Rome Statute

PREAMBLE The States Parties to this Statute,

+a!e agreed as follo s

PART 1. ESTABLISHMENT OF THE COURT Conscious that all peoples are united by common bonds, their cultures pieced together in a shared heritage, and concerned that this delicate mosaic may be shattered at any time, Mindful that during this century millions of children, omen and men ha!e been !ictims of unimaginable atrocities that deeply shoc" the conscience of humanity, Recogni#ing that such gra!e crimes threaten the peace, security and ell$being of the orld, Affirming that the most serious crimes of concern to the international community as a hole must not go unpunished and that their effecti!e prosecution must be ensured by ta"ing measures at the national le!el and by enhancing international cooperation, %etermined to put an end to impunity for the perpetrators of these crimes and thus to contribute to the pre!ention of such crimes, Recalling that it is the duty of e!ery State to e&ercise its criminal 'urisdiction o!er those responsible for international crimes, Reaffirming the Purposes and Principles of the Charter of the (nited )ations, and in particular that all States shall refrain from the threat or use of force against the territorial integrity or political independence of any State, or in any other manner inconsistent ith the Purposes of the (nited )ations, Emphasi#ing in this connection that nothing in this Statute shall be ta"en as authori#ing any State Party to inter!ene in an armed conflict or in the internal affairs of any State, %etermined to these ends and for the sa"e of present and future generations, to establish an independent permanent *nternational Criminal Court in relationship ith the (nited )ations system, ith 'urisdiction o!er the most serious crimes of concern to the international community as a hole, Emphasi#ing that the *nternational Criminal Court established under this Statute shall be complementary to national criminal 'urisdictions, PART 2. (URIS)ICTION* A)MISSIBILIT+ AN) APPLICABLE LA, Resol!ed to guarantee lasting respect for and the enforcement of international 'ustice, Article - Cri.e #ithin the /uri $iction o" the Court Article 1 The Court An *nternational Criminal Court ,-the Court-. is hereby established/ *t shall be a permanent institution and shall ha!e the po er to e&ercise its 'urisdiction o!er persons for the most serious crimes of international concern, as referred to in this Statute, and shall be complementary to national criminal 'urisdictions/ The 'urisdiction and functioning of the Court shall be go!erned by the pro!isions of this Statute/ Article 2 Relation hi! o" the Court #ith the Unite$ Nation The Court shall be brought into relationship ith the (nited )ations through an agreement to be appro!ed by the Assembly of States Parties to this Statute and thereafter concluded by the President of the Court on its behalf/

0/ The 'urisdiction of the Court shall be limited to the most serious crimes of concern to the international community as a hole/ The Court has 'urisdiction in accordance ith this Statute ith respect to the follo ing crimes4 ,a. ,b. ,c. ,d. The crime of genocide5 Crimes against humanity5 6ar crimes5 The crime of aggression/

1/ The Court shall e&ercise 'urisdiction o!er the crime of aggression once a pro!ision is adopted in accordance ith articles 010 and 013 defining the crime and setting out the conditions under hich the Court shall e&ercise 'urisdiction ith respect to this crime/ Such a pro!ision shall be consistent ith the rele!ant pro!isions of the Charter of the (nited )ations/ Article 0 1enoci$e

Article % Seat o" the Court 0/ The seat of the Court shall be established at The +ague in the )etherlands ,-the host State-./ 1/ The Court shall enter into a head2uarters agreement ith the host State, to be appro!ed by the Assembly of States Parties and thereafter concluded by the President of the Court on its behalf/ 3/ The Court may sit else here, hene!er it considers it desirable, as pro!ided in this Statute/ Article & Le'al tatu an$ !o#er o" the Court 0/ The Court shall ha!e international legal personality/ *t shall also ha!e such legal capacity as may be necessary for the e&ercise of its functions and the fulfilment of its purposes/ 1/ The Court may e&ercise its functions and po ers, as pro!ided in this Statute, on the territory of any State Party and, by special agreement, on the territory of any other State/ 7or the purpose of this Statute, -genocide- means any of the follo ing acts committed ith intent to destroy, in hole or in part, a national, ethnical, racial or religious group, as such4 ,a. 8illing members of the group5

,b. Causing serious bodily or mental harm to members of the group5 ,c. %eliberately inflicting on the group conditions of life calculated to bring about its physical destruction in hole or in part5 ,d. *mposing measures intended to pre!ent births ithin the group5 ,e. 7orcibly transferring children of the group to another group/

Article 2 Cri.e a'ain t hu.anit3 0/ 7or the purpose of this Statute, -crime against humanity- means any of the follo ing acts hen committed as part of a idespread or systematic attac" directed against any ci!ilian population, ith "no ledge of the attac"4

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,a. ,b. ,c. ,d.

Murder5 E&termination5 Ensla!ement5 %eportation or forcible transfer of population5

,d. -%eportation or forcible transfer of population- means forced displacement of the persons concerned by e&pulsion or other coerci!e acts from the area in hich they are la fully present, ithout grounds permitted under international la 5 ,e. -Torture- means the intentional infliction of se!ere pain or suffering, hether physical or mental, upon a person in the custody or under the control of the accused5 e&cept that torture shall not include pain or suffering arising only from, inherent in or incidental to, la ful sanctions5 ,f. -7orced pregnancy- means the unla ful confinement of a oman forcibly made pregnant, ith the intent of affecting the ethnic composition of any population or carrying out other gra!e !iolations of international la / This definition shall not in any ay be interpreted as affecting national la s relating to pregnancy5 ,g. -Persecution- means the intentional and se!ere depri!ation of fundamental rights contrary to international la by reason of the identity of the group or collecti!ity5 ,h. -The crime of apartheid- means inhumane acts of a character similar to those referred to in paragraph 0, committed in the conte&t of an institutionali#ed regime of systematic oppression and domination by one racial group o!er any other racial group or groups and committed ith the intention of maintaining that regime5 ,i. -Enforced disappearance of persons- means the arrest, detention or abduction of persons by, or ith the authori#ation, support or ac2uiescence of, a State or a political organi#ation, follo ed by a refusal to ac"no ledge that depri!ation of freedom or to gi!e information on the fate or hereabouts of those persons, ith the intention of remo!ing them from the protection of the la for a prolonged period of time/ 3/ 7or the purpose of this Statute, it is understood that the term -gender- refers to the t o se&es, male and female, ithin the conte&t of society/ The term -gender- does not indicate any meaning different from the abo!e/ Article 4 ,ar cri.e 0/ The Court shall ha!e 'urisdiction in respect of ar crimes in particular hen committed as part of a plan or policy or as part of a large$ scale commission of such crimes/ 1/ 7or the purpose of this Statute, - ar crimes- means4 ,a. :ra!e breaches of the :ene!a Con!entions of 01 August 0;<;, namely, any of the follo ing acts against persons or

property protected under the pro!isions of the rele!ant :ene!a Con!ention4 ,i. 6ilful "illing5 ,ii. Torture or inhuman treatment, including biological e&periments5 ,iii. 6ilfully causing great suffering, or serious in'ury to body or health5 ,i!. E&tensi!e destruction and appropriation of property, not 'ustified by military necessity and carried out unla fully and antonly5 ,!. Compelling a prisoner of ar or other protected person to ser!e in the forces of a hostile Po er5 ,!i. 6ilfully depri!ing a prisoner of ar or other protected person of the rights of fair and regular trial5 ,!ii. (nla ful deportation or transfer or unla ful confinement5 ,!iii. Ta"ing of hostages/

,e. *mprisonment or other se!ere depri!ation of physical liberty in !iolation of fundamental rules of international la 5 ,f. Torture5

,g. Rape, se&ual sla!ery, enforced prostitution, forced pregnancy, enforced sterili#ation, or any other form of se&ual !iolence of comparable gra!ity5 ,h. Persecution against any identifiable group or collecti!ity on political, racial, national, ethnic, cultural, religious, gender as defined in paragraph 3, or other grounds that are uni!ersally recogni#ed as impermissible under international la , in connection ith any act referred to in this paragraph or any crime ithin the 'urisdiction of the Court5 ,i. ,'. Enforced disappearance of persons5 The crime of apartheid5

,". 9ther inhumane acts of a similar character intentionally causing great suffering, or serious in'ury to body or to mental or physical health/ 1/ 7or the purpose of paragraph 04 ,a. -Attac" directed against any ci!ilian population- means a course of conduct in!ol!ing the multiple commission of acts referred to in paragraph 0 against any ci!ilian population, pursuant to or in furtherance of a State or organi#ational policy to commit such attac"5 ,b. -E&termination- includes the intentional infliction of conditions of life, inter alia the depri!ation of access to food and medicine, calculated to bring about the destruction of part of a population5 ,c. -Ensla!ement- means the e&ercise of any or all of the po ers attaching to the right of o nership o!er a person and includes the e&ercise of such po er in the course of traffic"ing in persons, in particular omen and children5

,b. 9ther serious !iolations of the la s and customs applicable in international armed conflict, ithin the established frame or" of international la , namely, any of the follo ing acts4 ,i. *ntentionally directing attac"s against the ci!ilian population as such or against indi!idual ci!ilians not ta"ing direct part in hostilities5 ,ii. *ntentionally directing attac"s against ci!ilian ob'ects, that is, ob'ects hich are not military ob'ecti!es5 ,iii. *ntentionally directing attac"s against personnel, installations, material, units or !ehicles in!ol!ed in a humanitarian assistance or peace"eeping mission in accordance ith the Charter of the (nited )ations, as long as they are entitled to the protection gi!en to ci!ilians or ci!ilian ob'ects under the international la of armed conflict5 ,i!. *ntentionally launching an attac" in the "no ledge that such attac" ill cause incidental loss of life or in'ury to ci!ilians or damage to ci!ilian ob'ects or idespread, long$term and se!ere damage

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to the natural en!ironment hich ould be clearly e&cessi!e in relation to the concrete and direct o!erall military ad!antage anticipated5 ,!. Attac"ing or bombarding, by hate!er means, to ns, !illages, d ellings or buildings hich are undefended and hich are not military ob'ecti!es5 ,!i. 8illing or ounding a combatant ho, ha!ing laid do n his arms or ha!ing no longer means of defence, has surrendered at discretion5 ,!ii. Ma"ing improper use of a flag of truce, of the flag or of the military insignia and uniform of the enemy or of the (nited )ations, as ell as of the distincti!e emblems of the :ene!a Con!entions, resulting in death or serious personal in'ury5 ,!iii. The transfer, directly or indirectly, by the 9ccupying Po er of parts of its o n ci!ilian population into the territory it occupies, or the deportation or transfer of all or parts of the population of the occupied territory ithin or outside this territory5 ,i&. *ntentionally directing attac"s against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places here the sic" and ounded are collected, pro!ided they are not military ob'ecti!es5 ,&. Sub'ecting persons ho are in the po er of an ad!erse party to physical mutilation or to medical or scientific e&periments of any "ind hich are neither 'ustified by the medical, dental or hospital treatment of the person concerned nor carried out in his or her interest, and hich cause death to or seriously endanger the health of such person or persons5 ,&i. 8illing or ounding treacherously indi!iduals belonging to the hostile nation or army5 ,&ii. %eclaring that no 2uarter ill be gi!en5

,&!. Compelling the nationals of the hostile party to ta"e part in the operations of ar directed against their o n country, e!en if they ere in the belligerent=s ser!ice before the commencement of the ar5 ,&!i. Pillaging a to n or place, e!en hen ta"en by assault5 ,&!ii. Employing poison or poisoned eapons5

indispensable to their sur!i!al, including ilfully impeding relief supplies as pro!ided for under the :ene!a Con!entions5 ,&&!i. Conscripting or enlisting children under the age of fifteen years into the national armed forces or using them to participate acti!ely in hostilities/

,&!iii. Employing asphy&iating, poisonous or other gases, and all analogous li2uids, materials or de!ices5 ,&i&. Employing bullets hich e&pand or flatten easily in the human body, such as bullets ith a hard en!elope hich does not entirely co!er the core or is pierced ith incisions5 ,&&. Employing eapons, pro'ectiles and material and methods of arfare hich are of a nature to cause superfluous in'ury or unnecessary suffering or hich are inherently indiscriminate in !iolation of the international la of armed conflict, pro!ided that such eapons, pro'ectiles and material and methods of arfare are the sub'ect of a comprehensi!e prohibition and are included in an anne& to this Statute, by an amendment in accordance ith the rele!ant pro!isions set forth in articles 010 and 0135 ,&&i. Committing outrages upon personal dignity, in particular humiliating and degrading treatment5 ,&&ii. Committing rape, se&ual sla!ery, enforced prostitution, forced pregnancy, as defined in article >, paragraph 1 ,f., enforced sterili#ation, or any other form of se&ual !iolence also constituting a gra!e breach of the :ene!a Con!entions5 ,&&iii. (tili#ing the presence of a ci!ilian or other protected person to render certain points, areas or military forces immune from military operations5 ,&&i!. *ntentionally directing attac"s against buildings, material, medical units and transport, and personnel using the distincti!e emblems of the :ene!a Con!entions in conformity ith international la 5 ,&&!. *ntentionally using star!ation of ci!ilians as a method of arfare by depri!ing them of ob'ects

,c. *n the case of an armed conflict not of an international character, serious !iolations of article 3 common to the four :ene!a Con!entions of 01 August 0;<;, namely, any of the follo ing acts committed against persons ta"ing no acti!e part in the hostilities, including members of armed forces ho ha!e laid do n their arms and those placed hors de combat by sic"ness, ounds, detention or any other cause4 ,i. ?iolence to life and person, in particular murder of all "inds, mutilation, cruel treatment and torture5 ,ii. Committing outrages upon personal dignity, in particular humiliating and degrading treatment5 ,iii. Ta"ing of hostages5

,i!. The passing of sentences and the carrying out of e&ecutions ithout pre!ious 'udgement pronounced by a regularly constituted court, affording all 'udicial guarantees hich are generally recogni#ed as indispensable/

,d. Paragraph 1 ,c. applies to armed conflicts not of an international character and thus does not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of !iolence or other acts of a similar nature/ ,e. 9ther serious !iolations of the la s and customs applicable in armed conflicts not of an international character, ithin the established frame or" of international la , namely, any of the follo ing acts4

,&iii. %estroying or sei#ing the enemy=s property unless such destruction or sei#ure be imperati!ely demanded by the necessities of ar5 ,&i!. %eclaring abolished, suspended or inadmissible in a court of la the rights and actions of the nationals of the hostile party5

,i. *ntentionally directing attac"s against the ci!ilian population as such or against indi!idual ci!ilians not ta"ing direct part in hostilities5 ,ii. *ntentionally directing attac"s against buildings, material, medical units and transport, and personnel using the distincti!e emblems of the :ene!a Con!entions in conformity ith international la 5

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,iii. *ntentionally directing attac"s against personnel, installations, material, units or !ehicles in!ol!ed in a humanitarian assistance or peace"eeping mission in accordance ith the Charter of the (nited )ations, as long as they are entitled to the protection gi!en to ci!ilians or ci!ilian ob'ects under the international la of armed conflict5 ,i!. *ntentionally directing attac"s against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places here the sic" and ounded are collected, pro!ided they are not military ob'ecti!es5 ,!. Pillaging a to n or place, e!en hen ta"en by assault5 ,!i. Committing rape, se&ual sla!ery, enforced prostitution, forced pregnancy, as defined in article >, paragraph 1 ,f., enforced sterili#ation, and any other form of se&ual !iolence also constituting a serious !iolation of article 3 common to the four :ene!a Con!entions5 ,!ii. Conscripting or enlisting children under the age of fifteen years into armed forces or groups or using them to participate acti!ely in hostilities5 ,!iii. 9rdering the displacement of the ci!ilian population for reasons related to the conflict, unless the security of the ci!ilians in!ol!ed or imperati!e military reasons so demand5 ,i&. 8illing or ounding treacherously a combatant ad!ersary5 ,&. %eclaring that no 2uarter ill be gi!en5

,f. Paragraph 1 ,e. applies to armed conflicts not of an international character and thus does not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of !iolence or other acts of a similar nature/ *t applies to armed conflicts that ta"e place in the territory of a State hen there is protracted armed conflict bet een go!ernmental authorities and organi#ed armed groups or bet een such groups/ 3/ )othing in paragraph 1 ,c. and ,e. shall affect the responsibility of a :o!ernment to maintain or re$establish la and order in the State or to defend the unity and territorial integrity of the State, by all legitimate means/ Article 5 Ele.ent o" Cri.e 0/ Elements of Crimes shall assist the Court in the interpretation and application of articles @, > and A/ They shall be adopted by a t o$thirds ma'ority of the members of the Assembly of States Parties/ 1/ Amendments to the Elements of Crimes may be proposed by4 ,a. ,b. ,c. Any State Party5 The 'udges acting by an absolute ma'ority5 The Prosecutor/

'urisdiction of the Court ith respect to the crimes referred to in article B/ 1/ *n the case of article 03, paragraph ,a. or ,c., the Court may e&ercise its 'urisdiction if one or more of the follo ing States are Parties to this Statute or ha!e accepted the 'urisdiction of the Court in accordance ith paragraph 34 ,a. The State on the territory of hich the conduct in 2uestion occurred or, if the crime as committed on board a !essel or aircraft, the State of registration of that !essel or aircraft5 ,b. The State of hich the person accused of the crime is a national/ 3/ *f the acceptance of a State hich is not a Party to this Statute is re2uired under paragraph 1, that State may, by declaration lodged ith the Registrar, accept the e&ercise of 'urisdiction by the Court ith respect to the crime in 2uestion/ The accepting State shall cooperate ith the Court ithout any delay or e&ception in accordance ith Part ;/ Article 1% E7erci e o" /uri $iction The Court may e&ercise its 'urisdiction ith respect to a crime referred to in article B in accordance ith the pro!isions of this Statute if4 ,a. A situation in hich one or more of such crimes appears to ha!e been committed is referred to the Prosecutor by a State Party in accordance ith article 0<5 ,b. A situation in hich one or more of such crimes appears to ha!e been committed is referred to the Prosecutor by the Security Council acting under Chapter ?** of the Charter of the (nited )ations5 or ,c. The Prosecutor has initiated an in!estigation in respect of such a crime in accordance ith article 0B/ Article 1& Re"erral o" a ituation 83 a State Part3

Such amendments shall be adopted by a t o$thirds ma'ority of the members of the Assembly of States Parties/ 3/ The Elements of Crimes and amendments thereto shall be consistent ith this Statute/ Article 16 )othing in this Part shall be interpreted as limiting or pre'udicing in any ay e&isting or de!eloping rules of international la for purposes other than this Statute/ Article 11 (uri $iction ratione te.!ori 0/ The Court has 'urisdiction only ith respect to crimes committed after the entry into force of this Statute/ 1/ *f a State becomes a Party to this Statute after its entry into force, the Court may e&ercise its 'urisdiction only ith respect to crimes committed after the entry into force of this Statute for that State, unless that State has made a declaration under article 01, paragraph 3/ Article 12 Precon$ition to the e7erci e o" /uri $iction 0/ A State hich becomes a Party to this Statute thereby accepts the

