the accuse% 1. ;he accuse% shall &e present %uring the trial. -. :f the accuse%5 &eing present &efore the Court5 continues to %isrupt the trial5 the ;rial Cham&er ma' remo*e the accuse% an% shall ma@e pro*ision for him or her to o&ser*e the trial an% instruct counsel from outsi%e the courtroom5 through the use of communications technolog'5 if reEuire%. 1uch measures shall &e ta@en onl' in e+ceptional circumstances after other reasona&le alternati*es ha*e pro*e% ina%eEuate5 an% onl' for such %uration as is strictl' reEuire%. Article 28 Functions an% powers of the ;rial Cham&er 1. ;he functions an% powers of the ;rial Cham&er set out in this article shall &e e+ercise% in accor%ance with this 1tatute an% the =ules of 4roce%ure an% 0*i%ence. -. ;he ;rial Cham&er shall ensure that a trial is fair an% e+pe%itious an% is con%ucte% with full respect for the rights of the accuse% an% %ue regar% for the protection of *ictims an% witnesses. . Upon assignment of a case for trial in accor%ance with this 1tatute5 the ;rial Cham&er assigne% to %eal with the case shall: (a# Confer with the parties an% a%opt such proce%ures as are necessar' to facilitate the fair an% e+pe%itious con%uct of the procee%ingsF (&# Determine the language or languages to &e use% at trialF an%

(c# 1u&Bect to an' other rele*ant pro*isions of this 1tatute5 pro*i%e for %isclosure of %ocuments or information not pre*iousl' %isclose%5 sufficientl' in a%*ance of the commencement of the trial to ena&le a%eEuate preparation for trial. 8. ;he ;rial Cham&er ma'5 if necessar' for its effecti*e an% fair functioning5 refer preliminar' issues to the 4re);rial Cham&er or5 if necessar'5 to another a*aila&le Bu%ge of the 4re);rial Di*ision. 9. Upon notice to the parties5 the ;rial Cham&er ma'5 as appropriate5 %irect that there &e Boin%er or se*erance in respect of charges against more than one accuse%. 2. :n performing its functions prior to trial or %uring the course of a trial5 the ;rial Cham&er ma'5 as necessar': (a# 0+ercise an' functions of the 4re);rial Cham&er referre% to in article 215 paragraph 11F (&# =eEuire the atten%ance an% testimon' of witnesses an% pro%uction of %ocuments an% other e*i%ence &' o&taining5 if necessar'5 the assistance of 1tates as pro*i%e% in this 1tatuteF (c# 4ro*i%e for the protection of confi%ential informationF (%# Or%er the pro%uction of e*i%ence in a%%ition to that alrea%' collecte% prior to the trial or presente% %uring the trial &' the partiesF (e# 4ro*i%e for the protection of the accuse%5 witnesses an% *ictimsF an% (f# =ule on an' other rele*ant matters. <. ;he trial shall &e hel% in pu&lic. ;he ;rial Cham&er ma'5 howe*er5 %etermine that special circumstances reEuire that certain procee%ings &e in close% session for the purposes set forth in article 285 or to protect confi%ential or sensiti*e information to &e gi*en in e*i%ence. 8. (a# At the commencement of the trial5 the ;rial Cham&er shall ha*e rea% to the accuse% the charges pre*iousl' confirme% &' the 4re);rial Cham&er. ;he ;rial Cham&er shall satisf' itself that the accuse% un%erstan%s the nature of the charges. :t shall affor% him or her the opportunit' to ma@e an a%mission of guilt in accor%ance with article 29 or to plea% not guilt'. (&# At the trial5 the presi%ing Bu%ge ma' gi*e %irections for the con%uct of procee%ings5 inclu%ing to ensure that the' are con%ucte% in a fair an% impartial manner. 1u&Bect to an' %irections of the presi%ing Bu%ge5 the parties ma' su&mit e*i%ence in accor%ance with the pro*isions of this 1tatute.

!. ;he ;rial Cham&er shall ha*e5 inter alia5 the power on application of a part' or on its own motion to: (a# =ule on the a%missi&ilit' or rele*ance of e*i%enceF an% (&# ;a@e all necessar' steps to maintain or%er in the course of a hearing. 1,. ;he ;rial Cham&er shall ensure that a complete recor% of the trial5 which accuratel' reflects the procee%ings5 is ma%e an% that it is maintaine% an% preser*e% &' the =egistrar. Article 29 4rocee%ings on an a%mission of guilt 1. Ghere the accuse% ma@es an a%mission of guilt pursuant to article 285 paragraph 8 (a#5 the ;rial Cham&er shall %etermine whether: (a# ;he accuse% un%erstan%s the nature an% conseEuences of the a%mission of guiltF (&# ;he a%mission is *oluntaril' ma%e &' the accuse% after sufficient consultation with %efence counselF an% (c# ;he a%mission of guilt is supporte% &' the facts of the case that are containe% in: (i# ;he charges &rought &' the 4rosecutor an% a%mitte% &' the accuse%F (ii# An' materials presente% &' the 4rosecutor which supplement the charges an% which the accuse% acceptsF an% (iii# An' other e*i%ence5 such as the testimon' of witnesses5 presente% &' the 4rosecutor or the accuse%. -. Ghere the ;rial Cham&er is satisfie% that the matters referre% to in paragraph 1 are esta&lishe%5 it shall consi%er the a%mission of guilt5 together with an' a%%itional e*i%ence presente%5 as esta&lishing all the essential facts that are reEuire% to pro*e the crime to which the a%mission of guilt relates5 an% ma' con*ict the accuse% of that crime. . Ghere the ;rial Cham&er is not satisfie% that the matters referre% to in paragraph 1 are esta&lishe%5 it shall consi%er the a%mission of guilt as not ha*ing &een ma%e5 in which case it shall or%er that the trial &e continue% un%er the or%inar' trial proce%ures pro*i%e% &' this 1tatute an% ma' remit the case to another ;rial Cham&er. 8. Ghere the ;rial Cham&er is of the opinion that a more complete presentation of the facts of the case is reEuire% in the interests of Bustice5 in particular the interests of the *ictims5 the ;rial Cham&er ma':

(a# =eEuest the 4rosecutor to present a%%itional e*i%ence5 inclu%ing the testimon' of witnessesF or (&# Or%er that the trial &e continue% un%er the or%inar' trial proce%ures pro*i%e% &' this 1tatute5 in which case it shall consi%er the a%mission of guilt as not ha*ing &een ma%e an% ma' remit the case to another ;rial Cham&er. 9. An' %iscussions &etween the 4rosecutor an% the %efence regar%ing mo%ification of the charges5 the a%mission of guilt or the penalt' to &e impose% shall not &e &in%ing on the Court. Article 22 4resumption of innocence 1. 0*er'one shall &e presume% innocent until pro*e% guilt' &efore the Court in accor%ance with the applica&le law. -. ;he onus is on the 4rosecutor to pro*e the guilt of the accuse%. . :n or%er to con*ict the accuse%5 the Court must &e con*ince% of the guilt of the accuse% &e'on% reasona&le %ou&t. Article 2< =ights of the accuse% 1. :n the %etermination of an' charge5 the accuse% shall &e entitle% to a pu&lic hearing5 ha*ing regar% to the pro*isions of this 1tatute5 to a fair hearing con%ucte% impartiall'5 an% to the following minimum guarantees5 in full eEualit': (a# ;o &e informe% promptl' an% in %etail of the nature5 cause an% content of the charge5 in a language which the accuse% full' un%erstan%s an% spea@sF (&# ;o ha*e a%eEuate time an% facilities for the preparation of the %efence an% to communicate freel' with counsel of the accuse%Hs choosing in confi%enceF (c# ;o &e trie% without un%ue %ela'F (%# 1u&Bect to article 2 5 paragraph -5 to &e present at the trial5 to con%uct the %efence in person or through legal assistance of the accuse%Hs choosing5 to &e informe%5 if the accuse% %oes not ha*e legal assistance5 of this right an% to ha*e legal assistance assigne% &' the Court in an' case where the interests of Bustice so reEuire5 an% without pa'ment if the accuse% lac@s sufficient means to pa' for itF

(e# ;o e+amine5 or ha*e e+amine%5 the witnesses against him or her an% to o&tain the atten%ance an% e+amination of witnesses on his or her &ehalf un%er the same con%itions as witnesses against him or her. ;he accuse% shall also &e entitle% to raise %efences an% to present other e*i%ence a%missi&le un%er this 1tatuteF (f# ;o ha*e5 free of an' cost5 the assistance of a competent interpreter an% such translations as are necessar' to meet the reEuirements of fairness5 if an' of the procee%ings of or %ocuments presente% to the Court are not in a language which the accuse% full' un%erstan%s an% spea@sF (g# Not to &e compelle% to testif' or to confess guilt an% to remain silent5 without such silence &eing a consi%eration in the %etermination of guilt or innocenceF (h# ;o ma@e an unsworn oral or written statement in his or her %efenceF an% (i# Not to ha*e impose% on him or her an' re*ersal of the &ur%en of proof or an' onus of re&uttal. -. :n a%%ition to an' other %isclosure pro*i%e% for in this 1tatute5 the 4rosecutor shall5 as soon as practica&le5 %isclose to the %efence e*i%ence in the 4rosecutorHs possession or control which he or she &elie*es shows or ten%s to show the innocence of the accuse%5 or to mitigate the guilt of the accuse%5 or which ma' affect the cre%i&ilit' of prosecution e*i%ence. :n case of %ou&t as to the application of this paragraph5 the Court shall %eci%e. Article 28 4rotection of the *ictims an% witnesses an% their participation in the procee%ings 1. ;he Court shall ta@e appropriate measures to protect the safet'5 ph'sical an% ps'chological well)&eing5 %ignit' an% pri*ac' of *ictims an% witnesses. :n so %oing5 the Court shall ha*e regar% to all rele*ant factors5 inclu%ing age5 gen%er as %efine% in article <5 paragraph 5 an% health5 an% the nature of the crime5 in particular5 &ut not limite% to5 where the crime in*ol*es se+ual or gen%er *iolence or *iolence against chil%ren. ;he 4rosecutor shall ta@e such measures particularl' %uring the in*estigation an% prosecution of such crimes. ;hese measures shall not &e preBu%icial to or inconsistent with the rights of the accuse% an% a fair an% impartial trial. -. As an e+ception to the principle of pu&lic hearings pro*i%e% for in article 2<5 the Cham&ers of the Court ma'5 to protect *ictims an% witnesses or an accuse%5 con%uct an' part of the procee%ings in camera or allow the presentation of e*i%ence &' electronic or other special means. :n particular5 such measures shall &e implemente% in the case of a *ictim of se+ual *iolence or a chil% who is a *ictim or a witness5 unless otherwise or%ere% &' the Court5 ha*ing regar% to all the circumstances5 particularl' the *iews of the *ictim or witness.