,&i. Sub'ecting persons ho are in the po er of another party to the conflict to physical mutilation or to medical or scientific e&periments of any "ind hich are neither 'ustified by the medical, dental or hospital treatment of the person concerned nor carried out in his or her interest, and hich cause death to or seriously endanger the health of such person or persons5 ,&ii. %estroying or sei#ing the property of an ad!ersary unless such destruction or sei#ure be imperati!ely demanded by the necessities of the conflict5

0/ A State Party may refer to the Prosecutor a situation in hich one or more crimes ithin the 'urisdiction of the Court appear to ha!e been committed re2uesting the Prosecutor to in!estigate the situation for the purpose of determining hether one or more specific persons should be charged ith the commission of such crimes/ 1/ As far as possible, a referral shall specify the rele!ant circumstances and be accompanied by such supporting documentation as is a!ailable to the State referring the situation/ Article 1- Pro ecutor 0/ The Prosecutor may initiate in!estigations proprio motu on the basis of information on crimes ithin the 'urisdiction of the Court/ 1/ The Prosecutor shall analyse the seriousness of the information

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recei!ed/ 7or this purpose, he or she may see" additional information from States, organs of the (nited )ations, intergo!ernmental or non$ go!ernmental organi#ations, or other reliable sources that he or she deems appropriate, and may recei!e ritten or oral testimony at the seat of the Court/ 3/ *f the Prosecutor concludes that there is a reasonable basis to proceed ith an in!estigation, he or she shall submit to the Pre$Trial Chamber a re2uest for authori#ation of an in!estigation, together ith any supporting material collected/ ?ictims may ma"e representations to the Pre$Trial Chamber, in accordance ith the Rules of Procedure and E!idence/ </ *f the Pre$Trial Chamber, upon e&amination of the re2uest and the supporting material, considers that there is a reasonable basis to proceed ith an in!estigation, and that the case appears to fall ithin the 'urisdiction of the Court, it shall authori#e the commencement of the in!estigation, ithout pre'udice to subse2uent determinations by the Court ith regard to the 'urisdiction and admissibility of a case/ B/ The refusal of the Pre$Trial Chamber to authori#e the in!estigation shall not preclude the presentation of a subse2uent re2uest by the Prosecutor based on ne facts or e!idence regarding the same situation/ @/ *f, after the preliminary e&amination referred to in paragraphs 0 and 1, the Prosecutor concludes that the information pro!ided does not constitute a reasonable basis for an in!estigation, he or she shall inform those ho pro!ided the information/ This shall not preclude the Prosecutor from considering further information submitted to him or her regarding the same situation in the light of ne facts or e!idence/ Article 10 )e"erral o" in9e ti'ation or !ro ecution )o in!estigation or prosecution may be commenced or proceeded ith under this Statute for a period of 01 months after the Security Council, in a resolution adopted under Chapter ?** of the Charter of the (nited )ations, has re2uested the Court to that effect5 that re2uest may be rene ed by the Council under the same conditions/ Article 12 I ue o" a$.i i8ilit3

,c. The person concerned has already been tried for conduct hich is the sub'ect of the complaint, and a trial by the Court is not permitted under article 1C, paragraph 35 ,d. The case is not of sufficient gra!ity to 'ustify further action by the Court/ 1/ *n order to determine un illingness in a particular case, the Court shall consider, ha!ing regard to the principles of due process recogni#ed by international la , hether one or more of the follo ing e&ist, as applicable4 ,a. The proceedings ere or are being underta"en or the national decision as made for the purpose of shielding the person concerned from criminal responsibility for crimes ithin the 'urisdiction of the Court referred to in article B5 ,b. There has been an un'ustified delay in the proceedings hich in the circumstances is inconsistent ith an intent to bring the person concerned to 'ustice5 ,c. The proceedings ere not or are not being conducted independently or impartially, and they ere or are being conducted in a manner hich, in the circumstances, is inconsistent ith an intent to bring the person concerned to 'ustice/ 3/ *n order to determine inability in a particular case, the Court shall consider hether, due to a total or substantial collapse or una!ailability of its national 'udicial system, the State is unable to obtain the accused or the necessary e!idence and testimony or other ise unable to carry out its proceedings/ Article 14 Preli.inar3 rulin' re'ar$in' a$.i i8ilit3

3/ The Prosecutor=s deferral to a State=s in!estigation shall be open to re!ie by the Prosecutor si& months after the date of deferral or at any time hen there has been a significant change of circumstances based on the State=s un illingness or inability genuinely to carry out the in!estigation/ </ The State concerned or the Prosecutor may appeal to the Appeals Chamber against a ruling of the Pre$Trial Chamber, in accordance ith article A1/ The appeal may be heard on an e&pedited basis/ B/ 6hen the Prosecutor has deferred an in!estigation in accordance ith paragraph 1, the Prosecutor may re2uest that the State concerned periodically inform the Prosecutor of the progress of its in!estigations and any subse2uent prosecutions/ States Parties shall respond to such re2uests ithout undue delay/ @/ Pending a ruling by the Pre$Trial Chamber, or at any time hen the Prosecutor has deferred an in!estigation under this article, the Prosecutor may, on an e&ceptional basis, see" authority from the Pre$Trial Chamber to pursue necessary in!estigati!e steps for the purpose of preser!ing e!idence here there is a uni2ue opportunity to obtain important e!idence or there is a significant ris" that such e!idence may not be subse2uently a!ailable/ >/ A State hich has challenged a ruling of the Pre$Trial Chamber under this article may challenge the admissibility of a case under article 0; on the grounds of additional significant facts or significant change of circumstances/ Article 15 Challen'e to the /uri $iction o" the Courtor the a$.i i8ilit3 o" a ca e 0/ The Court shall satisfy itself that it has 'urisdiction in any case brought before it/ The Court may, on its o n motion, determine the admissibility of a case in accordance ith article 0>/ 1/ Challenges to the admissibility of a case on the grounds referred to in article 0> or challenges to the 'urisdiction of the Court may be made by4 ,a. An accused or a person for hom a arrant of arrest or a summons to appear has been issued under article BA5 ,b. A State hich has 'urisdiction o!er a case, on the ground that it is in!estigating or prosecuting the case or has in!estigated or prosecuted5 or ,c. A State from hich acceptance of 'urisdiction is re2uired under article 01/ 3/ The Prosecutor may see" a ruling from the Court regarding a 2uestion of 'urisdiction or admissibility/ *n proceedings ith respect to 'urisdiction or admissibility, those ho ha!e referred the situation under article 03, as ell as !ictims, may also submit obser!ations to the Court/

0/ +a!ing regard to paragraph 0C of the Preamble and article 0, the Court shall determine that a case is inadmissible here4 ,a. The case is being in!estigated or prosecuted by a State hich has 'urisdiction o!er it, unless the State is un illing or unable genuinely to carry out the in!estigation or prosecution5 ,b. The case has been in!estigated by a State hich has 'urisdiction o!er it and the State has decided not to prosecute the person concerned, unless the decision resulted from the un illingness or inability of the State genuinely to prosecute5

0/ 6hen a situation has been referred to the Court pursuant to article 03 ,a. and the Prosecutor has determined that there ould be a reasonable basis to commence an in!estigation, or the Prosecutor initiates an in!estigation pursuant to articles 03 ,c. and 0B, the Prosecutor shall notify all States Parties and those States hich, ta"ing into account the information a!ailable, ould normally e&ercise 'urisdiction o!er the crimes concerned/ The Prosecutor may notify such States on a confidential basis and, here the Prosecutor belie!es it necessary to protect persons, pre!ent destruction of e!idence or pre!ent the absconding of persons, may limit the scope of the information pro!ided to States/ 1/ 6ithin one month of receipt of that notification, a State may inform the Court that it is in!estigating or has in!estigated its nationals or others ithin its 'urisdiction ith respect to criminal acts hich may constitute crimes referred to in article B and hich relate to the information pro!ided in the notification to States/ At the re2uest of that State, the Prosecutor shall defer to the State=s in!estigation of those persons unless the Pre$ Trial Chamber, on the application of the Prosecutor, decides to authori#e the in!estigation/

B

Article 26 Ne 8i in i$e. </ The admissibility of a case or the 'urisdiction of the Court may be challenged only once by any person or State referred to in paragraph 1/ The challenge shall ta"e place prior to or at the commencement of the trial/ *n e&ceptional circumstances, the Court may grant lea!e for a challenge to be brought more than once or at a time later than the commencement of the trial/ Challenges to the admissibility of a case, at the commencement of a trial, or subse2uently ith the lea!e of the Court, may be based only on article 0>, paragraph 0 ,c./ B/ A State referred to in paragraph 1 ,b. and ,c. shall ma"e a challenge at the earliest opportunity/ @/ Prior to the confirmation of the charges, challenges to the admissibility of a case or challenges to the 'urisdiction of the Court shall be referred to the Pre$Trial Chamber/ After confirmation of the charges, they shall be referred to the Trial Chamber/ %ecisions ith respect to 'urisdiction or admissibility may be appealed to the Appeals Chamber in accordance ith article A1/ >/ *f a challenge is made by a State referred to in paragraph 1 ,b. or ,c., the Prosecutor shall suspend the in!estigation until such time as the Court ma"es a determination in accordance ith article 0>/ A/ Pending a ruling by the Court, the Prosecutor may see" authority from the Court4 ,a. To pursue necessary in!estigati!e steps of the "ind referred to in article 0A, paragraph @5 ,b. To ta"e a statement or testimony from a itness or complete the collection and e&amination of e!idence hich had begun prior to the ma"ing of the challenge5 and ,c. *n cooperation ith the rele!ant States, to pre!ent the absconding of persons in respect of hom the Prosecutor has already re2uested a arrant of arrest under article BA/ ;/ The ma"ing of a challenge shall not affect the !alidity of any act performed by the Prosecutor or any order or arrant issued by the Court prior to the ma"ing of the challenge/ 0C/ *f the Court has decided that a case is inadmissible under article 0>, the Prosecutor may submit a re2uest for a re!ie of the decision hen he or she is fully satisfied that ne facts ha!e arisen hich negate the basis on hich the case had pre!iously been found inadmissible under article 0>/ 00/ *f the Prosecutor, ha!ing regard to the matters referred to in article 0>, defers an in!estigation, the Prosecutor may re2uest that the rele!ant State ma"e a!ailable to the Prosecutor information on the proceedings/ That information shall, at the re2uest of the State concerned, be confidential/ *f the Prosecutor thereafter decides to proceed ith an in!estigation, he or she shall notify the State to hich deferral of the proceedings has ta"en place/ 0/ PART %. 1ENERAL PRINCIPLES OF CRIMINAL LA, 0/ E&cept as pro!ided in this Statute, no person shall be tried before the Court ith respect to conduct hich formed the basis of crimes for hich the person has been con!icted or ac2uitted by the Court/ 1/ )o person shall be tried by another court for a crime referred to in article B for hich that person has already been con!icted or ac2uitted by the Court/ 3/ )o person ho has been tried by another court for conduct also proscribed under article @, > or A shall be tried by the Court ith respect to the same conduct unless the proceedings in the other court4 ,a. 6ere for the purpose of shielding the person concerned from criminal responsibility for crimes ithin the 'urisdiction of the Court5 or ,b. 9ther ise ere not conducted independently or impartially in accordance ith the norms of due process recogni#ed by international la and ere conducted in a manner hich, in the circumstances, as inconsistent ith an intent to bring the person concerned to 'ustice/ Article 22 Nullu. cri.en ine le'e 0/ A person shall not be criminally responsible under this Statute unless the conduct in 2uestion constitutes, at the time it ta"es place, a crime ithin the 'urisdiction of the Court/ 1/ The definition of a crime shall be strictly construed and shall not be e&tended by analogy/ *n case of ambiguity, the definition shall be interpreted in fa!our of the person being in!estigated, prosecuted or con!icted/ 3/ This article shall not affect the characteri#ation of any conduct as criminal under international la independently of this Statute/

Article 2% Nulla !oena ine le'e A person con!icted by the Court may be punished only in accordance ith this Statute/

Article 21 A!!lica8le la# The Court shall apply4 ,a. *n the first place, this Statute, Elements of Crimes and its Rules of Procedure and E!idence5 ,b. *n the second place, here appropriate, applicable treaties and the principles and rules of international la , including the established principles of the international la armed conflict5

Article 2& Non:retroacti9it3 ratione !er onae 0/ )o person shall be criminally responsible under this Statute for conduct prior to the entry into force of the Statute/ 1/ *n the e!ent of a change in the la applicable to a gi!en case prior to a final 'udgement, the la more fa!ourable to the person being in!estigated, prosecuted or con!icted shall apply/ of Article 2- In$i9i$ual cri.inal re !on i8ilit3

,c. 7ailing that, general principles of la deri!ed by the Court from national la s of legal systems of the orld including, as appropriate, the national la s of States that ould normally e&ercise 'urisdiction o!er the crime, pro!ided that those principles are not inconsistent ith this Statute and ith international la and internationally recogni#ed norms and standards/ 1/ The Court may apply principles and rules of la its pre!ious decisions/ as interpreted in

0/ The Court shall ha!e 'urisdiction o!er natural persons pursuant to this Statute/ 1/ A person ho commits a crime ithin the 'urisdiction of the Court shall be indi!idually responsible and liable for punishment in accordance ith this Statute/ 3/ *n accordance ith this Statute, a person shall be criminally responsible and liable for punishment for a crime ithin the 'urisdiction of the Court if that person4 ,a. Commits such a crime, hether as an indi!idual, 'ointly ith another or through another person, regardless of hether that other person is criminally responsible5

3/ The application and interpretation of la pursuant to this article must be consistent ith internationally recogni#ed human rights, and be ithout any ad!erse distinction founded on grounds such as gender as defined in article >, paragraph 3, age, race, colour, language, religion or belief, political or other opinion, national, ethnic or social origin, ealth, birth or other status/

@

,b. 9rders, solicits or induces the commission of such a crime hich in fact occurs or is attempted5 ,c. 7or the purpose of facilitating the commission of such a crime, aids, abets or other ise assists in its commission or its attempted commission, including pro!iding the means for its commission5 ,d. *n any other ay contributes to the commission or attempted commission of such a crime by a group of persons acting ith a common purpose/ Such contribution shall be intentional and shall either4 ,i. Be made ith the aim of furthering the criminal acti!ity or criminal purpose of the group, here such acti!ity or purpose in!ol!es the commission of a crime ithin the 'urisdiction of the Court5 or ,ii. Be made in the "no ledge of the intention of the group to commit the crime5

a person from criminal responsibility under this Statute, nor shall it, in and of itself, constitute a ground for reduction of sentence/ 1/ *mmunities or special procedural rules hich may attach to the official capacity of a person, hether under national or international la , shall not bar the Court from e&ercising its 'urisdiction o!er such a person/ Article 24 Re !on i8ilit3 o" co..an$er an$ other u!erior *n addition to other grounds of criminal responsibility under this Statute for crimes ithin the 'urisdiction of the Court4 ,a. A military commander or person effecti!ely acting as a military commander shall be criminally responsible for crimes ithin the 'urisdiction of the Court committed by forces under his or her effecti!e command and control, or effecti!e authority and control as the case may be, as a result of his or her failure to e&ercise control properly o!er such forces, here4 ,i. That military commander or person either "ne or, o ing to the circumstances at the time, should ha!e "no n that the forces ere committing or about to commit such crimes5 and ,ii. That military commander or person failed to ta"e all necessary and reasonable measures ithin his or her po er to pre!ent or repress their commission or to submit the matter to the competent authorities for in!estigation and prosecution/

Article 25 Non:a!!lica8ilit3 o" tatute o" li.itation The crimes ithin the 'urisdiction of the Court shall not be sub'ect to any statute of limitations/ Article %6 Mental ele.ent 0/ (nless other ise pro!ided, a person shall be criminally responsible and liable for punishment for a crime ithin the 'urisdiction of the Court only if the material elements are committed ith intent and "no ledge/ 1/ 7or the purposes of this article, a person has intent here4 ,a. *n relation to conduct, that person means to engage in the conduct5 ,b. *n relation to a conse2uence, that person means to cause that conse2uence or is a are that it ill occur in the ordinary course of e!ents/ 3/ 7or the purposes of this article, -"no ledge- means a areness that a circumstance e&ists or a conse2uence ill occur in the ordinary course of e!ents/ -8no - and -"no ingly- shall be construed accordingly/ Article %1 1roun$ "or e7clu$in' cri.inal re !on i8ilit3 0/ *n addition to other grounds for e&cluding criminal responsibility pro!ided for in this Statute, a person shall not be criminally responsible if, at the time of that person=s conduct4 ,a. The person suffers from a mental disease or defect that destroys that person=s capacity to appreciate the unla fulness or nature of his or her conduct, or capacity to control his or her conduct to conform to the re2uirements of la 5 ,b. The person is in a state of into&ication that destroys that person=s capacity to appreciate the unla fulness or nature of his or her conduct, or capacity to control his or her conduct to conform to the re2uirements of la , unless the person has become !oluntarily into&icated under such circumstances that the person "ne , or disregarded the ris", that, as a result of the into&ication, he or she as li"ely to engage in conduct constituting a crime ithin the 'urisdiction of the Court5 ,c. The person acts reasonably to defend himself or herself or another person or, in the case of ar crimes, property hich is essential for the sur!i!al of the person or another person or property hich is essential for accomplishing a military mission, against an imminent and unla ful use of force in a manner proportionate to the degree of danger to the person or the other

,e. *n respect of the crime of genocide, directly and publicly incites others to commit genocide5 ,f. Attempts to commit such a crime by ta"ing action that commences its e&ecution by means of a substantial step, but the crime does not occur because of circumstances independent of the person=s intentions/ +o e!er, a person ho abandons the effort to commit the crime or other ise pre!ents the completion of the crime shall not be liable for punishment under this Statute for the attempt to commit that crime if that person completely and !oluntarily ga!e up the criminal purpose/ </ )o pro!ision in this Statute relating to indi!idual criminal responsibility shall affect the responsibility of States under international la / Article 20 E7clu ion o" /uri $iction o9er !er on un$er ei'hteen The Court shall ha!e no 'urisdiction o!er any person ho as under the age of 0A at the time of the alleged commission of a crime/

,b. 6ith respect to superior and subordinate relationships not described in paragraph ,a., a superior shall be criminally responsible for crimes ithin the 'urisdiction of the Court committed by subordinates under his or her effecti!e authority and control, as a result of his or her failure to e&ercise control properly o!er such subordinates, here4 ,i. The superior either "ne , or consciously disregarded information hich clearly indicated, that the subordinates ere committing or about to commit such crimes5 ,ii. The crimes concerned acti!ities that ere ithin the effecti!e responsibility and control of the superior5 and ,iii. The superior failed to ta"e all necessary and reasonable measures ithin his or her po er to pre!ent or repress their commission or to submit the matter to the competent authorities for in!estigation and prosecution/

Article 22 Irrele9ance o" o""icial ca!acit3 0/ This Statute shall apply e2ually to all persons ithout any distinction based on official capacity/ *n particular, official capacity as a +ead of State or :o!ernment, a member of a :o!ernment or parliament, an elected representati!e or a go!ernment official shall in no case e&empt

>

person or property protected/ The fact that the person as in!ol!ed in a defensi!e operation conducted by forces shall not in itself constitute a ground for e&cluding criminal responsibility under this subparagraph5 ,d. The conduct hich is alleged to constitute a crime ithin the 'urisdiction of the Court has been caused by duress resulting from a threat of imminent death or of continuing or imminent serious bodily harm against that person or another person, and the person acts necessarily and reasonably to a!oid this threat, pro!ided that the person does not intend to cause a greater harm than the one sought to be a!oided/ Such a threat may either be4 ,i. Made by other persons5 or

,b. ,c.

The person did not "no

that the order as unla ful5 and

the reasons hy this is considered necessary and appropriate/ The Registrar shall promptly circulate any such proposal to all States Parties/ ,b. Any such proposal shall then be considered at a meeting of the Assembly of States Parties to be con!ened in accordance ith article 001/ The proposal shall be considered adopted if appro!ed at the meeting by a !ote of t o thirds of the members of the Assembly of States Parties and shall enter into force at such time as decided by the Assembly of States Parties/ ,c. ,i. 9nce a proposal for an increase in the number of 'udges has been adopted under subparagraph ,b., the election of the additional 'udges shall ta"e place at the ne&t session of the Assembly of States Parties in accordance ith paragraphs 3 to A, and article 3>, paragraph 15 ,ii. 9nce a proposal for an increase in the number of 'udges has been adopted and brought into effect under subparagraphs ,b. and ,c. ,i., it shall be open to the Presidency at any time thereafter, if the or"load of the Court 'ustifies it, to propose a reduction in the number of 'udges, pro!ided that the number of 'udges shall not be reduced belo that specified in paragraph 0/ The proposal shall be dealt ith in accordance ith the procedure laid do n in subparagraphs ,a. and ,b./ *n the e!ent that the proposal is adopted, the number of 'udges shall be progressi!ely decreased as the terms of office of ser!ing 'udges e&pire, until the necessary number has been reached/ 3/ ,a. The 'udges shall be chosen from among persons of high moral character, impartiality and integrity ho possess the 2ualifications re2uired in their respecti!e States for appointment to the highest 'udicial offices/ ,b. E!ery candidate for election to the Court shall4 ,i. +a!e established competence in criminal la and procedure, and the necessary rele!ant e&perience, hether as 'udge, prosecutor, ad!ocate or in other similar capacity, in criminal proceedings5 or ,ii. +a!e established competence in rele!ant areas of international la such as international humanitarian la and the la of human rights, and e&tensi!e e&perience in a professional legal capacity hich is of rele!ance to the 'udicial or" of the Court5 ,c. E!ery candidate for election to the Court shall ha!e an e&cellent "no ledge of and be fluent in at least one of the or"ing languages of the Court/ </ ,a. )ominations of candidates for election to the Court may be made by any State Party to this Statute, and shall be made either4

The order as not manifestly unla ful/

1/ 7or the purposes of this article, orders to commit genocide or crimes against humanity are manifestly unla ful/ PART &. COMPOSITION AN) A)MINISTRATION OF THE COURT Article %& Or'an o" the Court The Court shall be composed of the follo ing organs4 ,a. The Presidency5

,ii. Constituted by other circumstances beyond that person=s control/ 1/ The Court shall determine the applicability of the grounds for e&cluding criminal responsibility pro!ided for in this Statute to the case before it/ 3/ At trial, the Court may consider a ground for e&cluding criminal responsibility other than those referred to in paragraph 0 here such a ground is deri!ed from applicable la as set forth in article 10/ The procedures relating to the consideration of such a ground shall be pro!ided for in the Rules of Procedure and E!idence/ Article %2 Mi ta;e o" "act or .i ta;e o" la# 0/ A mista"e of fact shall be a ground for e&cluding criminal responsibility only if it negates the mental element re2uired by the crime/ 1/ A mista"e of la as to hether a particular type of conduct is a crime ithin the 'urisdiction of the Court shall not be a ground for e&cluding criminal responsibility/ A mista"e of la may, ho e!er, be a ground for e&cluding criminal responsibility if it negates the mental element re2uired by such a crime, or as pro!ided for in article 33/

,b. An Appeals %i!ision, a Trial %i!ision and a Pre$Trial %i!ision5 ,c. ,d. The 9ffice of the Prosecutor5 The Registry/

Article %- Ser9ice o" /u$'e 0/ All 'udges shall be elected as full$time members of the Court and shall be a!ailable to ser!e on that basis from the commencement of their terms of office/ 1/ The 'udges composing the Presidency shall ser!e on a full$time basis as soon as they are elected/ 3/ The Presidency may, on the basis of the or"load of the Court and in consultation ith its members, decide from time to time to hat e&tent the remaining 'udges shall be re2uired to ser!e on a full$time basis/ Any such arrangement shall be ithout pre'udice to the pro!isions of article <C/ </ The financial arrangements for 'udges not re2uired to ser!e on a full$time basis shall be made in accordance ith article <;/

Article %% Su!erior or$er an$ !re cri!tion o" la# 0/ The fact that a crime ithin the 'urisdiction of the Court has been committed by a person pursuant to an order of a :o!ernment or of a superior, hether military or ci!ilian, shall not relie!e that person of criminal responsibility unless4 ,a. The person as under a legal obligation to obey orders of the :o!ernment or the superior in 2uestion5

Article %0 <uali"ication * no.ination an$ election o" /u$'e 0/ Sub'ect to the pro!isions of paragraph 1, there shall be 0A 'udges of the Court/ 1/ ,a. The Presidency, acting on behalf of the Court, may propose an increase in the number of 'udges specified in paragraph 0, indicating

A

,i. By the procedure for the nomination of candidates for appointment to the highest 'udicial offices in the State in 2uestion5 or ,ii. By the procedure pro!ided for the nomination of candidates for the *nternational Court of Dustice in the Statute of that Court/ )ominations shall be accompanied by a statement in the necessary detail specifying ho the candidate fulfils the re2uirements of paragraph 3/ ,b. Each State Party may put for ard one candidate for any gi!en election ho need not necessarily be a national of that State Party but shall in any case be a national of a State Party/ ,c. The Assembly of States Parties may decide to establish, if appropriate, an Ad!isory Committee on nominations/ *n that e!ent, the Committee=s composition and mandate shall be established by the Assembly of States Parties/ B/ 7or the purposes of the election, there shall be t o lists of candidates4 List A containing the names of candidates ith the 2ualifications specified in paragraph 3 ,b. ,i.5 and List B containing the names of candidates ith the 2ualifications specified in paragraph 3 ,b. ,ii./ A candidate ith sufficient 2ualifications for both lists may choose on hich list to appear/ At the first election to the Court, at least nine 'udges shall be elected from list A and at least fi!e 'udges from list B/ Subse2uent elections shall be so organi#ed as to maintain the e2ui!alent proportion on the Court of 'udges 2ualified on the t o lists/ @/ ,a. The 'udges shall be elected by secret ballot at a meeting of the Assembly of States Parties con!ened for that purpose under article 001/ Sub'ect to paragraph >, the persons elected to the Court shall be the 0A candidates ho obtain the highest number of !otes and a t o$thirds ma'ority of the States Parties present and !oting/ ,b. *n the e!ent that a sufficient number of 'udges is not elected on the first ballot, successi!e ballots shall be held in accordance ith the procedures laid do n in subparagraph ,a. until the remaining places ha!e been filled/ >/ )o t o 'udges may be nationals of the same State/ A person ho, for the purposes of membership of the Court, could be regarded as a national of more than one State shall be deemed to be a national of the State in hich that person ordinarily e&ercises ci!il and political rights/ A/ ,a. The States Parties shall, in the selection of 'udges, ta"e into account the need, ithin the membership of the Court, for4 ,i. The representation of the principal legal systems of the orld5

,ii.

E2uitable geographical representation5 and

the 9ffice of the Prosecutor5 and ,b. Statute/ The other functions conferred upon it in accordance ith this

,iii. A fair representation of female and male 'udges/ ,b. States Parties shall also ta"e into account the need to include 'udges ith legal e&pertise on specific issues, including, but not limited to, !iolence against omen or children/ ;/ ,a. Sub'ect to subparagraph ,b., 'udges shall hold office for a term of nine years and, sub'ect to subparagraph ,c. and to article 3>, paragraph 1, shall not be eligible for re$election/ ,b. At the first election, one third of the 'udges elected shall be selected by lot to ser!e for a term of three years5 one third of the 'udges elected shall be selected by lot to ser!e for a term of si& years5 and the remainder shall ser!e for a term of nine years/ ,c. A 'udge ho is selected to ser!e for a term of three years under subparagraph ,b. shall be eligible for re$election for a full term/ 0C/ )ot ithstanding paragraph ;, a 'udge assigned to a Trial or Appeals Chamber in accordance ith article 3; shall continue in office to complete any trial or appeal the hearing of hich has already commenced before that Chamber/ Article %2 (u$icial 9acancie 0/ *n the e!ent of a !acancy, an election shall be held in accordance ith article 3@ to fill the !acancy/ 1/ A 'udge elected to fill a !acancy shall ser!e for the remainder of the predecessor=s term and, if that period is three years or less, shall be eligible for re$election for a full term under article 3@/

</ *n discharging its responsibility under paragraph 3 ,a., the Presidency shall coordinate ith and see" the concurrence of the Prosecutor on all matters of mutual concern/

Article %5 Cha.8er 0/ As soon as possible after the election of the 'udges, the Court shall organi#e itself into the di!isions specified in article 3<, paragraph ,b./ The Appeals %i!ision shall be composed of the President and four other 'udges, the Trial %i!ision of not less than si& 'udges and the Pre$Trial %i!ision of not less than si& 'udges/ The assignment of 'udges to di!isions shall be based on the nature of the functions to be performed by each di!ision and the 2ualifications and e&perience of the 'udges elected to the Court, in such a ay that each di!ision shall contain an appropriate combination of e&pertise in criminal la and procedure and in international la / The Trial and Pre$Trial %i!isions shall be composed predominantly of 'udges ith criminal trial e&perience/ 1/ ,a. The 'udicial functions of the Court shall be carried out in each di!ision by Chambers/ ,b. ,i. The Appeals Chamber shall be composed of all the 'udges of the Appeals %i!ision5 ,ii. The functions of the Trial Chamber shall be carried out by three 'udges of the Trial %i!ision5 ,iii. The functions of the Pre$Trial Chamber shall be carried out either by three 'udges of the Pre$Trial %i!ision or by a single 'udge of that di!ision in accordance ith this Statute and the Rules of Procedure and E!idence5 ,c. )othing in this paragraph shall preclude the simultaneous constitution of more than one Trial Chamber or Pre$Trial Chamber hen the efficient management of the Court=s or"load so re2uires/ 3/ ,a. Dudges assigned to the Trial and Pre$Trial %i!isions shall ser!e in those di!isions for a period of three years, and thereafter until the completion of any case the hearing of hich has already commenced in the di!ision concerned/ ,b. Dudges assigned to the Appeals %i!ision shall ser!e in that di!ision for their entire term of office/ </ Dudges assigned to the Appeals %i!ision shall ser!e only in that di!ision/ )othing in this article shall, ho e!er, preclude the temporary

Article %4 The Pre i$enc3 0/ The President and the 7irst and Second ?ice$Presidents shall be elected by an absolute ma'ority of the 'udges/ They shall each ser!e for a term of three years or until the end of their respecti!e terms of office as 'udges, hiche!er e&pires earlier/ They shall be eligible for re$election once/ 1/ The 7irst ?ice$President shall act in place of the President in the e!ent that the President is una!ailable or dis2ualified/ The Second ?ice$ President shall act in place of the President in the e!ent that both the President and the 7irst ?ice$President are una!ailable or dis2ualified/ 3/ The President, together ith the 7irst and Second ?ice$Presidents, shall constitute the Presidency, hich shall be responsible for4 ,a. The proper administration of the Court, ith the e&ception of

;

attachment of 'udges from the Trial %i!ision to the Pre$Trial %i!ision or !ice !ersa, if the Presidency considers that the efficient management of the Court=s or"load so re2uires, pro!ided that under no circumstances shall a 'udge ho has participated in the pre$trial phase of a case be eligible to sit on the Trial Chamber hearing that case/ Article &6 In$e!en$ence o" the /u$'e 0/ The 'udges shall be independent in the performance of their functions/ 1/ Dudges shall not engage in any acti!ity hich is li"ely to interfere ith their 'udicial functions or to affect confidence in their independence/ 3/ Dudges re2uired to ser!e on a full$time basis at the seat of the Court shall not engage in any other occupation of a professional nature/ </ Any 2uestion regarding the application of paragraphs 1 and 3 shall be decided by an absolute ma'ority of the 'udges/ 6here any such 2uestion concerns an indi!idual 'udge, that 'udge shall not ta"e part in the decision/

substantiated information on crimes ithin the 'urisdiction of the Court, for e&amining them and for conducting in!estigations and prosecutions before the Court/ A member of the 9ffice shall not see" or act on instructions from any e&ternal source/ 1/ The 9ffice shall be headed by the Prosecutor/ The Prosecutor shall ha!e full authority o!er the management and administration of the 9ffice, including the staff, facilities and other resources thereof/ The Prosecutor shall be assisted by one or more %eputy Prosecutors, ho shall be entitled to carry out any of the acts re2uired of the Prosecutor under this Statute/ The Prosecutor and the %eputy Prosecutors shall be of different nationalities/ They shall ser!e on a full$time basis/ 3/ The Prosecutor and the %eputy Prosecutors shall be persons of high moral character, be highly competent in and ha!e e&tensi!e practical e&perience in the prosecution or trial of criminal cases/ They shall ha!e an e&cellent "no ledge of and be fluent in at least one of the or"ing languages of the Court/ </ The Prosecutor shall be elected by secret ballot by an absolute ma'ority of the members of the Assembly of States Parties/ The %eputy Prosecutors shall be elected in the same ay from a list of candidates pro!ided by the Prosecutor/ The Prosecutor shall nominate three candidates for each position of %eputy Prosecutor to be filled/ (nless a shorter term is decided upon at the time of their election, the Prosecutor and the %eputy Prosecutors shall hold office for a term of nine years and shall not be eligible for re$election/ B/ )either the Prosecutor nor a %eputy Prosecutor shall engage in any acti!ity hich is li"ely to interfere ith his or her prosecutorial functions or to affect confidence in his or her independence/ They shall not engage in any other occupation of a professional nature/ @/ The Presidency may e&cuse the Prosecutor or a %eputy Prosecutor, at his or her re2uest, from acting in a particular case/ >/ )either the Prosecutor nor a %eputy Prosecutor shall participate in any matter in hich their impartiality might reasonably be doubted on any ground/ They shall be dis2ualified from a case in accordance ith this paragraph if, inter alia, they ha!e pre!iously been in!ol!ed in any capacity in that case before the Court or in a related criminal case at the national le!el in!ol!ing the person being in!estigated or prosecuted/ A/ Any 2uestion as to the dis2ualification of the Prosecutor or a %eputy Prosecutor shall be decided by the Appeals Chamber/ ,a. The person being in!estigated or prosecuted may at any time re2uest the dis2ualification of the Prosecutor or a %eputy Prosecutor on the grounds set out in this article5 ,b. The Prosecutor or the %eputy Prosecutor, as appropriate, shall be entitled to present his or her comments on the matter5 ;/ The Prosecutor shall appoint ad!isers ith legal e&pertise on specific issues, including, but not limited to, se&ual and gender !iolence

and !iolence against children/ Article &% The Re'i tr3 0/ The Registry shall be responsible for the non$'udicial aspects of the administration and ser!icing of the Court, ithout pre'udice to the functions and po ers of the Prosecutor in accordance ith article <1/ 1/ The Registry shall be headed by the Registrar, ho shall be the principal administrati!e officer of the Court/ The Registrar shall e&ercise his or her functions under the authority of the President of the Court/ 3/ The Registrar and the %eputy Registrar shall be persons of high moral character, be highly competent and ha!e an e&cellent "no ledge of and be fluent in at least one of the or"ing languages of the Court/ </ The 'udges shall elect the Registrar by an absolute ma'ority by secret ballot, ta"ing into account any recommendation by the Assembly of States Parties/ *f the need arises and upon the recommendation of the Registrar, the 'udges shall elect, in the same manner, a %eputy Registrar/ B/ The Registrar shall hold office for a term of fi!e years, shall be eligible for re$election once and shall ser!e on a full$time basis/ The %eputy Registrar shall hold office for a term of fi!e years or such shorter term as may be decided upon by an absolute ma'ority of the 'udges, and may be elected on the basis that the %eputy Registrar shall be called upon to ser!e as re2uired/ @/ The Registrar shall set up a ?ictims and 6itnesses (nit ithin the Registry/ This (nit shall pro!ide, in consultation ith the 9ffice of the Prosecutor, protecti!e measures and security arrangements, counselling and other appropriate assistance for itnesses, !ictims ho appear before the Court, and others ho are at ris" on account of testimony gi!en by such itnesses/ The (nit shall include staff ith e&pertise in trauma, including trauma related to crimes of se&ual !iolence/

Article &1 E7cu in' an$ $i =uali"ication o" /u$'e 0/ The Presidency may, at the re2uest of a 'udge, e&cuse that 'udge from the e&ercise of a function under this Statute, in accordance ith the Rules of Procedure and E!idence/ 1/ ,a. A 'udge shall not participate in any case in hich his or her impartiality might reasonably be doubted on any ground/ A 'udge shall be dis2ualified from a case in accordance ith this paragraph if, inter alia, that 'udge has pre!iously been in!ol!ed in any capacity in that case before the Court or in a related criminal case at the national le!el in!ol!ing the person being in!estigated or prosecuted/ A 'udge shall also be dis2ualified on such other grounds as may be pro!ided for in the Rules of Procedure and E!idence/ ,b. The Prosecutor or the person being in!estigated or prosecuted may re2uest the dis2ualification of a 'udge under this paragraph/ ,c. Any 2uestion as to the dis2ualification of a 'udge shall be decided by an absolute ma'ority of the 'udges/ The challenged 'udge shall be entitled to present his or her comments on the matter, but shall not ta"e part in the decision/

Article && Sta"" 0/ The Prosecutor and the Registrar shall appoint such 2ualified staff as may be re2uired to their respecti!e offices/ *n the case of the Prosecutor, this shall include the appointment of in!estigators/ 1/ *n the employment of staff, the Prosecutor and the Registrar shall ensure the highest standards of efficiency, competency and integrity, and shall ha!e regard, mutatis mutandis, to the criteria set forth in article 3@, paragraph A/ 3/ The Registrar, ith the agreement of the Presidency and the Prosecutor, shall propose Staff Regulations hich include the terms and conditions upon hich the staff of the Court shall be appointed, remunerated and dismissed/ The Staff Regulations shall be appro!ed by the Assembly of States Parties/ </ The Court may, in e&ceptional circumstances, employ the