. Ghere the personal interests of the *ictims are affecte%5 the Court shall permit their *iews an% concerns to &e presente% an% consi%ere% at stages of the procee%ings %etermine% to &e appropriate &' the Court an% in a manner which is not preBu%icial to or inconsistent with the rights of the accuse% an% a fair an% impartial trial. 1uch *iews an% concerns ma' &e presente% &' the legal representati*es of the *ictims where the Court consi%ers it appropriate5 in accor%ance with the =ules of 4roce%ure an% 0*i%ence. 8. ;he Iictims an% Gitnesses Unit ma' a%*ise the 4rosecutor an% the Court on appropriate protecti*e measures5 securit' arrangements5 counselling an% assistance as referre% to in article 8 5 paragraph 2. 9. Ghere the %isclosure of e*i%ence or information pursuant to this 1tatute ma' lea% to the gra*e en%angerment of the securit' of a witness or his or her famil'5 the 4rosecutor ma'5 for the purposes of an' procee%ings con%ucte% prior to the commencement of the trial5 withhol% such e*i%ence or information an% instea% su&mit a summar' thereof. 1uch measures shall &e e+ercise% in a manner which is not preBu%icial to or inconsistent with the rights of the accuse% an% a fair an% impartial trial. 2. A 1tate ma' ma@e an application for necessar' measures to &e ta@en in respect of the protection of its ser*ants or agents an% the protection of confi%ential or sensiti*e information. Article 2! 0*i%ence 1. ?efore testif'ing5 each witness shall5 in accor%ance with the =ules of 4roce%ure an% 0*i%ence5 gi*e an un%erta@ing as to the truthfulness of the e*i%ence to &e gi*en &' that witness. -. ;he testimon' of a witness at trial shall &e gi*en in person5 e+cept to the e+tent pro*i%e% &' the measures set forth in article 28 or in the =ules of 4roce%ure an% 0*i%ence. ;he Court ma' also permit the gi*ing of *i*a *oce (oral# or recor%e% testimon' of a witness &' means of *i%eo or au%io technolog'5 as well as the intro%uction of %ocuments or written transcripts5 su&Bect to this 1tatute an% in accor%ance with the =ules of 4roce%ure an% 0*i%ence. ;hese measures shall not &e preBu%icial to or inconsistent with the rights of the accuse%. . ;he parties ma' su&mit e*i%ence rele*ant to the case5 in accor%ance with article 28. ;he Court shall ha*e the authorit' to reEuest the su&mission of all e*i%ence that it consi%ers necessar' for the %etermination of the truth. 8. ;he Court ma' rule on the rele*ance or a%missi&ilit' of an' e*i%ence5 ta@ing into account5 inter alia5 the pro&ati*e *alue of the e*i%ence an% an' preBu%ice that such e*i%ence ma' cause to a fair trial or to a fair e*aluation of the testimon' of a witness5 in accor%ance with the =ules of 4roce%ure an% 0*i%ence.

9. ;he Court shall respect an% o&ser*e pri*ileges on confi%entialit' as pro*i%e% for in the =ules of 4roce%ure an% 0*i%ence. 2. ;he Court shall not reEuire proof of facts of common @nowle%ge &ut ma' ta@e Bu%icial notice of them. <. 0*i%ence o&taine% &' means of a *iolation of this 1tatute or internationall' recogniAe% human rights shall not &e a%missi&le if: (a# ;he *iolation casts su&stantial %ou&t on the relia&ilit' of the e*i%enceF or (&# ;he a%mission of the e*i%ence woul% &e antithetical to an% woul% seriousl' %amage the integrit' of the procee%ings. 8. Ghen %eci%ing on the rele*ance or a%missi&ilit' of e*i%ence collecte% &' a 1tate5 the Court shall not rule on the application of the 1tateHs national law. Article <, Offences against the a%ministration of Bustice 1. ;he Court shall ha*e Buris%iction o*er the following offences against its a%ministration of Bustice when committe% intentionall': (a# 7i*ing false testimon' when un%er an o&ligation pursuant to article 2!5 paragraph 15 to tell the truthF (&# 4resenting e*i%ence that the part' @nows is false or forge%F (c# Corruptl' influencing a witness5 o&structing or interfering with the atten%ance or testimon' of a witness5 retaliating against a witness for gi*ing testimon' or %estro'ing5 tampering with or interfering with the collection of e*i%enceF (%# :mpe%ing5 intimi%ating or corruptl' influencing an official of the Court for the purpose of forcing or persua%ing the official not to perform5 or to perform improperl'5 his or her %utiesF (e# =etaliating against an official of the Court on account of %uties performe% &' that or another officialF (f# 1oliciting or accepting a &ri&e as an official of the Court in connection with his or her official %uties. -. ;he principles an% proce%ures go*erning the CourtHs e+ercise of Buris%iction o*er offences un%er this article shall &e those pro*i%e% for in the =ules of 4roce%ure an% 0*i%ence. ;he con%itions for pro*i%ing international cooperation to the Court with

respect to its procee%ings un%er this article shall &e go*erne% &' the %omestic laws of the reEueste% 1tate. . :n the e*ent of con*iction5 the Court ma' impose a term of imprisonment not e+cee%ing fi*e 'ears5 or a fine in accor%ance with the =ules of 4roce%ure an% 0*i%ence5 or &oth. 8. (a# 0ach 1tate 4art' shall e+ten% its criminal laws penaliAing offences against the integrit' of its own in*estigati*e or Bu%icial process to offences against the a%ministration of Bustice referre% to in this article5 committe% on its territor'5 or &' one of its nationalsF (&# Upon reEuest &' the Court5 whene*er it %eems it proper5 the 1tate 4art' shall su&mit the case to its competent authorities for the purpose of prosecution. ;hose authorities shall treat such cases with %iligence an% %e*ote sufficient resources to ena&le them to &e con%ucte% effecti*el'. Article <1 1anctions for miscon%uct &efore the Court 1. ;he Court ma' sanction persons present &efore it who commit miscon%uct5 inclu%ing %isruption of its procee%ings or %eli&erate refusal to compl' with its %irections5 &' a%ministrati*e measures other than imprisonment5 such as temporar' or permanent remo*al from the courtroom5 a fine or other similar measures pro*i%e% for in the =ules of 4roce%ure an% 0*i%ence. -. ;he proce%ures go*erning the imposition of the measures set forth in paragraph 1 shall &e those pro*i%e% for in the =ules of 4roce%ure an% 0*i%ence. Article <4rotection of national securit' information 1. ;his article applies in an' case where the %isclosure of the information or %ocuments of a 1tate woul%5 in the opinion of that 1tate5 preBu%ice its national securit' interests. 1uch cases inclu%e those falling within the scope of article 925 paragraphs - an% 5 article 215 paragraph 5 article 285 paragraph 5 article 2<5 paragraph -5 article 285 paragraph 25 article 8<5 paragraph 2 an% article ! 5 as well as cases arising at an' other stage of the procee%ings where such %isclosure ma' &e at issue. -. ;his article shall also appl' when a person who has &een reEueste% to gi*e information or e*i%ence has refuse% to %o so or has referre% the matter to the 1tate on the groun% that %isclosure woul% preBu%ice the national securit' interests of a 1tate an% the 1tate concerne% confirms that it is of the opinion that %isclosure woul% preBu%ice its national securit' interests.

. Nothing in this article shall preBu%ice the reEuirements of confi%entialit' applica&le un%er article 985 paragraph (e# an% (f#5 or the application of article < . 8. :f a 1tate learns that information or %ocuments of the 1tate are &eing5 or are li@el' to &e5 %isclose% at an' stage of the procee%ings5 an% it is of the opinion that %isclosure woul% preBu%ice its national securit' interests5 that 1tate shall ha*e the right to inter*ene in or%er to o&tain resolution of the issue in accor%ance with this article. 9. :f5 in the opinion of a 1tate5 %isclosure of information woul% preBu%ice its national securit' interests5 all reasona&le steps will &e ta@en &' the 1tate5 acting in conBunction with the 4rosecutor5 the %efence or the 4re);rial Cham&er or ;rial Cham&er5 as the case ma' &e5 to see@ to resol*e the matter &' cooperati*e means. 1uch steps ma' inclu%e: (a# >o%ification or clarification of the reEuestF (&# A %etermination &' the Court regar%ing the rele*ance of the information or e*i%ence sought5 or a %etermination as to whether the e*i%ence5 though rele*ant5 coul% &e or has &een o&taine% from a source other than the reEueste% 1tateF (c# O&taining the information or e*i%ence from a %ifferent source or in a %ifferent formF or (%# Agreement on con%itions un%er which the assistance coul% &e pro*i%e% inclu%ing5 among other things5 pro*i%ing summaries or re%actions5 limitations on %isclosure5 use of in camera or e+ parte procee%ings5 or other protecti*e measures permissi&le un%er the 1tatute an% the =ules of 4roce%ure an% 0*i%ence. 2. Once all reasona&le steps ha*e &een ta@en to resol*e the matter through cooperati*e means5 an% if the 1tate consi%ers that there are no means or con%itions un%er which the information or %ocuments coul% &e pro*i%e% or %isclose% without preBu%ice to its national securit' interests5 it shall so notif' the 4rosecutor or the Court of the specific reasons for its %ecision5 unless a specific %escription of the reasons woul% itself necessaril' result in such preBu%ice to the 1tateHs national securit' interests. <. ;hereafter5 if the Court %etermines that the e*i%ence is rele*ant an% necessar' for the esta&lishment of the guilt or innocence of the accuse%5 the Court ma' un%erta@e the following actions: (a# Ghere %isclosure of the information or %ocument is sought pursuant to a reEuest for cooperation un%er 4art ! or the circumstances %escri&e% in paragraph -5 an% the 1tate has in*o@e% the groun% for refusal referre% to in article ! 5 paragraph 8: (i# ;he Court ma'5 &efore ma@ing an' conclusion referre% to in su&paragraph < (a# (ii#5 reEuest further consultations for the purpose of consi%ering the 1tateHs representations5 which ma' inclu%e5 as appropriate5 hearings in camera an% e+ parteF

(ii# :f the Court conclu%es that5 &' in*o@ing the groun% for refusal un%er article ! 5 paragraph 85 in the circumstances of the case5 the reEueste% 1tate is not acting in accor%ance with its o&ligations un%er this 1tatute5 the Court ma' refer the matter in accor%ance with article 8<5 paragraph <5 specif'ing the reasons for its conclusionF an% (iii# ;he Court ma' ma@e such inference in the trial of the accuse% as to the e+istence or non)e+istence of a fact5 as ma' &e appropriate in the circumstancesF or (&# :n all other circumstances: (i# Or%er %isclosureF or (ii# ;o the e+tent it %oes not or%er %isclosure5 ma@e such inference in the trial of the accuse% as to the e+istence or non)e+istence of a fact5 as ma' &e appropriate in the circumstances. Article < ;hir%)part' information or %ocuments :f a 1tate 4art' is reEueste% &' the Court to pro*i%e a %ocument or information in its custo%'5 possession or control5 which was %isclose% to it in confi%ence &' a 1tate5 intergo*ernmental organiAation or international organiAation5 it shall see@ the consent of the originator to %isclose that %ocument or information. :f the originator is a 1tate 4art'5 it shall either consent to %isclosure of the information or %ocument or un%erta@e to resol*e the issue of %isclosure with the Court5 su&Bect to the pro*isions of article <-. :f the originator is not a 1tate 4art' an% refuses to consent to %isclosure5 the reEueste% 1tate shall inform the Court that it is una&le to pro*i%e the %ocument or information &ecause of a pre)e+isting o&ligation of confi%entialit' to the originator. Article <8 =eEuirements for the %ecision 1. All the Bu%ges of the ;rial Cham&er shall &e present at each stage of the trial an% throughout their %eli&erations. ;he 4resi%enc' ma'5 on a case)&')case &asis5 %esignate5 as a*aila&le5 one or more alternate Bu%ges to &e present at each stage of the trial an% to replace a mem&er of the ;rial Cham&er if that mem&er is una&le to continue atten%ing. -. ;he ;rial Cham&erHs %ecision shall &e &ase% on its e*aluation of the e*i%ence an% the entire procee%ings. ;he %ecision shall not e+cee% the facts an% circumstances %escri&e% in the charges an% an' amen%ments to the charges. ;he Court ma' &ase its %ecision onl' on e*i%ence su&mitte% an% %iscusse% &efore it at the trial. . ;he Bu%ges shall attempt to achie*e unanimit' in their %ecision5 failing which the %ecision shall &e ta@en &' a maBorit' of the Bu%ges.