Article &2 The O""ice o" the Pro ecutor 0/ The 9ffice of the Prosecutor shall act independently as a separate organ of the Court/ *t shall be responsible for recei!ing referrals and any

0C

e&pertise of gratis personnel offered by States Parties, intergo!ernmental organi#ations or non$go!ernmental organi#ations to assist ith the or" of any of the organs of the Court/ The Prosecutor may accept any such offer on behalf of the 9ffice of the Prosecutor/ Such gratis personnel shall be employed in accordance ith guidelines to be established by the Assembly of States Parties/

accordance ith the Rules of Procedure and E!idence/ The person in 2uestion shall not other ise participate in the consideration of the matter/ Article &2 )i ci!linar3 .ea ure A 'udge, Prosecutor, %eputy Prosecutor, Registrar or %eputy Registrar ho has committed misconduct of a less serious nature than that set out in article <@, paragraph 0, shall be sub'ect to disciplinary measures, in accordance ith the Rules of Procedure and E!idence/

The 'udges, the Prosecutor, the %eputy Prosecutors, the Registrar and the %eputy Registrar shall recei!e such salaries, allo ances and e&penses as may be decided upon by the Assembly of States Parties/ These salaries and allo ances shall not be reduced during their terms of office/

Article -6 O""icial an$ #or;in' lan'ua'e 0/ The official languages of the Court shall be Arabic, Chinese, English, 7rench, Russian and Spanish/ The 'udgements of the Court, as ell as other decisions resol!ing fundamental issues before the Court, shall be published in the official languages/ The Presidency shall, in accordance ith the criteria established by the Rules of Procedure and E!idence, determine hich decisions may be considered as resol!ing fundamental issues for the purposes of this paragraph/ 1/ The or"ing languages of the Court shall be English and 7rench/ The Rules of Procedure and E!idence shall determine the cases in hich other official languages may be used as or"ing languages/ 3/ At the re2uest of any party to a proceeding or a State allo ed to inter!ene in a proceeding, the Court shall authori#e a language other than English or 7rench to be used by such a party or State, pro!ided that the Court considers such authori#ation to be ade2uately 'ustified/

Article &- Sole.n un$erta;in' Before ta"ing up their respecti!e duties under this Statute, the 'udges, the Prosecutor, the %eputy Prosecutors, the Registrar and the %eputy Registrar shall each ma"e a solemn underta"ing in open court to e&ercise his or her respecti!e functions impartially and conscientiously/

Article &4 Pri9ile'e an$ i..unitie 0/ The Court shall en'oy in the territory of each State Party such pri!ileges and immunities as are necessary for the fulfilment of its purposes/

Article &0 Re.o9al "ro. o""ice 0/ A 'udge, the Prosecutor, a %eputy Prosecutor, the Registrar or the %eputy Registrar shall be remo!ed from office if a decision to this effect is made in accordance ith paragraph 1, in cases here that person4 ,a. *s found to ha!e committed serious misconduct or a serious breach of his or her duties under this Statute, as pro!ided for in the Rules of Procedure and E!idence5 or ,b. *s unable to e&ercise the functions re2uired by this Statute/ 1/ A decision as to the remo!al from office of a 'udge, the Prosecutor or a %eputy Prosecutor under paragraph 0 shall be made by the Assembly of States Parties, by secret ballot4 , a. *n the case of a 'udge, by a t o$thirds ma'ority of the States Parties upon a recommendation adopted by a t o$thirds ma'ority of the other 'udges5 ,b. *n the case of the Prosecutor, by an absolute ma'ority of the States Parties5 ,c. *n the case of a %eputy Prosecutor, by an absolute ma'ority of the States Parties upon the recommendation of the Prosecutor/ 3/ A decision as to the remo!al from office of the Registrar or %eputy Registrar shall be made by an absolute ma'ority of the 'udges/ </ A 'udge, Prosecutor, %eputy Prosecutor, Registrar or %eputy Registrar hose conduct or ability to e&ercise the functions of the office as re2uired by this Statute is challenged under this article shall ha!e full opportunity to present and recei!e e!idence and to ma"e submissions in 1/ The 'udges, the Prosecutor, the %eputy Prosecutors and the Registrar shall, hen engaged on or ith respect to the business of the Court, en'oy the same pri!ileges and immunities as are accorded to heads of diplomatic missions and shall, after the e&piry of their terms of office, continue to be accorded immunity from legal process of e!ery "ind in respect of ords spo"en or ritten and acts performed by them in their official capacity/ 3/ The %eputy Registrar, the staff of the 9ffice of the Prosecutor and the staff of the Registry shall en'oy the pri!ileges and immunities and facilities necessary for the performance of their functions, in accordance ith the agreement on the pri!ileges and immunities of the Court/ </ Counsel, e&perts, itnesses or any other person re2uired to be present at the seat of the Court shall be accorded such treatment as is necessary for the proper functioning of the Court, in accordance ith the agreement on the pri!ileges and immunities of the Court/ B/ The pri!ileges and immunities of4

Article -1 Rule o" Proce$ure an$ E9i$ence 0/ The Rules of Procedure and E!idence shall enter into force upon adoption by a t o$thirds ma'ority of the members of the Assembly of States Parties/ 1/ Amendments to the Rules of Procedure and E!idence may be proposed by4 ,a. Any State Party5 The 'udges acting by an absolute ma'ority5 or The Prosecutor/

,a. A 'udge or the Prosecutor may be ai!ed by an absolute ma'ority of the 'udges5 ,b. The Registrar may be ai!ed by the Presidency5

,b. ,c.

,c. The %eputy Prosecutors and staff of the 9ffice of the Prosecutor may be ai!ed by the Prosecutor5 ,d. The %eputy Registrar and staff of the Registry may be ai!ed by the Registrar/ Article &5 Salarie * allo#ance an$ e7!en e

Such amendments shall enter into force upon adoption by a t o$ thirds ma'ority of the members of the Assembly of States Parties/ 3/ After the adoption of the Rules of Procedure and E!idence, in urgent cases here the Rules do not pro!ide for a specific situation before the Court, the 'udges may, by a t o$thirds ma'ority, dra up pro!isional Rules to be applied until adopted, amended or re'ected at the ne&t ordinary or special session of the Assembly of States Parties/ </ The Rules of Procedure and E!idence, amendments thereto and

00

any pro!isional Rule shall be consistent ith this Statute/ Amendments to the Rules of Procedure and E!idence as ell as pro!isional Rules shall not be applied retroacti!ely to the detriment of the person ho is being in!estigated or prosecuted or ho has been con!icted/ B/ *n the e!ent of conflict bet een the Statute and the Rules of Procedure and E!idence, the Statute shall pre!ail/ Article -2 Re'ulation o" the Court 0/ The 'udges shall, in accordance ith this Statute and the Rules of Procedure and E!idence, adopt, by an absolute ma'ority, the Regulations of the Court necessary for its routine functioning/ 1/ The Prosecutor and the Registrar shall be consulted in the elaboration of the Regulations and any amendments thereto/ 3/ The Regulations and any amendments thereto shall ta"e effect upon adoption unless other ise decided by the 'udges/ *mmediately upon adoption, they shall be circulated to States Parties for comments/ *f ithin si& months there are no ob'ections from a ma'ority of States Parties, they shall remain in force/

,a. There is not a sufficient legal or factual basis to see" a arrant or summons under article BA5 ,b. The case is inadmissible under article 0>5 or

1/ The Prosecutor may conduct in!estigations on the territory of a State4 ,a. *n accordance ith the pro!isions of Part ;5 or ,b. As authori#ed by the Pre$Trial Chamber under article B>, paragraph 3 ,d./ 3/ The Prosecutor may4 ,a. Collect and e&amine e!idence5 ,b. Re2uest the presence of and 2uestion persons being in!estigated, !ictims and itnesses5 ,c. See" the cooperation of any State or intergo!ernmental organi#ation or arrangement in accordance ith its respecti!e competence andEor mandate5 ,d. Enter into such arrangements or agreements, not inconsistent ith this Statute, as may be necessary to facilitate the cooperation of a State, intergo!ernmental organi#ation or person5 ,e. Agree not to disclose, at any stage of the proceedings, documents or information that the Prosecutor obtains on the condition of confidentiality and solely for the purpose of generating ne e!idence, unless the pro!ider of the information consents5 and ,f. Ta"e necessary measures, or re2uest that necessary measures be ta"en, to ensure the confidentiality of information, the protection of any person or the preser!ation of e!idence/

,c. A prosecution is not in the interests of 'ustice, ta"ing into account all the circumstances, including the gra!ity of the crime, the interests of !ictims and the age or infirmity of the alleged perpetrator, and his or her role in the alleged crime5 the Prosecutor shall inform the Pre$Trial Chamber and the State ma"ing a referral under article 0< or the Security Council in a case under article 03, paragraph ,b., of his or her conclusion and the reasons for the conclusion/ 3/ ,a. At the re2uest of the State ma"ing a referral under article 0< or the Security Council under article 03, paragraph ,b., the Pre$Trial Chamber may re!ie a decision of the Prosecutor under paragraph 0 or 1 not to proceed and may re2uest the Prosecutor to reconsider that decision/ ,b. *n addition, the Pre$Trial Chamber may, on its o n initiati!e, re!ie a decision of the Prosecutor not to proceed if it is based solely on paragraph 0 ,c. or 1 ,c./ *n such a case, the decision of the Prosecutor shall be effecti!e only if confirmed by the Pre$Trial Chamber/ </ The Prosecutor may, at any time, reconsider a decision hether to initiate an in!estigation or prosecution based on ne facts or information/

PART -. IN>ESTI1ATION AN) PROSECUTION Article -% Initiation o" an in9e ti'ation 0/ The Prosecutor shall, ha!ing e!aluated the information made a!ailable to him or her, initiate an in!estigation unless he or she determines that there is no reasonable basis to proceed under this Statute/ *n deciding hether to initiate an in!estigation, the Prosecutor shall consider hether4 ,a. The information a!ailable to the Prosecutor pro!ides a reasonable basis to belie!e that a crime ithin the 'urisdiction of the Court has been or is being committed5 ,b. The case is or ould be admissible under article 0>5 and

Article -& )utie an$ !o#er o" the Pro ecutor #ith re !ect to in9e ti'ation 0/ The Prosecutor shall4 ,a. *n order to establish the truth, e&tend the in!estigation to co!er all facts and e!idence rele!ant to an assessment of hether there is criminal responsibility under this Statute, and, in doing so, in!estigate incriminating and e&onerating circumstances e2ually5 ,b. Ta"e appropriate measures to ensure the effecti!e in!estigation and prosecution of crimes ithin the 'urisdiction of the Court, and in doing so, respect the interests and personal circumstances of !ictims and itnesses, including age, gender as defined in article >, paragraph 3, and health, and ta"e into account the nature of the crime, in particular here it in!ol!es se&ual !iolence, gender !iolence or !iolence against children5 and ,c. 7ully respect the rights of persons arising under this Statute/

Article -- Ri'ht o" !er on $urin' an in9e ti'ation 0/ *n respect of an in!estigation under this Statute, a person4 ,a. Shall not be compelled to incriminate himself or herself or to confess guilt5 ,b. Shall not be sub'ected to any form of coercion, duress or threat, to torture or to any other form of cruel, inhuman or degrading treatment or punishment5 ,c. Shall, if 2uestioned in a language other than a language the person fully understands and spea"s, ha!e, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the re2uirements of fairness5 and ,d. Shall not be sub'ected to arbitrary arrest or detention, and shall not be depri!ed of his or her liberty e&cept on such

,c. Ta"ing into account the gra!ity of the crime and the interests of !ictims, there are nonetheless substantial reasons to belie!e that an in!estigation ould not ser!e the interests of 'ustice/ *f the Prosecutor determines that there is no reasonable basis to proceed and his or her determination is based solely on subparagraph ,c. abo!e, he or she shall inform the Pre$Trial Chamber/ 1/ *f, upon in!estigation, the Prosecutor concludes that there is not a sufficient basis for a prosecution because4

01

grounds and in accordance ith such procedures as are established in this Statute/ 1/ 6here there are grounds to belie!e that a person has committed a crime ithin the 'urisdiction of the Court and that person is about to be 2uestioned either by the Prosecutor, or by national authorities pursuant to a re2uest made under Part ;, that person shall also ha!e the follo ing rights of hich he or she shall be informed prior to being 2uestioned4 ,a. To be informed, prior to being 2uestioned, that there are grounds to belie!e that he or she has committed a crime ithin the 'urisdiction of the Court5 ,b. To remain silent, ithout such silence being a consideration in the determination of guilt or innocence5 ,c. To ha!e legal assistance of the person=s choosing, or, if the person does not ha!e legal assistance, to ha!e legal assistance assigned to him or her, in any case here the interests of 'ustice so re2uire, and ithout payment by the person in any such case if the person does not ha!e sufficient means to pay for it5 and ,d. To be 2uestioned in the presence of counsel unless the person has !oluntarily ai!ed his or her right to counsel/

,c.

Appointing an e&pert to assist5

,d. Authori#ing counsel for a person ho has been arrested, or appeared before the Court in response to a summons, to participate, or here there has not yet been such an arrest or appearance or counsel has not been designated, appointing another counsel to attend and represent the interests of the defence5 ,e. )aming one of its members or, if necessary, another a!ailable 'udge of the Pre$Trial or Trial %i!ision to obser!e and ma"e recommendations or orders regarding the collection and preser!ation of e!idence and the 2uestioning of persons5 ,f. Ta"ing such other action as may be necessary to collect or preser!e e!idence/ 3/ ,a. 6here the Prosecutor has not sought measures pursuant to this article but the Pre$Trial Chamber considers that such measures are re2uired to preser!e e!idence that it deems ould be essential for the defence at trial, it shall consult ith the Prosecutor as to hether there is good reason for the Prosecutor=s failure to re2uest the measures/ *f upon consultation, the Pre$Trial Chamber concludes that the Prosecutor=s failure to re2uest such measures is un'ustified, the Pre$Trial Chamber may ta"e such measures on its o n initiati!e/ ,b. A decision of the Pre$Trial Chamber to act on its o n initiati!e under this paragraph may be appealed by the Prosecutor/ The appeal shall be heard on an e&pedited basis/ </ The admissibility of e!idence preser!ed or collected for trial pursuant to this article, or the record thereof, shall be go!erned at trial by article @;, and gi!en such eight as determined by the Trial Chamber/ Article -2 Function an$ !o#er o" the Pre:Trial Cha.8er 0/ (nless other ise pro!ided in this Statute, the Pre$Trial Chamber shall e&ercise its functions in accordance ith the pro!isions of this article/ 1/ ,a. 9rders or rulings of the Pre$Trial Chamber issued under articles 0B, 0A, 0;, B<, paragraph 1, @0, paragraph >, and >1 must be concurred in by a ma'ority of its 'udges/ ,b. *n all other cases, a single 'udge of the Pre$Trial Chamber may e&ercise the functions pro!ided for in this Statute, unless other ise pro!ided for in the Rules of Procedure and E!idence or by a ma'ority of the Pre$Trial Chamber/ 3/ *n addition to its other functions under this Statute, the Pre$Trial Chamber may4

,a. At the re2uest of the Prosecutor, issue such orders and arrants as may be re2uired for the purposes of an in!estigation5 ,b. (pon the re2uest of a person ho has been arrested or has appeared pursuant to a summons under article BA, issue such orders, including measures such as those described in article B@, or see" such cooperation pursuant to Part ; as may be necessary to assist the person in the preparation of his or her defence5 ,c. 6here necessary, pro!ide for the protection and pri!acy of !ictims and itnesses, the preser!ation of e!idence, the protection of persons ho ha!e been arrested or appeared in response to a summons, and the protection of national security information5 ,d. Authori#e the Prosecutor to ta"e specific in!estigati!e steps ithin the territory of a State Party ithout ha!ing secured the cooperation of that State under Part ; if, hene!er possible ha!ing regard to the !ie s of the State concerned, the Pre$Trial Chamber has determined in that case that the State is clearly unable to e&ecute a re2uest for cooperation due to the una!ailability of any authority or any component of its 'udicial system competent to e&ecute the re2uest for cooperation under Part ;/ ,e. 6here a arrant of arrest or a summons has been issued under article BA, and ha!ing due regard to the strength of the e!idence and the rights of the parties concerned, as pro!ided for in this Statute and the Rules of Procedure and E!idence, see" the cooperation of States pursuant to article ;3, paragraph 0 ,"., to ta"e protecti!e measures for the purpose of forfeiture, in particular for the ultimate benefit of !ictims/ Article -4 I uance 83 the Pre:Trial Cha.8er o" a #arrant o" arre t or a u..on to a!!ear

Article -0 Role o" the Pre:Trial Cha.8er in relation to a uni=ue in9e ti'ati9e o!!ortunit3 0/ ,a. 6here the Prosecutor considers an in!estigation to present a uni2ue opportunity to ta"e testimony or a statement from a itness or to e&amine, collect or test e!idence, hich may not be a!ailable subse2uently for the purposes of a trial, the Prosecutor shall so inform the Pre$Trial Chamber/ ,b. *n that case, the Pre$Trial Chamber may, upon re2uest of the Prosecutor, ta"e such measures as may be necessary to ensure the efficiency and integrity of the proceedings and, in particular, to protect the rights of the defence/ ,c. (nless the Pre$Trial Chamber orders other ise, the Prosecutor shall pro!ide the rele!ant information to the person ho has been arrested or appeared in response to a summons in connection ith the in!estigation referred to in subparagraph ,a., in order that he or she may be heard on the matter/ 1/ The measures referred to in paragraph 0 ,b. may include4 ,a. Ma"ing recommendations or orders regarding procedures to be follo ed5 ,b. %irecting that a record be made of the proceedings5

0/ At any time after the initiation of an in!estigation, the Pre$Trial Chamber shall, on the application of the Prosecutor, issue a arrant of arrest of a person if, ha!ing e&amined the application and the e!idence or other information submitted by the Prosecutor, it is satisfied that4 ,a. There are reasonable grounds to belie!e that the person has committed a crime ithin the 'urisdiction of the Court5 and ,b. The arrest of the person appears necessary4

,i.

To ensure the person=s appearance at trial,

03

,ii. To ensure that the person does not obstruct or endanger the in!estigation or the court proceedings, or ,iii. 6here applicable, to pre!ent the person from continuing ith the commission of that crime or a related crime hich is ithin the 'urisdiction of the Court and hich arises out of the same circumstances/ 1/ The application of the Prosecutor shall contain4 ,a. The name of the person and any other rele!ant identifying information5 ,b. A specific reference to the crimes ithin the 'urisdiction of the Court hich the person is alleged to ha!e committed5 ,c. A concise statement of the facts hich are alleged to constitute those crimes5 ,d. A summary of the e!idence and any other information hich establish reasonable grounds to belie!e that the person committed those crimes5 and ,e. The reason hy the Prosecutor belie!es that the arrest of the person is necessary/ 3/ The arrant of arrest shall contain4 ,a. The name of the person and any other rele!ant identifying information5 ,b. A specific reference to the crimes ithin the 'urisdiction of the Court for hich the person=s arrest is sought5 and ,c. A concise statement of the facts hich are alleged to constitute those crimes/ </ The arrant of arrest shall remain in effect until other ise ordered by the Court/ B/ 9n the basis of the arrant of arrest, the Court may re2uest the pro!isional arrest or the arrest and surrender of the person under Part ;/ @/ The Prosecutor may re2uest the Pre$Trial Chamber to amend the arrant of arrest by modifying or adding to the crimes specified therein/ The Pre$Trial Chamber shall so amend the arrant if it is satisfied that there are reasonable grounds to belie!e that the person committed the modified or additional crimes/ >/ As an alternati!e to see"ing a arrant of arrest, the Prosecutor may submit an application re2uesting that the Pre$Trial Chamber issue a

summons for the person to appear/ *f the Pre$Trial Chamber is satisfied that there are reasonable grounds to belie!e that the person committed the crime alleged and that a summons is sufficient to ensure the person=s appearance, it shall issue the summons, ith or ithout conditions restricting liberty ,other than detention. if pro!ided for by national la , for the person to appear/ The summons shall contain4 ,a. The name of the person and any other rele!ant identifying information5 ,b. The specified date on hich the person is to appear5

recommendations on measures to pre!ent the escape of the person, before rendering its decision/ @/ *f the person is granted interim release, the Pre$Trial Chamber may re2uest periodic reports on the status of the interim release/ >/ 9nce ordered to be surrendered by the custodial State, the person shall be deli!ered to the Court as soon as possible/

,c. A specific reference to the crimes ithin the 'urisdiction of the Court hich the person is alleged to ha!e committed5 and ,d. A concise statement of the facts hich are alleged to constitute the crime/ The summons shall be ser!ed on the person/ Article -5 Arre t !rocee$in' in the cu to$ial State 0/ A State Party hich has recei!ed a re2uest for pro!isional arrest or for arrest and surrender shall immediately ta"e steps to arrest the person in 2uestion in accordance ith its la s and the pro!isions of Part ;/ 1/ A person arrested shall be brought promptly before the competent 'udicial authority in the custodial State hich shall determine, in accordance ith the la of that State, that4 ,a. The arrant applies to that person5 ,b. The person has been arrested in accordance ith the proper process5 and ,c. The person=s rights ha!e been respected/

Article 06 Initial !rocee$in' 8e"ore the Court 0/ (pon the surrender of the person to the Court, or the person=s appearance before the Court !oluntarily or pursuant to a summons, the Pre$Trial Chamber shall satisfy itself that the person has been informed of the crimes hich he or she is alleged to ha!e committed, and of his or her rights under this Statute, including the right to apply for interim release pending trial/ 1/ A person sub'ect to a arrant of arrest may apply for interim release pending trial/ *f the Pre$Trial Chamber is satisfied that the conditions set forth in article BA, paragraph 0, are met, the person shall continue to be detained/ *f it is not so satisfied, the Pre$Trial Chamber shall release the person, ith or ithout conditions/ 3/ The Pre$Trial Chamber shall periodically re!ie its ruling on the release or detention of the person, and may do so at any time on the re2uest of the Prosecutor or the person/ (pon such re!ie , it may modify its ruling as to detention, release or conditions of release, if it is satisfied that changed circumstances so re2uire/ </ The Pre$Trial Chamber shall ensure that a person is not detained for an unreasonable period prior to trial due to ine&cusable delay by the Prosecutor/ *f such delay occurs, the Court shall consider releasing the person, ith or ithout conditions/ B/ *f necessary, the Pre$Trial Chamber may issue a arrant of arrest to secure the presence of a person ho has been released/

3/ The person arrested shall ha!e the right to apply to the competent authority in the custodial State for interim release pending surrender/ </ *n reaching a decision on any such application, the competent authority in the custodial State shall consider hether, gi!en the gra!ity of the alleged crimes, there are urgent and e&ceptional circumstances to 'ustify interim release and hether necessary safeguards e&ist to ensure that the custodial State can fulfil its duty to surrender the person to the Court/ *t shall not be open to the competent authority of the custodial State to consider hether the arrant of arrest as properly issued in accordance ith article BA, paragraph 0 ,a. and ,b./ B/ The Pre$Trial Chamber shall be notified of any re2uest for interim release and shall ma"e recommendations to the competent authority in the custodial State/ The competent authority in the custodial State shall gi!e full consideration to such recommendations, including any

Article 01 Con"ir.ation o" the char'e 8e"ore trial 0/ Sub'ect to the pro!isions of paragraph 1, ithin a reasonable time after the person=s surrender or !oluntary appearance before the Court, the Pre$Trial Chamber shall hold a hearing to confirm the charges on hich the Prosecutor intends to see" trial/ The hearing shall be held in the presence of the Prosecutor and the person charged, as ell as his or her counsel/ 1/ The Pre$Trial Chamber may, upon re2uest of the Prosecutor or on its o n motion, hold a hearing in the absence of the person charged to

0<

confirm the charges on hich the Prosecutor intends to see" trial the person has4 ,a. 6ai!ed his or her right to be present5 or

hen

,a. Confirm those charges in relation to hich it has determined that there is sufficient e!idence, and commit the person to a Trial Chamber for trial on the charges as confirmed5 ,b. %ecline to confirm those charges in relation to hich it has determined that there is insufficient e!idence5 ,c. Ad'ourn the hearing and re2uest the Prosecutor to consider4 ,i. Pro!iding further e!idence or conducting further in!estigation ith respect to a particular charge5 or ,ii. Amending a charge because the e!idence submitted appears to establish a different crime ithin the 'urisdiction of the Court/ A/ 6here the Pre$Trial Chamber declines to confirm a charge, the Prosecutor shall not be precluded from subse2uently re2uesting its confirmation if the re2uest is supported by additional e!idence/ ;/ After the charges are confirmed and before the trial has begun, the Prosecutor may, ith the permission of the Pre$Trial Chamber and after notice to the accused, amend the charges/ *f the Prosecutor see"s to add additional charges or to substitute more serious charges, a hearing under this article to confirm those charges must be held/ After commencement of the trial, the Prosecutor may, ith the permission of the Trial Chamber, ithdra the charges/ 0C/ Any arrant pre!iously issued shall cease to ha!e effect ith respect to any charges hich ha!e not been confirmed by the Pre$Trial Chamber or hich ha!e been ithdra n by the Prosecutor/ 00/ 9nce the charges ha!e been confirmed in accordance ith this article, the Presidency shall constitute a Trial Chamber hich, sub'ect to paragraph ; and to article @<, paragraph <, shall be responsible for the conduct of subse2uent proceedings and may e&ercise any function of the Pre$Trial Chamber that is rele!ant and capable of application in those proceedings/

0/

The accused shall be present during the trial/

,b. 7led or cannot be found and all reasonable steps ha!e been ta"en to secure his or her appearance before the Court and to inform the person of the charges and that a hearing to confirm those charges ill be held/ *n that case, the person shall be represented by counsel here the Pre$Trial Chamber determines that it is in the interests of 'ustice/ 3/ 6ithin a reasonable time before the hearing, the person shall4 ,a. Be pro!ided ith a copy of the document containing the charges on hich the Prosecutor intends to bring the person to trial5 and ,b. Be informed of the e!idence on hich the Prosecutor intends to rely at the hearing/ The Pre$Trial Chamber may issue orders regarding the disclosure of information for the purposes of the hearing/ </ Before the hearing, the Prosecutor may continue the in!estigation and may amend or ithdra any charges/ The person shall be gi!en reasonable notice before the hearing of any amendment to or ithdra al of charges/ *n case of a ithdra al of charges, the Prosecutor shall notify the Pre$Trial Chamber of the reasons for the ithdra al/ B/ At the hearing, the Prosecutor shall support each charge ith sufficient e!idence to establish substantial grounds to belie!e that the person committed the crime charged/ The Prosecutor may rely on documentary or summary e!idence and need not call the itnesses e&pected to testify at the trial/ @/ At the hearing, the person may4 ,a. ,b. ,c. 9b'ect to the charges5

1/ *f the accused, being present before the Court, continues to disrupt the trial, the Trial Chamber may remo!e the accused and shall ma"e pro!ision for him or her to obser!e the trial and instruct counsel from outside the courtroom, through the use of communications technology, if re2uired/ Such measures shall be ta"en only in e&ceptional circumstances after other reasonable alternati!es ha!e pro!ed inade2uate, and only for such duration as is strictly re2uired/

Article 0& Function an$ !o#er o" the Trial Cha.8er 0/ The functions and po ers of the Trial Chamber set out in this article shall be e&ercised in accordance ith this Statute and the Rules of Procedure and E!idence/ 1/ The Trial Chamber shall ensure that a trial is fair and e&peditious and is conducted ith full respect for the rights of the accused and due regard for the protection of !ictims and itnesses/ 3/ (pon assignment of a case for trial in accordance the Trial Chamber assigned to deal ith the case shall4 ith this Statute,

,a. Confer ith the parties and adopt such procedures as are necessary to facilitate the fair and e&peditious conduct of the proceedings5 ,b. %etermine the language or languages to be used at trial5 and ,c. Sub'ect to any other rele!ant pro!isions of this Statute, pro!ide for disclosure of documents or information not pre!iously disclosed, sufficiently in ad!ance of the commencement of the trial to enable ade2uate preparation for trial/ </ The Trial Chamber may, if necessary for its effecti!e and fair functioning, refer preliminary issues to the Pre$Trial Chamber or, if necessary, to another a!ailable 'udge of the Pre$Trial %i!ision/ B/ (pon notice to the parties, the Trial Chamber may, as appropriate, direct that there be 'oinder or se!erance in respect of charges against more than one accused/ @/ *n performing its functions prior to trial or during the course of a trial, the Trial Chamber may, as necessary4 ,a. E&ercise any functions of the Pre$Trial Chamber referred to in article @0, paragraph 005

PART 0. THE TRIAL Challenge the e!idence presented by the Prosecutor5 and Present e!idence/ Article 02 Place o" trial (nless other ise decided, the place of the trial shall be the seat of the Court/

>/ The Pre$Trial Chamber shall, on the basis of the hearing, determine hether there is sufficient e!idence to establish substantial grounds to belie!e that the person committed each of the crimes charged/ Based on its determination, the Pre$Trial Chamber shall4

Article 0% Trial in the !re ence o" the accu e$

0B

,b. Re2uire the attendance and testimony of itnesses and production of documents and other e!idence by obtaining, if necessary, the assistance of States as pro!ided in this Statute5 ,c. Pro!ide for the protection of confidential information5

,b. The admission is !oluntarily made by the accused after sufficient consultation ith defence counsel5 and ,c. The admission of guilt is supported by the facts of the case that are contained in4 ,i. The charges brought by the Prosecutor and admitted by the accused5 ,ii. Any materials presented by the Prosecutor hich supplement the charges and hich the accused accepts5 and ,iii. Any other e!idence, such as the testimony of itnesses, presented by the Prosecutor or the accused/ 1/ 6here the Trial Chamber is satisfied that the matters referred to in paragraph 0 are established, it shall consider the admission of guilt, together ith any additional e!idence presented, as establishing all the essential facts that are re2uired to pro!e the crime to hich the admission of guilt relates, and may con!ict the accused of that crime/ 3/ 6here the Trial Chamber is not satisfied that the matters referred to in paragraph 0 are established, it shall consider the admission of guilt as not ha!ing been made, in hich case it shall order that the trial be continued under the ordinary trial procedures pro!ided by this Statute and may remit the case to another Trial Chamber/ </ 6here the Trial Chamber is of the opinion that a more complete presentation of the facts of the case is re2uired in the interests of 'ustice, in particular the interests of the !ictims, the Trial Chamber may4 ,a. Re2uest the Prosecutor to present additional e!idence, including the testimony of itnesses5 or ,b. 9rder that the trial be continued under the ordinary trial procedures pro!ided by this Statute, in hich case it shall consider the admission of guilt as not ha!ing been made and may remit the case to another Trial Chamber/ B/ Any discussions bet een the Prosecutor and the defence regarding modification of the charges, the admission of guilt or the penalty to be imposed shall not be binding on the Court/ Article 00 Pre u.!tion o" innocence 0/ E!eryone shall be presumed innocent until pro!ed guilty before the Court in accordance ith the applicable la /

1/

The onus is on the Prosecutor to pro!e the guilt of the accused/

3/ *n order to con!ict the accused, the Court must be con!inced of the guilt of the accused beyond reasonable doubt/

,d. 9rder the production of e!idence in addition to that already collected prior to the trial or presented during the trial by the parties5 ,e. Pro!ide for the protection of the accused, itnesses and !ictims5 and ,f. Rule on any other rele!ant matters/

Article 02 Ri'ht o" the accu e$ 0/ *n the determination of any charge, the accused shall be entitled to a public hearing, ha!ing regard to the pro!isions of this Statute, to a fair hearing conducted impartially, and to the follo ing minimum guarantees, in full e2uality4 ,a. To be informed promptly and in detail of the nature, cause and content of the charge, in a language hich the accused fully understands and spea"s5 ,b. To ha!e ade2uate time and facilities for the preparation of the defence and to communicate freely ith counsel of the accused=s choosing in confidence5 ,c. To be tried ithout undue delay5

>/ The trial shall be held in public/ The Trial Chamber may, ho e!er, determine that special circumstances re2uire that certain proceedings be in closed session for the purposes set forth in article @A, or to protect confidential or sensiti!e information to be gi!en in e!idence/ A/ ,a. At the commencement of the trial, the Trial Chamber shall ha!e read to the accused the charges pre!iously confirmed by the Pre$ Trial Chamber/ The Trial Chamber shall satisfy itself that the accused understands the nature of the charges/ *t shall afford him or her the opportunity to ma"e an admission of guilt in accordance ith article @B or to plead not guilty/ ,b. At the trial, the presiding 'udge may gi!e directions for the conduct of proceedings, including to ensure that they are conducted in a fair and impartial manner/ Sub'ect to any directions of the presiding 'udge, the parties may submit e!idence in accordance ith the pro!isions of this Statute/ ;/ The Trial Chamber shall ha!e, inter alia, the po er on application of a party or on its o n motion to4 ,a. Rule on the admissibility or rele!ance of e!idence5 and ,b. Ta"e all necessary steps to maintain order in the course of a hearing/ 0C/ The Trial Chamber shall ensure that a complete record of the trial, hich accurately reflects the proceedings, is made and that it is maintained and preser!ed by the Registrar/ Article 0- Procee$in' on an a$.i ion o" 'uilt

,d. Sub'ect to article @3, paragraph 1, to be present at the trial, to conduct the defence in person or through legal assistance of the accused=s choosing, to be informed, if the accused does not ha!e legal assistance, of this right and to ha!e legal assistance assigned by the Court in any case here the interests of 'ustice so re2uire, and ithout payment if the accused lac"s sufficient means to pay for it5 ,e. To e&amine, or ha!e e&amined, the itnesses against him or her and to obtain the attendance and e&amination of itnesses on his or her behalf under the same conditions as itnesses against him or her/ The accused shall also be entitled to raise defences and to present other e!idence admissible under this Statute5 ,f. To ha!e, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the re2uirements of fairness, if any of the proceedings of or documents presented to the Court are not in a language hich the accused fully understands and spea"s5 ,g. )ot to be compelled to testify or to confess guilt and to remain silent, ithout such silence being a consideration in the determination of guilt or innocence5 ,h. To ma"e an uns orn oral or ritten statement in his or her defence5 and

0/ 6here the accused ma"es an admission of guilt pursuant to article @<, paragraph A ,a., the Trial Chamber shall determine hether4 ,a. The accused understands the nature and conse2uences of the admission of guilt5

0@

,i. )ot to ha!e imposed on him or her any re!ersal of the burden of proof or any onus of rebuttal/ 1/ *n addition to any other disclosure pro!ided for in this Statute, the Prosecutor shall, as soon as practicable, disclose to the defence e!idence in the Prosecutor=s possession or control hich he or she belie!es sho s or tends to sho the innocence of the accused, or to mitigate the guilt of the accused, or hich may affect the credibility of prosecution e!idence/ *n case of doubt as to the application of this paragraph, the Court shall decide/ Article 04 Protection o" the 9icti. an$ #itne !artici!ation in the !rocee$in' e an$ their

measures shall be e&ercised in a manner hich is not pre'udicial to or inconsistent ith the rights of the accused and a fair and impartial trial/ @/ A State may ma"e an application for necessary measures to be ta"en in respect of the protection of its ser!ants or agents and the protection of confidential or sensiti!e information/

A/ 6hen deciding on the rele!ance or admissibility of e!idence collected by a State, the Court shall not rule on the application of the State=s national la / Article 26 O""ence a'ain t the a$.ini tration o" /u tice 0/ The Court shall ha!e 'urisdiction o!er the follo ing offences against its administration of 'ustice hen committed intentionally4 ,a. :i!ing false testimony hen under an obligation pursuant to article @;, paragraph 0, to tell the truth5 ,b. Presenting e!idence that the party "no s is false or forged5 ,c. Corruptly influencing a itness, obstructing or interfering ith the attendance or testimony of a itness, retaliating against a itness for gi!ing testimony or destroying, tampering ith or interfering ith the collection of e!idence5 ,d. *mpeding, intimidating or corruptly influencing an official of the Court for the purpose of forcing or persuading the official not to perform, or to perform improperly, his or her duties5 ,e. Retaliating against an official of the Court on account of duties performed by that or another official5 ,f. Soliciting or accepting a bribe as an official of the Court in connection ith his or her official duties/ 1/ The principles and procedures go!erning the Court=s e&ercise of 'urisdiction o!er offences under this article shall be those pro!ided for in the Rules of Procedure and E!idence/ The conditions for pro!iding international cooperation to the Court ith respect to its proceedings under this article shall be go!erned by the domestic la s of the re2uested State/ 3/ *n the e!ent of con!iction, the Court may impose a term of imprisonment not e&ceeding fi!e years, or a fine in accordance ith the Rules of Procedure and E!idence, or both/ </ ,a. Each State Party shall e&tend its criminal la s penali#ing offences against the integrity of its o n in!estigati!e or 'udicial process to offences against the administration of 'ustice referred to in this article, committed on its territory, or by one of its nationals5 ,b. (pon re2uest by the Court, hene!er it deems it proper, the State Party shall submit the case to its competent authorities for the purpose of prosecution/ Those authorities shall treat such cases ith