8. ;he %eli&erations of the ;rial Cham&er shall remain secret. 9. ;he %ecision shall &e in writing an% shall contain a full an% reasone% statement of the ;rial Cham&erHs fin%ings on the e*i%ence an% conclusions. ;he ;rial Cham&er shall issue one %ecision. Ghen there is no unanimit'5 the ;rial Cham&erHs %ecision shall contain the *iews of the maBorit' an% the minorit'. ;he %ecision or a summar' thereof shall &e %eli*ere% in open court. Article <9 =eparations to *ictims 1. ;he Court shall esta&lish principles relating to reparations to5 or in respect of5 *ictims5 inclu%ing restitution5 compensation an% reha&ilitation. On this &asis5 in its %ecision the Court ma'5 either upon reEuest or on its own motion in e+ceptional circumstances5 %etermine the scope an% e+tent of an' %amage5 loss an% inBur' to5 or in respect of5 *ictims an% will state the principles on which it is acting. -. ;he Court ma' ma@e an or%er %irectl' against a con*icte% person specif'ing appropriate reparations to5 or in respect of5 *ictims5 inclu%ing restitution5 compensation an% reha&ilitation. Ghere appropriate5 the Court ma' or%er that the awar% for reparations &e ma%e through the ;rust Fun% pro*i%e% for in article <!. . ?efore ma@ing an or%er un%er this article5 the Court ma' in*ite an% shall ta@e account of representations from or on &ehalf of the con*icte% person5 *ictims5 other intereste% persons or intereste% 1tates. 8. :n e+ercising its power un%er this article5 the Court ma'5 after a person is con*icte% of a crime within the Buris%iction of the Court5 %etermine whether5 in or%er to gi*e effect to an or%er which it ma' ma@e un%er this article5 it is necessar' to see@ measures un%er article ! 5 paragraph 1. 9. A 1tate 4art' shall gi*e effect to a %ecision un%er this article as if the pro*isions of article 1,! were applica&le to this article. 2. Nothing in this article shall &e interprete% as preBu%icing the rights of *ictims un%er national or international law. Article <2 1entencing

1. :n the e*ent of a con*iction5 the ;rial Cham&er shall consi%er the appropriate sentence to &e impose% an% shall ta@e into account the e*i%ence presente% an% su&missions ma%e %uring the trial that are rele*ant to the sentence. -. 0+cept where article 29 applies an% &efore the completion of the trial5 the ;rial Cham&er ma' on its own motion an% shall5 at the reEuest of the 4rosecutor or the accuse%5 hol% a further hearing to hear an' a%%itional e*i%ence or su&missions rele*ant to the sentence5 in accor%ance with the =ules of 4roce%ure an% 0*i%ence. . Ghere paragraph - applies5 an' representations un%er article <9 shall &e hear% %uring the further hearing referre% to in paragraph - an%5 if necessar'5 %uring an' a%%itional hearing. 8. ;he sentence shall &e pronounce% in pu&lic an%5 where*er possi&le5 in the presence of the accuse%.

PART ,. PENALTIES
Article << Applica&le penalties 1. 1u&Bect to article 11,5 the Court ma' impose one of the following penalties on a person con*icte% of a crime referre% to in article 9 of this 1tatute: (a# :mprisonment for a specifie% num&er of 'ears5 which ma' not e+cee% a ma+imum of , 'earsF or (&# A term of life imprisonment when Bustifie% &' the e+treme gra*it' of the crime an% the in%i*i%ual circumstances of the con*icte% person. -. :n a%%ition to imprisonment5 the Court ma' or%er: (a# A fine un%er the criteria pro*i%e% for in the =ules of 4roce%ure an% 0*i%enceF (&# A forfeiture of procee%s5 propert' an% assets %eri*e% %irectl' or in%irectl' from that crime5 without preBu%ice to the rights of &ona fi%e thir% parties. Article <8 Determination of the sentence 1. :n %etermining the sentence5 the Court shall5 in accor%ance with the =ules of 4roce%ure an% 0*i%ence5 ta@e into account such factors as the gra*it' of the crime an% the in%i*i%ual circumstances of the con*icte% person.

-. :n imposing a sentence of imprisonment5 the Court shall %e%uct the time5 if an'5 pre*iousl' spent in %etention in accor%ance with an or%er of the Court. ;he Court ma' %e%uct an' time otherwise spent in %etention in connection with con%uct un%erl'ing the crime. . Ghen a person has &een con*icte% of more than one crime5 the Court shall pronounce a sentence for each crime an% a Boint sentence specif'ing the total perio% of imprisonment. ;his perio% shall &e no less than the highest in%i*i%ual sentence pronounce% an% shall not e+cee% , 'ears imprisonment or a sentence of life imprisonment in conformit' with article <<5 paragraph 1 (&#. Article <! ;rust Fun% 1. A ;rust Fun% shall &e esta&lishe% &' %ecision of the Assem&l' of 1tates 4arties for the &enefit of *ictims of crimes within the Buris%iction of the Court5 an% of the families of such *ictims. -. ;he Court ma' or%er mone' an% other propert' collecte% through fines or forfeiture to &e transferre%5 &' or%er of the Court5 to the ;rust Fun%. . ;he ;rust Fun% shall &e manage% accor%ing to criteria to &e %etermine% &' the Assem&l' of 1tates 4arties. Article 8, Non)preBu%ice to national application of penalties an% national laws Nothing in this 4art affects the application &' 1tates of penalties prescri&e% &' their national law5 nor the law of 1tates which %o not pro*i%e for penalties prescri&e% in this 4art.

PART -. APPEAL AN" RE*ISION


Article 81 Appeal against %ecision of acEuittal or con*iction or against sentence 1. A %ecision un%er article <8 ma' &e appeale% in accor%ance with the =ules of 4roce%ure an% 0*i%ence as follows: (a# ;he 4rosecutor ma' ma@e an appeal on an' of the following groun%s: (i# 4roce%ural error5

(ii# 0rror of fact5 or (iii# 0rror of lawF

(&# ;he con*icte% person5 or the 4rosecutor on that personHs &ehalf5 ma' ma@e an appeal on an' of the following groun%s: (i# 4roce%ural error5 (ii# 0rror of fact5 (iii# 0rror of law5 or (i*# An' other groun% that affects the fairness or relia&ilit' of the procee%ings or %ecision. -. (a# A sentence ma' &e appeale%5 in accor%ance with the =ules of 4roce%ure an% 0*i%ence5 &' the 4rosecutor or the con*icte% person on the groun% of %isproportion &etween the crime an% the sentenceF (&# :f on an appeal against sentence the Court consi%ers that there are groun%s on which the con*iction might &e set asi%e5 wholl' or in part5 it ma' in*ite the 4rosecutor an% the con*icte% person to su&mit groun%s un%er article 815 paragraph 1 (a# or (&#5 an% ma' ren%er a %ecision on con*iction in accor%ance with article 8 F (c# ;he same proce%ure applies when the Court5 on an appeal against con*iction onl'5 consi%ers that there are groun%s to re%uce the sentence un%er paragraph - (a#. . (a# Unless the ;rial Cham&er or%ers otherwise5 a con*icte% person shall remain in custo%' pen%ing an appealF (&# Ghen a con*icte% personHs time in custo%' e+cee%s the sentence of imprisonment impose%5 that person shall &e release%5 e+cept that if the 4rosecutor is also appealing5 the release ma' &e su&Bect to the con%itions un%er su&paragraph (c# &elowF (c# :n case of an acEuittal5 the accuse% shall &e release% imme%iatel'5 su&Bect to the following: (i# Un%er e+ceptional circumstances5 an% ha*ing regar%5 inter alia5 to the concrete ris@ of flight5 the seriousness of the offence charge% an% the pro&a&ilit' of success on appeal5 the ;rial Cham&er5 at the reEuest of the 4rosecutor5 ma' maintain the %etention of the person pen%ing appealF

(ii# A %ecision &' the ;rial Cham&er un%er su&paragraph (c# (i# ma' &e appeale% in accor%ance with the =ules of 4roce%ure an% 0*i%ence. 8. 1u&Bect to the pro*isions of paragraph (a# an% (&#5 e+ecution of the %ecision or sentence shall &e suspen%e% %uring the perio% allowe% for appeal an% for the %uration of the appeal procee%ings. Article 8Appeal against other %ecisions 1. 0ither part' ma' appeal an' of the following %ecisions in accor%ance with the =ules of 4roce%ure an% 0*i%ence: (a# A %ecision with respect to Buris%iction or a%missi&ilit'F (&# A %ecision granting or %en'ing release of the person &eing in*estigate% or prosecute%F (c# A %ecision of the 4re);rial Cham&er to act on its own initiati*e un%er article 925 paragraph F (%# A %ecision that in*ol*es an issue that woul% significantl' affect the fair an% e+pe%itious con%uct of the procee%ings or the outcome of the trial5 an% for which5 in the opinion of the 4re);rial or ;rial Cham&er5 an imme%iate resolution &' the Appeals Cham&er ma' materiall' a%*ance the procee%ings. -. A %ecision of the 4re);rial Cham&er un%er article 9<5 paragraph (%#5 ma' &e appeale% against &' the 1tate concerne% or &' the 4rosecutor5 with the lea*e of the 4re) ;rial Cham&er. ;he appeal shall &e hear% on an e+pe%ite% &asis. . An appeal shall not of itself ha*e suspensi*e effect unless the Appeals Cham&er so or%ers5 upon reEuest5 in accor%ance with the =ules of 4roce%ure an% 0*i%ence. 8. A legal representati*e of the *ictims5 the con*icte% person or a &ona fi%e owner of propert' a%*ersel' affecte% &' an or%er un%er article <9 ma' appeal against the or%er for reparations5 as pro*i%e% in the =ules of 4roce%ure an% 0*i%ence. Article 8 4rocee%ings on appeal 1. For the purposes of procee%ings un%er article 81 an% this article5 the Appeals Cham&er shall ha*e all the powers of the ;rial Cham&er.