Article 05 E9i$ence 0/ Before testifying, each itness shall, in accordance ith the Rules of Procedure and E!idence, gi!e an underta"ing as to the truthfulness of the e!idence to be gi!en by that itness/ 1/ The testimony of a itness at trial shall be gi!en in person, e&cept to the e&tent pro!ided by the measures set forth in article @A or in the Rules of Procedure and E!idence/ The Court may also permit the gi!ing of !i!a !oce ,oral. or recorded testimony of a itness by means of !ideo or audio technology, as ell as the introduction of documents or ritten transcripts, sub'ect to this Statute and in accordance ith the Rules of Procedure and E!idence/ These measures shall not be pre'udicial to or inconsistent ith the rights of the accused/ 3/ The parties may submit e!idence rele!ant to the case, in accordance ith article @</ The Court shall ha!e the authority to re2uest the submission of all e!idence that it considers necessary for the determination of the truth/ </ The Court may rule on the rele!ance or admissibility of any e!idence, ta"ing into account, inter alia, the probati!e !alue of the e!idence and any pre'udice that such e!idence may cause to a fair trial or to a fair e!aluation of the testimony of a itness, in accordance ith the Rules of Procedure and E!idence/ B/ The Court shall respect and obser!e pri!ileges on confidentiality as pro!ided for in the Rules of Procedure and E!idence/ @/ The Court shall not re2uire proof of facts of common "no ledge but may ta"e 'udicial notice of them/ >/ E!idence obtained by means of a !iolation of this Statute or internationally recogni#ed human rights shall not be admissible if4 ,a. The !iolation casts substantial doubt on the reliability of the e!idence5 or ,b. The admission of the e!idence ould be antithetical to and ould seriously damage the integrity of the proceedings/

0/ The Court shall ta"e appropriate measures to protect the safety, physical and psychological ell$being, dignity and pri!acy of !ictims and itnesses/ *n so doing, the Court shall ha!e regard to all rele!ant factors, including age, gender as defined in article >, paragraph 3, and health, and the nature of the crime, in particular, but not limited to, here the crime in!ol!es se&ual or gender !iolence or !iolence against children/ The Prosecutor shall ta"e such measures particularly during the in!estigation and prosecution of such crimes/ These measures shall not be pre'udicial to or inconsistent ith the rights of the accused and a fair and impartial trial/ 1/ As an e&ception to the principle of public hearings pro!ided for in article @>, the Chambers of the Court may, to protect !ictims and itnesses or an accused, conduct any part of the proceedings in camera or allo the presentation of e!idence by electronic or other special means/ *n particular, such measures shall be implemented in the case of a !ictim of se&ual !iolence or a child ho is a !ictim or a itness, unless other ise ordered by the Court, ha!ing regard to all the circumstances, particularly the !ie s of the !ictim or itness/ 3/ 6here the personal interests of the !ictims are affected, the Court shall permit their !ie s and concerns to be presented and considered at stages of the proceedings determined to be appropriate by the Court and in a manner hich is not pre'udicial to or inconsistent ith the rights of the accused and a fair and impartial trial/ Such !ie s and concerns may be presented by the legal representati!es of the !ictims here the Court considers it appropriate, in accordance ith the Rules of Procedure and E!idence/ </ The ?ictims and 6itnesses (nit may ad!ise the Prosecutor and the Court on appropriate protecti!e measures, security arrangements, counselling and assistance as referred to in article <3, paragraph @/ B/ 6here the disclosure of e!idence or information pursuant to this Statute may lead to the gra!e endangerment of the security of a itness or his or her family, the Prosecutor may, for the purposes of any proceedings conducted prior to the commencement of the trial, ithhold such e!idence or information and instead submit a summary thereof/ Such

0>

diligence and de!ote sufficient resources to enable them to be conducted effecti!ely/

,a.

Modification or clarification of the re2uest5

or

Article 21 Sanction "or .i con$uct 8e"ore the Court 0/ The Court may sanction persons present before it ho commit misconduct, including disruption of its proceedings or deliberate refusal to comply ith its directions, by administrati!e measures other than imprisonment, such as temporary or permanent remo!al from the courtroom, a fine or other similar measures pro!ided for in the Rules of Procedure and E!idence/ 1/ The procedures go!erning the imposition of the measures set forth in paragraph 0 shall be those pro!ided for in the Rules of Procedure and E!idence/

,b. A determination by the Court regarding the rele!ance of the information or e!idence sought, or a determination as to hether the e!idence, though rele!ant, could be or has been obtained from a source other than the re2uested State5 ,c. 9btaining the information or e!idence from a different source or in a different form5 or ,d. Agreement on conditions under hich the assistance could be pro!ided including, among other things, pro!iding summaries or redactions, limitations on disclosure, use ofin camera or e& parte proceedings, or other protecti!e measures permissible under the Statute and the Rules of Procedure and E!idence/ @/ 9nce all reasonable steps ha!e been ta"en to resol!e the matter through cooperati!e means, and if the State considers that there are no means or conditions under hich the information or documents could be pro!ided or disclosed ithout pre'udice to its national security interests, it shall so notify the Prosecutor or the Court of the specific reasons for its decision, unless a specific description of the reasons ould itself necessarily result in such pre'udice to the State=s national security interests/ >/ Thereafter, if the Court determines that the e!idence is rele!ant and necessary for the establishment of the guilt or innocence of the accused, the Court may underta"e the follo ing actions4 ,a. 6here disclosure of the information or document is sought pursuant to a re2uest for cooperation under Part ; or the circumstances described in paragraph 1, and the State has in!o"ed the ground for refusal referred to in article ;3, paragraph <4 ,i. The Court may, before ma"ing any conclusion referred to in subparagraph > ,a. ,ii., re2uest further consultations for the purpose of considering the State=s representations, hich may include, as appropriate, hearings in camera and e& parte5 ,ii. *f the Court concludes that, by in!o"ing the ground for refusal under article ;3, paragraph <, in the circumstances of the case, the re2uested State is not acting in accordance ith its obligations under this Statute, the Court may refer the matter in accordance ith article A>, paragraph >, specifying the reasons for its conclusion5 and ,iii. The Court may ma"e such inference in the trial of the accused as to the e&istence or non$e&istence of a fact, as may be appropriate in the circumstances5

,b.

*n all other circumstances4 ,i. 9rder disclosure5 or

,ii. To the e&tent it does not order disclosure, ma"e such inference in the trial of the accused as to the e&istence or non$e&istence of a fact, as may be appropriate in the circumstances/

Article 2% Thir$:!art3 in"or.ation or $ocu.ent *f a State Party is re2uested by the Court to pro!ide a document or information in its custody, possession or control, hich as disclosed to it in confidence by a State, intergo!ernmental organi#ation or international organi#ation, it shall see" the consent of the originator to disclose that document or information/ *f the originator is a State Party, it shall either consent to disclosure of the information or document or underta"e to resol!e the issue of disclosure ith the Court, sub'ect to the pro!isions of article >1/ *f the originator is not a State Party and refuses to consent to disclosure, the re2uested State shall inform the Court that it is unable to pro!ide the document or information because of a pre$e&isting obligation of confidentiality to the originator/

Article 22 Protection o" national ecurit3 in"or.ation 0/ This article applies in any case here the disclosure of the information or documents of a State ould, in the opinion of that State, pre'udice its national security interests/ Such cases include those falling ithin the scope of article B@, paragraphs 1 and 3, article @0, paragraph 3, article @<, paragraph 3, article @>, paragraph 1, article @A, paragraph @, article A>, paragraph @ and article ;3, as ell as cases arising at any other stage of the proceedings here such disclosure may be at issue/ 1/ This article shall also apply hen a person ho has been re2uested to gi!e information or e!idence has refused to do so or has referred the matter to the State on the ground that disclosure ould pre'udice the national security interests of a State and the State concerned confirms that it is of the opinion that disclosure ould pre'udice its national security interests/ 3/ )othing in this article shall pre'udice the re2uirements of confidentiality applicable under article B<, paragraph 3 ,e. and ,f., or the application of article >3/ </ *f a State learns that information or documents of the State are being, or are li"ely to be, disclosed at any stage of the proceedings, and it is of the opinion that disclosure ould pre'udice its national security interests, that State shall ha!e the right to inter!ene in order to obtain resolution of the issue in accordance ith this article/ B/ *f, in the opinion of a State, disclosure of information ould pre'udice its national security interests, all reasonable steps ill be ta"en by the State, acting in con'unction ith the Prosecutor, the defence or the Pre$Trial Chamber or Trial Chamber, as the case may be, to see" to resol!e the matter by cooperati!e means/ Such steps may include4

Article 2& Re=uire.ent "or the $eci ion 0/ All the 'udges of the Trial Chamber shall be present at each stage of the trial and throughout their deliberations/ The Presidency may, on a case$by$case basis, designate, as a!ailable, one or more alternate 'udges to be present at each stage of the trial and to replace a member of the Trial Chamber if that member is unable to continue attending/ 1/ The Trial Chamber=s decision shall be based on its e!aluation of the e!idence and the entire proceedings/ The decision shall not e&ceed the facts and circumstances described in the charges and any amendments to the charges/ The Court may base its decision only on e!idence submitted and discussed before it at the trial/ 3/ The 'udges shall attempt to achie!e unanimity in their decision, failing hich the decision shall be ta"en by a ma'ority of the 'udges/ </ The deliberations of the Trial Chamber shall remain secret/

B/ The decision shall be in riting and shall contain a full and reasoned statement of the Trial Chamber=s findings on the e!idence and conclusions/ The Trial Chamber shall issue one decision/ 6hen there is no unanimity, the Trial Chamber=s decision shall contain the !ie s of the

0A

ma'ority and the minority/ The decision or a summary thereof shall be deli!ered in open court/

3/ 6here paragraph 1 applies, any representations under article >B shall be heard during the further hearing referred to in paragraph 1 and, if necessary, during any additional hearing/ </ The sentence shall be pronounced in public and, here!er possible, in the presence of the accused/

Article 25 Tru t Fun$ 0/ A Trust 7und shall be established by decision of the Assembly of States Parties for the benefit of !ictims of crimes ithin the 'urisdiction of the Court, and of the families of such !ictims/ 1/ The Court may order money and other property collected through fines or forfeiture to be transferred, by order of the Court, to the Trust 7und/ 3/ The Trust 7und shall be managed according to criteria to be determined by the Assembly of States Parties/

Article 2- Re!aration to 9icti. 0/ The Court shall establish principles relating to reparations to, or in respect of, !ictims, including restitution, compensation and rehabilitation/ 9n this basis, in its decision the Court may, either upon re2uest or on its o n motion in e&ceptional circumstances, determine the scope and e&tent of any damage, loss and in'ury to, or in respect of, !ictims and ill state the principles on hich it is acting/ 1/ The Court may ma"e an order directly against a con!icted person specifying appropriate reparations to, or in respect of, !ictims, including restitution, compensation and rehabilitation/ 6here appropriate, the Court may order that the a ard for reparations be made through the Trust 7und pro!ided for in article >;/ 3/ Before ma"ing an order under this article, the Court may in!ite and shall ta"e account of representations from or on behalf of the con!icted person, !ictims, other interested persons or interested States/ </ *n e&ercising its po er under this article, the Court may, after a person is con!icted of a crime ithin the 'urisdiction of the Court, determine hether, in order to gi!e effect to an order hich it may ma"e under this article, it is necessary to see" measures under article ;3, paragraph 0/ B/ A State Party shall gi!e effect to a decision under this article as if the pro!isions of article 0C; ere applicable to this article/ @/ )othing in this article shall be interpreted as pre'udicing the rights of !ictims under national or international la /

PART 2. PENALTIES Article 22 A!!lica8le !enaltie 0/ Sub'ect to article 00C, the Court may impose one of the follo ing penalties on a person con!icted of a crime referred to in article B of this Statute4 ,a. *mprisonment for a specified number of years, hich may not e&ceed a ma&imum of 3C years5 or ,b. A term of life imprisonment hen 'ustified by the e&treme gra!ity of the crime and the indi!idual circumstances of the con!icted person/ 1/ *n addition to imprisonment, the Court may order4 ,a. A fine under the criteria pro!ided for in the Rules of Procedure and E!idence5 ,b. A forfeiture of proceeds, property and assets deri!ed directly or indirectly from that crime, ithout pre'udice to the rights of bona fide third parties/ Article 24 )eter.ination o" the entence 0/ *n determining the sentence, the Court shall, in accordance ith the Rules of Procedure and E!idence, ta"e into account such factors as the gra!ity of the crime and the indi!idual circumstances of the con!icted person/ 1/ *n imposing a sentence of imprisonment, the Court shall deduct the time, if any, pre!iously spent in detention in accordance ith an order of the Court/ The Court may deduct any time other ise spent in detention in connection ith conduct underlying the crime/ 3/ 6hen a person has been con!icted of more than one crime, the Court shall pronounce a sentence for each crime and a 'oint sentence specifying the total period of imprisonment/ This period shall be no less than the highest indi!idual sentence pronounced and shall not e&ceed 3C years imprisonment or a sentence of life imprisonment in conformity ith article >>, paragraph 0 ,b./

Article 46 Non:!re/u$ice to national a!!lication o" !enaltie an$ national la# )othing in this Part affects the application by States of penalties prescribed by their national la , nor the la of States hich do not pro!ide for penalties prescribed in this Part/

PART 4. APPEAL AN) RE>ISION Article 41 A!!eal a'ain t $eci ion o" ac=uittal or con9iction or a'ain t entence 0/ A decision under article >< may be appealed in accordance ith the Rules of Procedure and E!idence as follo s4 ,a. The Prosecutor may ma"e an appeal on any of the follo ing grounds4 ,i. ,ii. ,iii. 0/ *n the e!ent of a con!iction, the Trial Chamber shall consider the appropriate sentence to be imposed and shall ta"e into account the e!idence presented and submissions made during the trial that are rele!ant to the sentence/ 1/ E&cept here article @B applies and before the completion of the trial, the Trial Chamber may on its o n motion and shall, at the re2uest of the Prosecutor or the accused, hold a further hearing to hear any additional e!idence or submissions rele!ant to the sentence, in accordance ith the Rules of Procedure and E!idence/ Procedural error, Error of fact, or Error of la 5

Article 20 Sentencin'

,b. The con!icted person, or the Prosecutor on that person=s behalf, may ma"e an appeal on any of the follo ing grounds4 ,i. Procedural error, ,ii. ,iii. Error of fact, Error of la , or

0;

,i!. Any other ground that affects the fairness or reliability of the proceedings or decision/ 1/ ,a. A sentence may be appealed, in accordance ith the Rules of Procedure and E!idence, by the Prosecutor or the con!icted person on the ground of disproportion bet een the crime and the sentence5 ,b. *f on an appeal against sentence the Court considers that there are grounds on hich the con!iction might be set aside, holly or in part, it may in!ite the Prosecutor and the con!icted person to submit grounds under article A0, paragraph 0 ,a. or ,b., and may render a decision on con!iction in accordance ith article A35 ,c. The same procedure applies hen the Court, on an appeal against con!iction only, considers that there are grounds to reduce the sentence under paragraph 1 ,a./ 3/ ,a. (nless the Trial Chamber orders other ise, a con!icted person shall remain in custody pending an appeal5 ,b. 6hen a con!icted person=s time in custody e&ceeds the sentence of imprisonment imposed, that person shall be released, e&cept that if the Prosecutor is also appealing, the release may be sub'ect to the conditions under subparagraph ,c. belo 5 ,c. *n case of an ac2uittal, the accused shall be released immediately, sub'ect to the follo ing4

,b. A decision granting or denying release of the person being in!estigated or prosecuted5 ,c. A decision of the Pre$Trial Chamber to act on its o n initiati!e under article B@, paragraph 35 ,d. A decision that in!ol!es an issue that ould significantly affect the fair and e&peditious conduct of the proceedings or the outcome of the trial, and for hich, in the opinion of the Pre$Trial or Trial Chamber, an immediate resolution by the Appeals Chamber may materially ad!ance the proceedings/ 1/ A decision of the Pre$Trial Chamber under article B>, paragraph 3 ,d., may be appealed against by the State concerned or by the Prosecutor, ith the lea!e of the Pre$Trial Chamber/ The appeal shall be heard on an e&pedited basis/ 3/ An appeal shall not of itself ha!e suspensi!e effect unless the Appeals Chamber so orders, upon re2uest, in accordance ith the Rules of Procedure and E!idence/ </ A legal representati!e of the !ictims, the con!icted person or a bona fide o ner of property ad!ersely affected by an order under article >B may appeal against the order for reparations, as pro!ided in the Rules of Procedure and E!idence/

3/ *f in an appeal against sentence the Appeals Chamber finds that the sentence is disproportionate to the crime, it may !ary the sentence in accordance ith Part >/ </ The 'udgement of the Appeals Chamber shall be ta"en by a ma'ority of the 'udges and shall be deli!ered in open court/ The 'udgement shall state the reasons on hich it is based/ 6hen there is no unanimity, the 'udgement of the Appeals Chamber shall contain the !ie s of the ma'ority and the minority, but a 'udge may deli!er a separate or dissenting opinion on a 2uestion of la / B/ The Appeals Chamber may deli!er its 'udgement in the absence of the person ac2uitted or con!icted/

Article 4& Re9i ion o" con9iction or entence 0/ The con!icted person or, after death, spouses, children, parents or one person ali!e at the time of the accused=s death ho has been gi!en e&press ritten instructions from the accused to bring such a claim, or the Prosecutor on the person=s behalf, may apply to the Appeals Chamber to re!ise the final 'udgement of con!iction or sentence on the grounds that4 ,a. )e e!idence has been disco!ered that4 ,i. 6as not a!ailable at the time of trial, and such una!ailability as not holly or partially attributable to the party ma"ing application5 and ,ii. *s sufficiently important that had it been pro!ed at trial it ould ha!e been li"ely to ha!e resulted in a different !erdict5

Article 4% Procee$in' on a!!eal ,i. (nder e&ceptional circumstances, and ha!ing regard, inter alia, to the concrete ris" of flight, the seriousness of the offence charged and the probability of success on appeal, the Trial Chamber, at the re2uest of the Prosecutor, may maintain the detention of the person pending appeal5 ,ii. A decision by the Trial Chamber under subparagraph ,c. ,i. may be appealed in accordance ith the Rules of Procedure and E!idence/ </ Sub'ect to the pro!isions of paragraph 3 ,a. and ,b., e&ecution of the decision or sentence shall be suspended during the period allo ed for appeal and for the duration of the appeal proceedings/ Article 42 A!!eal a'ain t other $eci ion 0/ Either party may appeal any of the follo ing decisions in accordance ith the Rules of Procedure and E!idence4 ,a. A decision ith respect to 'urisdiction or admissibility5 0/ 7or the purposes of proceedings under article A0 and this article, the Appeals Chamber shall ha!e all the po ers of the Trial Chamber/ 1/ *f the Appeals Chamber finds that the proceedings appealed from ere unfair in a ay that affected the reliability of the decision or sentence, or that the decision or sentence appealed from as materially affected by error of fact or la or procedural error, it may4 ,a. ,b. Re!erse or amend the decision or sentence5 or 9rder a ne trial before a different Trial Chamber/

,b. *t has been ne ly disco!ered that decisi!e e!idence, ta"en into account at trial and upon hich the con!iction depends, as false, forged or falsified5 ,c. 9ne or more of the 'udges ho participated in con!iction or confirmation of the charges has committed, in that case, an act of serious misconduct or serious breach of duty of sufficient gra!ity to 'ustify the remo!al of that 'udge or those 'udges from office under article <@/ 1/ The Appeals Chamber shall re'ect the application if it considers it to be unfounded/ *f it determines that the application is meritorious, it may, as appropriate4 ,a. Recon!ene the original Trial Chamber5 ,b. Constitute a ne Trial Chamber5 or

7or these purposes, the Appeals Chamber may remand a factual issue to the original Trial Chamber for it to determine the issue and to report bac" accordingly, or may itself call e!idence to determine the issue/ 6hen the decision or sentence has been appealed only by the person con!icted, or the Prosecutor on that person=s behalf, it cannot be amended to his or her detriment/

1C

,c.

Retain 'urisdiction o!er the matter,

*nternational Criminal Police 9rgani#ation or any appropriate regional organi#ation/ 1/ Re2uests for cooperation and any documents supporting the re2uest shall either be in or be accompanied by a translation into an official language of the re2uested State or one of the or"ing languages of the Court, in accordance ith the choice made by that State upon ratification, acceptance, appro!al or accession/ Subse2uent changes to this choice shall be made in accordance ith the Rules of Procedure and E!idence/ 3/ The re2uested State shall "eep confidential a re2uest for cooperation and any documents supporting the re2uest, e&cept to the e&tent that the disclosure is necessary for e&ecution of the re2uest/ </ *n relation to any re2uest for assistance presented under this Part, the Court may ta"e such measures, including measures related to the protection of information, as may be necessary to ensure the safety or physical or psychological ell$being of any !ictims, potential itnesses and their families/ The Court may re2uest that any information that is made a!ailable under this Part shall be pro!ided and handled in a manner that protects the safety and physical or psychological ell$being of any !ictims, potential itnesses and their families/ B/ ,a. The Court may in!ite any State not party to this Statute to pro!ide assistance under this Part on the basis of an ad hoc arrangement, an agreement ith such State or any other appropriate basis/

ith a !ie to, after hearing the parties in the manner set forth in the Rules of Procedure and E!idence, arri!ing at a determination on hether the 'udgement should be re!ised/ Article 4- Co.!en ation to an arre te$ or con9icte$ !er on 0/ Anyone ho has been the !ictim of unla ful arrest or detention shall ha!e an enforceable right to compensation/ 1/ 6hen a person has by a final decision been con!icted of a criminal offence, and hen subse2uently his or her con!iction has been re!ersed on the ground that a ne or ne ly disco!ered fact sho s conclusi!ely that there has been a miscarriage of 'ustice, the person ho has suffered punishment as a result of such con!iction shall be compensated according to la , unless it is pro!ed that the non$disclosure of the un"no n fact in time is holly or partly attributable to him or her/ 3/ *n e&ceptional circumstances, here the Court finds conclusi!e facts sho ing that there has been a gra!e and manifest miscarriage of 'ustice, it may in its discretion a ard compensation, according to the criteria pro!ided in the Rules of Procedure and E!idence, to a person ho has been released from detention follo ing a final decision of ac2uittal or a termination of the proceedings for that reason/

States Parties shall ensure that there are procedures a!ailable under their national la for all of the forms of cooperation hich are specified under this Part/

Article 45 Surren$er o" !er on to the Court 0/ The Court may transmit a re2uest for the arrest and surrender of a person, together ith the material supporting the re2uest outlined in article ;0, to any State on the territory of hich that person may be found and shall re2uest the cooperation of that State in the arrest and surrender of such a person/ States Parties shall, in accordance ith the pro!isions of this Part and the procedure under their national la , comply ith re2uests for arrest and surrender/ 1/ 6here the person sought for surrender brings a challenge before a national court on the basis of the principle of ne bis in idem as pro!ided in article 1C, the re2uested State shall immediately consult ith the Court to determine if there has been a rele!ant ruling on admissibility/ *f the case is admissible, the re2uested State shall proceed ith the e&ecution of the re2uest/ *f an admissibility ruling is pending, the re2uested State may postpone the e&ecution of the re2uest for surrender of the person until the Court ma"es a determination on admissibility/ 3/ ,a. A State Party shall authori#e, in accordance ith its national procedural la , transportation through its territory of a person being surrendered to the Court by another State, e&cept here transit through that State ould impede or delay the surrender/ ,b. A re2uest by the Court for transit shall be transmitted in accordance ith article A>/ The re2uest for transit shall contain4 ,i. A description of the person being transported5

PART 5. INTERNATIONAL COOPERATION AN) (U)ICIAL ASSISTANCE Article 40 1eneral o8li'ation to coo!erate States Parties shall, in accordance ith the pro!isions of this Statute, cooperate fully ith the Court in its in!estigation and prosecution of crimes ithin the 'urisdiction of the Court/

,b. 6here a State not party to this Statute, hich has entered into an ad hoc arrangement or an agreement ith the Court, fails to cooperate ith re2uests pursuant to any such arrangement or agreement, the Court may so inform the Assembly of States Parties or, here the Security Council referred the matter to the Court, the Security Council/ @/ The Court may as" any intergo!ernmental organi#ation to pro!ide information or documents/ The Court may also as" for other forms of cooperation and assistance hich may be agreed upon ith such an organi#ation and hich are in accordance ith its competence or mandate/ >/ 6here a State Party fails to comply ith a re2uest to cooperate by the Court contrary to the pro!isions of this Statute, thereby pre!enting the Court from e&ercising its functions and po ers under this Statute, the Court may ma"e a finding to that effect and refer the matter to the Assembly of States Parties or, here the Security Council referred the matter to the Court, to the Security Council/

,ii. A brief statement of the facts of the case and their legal characteri#ation5 and ,iii. The arrant for arrest and surrender5 ,c. A person being transported shall be detained in custody during the period of transit5 ,d. )o authori#ation is re2uired if the person is transported by air and no landing is scheduled on the territory of the transit State5 ,e. *f an unscheduled landing occurs on the territory of the transit State, that State may re2uire a re2uest for transit from the Court as pro!ided for in subparagraph ,b./ The transit State shall detain the person being transported until the re2uest for transit is recei!ed and the transit is effected, pro!ided that detention for purposes of this subparagraph may not be e&tended beyond ;@ hours from the unscheduled landing unless the re2uest is recei!ed ithin that time/

Article 42 Re=ue t "or coo!eration? 'eneral !ro9i ion 0/ ,a. The Court shall ha!e the authority to ma"e re2uests to States Parties for cooperation/ The re2uests shall be transmitted through the diplomatic channel or any other appropriate channel as may be designated by each State Party upon ratification, acceptance, appro!al or accession/ Subse2uent changes to the designation shall be made by each State Party in accordance ith the Rules of Procedure and E!idence/

Article 44 A9aila8ilit3 o" !roce$ure un$er national la# ,b. 6hen appropriate, ithout pre'udice to the pro!isions of subparagraph ,a., re2uests may also be transmitted through the

10

</ *f the person sought is being proceeded against or is ser!ing a sentence in the re2uested State for a crime different from that for hich surrender to the Court is sought, the re2uested State, after ma"ing its decision to grant the re2uest, shall consult ith the Court/

,a.

The respecti!e dates of the re2uests5

,b. The interests of the re2uesting State including, here rele!ant, hether the crime as committed in its territory and the nationality of the !ictims and of the person sought5 and ,c. The possibility of subse2uent surrender bet een the Court and the re2uesting State/ >/ 6here a State Party hich recei!es a re2uest from the Court for the surrender of a person also recei!es a re2uest from any State for the e&tradition of the same person for conduct other than that hich constitutes the crime for hich the Court see"s the person=s surrender4 ,a. The re2uested State shall, if it is not under an e&isting international obligation to e&tradite the person to the re2uesting State, gi!e priority to the re2uest from the Court5 ,b. The re2uested State shall, if it is under an e&isting international obligation to e&tradite the person to the re2uesting State, determine hether to surrender the person to the Court or to e&tradite the person to the re2uesting State/ *n ma"ing its decision, the re2uested State shall consider all the rele!ant factors, including but not limited to those set out in paragraph @, but shall gi!e special consideration to the relati!e nature and gra!ity of the conduct in 2uestion/ A/ 6here pursuant to a notification under this article, the Court has determined a case to be inadmissible, and subse2uently e&tradition to the re2uesting State is refused, the re2uested State shall notify the Court of this decision/ Article 51 Content o" re=ue t "or arre t an$ urren$er 0/ A re2uest for arrest and surrender shall be made in riting/ *n urgent cases, a re2uest may be made by any medium capable of deli!ering a ritten record, pro!ided that the re2uest shall be confirmed through the channel pro!ided for in article A>, paragraph 0 ,a./ 1/ *n the case of a re2uest for the arrest and surrender of a person for hom a arrant of arrest has been issued by the Pre$Trial Chamber under article BA, the re2uest shall contain or be supported by4 ,a. *nformation describing the person sought, sufficient to identify the person, and information as to that person=s probable location5 ,b. A copy of the arrant of arrest5 and

the re2uested State, e&cept that those re2uirements should not be more burdensome than those applicable to re2uests for e&tradition pursuant to treaties or arrangements bet een the re2uested State and other States and should, if possible, be less burdensome, ta"ing into account the distinct nature of the Court/ 3/ *n the case of a re2uest for the arrest and surrender of a person already con!icted, the re2uest shall contain or be supported by4 ,a. A copy of any arrant of arrest for that person5 ,b. A copy of the 'udgement of con!iction5

Article 56 Co.!etin' re=ue t 0/ A State Party hich recei!es a re2uest from the Court for the surrender of a person under article A; shall, if it also recei!es a re2uest from any other State for the e&tradition of the same person for the same conduct hich forms the basis of the crime for hich the Court see"s the person=s surrender, notify the Court and the re2uesting State of that fact/ 1/ 6here the re2uesting State is a State Party, the re2uested State shall gi!e priority to the re2uest from the Court if4 ,a. The Court has, pursuant to article 0A or 0;, made a determination that the case in respect of hich surrender is sought is admissible and that determination ta"es into account the in!estigation or prosecution conducted by the re2uesting State in respect of its re2uest for e&tradition5 or ,b. The Court ma"es the determination described in subparagraph ,a. pursuant to the re2uested State=s notification under paragraph 0/ 3/ 6here a determination under paragraph 1 ,a. has not been made, the re2uested State may, at its discretion, pending the determination of the Court under paragraph 1 ,b., proceed to deal ith the re2uest for e&tradition from the re2uesting State but shall not e&tradite the person until the Court has determined that the case is inadmissible/ The Court=s determination shall be made on an e&pedited basis/ </ *f the re2uesting State is a State not Party to this Statute the re2uested State, if it is not under an international obligation to e&tradite the person to the re2uesting State, shall gi!e priority to the re2uest for surrender from the Court, if the Court has determined that the case is admissible/ B/ 6here a case under paragraph < has not been determined to be admissible by the Court, the re2uested State may, at its discretion, proceed to deal ith the re2uest for e&tradition from the re2uesting State/ @/ *n cases here paragraph < applies e&cept that the re2uested State is under an e&isting international obligation to e&tradite the person to the re2uesting State not Party to this Statute, the re2uested State shall determine hether to surrender the person to the Court or e&tradite the person to the re2uesting State/ *n ma"ing its decision, the re2uested State shall consider all the rele!ant factors, including but not limited to4

,c. *nformation to demonstrate that the person sought is the one referred to in the 'udgement of con!iction5 and ,d. *f the person sought has been sentenced, a copy of the sentence imposed and, in the case of a sentence for imprisonment, a statement of any time already ser!ed and the time remaining to be ser!ed/ </ (pon the re2uest of the Court, a State Party shall consult ith the Court, either generally or ith respect to a specific matter, regarding any re2uirements under its national la that may apply under paragraph 1 ,c./ %uring the consultations, the State Party shall ad!ise the Court of the specific re2uirements of its national la / Article 52 Pro9i ional arre t 0/ *n urgent cases, the Court may re2uest the pro!isional arrest of the person sought, pending presentation of the re2uest for surrender and the documents supporting the re2uest as specified in article ;0/ 1/ The re2uest for pro!isional arrest shall be made by any medium capable of deli!ering a ritten record and shall contain4 ,a. *nformation describing the person sought, sufficient to identify the person, and information as to that person=s probable location5 ,b. A concise statement of the crimes for hich the person=s arrest is sought and of the facts hich are alleged to constitute those crimes, including, here possible, the date and location of the crime5 ,c. A statement of the e&istence of a arrant of arrest or a 'udgement of con!iction against the person sought5 and ,d. A statement that a re2uest for surrender of the person sought ill follo /

,c. Such documents, statements or information as may be necessary to meet the re2uirements for the surrender process in

11

3/ A person ho is pro!isionally arrested may be released from custody if the re2uested State has not recei!ed the re2uest for surrender and the documents supporting the re2uest as specified in article ;0 ithin the time limits specified in the Rules of Procedure and E!idence/ +o e!er, the person may consent to surrender before the e&piration of this period if permitted by the la of the re2uested State/ *n such a case, the re2uested State shall proceed to surrender the person to the Court as soon as possible/ </ The fact that the person sought has been released from custody pursuant to paragraph 3 shall not pre'udice the subse2uent arrest and surrender of that person if the re2uest for surrender and the documents supporting the re2uest are deli!ered at a later date/

,'. The protection of !ictims and itnesses and the preser!ation of e!idence5 ,". The identification, tracing and free#ing or sei#ure of proceeds, property and assets and instrumentalities of crimes for the purpose of e!entual forfeiture, ithout pre'udice to the rights of bona fide third parties5 and ,l. Any other type of assistance hich is not prohibited by the la of the re2uested State, ith a !ie to facilitating the in!estigation and prosecution of crimes ithin the 'urisdiction of the Court/ 1/ The Court shall ha!e the authority to pro!ide an assurance to a itness or an e&pert appearing before the Court that he or she ill not be prosecuted, detained or sub'ected to any restriction of personal freedom by the Court in respect of any act or omission that preceded the departure of that person from the re2uested State/ 3/ 6here e&ecution of a particular measure of assistance detailed in a re2uest presented under paragraph 0, is prohibited in the re2uested State on the basis of an e&isting fundamental legal principle of general application, the re2uested State shall promptly consult ith the Court to try to resol!e the matter/ *n the consultations, consideration should be gi!en to hether the assistance can be rendered in another manner or sub'ect to conditions/ *f after consultations the matter cannot be resol!ed, the Court shall modify the re2uest as necessary/ </ *n accordance ith article >1, a State Party may deny a re2uest for assistance, in hole or in part, only if the re2uest concerns the production of any documents or disclosure of e!idence hich relates to its national security/ B/ Before denying a re2uest for assistance under paragraph 0 ,l., the re2uested State shall consider hether the assistance can be pro!ided sub'ect to specified conditions, or hether the assistance can be pro!ided at a later date or in an alternati!e manner, pro!ided that if the Court or the Prosecutor accepts the assistance sub'ect to conditions, the Court or the Prosecutor shall abide by them/ @/ *f a re2uest for assistance is denied, the re2uested State Party shall promptly inform the Court or the Prosecutor of the reasons for such denial/ >/ ,a. The Court may re2uest the temporary transfer of a person in custody for purposes of identification or for obtaining testimony or other assistance/ The person may be transferred if the follo ing conditions are fulfilled4 ,i. The person freely gi!es his or her informed consent to the transfer5 and

,ii. The re2uested State agrees to the transfer, sub'ect to such conditions as that State and the Court may agree/ ,b. The person being transferred shall remain in custody/ 6hen the purposes of the transfer ha!e been fulfilled, the Court shall return the person ithout delay to the re2uested State/ A/ ,a. The Court shall ensure the confidentiality of documents and information, e&cept as re2uired for the in!estigation and proceedings described in the re2uest/ ,b. The re2uested State may, hen necessary, transmit documents or information to the Prosecutor on a confidential basis/ The Prosecutor may then use them solely for the purpose of generating ne e!idence/ ,c. The re2uested State may, on its o n motion or at the re2uest of the Prosecutor, subse2uently consent to the disclosure of such documents or information/ They may then be used as e!idence pursuant to the pro!isions of Parts B and @ and in accordance ith the Rules of Procedure and E!idence/ ;/ ,a. ,i. *n the e!ent that a State Party recei!es competing re2uests, other than for surrender or e&tradition, from the Court and from another State pursuant to an international obligation, the State Party shall endea!our, in consultation ith the Court and the other State, to meet both re2uests, if necessary by postponing or attaching conditions to one or the other re2uest/ ,ii. 7ailing that, competing re2uests shall be resol!ed in accordance ith the principles established in article ;C/ ,b. 6here, ho e!er, the re2uest from the Court concerns information, property or persons hich are sub'ect to the control of a third State or an international organi#ation by !irtue of an international agreement, the re2uested States shall so inform the Court and the Court shall direct its re2uest to the third State or international organi#ation/ 0C/ ,a. The Court may, upon re2uest, cooperate ith and pro!ide assistance to a State Party conducting an in!estigation into or trial in respect of conduct hich constitutes a crime ithin the 'urisdiction of the Court or hich constitutes a serious crime under the national la of the re2uesting State/ ,b. ,i. The assistance pro!ided under subparagraph ,a. shall include, inter alia4 a/ The transmission of statements, documents or other types of e!idence

Article 5% Other "or. o" coo!eration 0/ States Parties shall, in accordance ith the pro!isions of this Part and under procedures of national la , comply ith re2uests by the Court to pro!ide the follo ing assistance in relation to in!estigations or prosecutions4 ,a. The identification and hereabouts of persons or the location of items5 ,b. The ta"ing of e!idence, including testimony under oath, and the production of e!idence, including e&pert opinions and reports necessary to the Court5 ,c. The 2uestioning of any person being in!estigated or prosecuted5 ,d. The ser!ice of documents, including 'udicial documents5

,e. 7acilitating the !oluntary appearance of persons as itnesses or e&perts before the Court5 ,f. The temporary transfer of persons as pro!ided in paragraph >5 ,g. The e&amination of places or sites, including the e&humation and e&amination of gra!e sites5 ,h. The e&ecution of searches and sei#ures5

,i. The pro!ision of records and documents, including official records and documents5

13

obtained in the course of an in!estigation or a trial conducted by the Court5 and b/ The 2uestioning of any person detained by order of the Court5 ,ii. a4 a/ *f the documents or other types of e!idence ha!e been obtained ith the assistance of a State, such transmission shall re2uire the consent of that State5 b/ *f the statements, documents or other types of e!idence ha!e been pro!ided by a itness or e&pert, such transmission shall be sub'ect to the pro!isions of article @A/ ,c. The Court may, under the conditions set out in this paragraph, grant a re2uest for assistance under this paragraph from a State hich is not a Party to this Statute/ Article 5& Po t!one.ent o" e7ecution o" a re=ue t in re !ect o" on'oin' in9e ti'ation or !ro ecution 0/ *f the immediate e&ecution of a re2uest ould interfere ith an ongoing in!estigation or prosecution of a case different from that to hich the re2uest relates, the re2uested State may postpone the e&ecution of the re2uest for a period of time agreed upon ith the Court/ +o e!er, the postponement shall be no longer than is necessary to complete the rele!ant in!estigation or prosecution in the re2uested State/ Before ma"ing a decision to postpone, the re2uested State should consider hether the assistance may be immediately pro!ided sub'ect to certain conditions/ 1/ *f a decision to postpone is ta"en pursuant to paragraph 0, the Prosecutor may, ho e!er, see" measures to preser!e e!idence, pursuant to article ;3, paragraph 0 ,'./ *n the case of assistance under subparagraph ,b. ,i.