-. :f the Appeals Cham&er fin%s that the procee%ings appeale% from were unfair in a wa' that affecte% the relia&ilit' of the %ecision or sentence5 or that the %ecision or sentence appeale% from was materiall' affecte% &' error of fact or law or proce%ural error5 it ma': (a# =e*erse or amen% the %ecision or sentenceF or (&# Or%er a new trial &efore a %ifferent ;rial Cham&er. For these purposes5 the Appeals Cham&er ma' reman% a factual issue to the original ;rial Cham&er for it to %etermine the issue an% to report &ac@ accor%ingl'5 or ma' itself call e*i%ence to %etermine the issue. Ghen the %ecision or sentence has &een appeale% onl' &' the person con*icte%5 or the 4rosecutor on that personHs &ehalf5 it cannot &e amen%e% to his or her %etriment. . :f in an appeal against sentence the Appeals Cham&er fin%s that the sentence is %isproportionate to the crime5 it ma' *ar' the sentence in accor%ance with 4art <. 8. ;he Bu%gement of the Appeals Cham&er shall &e ta@en &' a maBorit' of the Bu%ges an% shall &e %eli*ere% in open court. ;he Bu%gement shall state the reasons on which it is &ase%. Ghen there is no unanimit'5 the Bu%gement of the Appeals Cham&er shall contain the *iews of the maBorit' an% the minorit'5 &ut a Bu%ge ma' %eli*er a separate or %issenting opinion on a Euestion of law. 9. ;he Appeals Cham&er ma' %eli*er its Bu%gement in the a&sence of the person acEuitte% or con*icte%. Article 88 =e*ision of con*iction or sentence 1. ;he con*icte% person or5 after %eath5 spouses5 chil%ren5 parents or one person ali*e at the time of the accuse%Hs %eath who has &een gi*en e+press written instructions from the accuse% to &ring such a claim5 or the 4rosecutor on the personHs &ehalf5 ma' appl' to the Appeals Cham&er to re*ise the final Bu%gement of con*iction or sentence on the groun%s that: (a# New e*i%ence has &een %isco*ere% that: (i# Gas not a*aila&le at the time of trial5 an% such una*aila&ilit' was not wholl' or partiall' attri&uta&le to the part' ma@ing applicationF an% (ii# :s sufficientl' important that ha% it &een pro*e% at trial it woul% ha*e &een li@el' to ha*e resulte% in a %ifferent *er%ictF

(&# :t has &een newl' %isco*ere% that %ecisi*e e*i%ence5 ta@en into account at trial an% upon which the con*iction %epen%s5 was false5 forge% or falsifie%F (c# One or more of the Bu%ges who participate% in con*iction or confirmation of the charges has committe%5 in that case5 an act of serious miscon%uct or serious &reach of %ut' of sufficient gra*it' to Bustif' the remo*al of that Bu%ge or those Bu%ges from office un%er article 82. -. ;he Appeals Cham&er shall reBect the application if it consi%ers it to &e unfoun%e%. :f it %etermines that the application is meritorious5 it ma'5 as appropriate: (a# =econ*ene the original ;rial Cham&erF (&# Constitute a new ;rial Cham&erF or (c# =etain Buris%iction o*er the matter5 with a *iew to5 after hearing the parties in the manner set forth in the =ules of 4roce%ure an% 0*i%ence5 arri*ing at a %etermination on whether the Bu%gement shoul% &e re*ise%. Article 89 Compensation to an arreste% or con*icte% person 1. An'one who has &een the *ictim of unlawful arrest or %etention shall ha*e an enforcea&le right to compensation. -. Ghen a person has &' a final %ecision &een con*icte% of a criminal offence5 an% when su&seEuentl' his or her con*iction has &een re*erse% on the groun% that a new or newl' %isco*ere% fact shows conclusi*el' that there has &een a miscarriage of Bustice5 the person who has suffere% punishment as a result of such con*iction shall &e compensate% accor%ing to law5 unless it is pro*e% that the non)%isclosure of the un@nown fact in time is wholl' or partl' attri&uta&le to him or her. . :n e+ceptional circumstances5 where the Court fin%s conclusi*e facts showing that there has &een a gra*e an% manifest miscarriage of Bustice5 it ma' in its %iscretion awar% compensation5 accor%ing to the criteria pro*i%e% in the =ules of 4roce%ure an% 0*i%ence5 to a person who has &een release% from %etention following a final %ecision of acEuittal or a termination of the procee%ings for that reason.

PART .. INTERNATIONAL COOPERATION AN" !U"ICIAL ASSISTANCE


Article 82 7eneral o&ligation to cooperate

1tates 4arties shall5 in accor%ance with the pro*isions of this 1tatute5 cooperate full' with the Court in its in*estigation an% prosecution of crimes within the Buris%iction of the Court. Article 8< =eEuests for cooperation: general pro*isions 1. (a# ;he Court shall ha*e the authorit' to ma@e reEuests to 1tates 4arties for cooperation. ;he reEuests shall &e transmitte% through the %iplomatic channel or an' other appropriate channel as ma' &e %esignate% &' each 1tate 4art' upon ratification5 acceptance5 appro*al or accession. 1u&seEuent changes to the %esignation shall &e ma%e &' each 1tate 4art' in accor%ance with the =ules of 4roce%ure an% 0*i%ence. (&# Ghen appropriate5 without preBu%ice to the pro*isions of su&paragraph (a#5 reEuests ma' also &e transmitte% through the :nternational Criminal 4olice OrganiAation or an' appropriate regional organiAation. -. =eEuests for cooperation an% an' %ocuments supporting the reEuest shall either &e in or &e accompanie% &' a translation into an official language of the reEueste% 1tate or one of the wor@ing languages of the Court5 in accor%ance with the choice ma%e &' that 1tate upon ratification5 acceptance5 appro*al or accession. 1u&seEuent changes to this choice shall &e ma%e in accor%ance with the =ules of 4roce%ure an% 0*i%ence. . ;he reEueste% 1tate shall @eep confi%ential a reEuest for cooperation an% an' %ocuments supporting the reEuest5 e+cept to the e+tent that the %isclosure is necessar' for e+ecution of the reEuest. 8. :n relation to an' reEuest for assistance presente% un%er this 4art5 the Court ma' ta@e such measures5 inclu%ing measures relate% to the protection of information5 as ma' &e necessar' to ensure the safet' or ph'sical or ps'chological well)&eing of an' *ictims5 potential witnesses an% their families. ;he Court ma' reEuest that an' information that is ma%e a*aila&le un%er this 4art shall &e pro*i%e% an% han%le% in a manner that protects the safet' an% ph'sical or ps'chological well)&eing of an' *ictims5 potential witnesses an% their families. 9. (a# ;he Court ma' in*ite an' 1tate not part' to this 1tatute to pro*i%e assistance un%er this 4art on the &asis of an a% hoc arrangement5 an agreement with such 1tate or an' other appropriate &asis. (&# Ghere a 1tate not part' to this 1tatute5 which has entere% into an a% hoc arrangement or an agreement with the Court5 fails to cooperate with reEuests pursuant to an' such

arrangement or agreement5 the Court ma' so inform the Assem&l' of 1tates 4arties or5 where the 1ecurit' Council referre% the matter to the Court5 the 1ecurit' Council. 2. ;he Court ma' as@ an' intergo*ernmental organiAation to pro*i%e information or %ocuments. ;he Court ma' also as@ for other forms of cooperation an% assistance which ma' &e agree% upon with such an organiAation an% which are in accor%ance with its competence or man%ate. <. Ghere a 1tate 4art' fails to compl' with a reEuest to cooperate &' the Court contrar' to the pro*isions of this 1tatute5 there&' pre*enting the Court from e+ercising its functions an% powers un%er this 1tatute5 the Court ma' ma@e a fin%ing to that effect an% refer the matter to the Assem&l' of 1tates 4arties or5 where the 1ecurit' Council referre% the matter to the Court5 to the 1ecurit' Council. Article 88 A*aila&ilit' of proce%ures un%er national law 1tates 4arties shall ensure that there are proce%ures a*aila&le un%er their national law for all of the forms of cooperation which are specifie% un%er this 4art. Article 8! 1urren%er of persons to the Court 1. ;he Court ma' transmit a reEuest for the arrest an% surren%er of a person5 together with the material supporting the reEuest outline% in article !15 to an' 1tate on the territor' of which that person ma' &e foun% an% shall reEuest the cooperation of that 1tate in the arrest an% surren%er of such a person. 1tates 4arties shall5 in accor%ance with the pro*isions of this 4art an% the proce%ure un%er their national law5 compl' with reEuests for arrest an% surren%er. -. Ghere the person sought for surren%er &rings a challenge &efore a national court on the &asis of the principle of ne &is in i%em as pro*i%e% in article -,5 the reEueste% 1tate shall imme%iatel' consult with the Court to %etermine if there has &een a rele*ant ruling on a%missi&ilit'. :f the case is a%missi&le5 the reEueste% 1tate shall procee% with the e+ecution of the reEuest. :f an a%missi&ilit' ruling is pen%ing5 the reEueste% 1tate ma' postpone the e+ecution of the reEuest for surren%er of the person until the Court ma@es a %etermination on a%missi&ilit'. . (a# A 1tate 4art' shall authoriAe5 in accor%ance with its national proce%ural law5 transportation through its territor' of a person &eing surren%ere% to the Court &' another 1tate5 e+cept where transit through that 1tate woul% impe%e or %ela' the surren%er. (&# A reEuest &' the Court for transit shall &e transmitte% in accor%ance with article 8<. ;he reEuest for transit shall contain:

(i# A %escription of the person &eing transporte%F (ii# A &rief statement of the facts of the case an% their legal characteriAationF an% (iii# ;he warrant for arrest an% surren%er (c# A person &eing transporte% shall &e %etaine% in custo%' %uring the perio% of transitF (%# No authoriAation is reEuire% if the person is transporte% &' air an% no lan%ing is sche%ule% on the territor' of the transit 1tateF (e# :f an unsche%ule% lan%ing occurs on the territor' of the transit 1tate5 that 1tate ma' reEuire a reEuest for transit from the Court as pro*i%e% for in su&paragraph (&#. ;he transit 1tate shall %etain the person &eing transporte% until the reEuest for transit is recei*e% an% the transit is effecte%5 pro*i%e% that %etention for purposes of this su&paragraph ma' not &e e+ten%e% &e'on% !2 hours from the unsche%ule% lan%ing unless the reEuest is recei*e% within that time. 8. :f the person sought is &eing procee%e% against or is ser*ing a sentence in the reEueste% 1tate for a crime %ifferent from that for which surren%er to the Court is sought5 the reEueste% 1tate5 after ma@ing its %ecision to grant the reEuest5 shall consult with the Court. Article !, Competing reEuests 1. A 1tate 4art' which recei*es a reEuest from the Court for the surren%er of a person un%er article 8! shall5 if it also recei*es a reEuest from an' other 1tate for the e+tra%ition of the same person for the same con%uct which forms the &asis of the crime for which the Court see@s the personHs surren%er5 notif' the Court an% the reEuesting 1tate of that fact. -. Ghere the reEuesting 1tate is a 1tate 4art'5 the reEueste% 1tate shall gi*e priorit' to the reEuest from the Court if: (a# ;he Court has5 pursuant to article 18 or 1!5 ma%e a %etermination that the case in respect of which surren%er is sought is a%missi&le an% that %etermination ta@es into account the in*estigation or prosecution con%ucte% &' the reEuesting 1tate in respect of its reEuest for e+tra%itionF or (&# ;he Court ma@es the %etermination %escri&e% in su&paragraph (a# pursuant to the reEueste% 1tateHs notification un%er paragraph 1. . Ghere a %etermination un%er paragraph - (a# has not &een ma%e5 the reEueste% 1tate ma'5 at its %iscretion5 pen%ing the %etermination of the Court un%er paragraph - (&#5 procee% to %eal with the reEuest for e+tra%ition from the reEuesting 1tate &ut shall not

e+tra%ite the person until the Court has %etermine% that the case is ina%missi&le. ;he CourtHs %etermination shall &e ma%e on an e+pe%ite% &asis. 8. :f the reEuesting 1tate is a 1tate not 4art' to this 1tatute the reEueste% 1tate5 if it is not un%er an international o&ligation to e+tra%ite the person to the reEuesting 1tate5 shall gi*e priorit' to the reEuest for surren%er from the Court5 if the Court has %etermine% that the case is a%missi&le. 9. Ghere a case un%er paragraph 8 has not &een %etermine% to &e a%missi&le &' the Court5 the reEueste% 1tate ma'5 at its %iscretion5 procee% to %eal with the reEuest for e+tra%ition from the reEuesting 1tate. 2. :n cases where paragraph 8 applies e+cept that the reEueste% 1tate is un%er an e+isting international o&ligation to e+tra%ite the person to the reEuesting 1tate not 4art' to this 1tatute5 the reEueste% 1tate shall %etermine whether to surren%er the person to the Court or e+tra%ite the person to the reEuesting 1tate. :n ma@ing its %ecision5 the reEueste% 1tate shall consi%er all the rele*ant factors5 inclu%ing &ut not limite% to: (a# ;he respecti*e %ates of the reEuestsF (&# ;he interests of the reEuesting 1tate inclu%ing5 where rele*ant5 whether the crime was committe% in its territor' an% the nationalit' of the *ictims an% of the person soughtF an% (c# ;he possi&ilit' of su&seEuent surren%er &etween the Court an% the reEuesting 1tate. <. Ghere a 1tate 4art' which recei*es a reEuest from the Court for the surren%er of a person also recei*es a reEuest from an' 1tate for the e+tra%ition of the same person for con%uct other than that which constitutes the crime for which the Court see@s the personHs surren%er: (a# ;he reEueste% 1tate shall5 if it is not un%er an e+isting international o&ligation to e+tra%ite the person to the reEuesting 1tate5 gi*e priorit' to the reEuest from the CourtF (&# ;he reEueste% 1tate shall5 if it is un%er an e+isting international o&ligation to e+tra%ite the person to the reEuesting 1tate5 %etermine whether to surren%er the person to the Court or to e+tra%ite the person to the reEuesting 1tate. :n ma@ing its %ecision5 the reEueste% 1tate shall consi%er all the rele*ant factors5 inclu%ing &ut not limite% to those set out in paragraph 25 &ut shall gi*e special consi%eration to the relati*e nature an% gra*it' of the con%uct in Euestion. 8. Ghere pursuant to a notification un%er this article5 the Court has %etermine% a case to &e ina%missi&le5 an% su&seEuentl' e+tra%ition to the reEuesting 1tate is refuse%5 the reEueste% 1tate shall notif' the Court of this %ecision. Article !1

Contents of reEuest for arrest an% surren%er 1. A reEuest for arrest an% surren%er shall &e ma%e in writing. :n urgent cases5 a reEuest ma' &e ma%e &' an' me%ium capa&le of %eli*ering a written recor%5 pro*i%e% that the reEuest shall &e confirme% through the channel pro*i%e% for in article 8<5 paragraph 1 (a#. -. :n the case of a reEuest for the arrest an% surren%er of a person for whom a warrant of arrest has &een issue% &' the 4re);rial Cham&er un%er article 985 the reEuest shall contain or &e supporte% &': (a# :nformation %escri&ing the person sought5 sufficient to i%entif' the person5 an% information as to that personHs pro&a&le locationF (&# A cop' of the warrant of arrestF an% (c# 1uch %ocuments5 statements or information as ma' &e necessar' to meet the reEuirements for the surren%er process in the reEueste% 1tate5 e+cept that those reEuirements shoul% not &e more &ur%ensome than those applica&le to reEuests for e+tra%ition pursuant to treaties or arrangements &etween the reEueste% 1tate an% other 1tates an% shoul%5 if possi&le5 &e less &ur%ensome5 ta@ing into account the %istinct nature of the Court. . :n the case of a reEuest for the arrest an% surren%er of a person alrea%' con*icte%5 the reEuest shall contain or &e supporte% &': (a# A cop' of an' warrant of arrest for that personF (&# A cop' of the Bu%gement of con*ictionF (c# :nformation to %emonstrate that the person sought is the one referre% to in the Bu%gement of con*ictionF an% (%# :f the person sought has &een sentence%5 a cop' of the sentence impose% an%5 in the case of a sentence for imprisonment5 a statement of an' time alrea%' ser*e% an% the time remaining to &e ser*e%. 8. Upon the reEuest of the Court5 a 1tate 4art' shall consult with the Court5 either generall' or with respect to a specific matter5 regar%ing an' reEuirements un%er its national law that ma' appl' un%er paragraph - (c#. During the consultations5 the 1tate 4art' shall a%*ise the Court of the specific reEuirements of its national law. Article !4ro*isional arrest

1. :n urgent cases5 the Court ma' reEuest the pro*isional arrest of the person sought5 pen%ing presentation of the reEuest for surren%er an% the %ocuments supporting the reEuest as specifie% in article !1. -. ;he reEuest for pro*isional arrest shall &e ma%e &' an' me%ium capa&le of %eli*ering a written recor% an% shall contain: (a# :nformation %escri&ing the person sought5 sufficient to i%entif' the person5 an% information as to that personHs pro&a&le locationF (&# A concise statement of the crimes for which the personHs arrest is sought an% of the facts which are allege% to constitute those crimes5 inclu%ing5 where possi&le5 the %ate an% location of the crimeF (c# A statement of the e+istence of a warrant of arrest or a Bu%gement of con*iction against the person soughtF an% (%# A statement that a reEuest for surren%er of the person sought will follow. . A person who is pro*isionall' arreste% ma' &e release% from custo%' if the reEueste% 1tate has not recei*e% the reEuest for surren%er an% the %ocuments supporting the reEuest as specifie% in article !1 within the time limits specifie% in the =ules of 4roce%ure an% 0*i%ence. Cowe*er5 the person ma' consent to surren%er &efore the e+piration of this perio% if permitte% &' the law of the reEueste% 1tate. :n such a case5 the reEueste% 1tate shall procee% to surren%er the person to the Court as soon as possi&le. 8. ;he fact that the person sought has &een release% from custo%' pursuant to paragraph shall not preBu%ice the su&seEuent arrest an% surren%er of that person if the reEuest for surren%er an% the %ocuments supporting the reEuest are %eli*ere% at a later %ate. Article ! Other forms of cooperation 1. 1tates 4arties shall5 in accor%ance with the pro*isions of this 4art an% un%er proce%ures of national law5 compl' with reEuests &' the Court to pro*i%e the following assistance in relation to in*estigations or prosecutions: (a# ;he i%entification an% wherea&outs of persons or the location of itemsF (&# ;he ta@ing of e*i%ence5 inclu%ing testimon' un%er oath5 an% the pro%uction of e*i%ence5 inclu%ing e+pert opinions an% reports necessar' to the CourtF (c# ;he Euestioning of an' person &eing in*estigate% or prosecute%F (%# ;he ser*ice of %ocuments5 inclu%ing Bu%icial %ocumentsF

(e# Facilitating the *oluntar' appearance of persons as witnesses or e+perts &efore the CourtF (f# ;he temporar' transfer of persons as pro*i%e% in paragraph <F (g# ;he e+amination of places or sites5 inclu%ing the e+humation an% e+amination of gra*e sitesF (h# ;he e+ecution of searches an% seiAuresF (i# ;he pro*ision of recor%s an% %ocuments5 inclu%ing official recor%s an% %ocumentsF (B# ;he protection of *ictims an% witnesses an% the preser*ation of e*i%enceF (@# ;he i%entification5 tracing an% freeAing or seiAure of procee%s5 propert' an% assets an% instrumentalities of crimes for the purpose of e*entual forfeiture5 without preBu%ice to the rights of &ona fi%e thir% partiesF an% (l# An' other t'pe of assistance which is not prohi&ite% &' the law of the reEueste% 1tate5 with a *iew to facilitating the in*estigation an% prosecution of crimes within the Buris%iction of the Court. -. ;he Court shall ha*e the authorit' to pro*i%e an assurance to a witness or an e+pert appearing &efore the Court that he or she will not &e prosecute%5 %etaine% or su&Becte% to an' restriction of personal free%om &' the Court in respect of an' act or omission that prece%e% the %eparture of that person from the reEueste% 1tate. . Ghere e+ecution of a particular measure of assistance %etaile% in a reEuest presente% un%er paragraph 15 is prohi&ite% in the reEueste% 1tate on the &asis of an e+isting fun%amental legal principle of general application5 the reEueste% 1tate shall promptl' consult with the Court to tr' to resol*e the matter. :n the consultations5 consi%eration shoul% &e gi*en to whether the assistance can &e ren%ere% in another manner or su&Bect to con%itions. :f after consultations the matter cannot &e resol*e%5 the Court shall mo%if' the reEuest as necessar'. 8. :n accor%ance with article <-5 a 1tate 4art' ma' %en' a reEuest for assistance5 in whole or in part5 onl' if the reEuest concerns the pro%uction of an' %ocuments or %isclosure of e*i%ence which relates to its national securit'. 9. ?efore %en'ing a reEuest for assistance un%er paragraph 1 (l#5 the reEueste% 1tate shall consi%er whether the assistance can &e pro*i%e% su&Bect to specifie% con%itions5 or whether the assistance can &e pro*i%e% at a later %ate or in an alternati*e manner5 pro*i%e% that if the Court or the 4rosecutor accepts the assistance su&Bect to con%itions5 the Court or the 4rosecutor shall a&i%e &' them.

2. :f a reEuest for assistance is %enie%5 the reEueste% 1tate 4art' shall promptl' inform the Court or the 4rosecutor of the reasons for such %enial. <. (a# ;he Court ma' reEuest the temporar' transfer of a person in custo%' for purposes of i%entification or for o&taining testimon' or other assistance. ;he person ma' &e transferre% if the following con%itions are fulfille%: (i# ;he person freel' gi*es his or her informe% consent to the transferF an% (ii# ;he reEueste% 1tate agrees to the transfer5 su&Bect to such con%itions as that 1tate an% the Court ma' agree. (&# ;he person &eing transferre% shall remain in custo%'. Ghen the purposes of the transfer ha*e &een fulfille%5 the Court shall return the person without %ela' to the reEueste% 1tate. 8. (a# ;he Court shall ensure the confi%entialit' of %ocuments an% information5 e+cept as reEuire% for the in*estigation an% procee%ings %escri&e% in the reEuest. (&# ;he reEueste% 1tate ma'5 when necessar'5 transmit %ocuments or information to the 4rosecutor on a confi%ential &asis. ;he 4rosecutor ma' then use them solel' for the purpose of generating new e*i%ence. (c# ;he reEueste% 1tate ma'5 on its own motion or at the reEuest of the 4rosecutor5 su&seEuentl' consent to the %isclosure of such %ocuments or information. ;he' ma' then &e use% as e*i%ence pursuant to the pro*isions of 4arts 9 an% 2 an% in accor%ance with the =ules of 4roce%ure an% 0*i%ence. !. (a# (i# :n the e*ent that a 1tate 4art' recei*es competing reEuests5 other than for surren%er or e+tra%ition5 from the Court an% from another 1tate pursuant to an international o&ligation5 the 1tate 4art' shall en%ea*our5 in consultation with the Court an% the other 1tate5 to meet &oth reEuests5 if necessar' &' postponing or attaching con%itions to one or the other reEuest. (ii# Failing that5 competing reEuests shall &e resol*e% in accor%ance with the principles esta&lishe% in article !,. (&# Ghere5 howe*er5 the reEuest from the Court concerns information5 propert' or persons which are su&Bect to the control of a thir% 1tate or an international organiAation &' *irtue of an international agreement5 the reEueste% 1tates shall so inform the Court an% the Court shall %irect its reEuest to the thir% 1tate or international organiAation. 1,. (a# ;he Court ma'5 upon reEuest5 cooperate with an% pro*i%e assistance to a 1tate 4art' con%ucting an in*estigation into or trial in respect of con%uct which constitutes a crime within the Buris%iction of the Court or which constitutes a serious crime un%er the national law of the reEuesting 1tate.

(&# (i# ;he assistance pro*i%e% un%er su&paragraph (a# shall inclu%e5 inter alia: a. ;he transmission of statements5 %ocuments or other t'pes of e*i%ence o&taine% in the course of an in*estigation or a trial con%ucte% &' the CourtF an% &. ;he Euestioning of an' person %etaine% &' or%er of the CourtF (ii# :n the case of assistance un%er su&paragraph (&# (i# a: a. :f the %ocuments or other t'pes of e*i%ence ha*e &een o&taine% with the assistance of a 1tate5 such transmission shall reEuire the consent of that 1tateF &. :f the statements5 %ocuments or other t'pes of e*i%ence ha*e &een pro*i%e% &' a witness or e+pert5 such transmission shall &e su&Bect to the pro*isions of article 28. (c# ;he Court ma'5 un%er the con%itions set out in this paragraph5 grant a reEuest for assistance un%er this paragraph from a 1tate which is not a 4art' to this 1tatute. Article !8 4ostponement of e+ecution of a reEuest in respect of ongoing in*estigation or prosecution 1. :f the imme%iate e+ecution of a reEuest woul% interfere with an ongoing in*estigation or prosecution of a case %ifferent from that to which the reEuest relates5 the reEueste% 1tate ma' postpone the e+ecution of the reEuest for a perio% of time agree% upon with the Court. Cowe*er5 the postponement shall &e no longer than is necessar' to complete the rele*ant in*estigation or prosecution in the reEueste% 1tate. ?efore ma@ing a %ecision to postpone5 the reEueste% 1tate shoul% consi%er whether the assistance ma' &e imme%iatel' pro*i%e% su&Bect to certain con%itions. -. :f a %ecision to postpone is ta@en pursuant to paragraph 15 the 4rosecutor ma'5 howe*er5 see@ measures to preser*e e*i%ence5 pursuant to article ! 5 paragraph 1 (B#. Article !9 4ostponement of e+ecution of a reEuest in respect of an a%missi&ilit' challenge Ghere there is an a%missi&ilit' challenge un%er consi%eration &' the Court pursuant to article 18 or 1!5 the reEueste% 1tate ma' postpone the e+ecution of a reEuest un%er this 4art pen%ing a %etermination &' the Court5 unless the Court has specificall' or%ere% that the 4rosecutor ma' pursue the collection of such e*i%ence pursuant to article 18 or 1!. Article !2 Contents of reEuest for other forms of assistance un%er article !

1. A reEuest for other forms of assistance referre% to in article ! shall &e ma%e in writing. :n urgent cases5 a reEuest ma' &e ma%e &' an' me%ium capa&le of %eli*ering a written recor%5 pro*i%e% that the reEuest shall &e confirme% through the channel pro*i%e% for in article 8<5 paragraph 1 (a#. -. ;he reEuest shall5 as applica&le5 contain or &e supporte% &' the following: (a# A concise statement of the purpose of the reEuest an% the assistance sought5 inclu%ing the legal &asis an% the groun%s for the reEuestF (&# As much %etaile% information as possi&le a&out the location or i%entification of an' person or place that must &e foun% or i%entifie% in or%er for the assistance sought to &e pro*i%e%F (c# A concise statement of the essential facts un%erl'ing the reEuestF (%# ;he reasons for an% %etails of an' proce%ure or reEuirement to &e followe%F (e# 1uch information as ma' &e reEuire% un%er the law of the reEueste% 1tate in or%er to e+ecute the reEuestF an% (f# An' other information rele*ant in or%er for the assistance sought to &e pro*i%e%. . Upon the reEuest of the Court5 a 1tate 4art' shall consult with the Court5 either generall' or with respect to a specific matter5 regar%ing an' reEuirements un%er its national law that ma' appl' un%er paragraph - (e#. During the consultations5 the 1tate 4art' shall a%*ise the Court of the specific reEuirements of its national law. 8. ;he pro*isions of this article shall5 where applica&le5 also appl' in respect of a reEuest for assistance ma%e to the Court. Article !< Consultations Ghere a 1tate 4art' recei*es a reEuest un%er this 4art in relation to which it i%entifies pro&lems which ma' impe%e or pre*ent the e+ecution of the reEuest5 that 1tate shall consult with the Court without %ela' in or%er to resol*e the matter. 1uch pro&lems ma' inclu%e5 inter alia: (a# :nsufficient information to e+ecute the reEuestF (&# :n the case of a reEuest for surren%er5 the fact that %espite &est efforts5 the person sought cannot &e locate% or that the in*estigation con%ucte% has %etermine% that the person in the reEueste% 1tate is clearl' not the person name% in the warrantF or

(c# ;he fact that e+ecution of the reEuest in its current form woul% reEuire the reEueste% 1tate to &reach a pre)e+isting treat' o&ligation un%erta@en with respect to another 1tate. Article !8 Cooperation with respect to wai*er of immunit' an% consent to surren%er 1. ;he Court ma' not procee% with a reEuest for surren%er or assistance which woul% reEuire the reEueste% 1tate to act inconsistentl' with its o&ligations un%er international law with respect to the 1tate or %iplomatic immunit' of a person or propert' of a thir% 1tate5 unless the Court can first o&tain the cooperation of that thir% 1tate for the wai*er of the immunit'. -. ;he Court ma' not procee% with a reEuest for surren%er which woul% reEuire the reEueste% 1tate to act inconsistentl' with its o&ligations un%er international agreements pursuant to which the consent of a sen%ing 1tate is reEuire% to surren%er a person of that 1tate to the Court5 unless the Court can first o&tain the cooperation of the sen%ing 1tate for the gi*ing of consent for the surren%er. Article !! 0+ecution of reEuests un%er articles ! an% !2 1. =eEuests for assistance shall &e e+ecute% in accor%ance with the rele*ant proce%ure un%er the law of the reEueste% 1tate an%5 unless prohi&ite% &' such law5 in the manner specifie% in the reEuest5 inclu%ing following an' proce%ure outline% therein or permitting persons specifie% in the reEuest to &e present at an% assist in the e+ecution process. -. :n the case of an urgent reEuest5 the %ocuments or e*i%ence pro%uce% in response shall5 at the reEuest of the Court5 &e sent urgentl'. . =eplies from the reEueste% 1tate shall &e transmitte% in their original language an% form. 8. Githout preBu%ice to other articles in this 4art5 where it is necessar' for the successful e+ecution of a reEuest which can &e e+ecute% without an' compulsor' measures5 inclu%ing specificall' the inter*iew of or ta@ing e*i%ence from a person on a *oluntar' &asis5 inclu%ing %oing so without the presence of the authorities of the reEueste% 1tate 4art' if it is essential for the reEuest to &e e+ecute%5 an% the e+amination without mo%ification of a pu&lic site or other pu&lic place5 the 4rosecutor ma' e+ecute such reEuest %irectl' on the territor' of a 1tate as follows: (a# Ghen the 1tate 4art' reEueste% is a 1tate on the territor' of which the crime is allege% to ha*e &een committe%5 an% there has &een a %etermination of a%missi&ilit' pursuant to article 18 or 1!5 the 4rosecutor ma' %irectl' e+ecute such reEuest following all possi&le consultations with the reEueste% 1tate 4art'F

(&# :n other cases5 the 4rosecutor ma' e+ecute such reEuest following consultations with the reEueste% 1tate 4art' an% su&Bect to an' reasona&le con%itions or concerns raise% &' that 1tate 4art'. Ghere the reEueste% 1tate 4art' i%entifies pro&lems with the e+ecution of a reEuest pursuant to this su&paragraph it shall5 without %ela'5 consult with the Court to resol*e the matter. 9. 4ro*isions allowing a person hear% or e+amine% &' the Court un%er article <- to in*o@e restrictions %esigne% to pre*ent %isclosure of confi%ential information connecte% with national securit' shall also appl' to the e+ecution of reEuests for assistance un%er this article. Article 1,, Costs 1. ;he or%inar' costs for e+ecution of reEuests in the territor' of the reEueste% 1tate shall &e &orne &' that 1tate5 e+cept for the following5 which shall &e &orne &' the Court: (a# Costs associate% with the tra*el an% securit' of witnesses an% e+perts or the transfer un%er article ! of persons in custo%'F (&# Costs of translation5 interpretation an% transcriptionF (c# ;ra*el an% su&sistence costs of the Bu%ges5 the 4rosecutor5 the Deput' 4rosecutors5 the =egistrar5 the Deput' =egistrar an% staff of an' organ of the CourtF (%# Costs of an' e+pert opinion or report reEueste% &' the CourtF (e# Costs associate% with the transport of a person &eing surren%ere% to the Court &' a custo%ial 1tateFan% (f# Following consultations5 an' e+traor%inar' costs that ma' result from the e+ecution of a reEuest. -. ;he pro*isions of paragraph 1 shall5 as appropriate5 appl' to reEuests from 1tates 4arties to the Court. :n that case5 the Court shall &ear the or%inar' costs of e+ecution. Article 1,1 =ule of specialit' 1. A person surren%ere% to the Court un%er this 1tatute shall not &e procee%e% against5 punishe% or %etaine% for an' con%uct committe% prior to surren%er5 other than the con%uct or course of con%uct which forms the &asis of the crimes for which that person has &een surren%ere%.

-. ;he Court ma' reEuest a wai*er of the reEuirements of paragraph 1 from the 1tate which surren%ere% the person to the Court an%5 if necessar'5 the Court shall pro*i%e a%%itional information in accor%ance with article !1. 1tates 4arties shall ha*e the authorit' to pro*i%e a wai*er to the Court an% shoul% en%ea*our to %o so.

Article 1,Use of terms For the purposes of this 1tatute:

(a# Dsurren%erD means the %eli*ering up of a person &' a 1tate to the Court5 pursuant to this 1tatute. (&# De+tra%itionD means the %eli*ering up of a person &' one 1tate to another as pro*i%e% &' treat'5 con*ention or national legislation.

PART 1/. ENFORCEMENT


Article 1, =ole of 1tates in enforcement of sentences of imprisonment 1. (a# A sentence of imprisonment shall &e ser*e% in a 1tate %esignate% &' the Court from a list of 1tates which ha*e in%icate% to the Court their willingness to accept sentence% persons. (&# At the time of %eclaring its willingness to accept sentence% persons5 a 1tate ma' attach con%itions to its acceptance as agree% &' the Court an% in accor%ance with this 4art. (c# A 1tate %esignate% in a particular case shall promptl' inform the Court whether it accepts the CourtHs %esignation. -. (a# ;he 1tate of enforcement shall notif' the Court of an' circumstances5 inclu%ing the e+ercise of an' con%itions agree% un%er paragraph 15 which coul% materiall' affect the terms or e+tent of the imprisonment. ;he Court shall &e gi*en at least 89 %a'sH notice of an' such @nown or foreseea&le circumstances. During this perio%5 the 1tate of enforcement shall ta@e no action that might preBu%ice its o&ligations un%er article 11,.

(&# Ghere the Court cannot agree to the circumstances referre% to in su&paragraph (a#5 it shall notif' the 1tate of enforcement an% procee% in accor%ance with article 1,85 paragraph 1. . :n e+ercising its %iscretion to ma@e a %esignation un%er paragraph 15 the Court shall ta@e into account the following: (a# ;he principle that 1tates 4arties shoul% share the responsi&ilit' for enforcing sentences of imprisonment5 in accor%ance with principles of eEuita&le %istri&ution5 as pro*i%e% in the =ules of 4roce%ure an% 0*i%enceF (&# ;he application of wi%el' accepte% international treat' stan%ar%s go*erning the treatment of prisonersF (c# ;he *iews of the sentence% personF (%# ;he nationalit' of the sentence% personF (e# 1uch other factors regar%ing the circumstances of the crime or the person sentence%5 or the effecti*e enforcement of the sentence5 as ma' &e appropriate in %esignating the 1tate of enforcement. 8. :f no 1tate is %esignate% un%er paragraph 15 the sentence of imprisonment shall &e ser*e% in a prison facilit' ma%e a*aila&le &' the host 1tate5 in accor%ance with the con%itions set out in the hea%Euarters agreement referre% to in article 5 paragraph -. :n such a case5 the costs arising out of the enforcement of a sentence of imprisonment shall &e &orne &' the Court. Article 1,8 Change in %esignation of 1tate of enforcement 1. ;he Court ma'5 at an' time5 %eci%e to transfer a sentence% person to a prison of another 1tate. -. A sentence% person ma'5 at an' time5 appl' to the Court to &e transferre% from the 1tate of enforcement. Article 1,9 0nforcement of the sentence 1. 1u&Bect to con%itions which a 1tate ma' ha*e specifie% in accor%ance with article 1, 5 paragraph 1 (&#5 the sentence of imprisonment shall &e &in%ing on the 1tates 4arties5 which shall in no case mo%if' it.

-. ;he Court alone shall ha*e the right to %eci%e an' application for appeal an% re*ision. ;he 1tate of enforcement shall not impe%e the ma@ing of an' such application &' a sentence% person. Article 1,2 1uper*ision of enforcement of sentences an% con%itions of imprisonment 1. ;he enforcement of a sentence of imprisonment shall &e su&Bect to the super*ision of the Court an% shall &e consistent with wi%el' accepte% international treat' stan%ar%s go*erning treatment of prisoners. -. ;he con%itions of imprisonment shall &e go*erne% &' the law of the 1tate of enforcement an% shall &e consistent with wi%el' accepte% international treat' stan%ar%s go*erning treatment of prisonersF in no case shall such con%itions &e more or less fa*oura&le than those a*aila&le to prisoners con*icte% of similar offences in the 1tate of enforcement. . Communications &etween a sentence% person an% the Court shall &e unimpe%e% an% confi%ential. Article 1,< ;ransfer of the person upon completion of sentence 1. Following completion of the sentence5 a person who is not a national of the 1tate of enforcement ma'5 in accor%ance with the law of the 1tate of enforcement5 &e transferre% to a 1tate which is o&lige% to recei*e him or her5 or to another 1tate which agrees to recei*e him or her5 ta@ing into account an' wishes of the person to &e transferre% to that 1tate5 unless the 1tate of enforcement authoriAes the person to remain in its territor'. -. :f no 1tate &ears the costs arising out of transferring the person to another 1tate pursuant to paragraph 15 such costs shall &e &orne &' the Court. . 1u&Bect to the pro*isions of article 1,85 the 1tate of enforcement ma' also5 in accor%ance with its national law5 e+tra%ite or otherwise surren%er the person to a 1tate which has reEueste% the e+tra%ition or surren%er of the person for purposes of trial or enforcement of a sentence. Article 1,8 6imitation on the prosecution or punishment of other offences 1. A sentence% person in the custo%' of the 1tate of enforcement shall not &e su&Bect to prosecution or punishment or to e+tra%ition to a thir% 1tate for an' con%uct engage% in prior to that personHs %eli*er' to the 1tate of enforcement5 unless such prosecution5

punishment or e+tra%ition has &een appro*e% &' the Court at the reEuest of the 1tate of enforcement. -. ;he Court shall %eci%e the matter after ha*ing hear% the *iews of the sentence% person. . 4aragraph 1 shall cease to appl' if the sentence% person remains *oluntaril' for more than , %a's in the territor' of the 1tate of enforcement after ha*ing ser*e% the full sentence impose% &' the Court5 or returns to the territor' of that 1tate after ha*ing left it. Article 1,! 0nforcement of fines an% forfeiture measures 1. 1tates 4arties shall gi*e effect to fines or forfeitures or%ere% &' the Court un%er 4art <5 without preBu%ice to the rights of &ona fi%e thir% parties5 an% in accor%ance with the proce%ure of their national law. -. :f a 1tate 4art' is una&le to gi*e effect to an or%er for forfeiture5 it shall ta@e measures to reco*er the *alue of the procee%s5 propert' or assets or%ere% &' the Court to &e forfeite%5 without preBu%ice to the rights of &ona fi%e thir% parties. . 4ropert'5 or the procee%s of the sale of real propert' or5 where appropriate5 the sale of other propert'5 which is o&taine% &' a 1tate 4art' as a result of its enforcement of a Bu%gement of the Court shall &e transferre% to the Court. Article 11, =e*iew &' the Court concerning re%uction of sentence 1. ;he 1tate of enforcement shall not release the person &efore e+pir' of the sentence pronounce% &' the Court. -. ;he Court alone shall ha*e the right to %eci%e an' re%uction of sentence5 an% shall rule on the matter after ha*ing hear% the person. . Ghen the person has ser*e% two thir%s of the sentence5 or -9 'ears in the case of life imprisonment5 the Court shall re*iew the sentence to %etermine whether it shoul% &e re%uce%. 1uch a re*iew shall not &e con%ucte% &efore that time. 8. :n its re*iew un%er paragraph 5 the Court ma' re%uce the sentence if it fin%s that one or more of the following factors are present: (a# ;he earl' an% continuing willingness of the person to cooperate with the Court in its in*estigations an% prosecutionsF

(&# ;he *oluntar' assistance of the person in ena&ling the enforcement of the Bu%gements an% or%ers of the Court in other cases5 an% in particular pro*i%ing assistance in locating assets su&Bect to or%ers of fine5 forfeiture or reparation which ma' &e use% for the &enefit of *ictimsF or (c# Other factors esta&lishing a clear an% significant change of circumstances sufficient to Bustif' the re%uction of sentence5 as pro*i%e% in the =ules of 4roce%ure an% 0*i%ence. 9. :f the Court %etermines in its initial re*iew un%er paragraph that it is not appropriate to re%uce the sentence5 it shall thereafter re*iew the Euestion of re%uction of sentence at such inter*als an% appl'ing such criteria as pro*i%e% for in the =ules of 4roce%ure an% 0*i%ence. Article 111 0scape :f a con*icte% person escapes from custo%' an% flees the 1tate of enforcement5 that 1tate ma'5 after consultation with the Court5 reEuest the personHs surren%er from the 1tate in which the person is locate% pursuant to e+isting &ilateral or multilateral arrangements5 or ma' reEuest that the Court see@ the personHs surren%er5 in accor%ance with 4art !. :t ma' %irect that the person &e %eli*ere% to the 1tate in which he or she was ser*ing the sentence or to another 1tate %esignate% &' the Court.

PART 11. ASSEMBL$ OF STATES PARTIES


Article 11Assem&l' of 1tates 4arties 1. An Assem&l' of 1tates 4arties to this 1tatute is here&' esta&lishe%. 0ach 1tate 4art' shall ha*e one representati*e in the Assem&l' who ma' &e accompanie% &' alternates an% a%*isers. Other 1tates which ha*e signe% this 1tatute or the Final Act ma' &e o&ser*ers in the Assem&l'. -. ;he Assem&l' shall: (a# Consi%er an% a%opt5 as appropriate5 recommen%ations of the 4reparator' CommissionF (&# 4ro*i%e management o*ersight to the 4resi%enc'5 the 4rosecutor an% the =egistrar regar%ing the a%ministration of the CourtF (c# Consi%er the reports an% acti*ities of the ?ureau esta&lishe% un%er paragraph ta@e appropriate action in regar% theretoF (%# Consi%er an% %eci%e the &u%get for the CourtF an%

(e# Deci%e whether to alter5 in accor%ance with article 25 the num&er of Bu%gesF (f# Consi%er pursuant to article 8<5 paragraphs 9 an% <5 an' Euestion relating to non) cooperationF (g# 4erform an' other function consistent with this 1tatute or the =ules of 4roce%ure an% 0*i%ence. . (a# ;he Assem&l' shall ha*e a ?ureau consisting of a 4resi%ent5 two Iice)4resi%ents an% 18 mem&ers electe% &' the Assem&l' for three)'ear terms. (&# ;he ?ureau shall ha*e a representati*e character5 ta@ing into account5 in particular5 eEuita&le geographical %istri&ution an% the a%eEuate representation of the principal legal s'stems of the worl%. (c# ;he ?ureau shall meet as often as necessar'5 &ut at least once a 'ear. :t shall assist the Assem&l' in the %ischarge of its responsi&ilities. 8. ;he Assem&l' ma' esta&lish such su&si%iar' &o%ies as ma' &e necessar'5 inclu%ing an in%epen%ent o*ersight mechanism for inspection5 e*aluation an% in*estigation of the Court5 in or%er to enhance its efficienc' an% econom'. 9. ;he 4resi%ent of the Court5 the 4rosecutor an% the =egistrar or their representati*es ma' participate5 as appropriate5 in meetings of the Assem&l' an% of the ?ureau. 2. ;he Assem&l' shall meet at the seat of the Court or at the Cea%Euarters of the Unite% Nations once a 'ear an%5 when circumstances so reEuire5 hol% special sessions. 0+cept as otherwise specifie% in this 1tatute5 special sessions shall &e con*ene% &' the ?ureau on its own initiati*e or at the reEuest of one thir% of the 1tates 4arties. <. 0ach 1tate 4art' shall ha*e one *ote. 0*er' effort shall &e ma%e to reach %ecisions &' consensus in the Assem&l' an% in the ?ureau. :f consensus cannot &e reache%5 e+cept as otherwise pro*i%e% in the 1tatute: (a# Decisions on matters of su&stance must &e appro*e% &' a two)thir%s maBorit' of those present an% *oting pro*i%e% that an a&solute maBorit' of 1tates 4arties constitutes the Euorum for *otingF (&# Decisions on matters of proce%ure shall &e ta@en &' a simple maBorit' of 1tates 4arties present an% *oting. 8. A 1tate 4art' which is in arrears in the pa'ment of its financial contri&utions towar%s the costs of the Court shall ha*e no *ote in the Assem&l' an% in the ?ureau if the amount of its arrears eEuals or e+cee%s the amount of the contri&utions %ue from it for the prece%ing two full 'ears. ;he Assem&l' ma'5 ne*ertheless5 permit such a 1tate 4art' to

*ote in the Assem&l' an% in the ?ureau if it is satisfie% that the failure to pa' is %ue to con%itions &e'on% the control of the 1tate 4art'. !. ;he Assem&l' shall a%opt its own rules of proce%ure. 1,. ;he official an% wor@ing languages of the Assem&l' shall &e those of the 7eneral Assem&l' of the Unite% Nations.

PART 1 . FINANCIN'
Article 11 Financial =egulations 0+cept as otherwise specificall' pro*i%e%5 all financial matters relate% to the Court an% the meetings of the Assem&l' of 1tates 4arties5 inclu%ing its ?ureau an% su&si%iar' &o%ies5 shall &e go*erne% &' this 1tatute an% the Financial =egulations an% =ules a%opte% &' the Assem&l' of 1tates 4arties. Article 118 4a'ment of e+penses 0+penses of the Court an% the Assem&l' of 1tates 4arties5 inclu%ing its ?ureau an% su&si%iar' &o%ies5 shall &e pai% from the fun%s of the Court. Article 119 Fun%s of the Court an% of the Assem&l' of 1tates 4arties ;he e+penses of the Court an% the Assem&l' of 1tates 4arties5 inclu%ing its ?ureau an% su&si%iar' &o%ies5 as pro*i%e% for in the &u%get %eci%e% &' the Assem&l' of 1tates 4arties5 shall &e pro*i%e% &' the following sources: (a# Assesse% contri&utions ma%e &' 1tates 4artiesF (&# Fun%s pro*i%e% &' the Unite% Nations5 su&Bect to the appro*al of the 7eneral Assem&l'5 in particular in relation to the e+penses incurre% %ue to referrals &' the 1ecurit' Council. Article 112 Ioluntar' contri&utions Githout preBu%ice to article 1195 the Court ma' recei*e an% utiliAe5 as a%%itional fun%s5 *oluntar' contri&utions from 7o*ernments5 international organiAations5 in%i*i%uals5

corporations an% other entities5 in accor%ance with rele*ant criteria a%opte% &' the Assem&l' of 1tates 4arties. Article 11< Assessment of contri&utions ;he contri&utions of 1tates 4arties shall &e assesse% in accor%ance with an agree% scale of assessment5 &ase% on the scale a%opte% &' the Unite% Nations for its regular &u%get an% a%Buste% in accor%ance with the principles on which that scale is &ase%. Article 118 Annual au%it ;he recor%s5 &oo@s an% accounts of the Court5 inclu%ing its annual financial statements5 shall &e au%ite% annuall' &' an in%epen%ent au%itor.

PART 1&. FINAL CLAUSES


Article 11! 1ettlement of %isputes 1. An' %ispute concerning the Bu%icial functions of the Court shall &e settle% &' the %ecision of the Court. -. An' other %ispute &etween two or more 1tates 4arties relating to the interpretation or application of this 1tatute which is not settle% through negotiations within three months of their commencement shall &e referre% to the Assem&l' of 1tates 4arties. ;he Assem&l' ma' itself see@ to settle the %ispute or ma' ma@e recommen%ations on further means of settlement of the %ispute5 inclu%ing referral to the :nternational Court of .ustice in conformit' with the 1tatute of that Court. Article 1-, =eser*ations No reser*ations ma' &e ma%e to this 1tatute. Article 1-1 Amen%ments 1. After the e+pir' of se*en 'ears from the entr' into force of this 1tatute5 an' 1tate 4art' ma' propose amen%ments thereto. ;he te+t of an' propose% amen%ment shall &e

su&mitte% to the 1ecretar')7eneral of the Unite% Nations5 who shall promptl' circulate it to all 1tates 4arties. -. No sooner than three months from the %ate of notification5 the Assem&l' of 1tates 4arties5 at its ne+t meeting5 shall5 &' a maBorit' of those present an% *oting5 %eci%e whether to ta@e up the proposal. ;he Assem&l' ma' %eal with the proposal %irectl' or con*ene a =e*iew Conference if the issue in*ol*e% so warrants. . ;he a%option of an amen%ment at a meeting of the Assem&l' of 1tates 4arties or at a =e*iew Conference on which consensus cannot &e reache% shall reEuire a two)thir%s maBorit' of 1tates 4arties. 8. 0+cept as pro*i%e% in paragraph 95 an amen%ment shall enter into force for all 1tates 4arties one 'ear after instruments of ratification or acceptance ha*e &een %eposite% with the 1ecretar')7eneral of the Unite% Nations &' se*en)eighths of them. 9. An' amen%ment to articles 95 25 < an% 8 of this 1tatute shall enter into force for those 1tates 4arties which ha*e accepte% the amen%ment one 'ear after the %eposit of their instruments of ratification or acceptance. :n respect of a 1tate 4art' which has not accepte% the amen%ment5 the Court shall not e+ercise its Buris%iction regar%ing a crime co*ere% &' the amen%ment when committe% &' that 1tate 4art'Hs nationals or on its territor'. 2. :f an amen%ment has &een accepte% &' se*en)eighths of 1tates 4arties in accor%ance with paragraph 85 an' 1tate 4art' which has not accepte% the amen%ment ma' with%raw from this 1tatute with imme%iate effect5 notwithstan%ing article 1-<5 paragraph 15 &ut su&Bect to article 1-<5 paragraph -5 &' gi*ing notice no later than one 'ear after the entr' into force of such amen%ment. <. ;he 1ecretar')7eneral of the Unite% Nations shall circulate to all 1tates 4arties an' amen%ment a%opte% at a meeting of the Assem&l' of 1tates 4arties or at a =e*iew Conference. Article 1-Amen%ments to pro*isions of an institutional nature 1. Amen%ments to pro*isions of this 1tatute which are of an e+clusi*el' institutional nature5 namel'5 article 95 article 25 paragraphs 8 an% !5 article <5 article 85 article !5 paragraphs 1 (first two sentences#5 - an% 85 article 8-5 paragraphs 8 to !5 article 8 5 paragraphs - an% 5 an% articles 885 825 8< an% 8!5 ma' &e propose% at an' time5 notwithstan%ing article 1-15 paragraph 15 &' an' 1tate 4art'. ;he te+t of an' propose% amen%ment shall &e su&mitte% to the 1ecretar')7eneral of the Unite% Nations or such other person %esignate% &' the Assem&l' of 1tates 4arties who shall promptl' circulate it to all 1tates 4arties an% to others participating in the Assem&l'. -. Amen%ments un%er this article on which consensus cannot &e reache% shall &e a%opte% &' the Assem&l' of 1tates 4arties or &' a =e*iew Conference5 &' a two)thir%s maBorit' of

1tates 4arties. 1uch amen%ments shall enter into force for all 1tates 4arties si+ months after their a%option &' the Assem&l' or5 as the case ma' &e5 &' the Conference. Article 1=e*iew of the 1tatute 1. 1e*en 'ears after the entr' into force of this 1tatute the 1ecretar')7eneral of the Unite% Nations shall con*ene a =e*iew Conference to consi%er an' amen%ments to this 1tatute. 1uch re*iew ma' inclu%e5 &ut is not limite% to5 the list of crimes containe% in article 9. ;he Conference shall &e open to those participating in the Assem&l' of 1tates 4arties an% on the same con%itions. -. At an' time thereafter5 at the reEuest of a 1tate 4art' an% for the purposes set out in paragraph 15 the 1ecretar')7eneral of the Unite% Nations shall5 upon appro*al &' a maBorit' of 1tates 4arties5 con*ene a =e*iew Conference. . ;he pro*isions of article 1-15 paragraphs to <5 shall appl' to the a%option an% entr' into force of an' amen%ment to the 1tatute consi%ere% at a =e*iew Conference. Article 1-8 ;ransitional 4ro*ision Notwithstan%ing article 1-5 paragraphs 1 an% -5 a 1tate5 on &ecoming a part' to this 1tatute5 ma' %eclare that5 for a perio% of se*en 'ears after the entr' into force of this 1tatute for the 1tate concerne%5 it %oes not accept the Buris%iction of the Court with respect to the categor' of crimes referre% to in article 8 when a crime is allege% to ha*e &een committe% &' its nationals or on its territor'. A %eclaration un%er this article ma' &e with%rawn at an' time. ;he pro*isions of this article shall &e re*iewe% at the =e*iew Conference con*ene% in accor%ance with article 1- 5 paragraph 1. Article 1-9 1ignature5 ratification5 acceptance5 appro*al or accession 1. ;his 1tatute shall &e open for signature &' all 1tates in =ome5 at the hea%Euarters of the Foo% an% Agriculture OrganiAation of the Unite% Nations5 on 1< .ul' 1!!8. ;hereafter5 it shall remain open for signature in =ome at the >inistr' of Foreign Affairs of :tal' until 1< Octo&er 1!!8. After that %ate5 the 1tatute shall remain open for signature in New Kor@5 at Unite% Nations Cea%Euarters5 until 1 Decem&er -,,,. -. ;his 1tatute is su&Bect to ratification5 acceptance or appro*al &' signator' 1tates. :nstruments of ratification5 acceptance or appro*al shall &e %eposite% with the 1ecretar') 7eneral of the Unite% Nations.

. ;his 1tatute shall &e open to accession &' all 1tates. :nstruments of accession shall &e %eposite% with the 1ecretar')7eneral of the Unite% Nations. Article 1-2 0ntr' into force 1. ;his 1tatute shall enter into force on the first %a' of the month after the 2,th %a' following the %ate of the %eposit of the 2,th instrument of ratification5 acceptance5 appro*al or accession with the 1ecretar')7eneral of the Unite% Nations. -. For each 1tate ratif'ing5 accepting5 appro*ing or acce%ing to this 1tatute after the %eposit of the 2,th instrument of ratification5 acceptance5 appro*al or accession5 the 1tatute shall enter into force on the first %a' of the month after the 2,th %a' following the %eposit &' such 1tate of its instrument of ratification5 acceptance5 appro*al or accession. Article 1-< Gith%rawal 1. A 1tate 4art' ma'5 &' written notification a%%resse% to the 1ecretar')7eneral of the Unite% Nations5 with%raw from this 1tatute. ;he with%rawal shall ta@e effect one 'ear after the %ate of receipt of the notification5 unless the notification specifies a later %ate. -. A 1tate shall not &e %ischarge%5 &' reason of its with%rawal5 from the o&ligations arising from this 1tatute while it was a 4art' to the 1tatute5 inclu%ing an' financial o&ligations which ma' ha*e accrue%. :ts with%rawal shall not affect an' cooperation with the Court in connection with criminal in*estigations an% procee%ings in relation to which the with%rawing 1tate ha% a %ut' to cooperate an% which were commence% prior to the %ate on which the with%rawal &ecame effecti*e5 nor shall it preBu%ice in an' wa' the continue% consi%eration of an' matter which was alrea%' un%er consi%eration &' the Court prior to the %ate on which the with%rawal &ecame effecti*e. Article 1-8 Authentic te+ts ;he original of this 1tatute5 of which the Ara&ic5 Chinese5 0nglish5 French5 =ussian an% 1panish te+ts are eEuall' authentic5 shall &e %eposite% with the 1ecretar')7eneral of the Unite% Nations5 who shall sen% certifie% copies thereof to all 1tates. :N G:;N011 GC0=0OF5 the un%ersigne%5 &eing %ul' authoriAe% thereto &' their respecti*e 7o*ernments5 ha*e signe% this 1tatute. DON0 at =ome5 this 1<th %a' of .ul' 1!!8.