shall be made in riting/ *n urgent cases, a re2uest may be made by any medium capable of deli!ering a ritten record, pro!ided that the re2uest shall be confirmed through the channel pro!ided for in article A>, paragraph 0 ,a./ 1/ The re2uest shall, as applicable, contain or be supported by the follo ing4 ,a. A concise statement of the purpose of the re2uest and the assistance sought, including the legal basis and the grounds for the re2uest5 ,b. As much detailed information as possible about the location or identification of any person or place that must be found or identified in order for the assistance sought to be pro!ided5 ,c. A concise statement of the essential facts underlying the re2uest5 ,d. The reasons for and details of any procedure or re2uirement to be follo ed5 ,e. Such information as may be re2uired under the la re2uested State in order to e&ecute the re2uest5 and of the

re2uested State is clearly not the person named in the arrant5 or ,c. The fact that e&ecution of the re2uest in its current form ould re2uire the re2uested State to breach a pre$e&isting treaty obligation underta"en ith respect to another State/

Article 54 Coo!eration #ith re !ect to #ai9er o" i..unit3 an$ con ent to urren$er 0/ The Court may not proceed ith a re2uest for surrender or assistance hich ould re2uire the re2uested State to act inconsistently ith its obligations under international la ith respect to the State or diplomatic immunity of a person or property of a third State, unless the Court can first obtain the cooperation of that third State for the ai!er of the immunity/ 1/ The Court may not proceed ith a re2uest for surrender hich ould re2uire the re2uested State to act inconsistently ith its obligations under international agreements pursuant to hich the consent of a sending State is re2uired to surrender a person of that State to the Court, unless the Court can first obtain the cooperation of the sending State for the gi!ing of consent for the surrender/ Article 55 E7ecution o" re=ue t un$er article 5% an$ 50 0/ Re2uests for assistance shall be e&ecuted in accordance ith the rele!ant procedure under the la of the re2uested State and, unless prohibited by such la , in the manner specified in the re2uest, including follo ing any procedure outlined therein or permitting persons specified in the re2uest to be present at and assist in the e&ecution process/ 1/ *n the case of an urgent re2uest, the documents or e!idence produced in response shall, at the re2uest of the Court, be sent urgently/ 3/ Replies from the re2uested State shall be transmitted in their original language and form/ </ 6ithout pre'udice to other articles in this Part, here it is necessary for the successful e&ecution of a re2uest hich can be e&ecuted ithout any compulsory measures, including specifically the inter!ie of or ta"ing e!idence from a person on a !oluntary basis, including doing so ithout the presence of the authorities of the re2uested State Party if it is essential for the re2uest to be e&ecuted, and the e&amination ithout modification of a public site or other public place, the Prosecutor may e&ecute such re2uest directly on the territory of a State as follo s4 ,a. 6hen the State Party re2uested is a State on the territory of hich the crime is alleged to ha!e been committed, and there has been a determination of admissibility pursuant to article 0A

,f. Any other information rele!ant in order for the assistance sought to be pro!ided/ 3/ (pon the re2uest of the Court, a State Party shall consult ith the Court, either generally or ith respect to a specific matter, regarding any re2uirements under its national la that may apply under paragraph 1 ,e./ %uring the consultations, the State Party shall ad!ise the Court of the specific re2uirements of its national la / </ The pro!isions of this article shall, here applicable, also apply in respect of a re2uest for assistance made to the Court/ Article 52 Con ultation 6here a State Party recei!es a re2uest under this Part in relation to hich it identifies problems hich may impede or pre!ent the e&ecution of the re2uest, that State shall consult ith the Court ithout delay in order to resol!e the matter/ Such problems may include, inter alia4 ,a. *nsufficient information to e&ecute the re2uest5 ,b. *n the case of a re2uest for surrender, the fact that despite best efforts, the person sought cannot be located or that the in!estigation conducted has determined that the person in the

Article 5- Po t!one.ent o" e7ecution o" a re=ue t in re !ect o" an a$.i i8ilit3 challen'e 6here there is an admissibility challenge under consideration by the Court pursuant to article 0A or 0;, the re2uested State may postpone the e&ecution of a re2uest under this Part pending a determination by the Court, unless the Court has specifically ordered that the Prosecutor may pursue the collection of such e!idence pursuant to article 0A or 0;/ Article 50 Content o" re=ue t "or other "or. o" a article 5% 0/ i tance un$er

A re2uest for other forms of assistance referred to in article ;3

1<

or 0;, the Prosecutor may directly e&ecute such re2uest follo ing all possible consultations ith the re2uested State Party5 ,b. *n other cases, the Prosecutor may e&ecute such re2uest follo ing consultations ith the re2uested State Party and sub'ect to any reasonable conditions or concerns raised by that State Party/ 6here the re2uested State Party identifies problems ith the e&ecution of a re2uest pursuant to this subparagraph it shall, ithout delay, consult ith the Court to resol!e the matter/ B/ Pro!isions allo ing a person heard or e&amined by the Court under article >1 to in!o"e restrictions designed to pre!ent disclosure of confidential information connected ith national security shall also apply to the e&ecution of re2uests for assistance under this article/

to surrender, other than the conduct or course of conduct hich forms the basis of the crimes for hich that person has been surrendered/ 1/ The Court may re2uest a ai!er of the re2uirements of paragraph 0 from the State hich surrendered the person to the Court and, if necessary, the Court shall pro!ide additional information in accordance ith article ;0/ States Parties shall ha!e the authority to pro!ide a ai!er to the Court and should endea!our to do so/

3/ *n e&ercising its discretion to ma"e a designation under paragraph 0, the Court shall ta"e into account the follo ing4 ,a. The principle that States Parties should share the responsibility for enforcing sentences of imprisonment, in accordance ith principles of e2uitable distribution, as pro!ided in the Rules of Procedure and E!idence5 ,b. The application of idely accepted international treaty standards go!erning the treatment of prisoners5

Article 162 U e o" ter. 7or the purposes of this Statute4 ,a. -surrender- means the deli!ering up of a person by a State to the Court, pursuant to this Statute/ ,b. -e&tradition- means the deli!ering up of a person by one State to another as pro!ided by treaty, con!ention or national legislation/

,c. ,d.

The !ie s of the sentenced person5 The nationality of the sentenced person5

,e. Such other factors regarding the circumstances of the crime or the person sentenced, or the effecti!e enforcement of the sentence, as may be appropriate in designating the State of enforcement/ </ *f no State is designated under paragraph 0, the sentence of imprisonment shall be ser!ed in a prison facility made a!ailable by the host State, in accordance ith the conditions set out in the head2uarters agreement referred to in article 3, paragraph 1/ *n such a case, the costs arising out of the enforcement of a sentence of imprisonment shall be borne by the Court/

Article 166 Co t 0/ The ordinary costs for e&ecution of re2uests in the territory of the re2uested State shall be borne by that State, e&cept for the follo ing, hich shall be borne by the Court4 ,a. Costs associated ith the tra!el and security of itnesses and e&perts or the transfer under article ;3 of persons in custody5 ,b. Costs of translation, interpretation and transcription5

PART 16. ENFORCEMENT Article 16% Role o" State in en"orce.ent o" entence o" i.!ri on.ent 0/ ,a. A sentence of imprisonment shall be ser!ed in a State designated by the Court from a list of States hich ha!e indicated to the Court their illingness to accept sentenced persons/ ,b. At the time of declaring its illingness to accept sentenced persons, a State may attach conditions to its acceptance as agreed by the Court and in accordance ith this Part/ ,c. A State designated in a particular case shall promptly inform the Court hether it accepts the Court=s designation/ 1/ ,a. The State of enforcement shall notify the Court of any circumstances, including the e&ercise of any conditions agreed under paragraph 0, hich could materially affect the terms or e&tent of the imprisonment/ The Court shall be gi!en at least <B days= notice of any such "no n or foreseeable circumstances/ %uring this period, the State of enforcement shall ta"e no action that might pre'udice its obligations under article 00C/ ,b. 6here the Court cannot agree to the circumstances referred to in subparagraph ,a., it shall notify the State of enforcement and proceed in accordance ith article 0C<, paragraph 0/

Article 16& Chan'e in $e i'nation o" State o" en"orce.ent 0/ The Court may, at any time, decide to transfer a sentenced person to a prison of another State/ 1/ A sentenced person may, at any time, apply to the Court to be transferred from the State of enforcement/

,c. Tra!el and subsistence costs of the 'udges, the Prosecutor, the %eputy Prosecutors, the Registrar, the %eputy Registrar and staff of any organ of the Court5 ,d. Costs of any e&pert opinion or report re2uested by the Court5 ,e. Costs associated ith the transport of a person being surrendered to the Court by a custodial State5 and ,f. 7ollo ing consultations, any e&traordinary costs that may result from the e&ecution of a re2uest/ 1/ The pro!isions of paragraph 0 shall, as appropriate, apply to re2uests from States Parties to the Court/ *n that case, the Court shall bear the ordinary costs of e&ecution/ Article 161 Rule o" !ecialit3 0/ A person surrendered to the Court under this Statute shall not be proceeded against, punished or detained for any conduct committed prior

Article 16- En"orce.ent o" the entence 0/ Sub'ect to conditions hich a State may ha!e specified in accordance ith article 0C3, paragraph 0 ,b., the sentence of imprisonment shall be binding on the States Parties, hich shall in no case modify it/ 1/ The Court alone shall ha!e the right to decide any application for appeal and re!ision/ The State of enforcement shall not impede the ma"ing of any such application by a sentenced person/

1B

Article 160 Su!er9i ion o" en"orce.ent o" entence an$ con$ition o" i.!ri on.ent 0/ The enforcement of a sentence of imprisonment shall be sub'ect to the super!ision of the Court and shall be consistent ith idely accepted international treaty standards go!erning treatment of prisoners/ 1/ The conditions of imprisonment shall be go!erned by the la of the State of enforcement and shall be consistent ith idely accepted international treaty standards go!erning treatment of prisoners5 in no case shall such conditions be more or less fa!ourable than those a!ailable to prisoners con!icted of similar offences in the State of enforcement/ 3/ Communications bet een a sentenced person and the Court shall be unimpeded and confidential/

3/ Paragraph 0 shall cease to apply if the sentenced person remains !oluntarily for more than 3C days in the territory of the State of enforcement after ha!ing ser!ed the full sentence imposed by the Court, or returns to the territory of that State after ha!ing left it/

,c. 9ther factors establishing a clear and significant change of circumstances sufficient to 'ustify the reduction of sentence, as pro!ided in the Rules of Procedure and E!idence/ B/ *f the Court determines in its initial re!ie under paragraph 3 that it is not appropriate to reduce the sentence, it shall thereafter re!ie the 2uestion of reduction of sentence at such inter!als and applying such criteria as pro!ided for in the Rules of Procedure and E!idence/ Article 111 E ca!e *f a con!icted person escapes from custody and flees the State of enforcement, that State may, after consultation ith the Court, re2uest the person=s surrender from the State in hich the person is located pursuant to e&isting bilateral or multilateral arrangements, or may re2uest that the Court see" the person=s surrender, in accordance ith Part ;/ *t may direct that the person be deli!ered to the State in hich he or she as ser!ing the sentence or to another State designated by the Court/

Article 165 En"orce.ent o" "ine an$ "or"eiture .ea ure 0/ States Parties shall gi!e effect to fines or forfeitures ordered by the Court under Part >, ithout pre'udice to the rights of bona fide third parties, and in accordance ith the procedure of their national la / 1/ *f a State Party is unable to gi!e effect to an order for forfeiture, it shall ta"e measures to reco!er the !alue of the proceeds, property or assets ordered by the Court to be forfeited, ithout pre'udice to the rights of bona fide third parties/ 3/ Property, or the proceeds of the sale of real property or, here appropriate, the sale of other property, hich is obtained by a State Party as a result of its enforcement of a 'udgement of the Court shall be transferred to the Court/

Article 162 Tran "er o" the !er on u!on co.!letion o" entence 0/ 7ollo ing completion of the sentence, a person ho is not a national of the State of enforcement may, in accordance ith the la of the State of enforcement, be transferred to a State hich is obliged to recei!e him or her, or to another State hich agrees to recei!e him or her, ta"ing into account any ishes of the person to be transferred to that State, unless the State of enforcement authori#es the person to remain in its territory/ 1/ *f no State bears the costs arising out of transferring the person to another State pursuant to paragraph 0, such costs shall be borne by the Court/ 3/ Sub'ect to the pro!isions of article 0CA, the State of enforcement may also, in accordance ith its national la , e&tradite or other ise surrender the person to a State hich has re2uested the e&tradition or surrender of the person for purposes of trial or enforcement of a sentence/

PART 11. ASSEMBL+ OF STATES PARTIES Article 112 A e.8l3 o" State Partie

Article 116 Re9ie# 83 the Court concernin' re$uction o" entence 0/ The State of enforcement shall not release the person before e&piry of the sentence pronounced by the Court/ 1/ The Court alone shall ha!e the right to decide any reduction of sentence, and shall rule on the matter after ha!ing heard the person/ 3/ 6hen the person has ser!ed t o thirds of the sentence, or 1B years in the case of life imprisonment, the Court shall re!ie the sentence to determine hether it should be reduced/ Such a re!ie shall not be conducted before that time/ </ *n its re!ie under paragraph 3, the Court may reduce the sentence if it finds that one or more of the follo ing factors are present4 ,a. The early and continuing illingness of the person to cooperate ith the Court in its in!estigations and prosecutions5 ,b. The !oluntary assistance of the person in enabling the enforcement of the 'udgements and orders of the Court in other cases, and in particular pro!iding assistance in locating assets sub'ect to orders of fine, forfeiture or reparation hich may be used for the benefit of !ictims5 or

0/ An Assembly of States Parties to this Statute is hereby established/ Each State Party shall ha!e one representati!e in the Assembly ho may be accompanied by alternates and ad!isers/ 9ther States hich ha!e signed this Statute or the 7inal Act may be obser!ers in the Assembly/ 1/ The Assembly shall4 ,a. Consider and adopt, as appropriate, recommendations of the Preparatory Commission5 ,b. Pro!ide management o!ersight to the Presidency, the Prosecutor and the Registrar regarding the administration of the Court5 ,c. Consider the reports and acti!ities of the Bureau established under paragraph 3 and ta"e appropriate action in regard thereto5 ,d. Consider and decide the budget for the Court5

Article 164 Li.itation on the !ro ecution or !uni h.ent o" other o""ence 0/ A sentenced person in the custody of the State of enforcement shall not be sub'ect to prosecution or punishment or to e&tradition to a third State for any conduct engaged in prior to that person=s deli!ery to the State of enforcement, unless such prosecution, punishment or e&tradition has been appro!ed by the Court at the re2uest of the State of enforcement/ 1/ The Court shall decide the matter after ha!ing heard the !ie s of the sentenced person/

,e. %ecide hether to alter, in accordance ith article 3@, the number of 'udges5 ,f. Consider pursuant to article A>, paragraphs B and >, any 2uestion relating to non$cooperation5

1@

,g. Perform any other function consistent ith this Statute or the Rules of Procedure and E!idence/ 3/ ,a. The Assembly shall ha!e a Bureau consisting of a President, t o ?ice$Presidents and 0A members elected by the Assembly for three$year terms/ ,b. The Bureau shall ha!e a representati!e character, ta"ing into account, in particular, e2uitable geographical distribution and the ade2uate representation of the principal legal systems of the orld/ ,c. The Bureau shall meet as often as necessary, but at least once a year/ *t shall assist the Assembly in the discharge of its responsibilities/ </ The Assembly may establish such subsidiary bodies as may be necessary, including an independent o!ersight mechanism for inspection, e!aluation and in!estigation of the Court, in order to enhance its efficiency and economy/ B/ The President of the Court, the Prosecutor and the Registrar or their representati!es may participate, as appropriate, in meetings of the Assembly and of the Bureau/ @/ The Assembly shall meet at the seat of the Court or at the +ead2uarters of the (nited )ations once a year and, hen circumstances so re2uire, hold special sessions/ E&cept as other ise specified in this Statute, special sessions shall be con!ened by the Bureau on its o n initiati!e or at the re2uest of one third of the States Parties/ >/ Each State Party shall ha!e one !ote/ E!ery effort shall be made to reach decisions by consensus in the Assembly and in the Bureau/ *f consensus cannot be reached, e&cept as other ise pro!ided in the Statute4 ,a. %ecisions on matters of substance must be appro!ed by a t o$thirds ma'ority of those present and !oting pro!ided that an absolute ma'ority of States Parties constitutes the 2uorum for !oting5 ,b. %ecisions on matters of procedure shall be ta"en by a simple ma'ority of States Parties present and !oting/ A/ A State Party hich is in arrears in the payment of its financial contributions to ards the costs of the Court shall ha!e no !ote in the Assembly and in the Bureau if the amount of its arrears e2uals or e&ceeds the amount of the contributions due from it for the preceding t o full years/ The Assembly may, ne!ertheless, permit such a State Party to !ote in the Assembly and in the Bureau if it is satisfied that the failure to pay is due to conditions beyond the control of the State Party/

;/

The Assembly shall adopt its o n rules of procedure/

0C/ The official and or"ing languages of the Assembly shall be those of the :eneral Assembly of the (nited )ations/

The contributions of States Parties shall be assessed in accordance ith an agreed scale of assessment, based on the scale adopted by the (nited )ations for its regular budget and ad'usted in accordance ith the principles on hich that scale is based/

PART 12. FINANCIN1 Article 11% Financial Re'ulation E&cept as other ise specifically pro!ided, all financial matters related to the Court and the meetings of the Assembly of States Parties, including its Bureau and subsidiary bodies, shall be go!erned by this Statute and the 7inancial Regulations and Rules adopted by the Assembly of States Parties/

Article 114 Annual au$it The records, boo"s and accounts of the Court, including its annual financial statements, shall be audited annually by an independent auditor/

PART 1%. FINAL CLAUSES Article 115 Settle.ent o" $i !ute

Article 11& Pa3.ent o" e7!en e E&penses of the Court and the Assembly of States Parties, including its Bureau and subsidiary bodies, shall be paid from the funds of the Court/

0/ Any dispute concerning the 'udicial functions of the Court shall be settled by the decision of the Court/ 1/ Any other dispute bet een t o or more States Parties relating to the interpretation or application of this Statute hich is not settled through negotiations ithin three months of their commencement shall be referred to the Assembly of States Parties/ The Assembly may itself see" to settle the dispute or may ma"e recommendations on further means of settlement of the dispute, including referral to the *nternational Court of Dustice in conformity ith the Statute of that Court/

Article 11- Fun$ o" the Court an$ o" the A

e.8l3 o" State Partie

The e&penses of the Court and the Assembly of States Parties, including its Bureau and subsidiary bodies, as pro!ided for in the budget decided by the Assembly of States Parties, shall be pro!ided by the follo ing sources4 ,a. Assessed contributions made by States Parties5

Article 126 Re er9ation )o reser!ations may be made to this Statute/

,b. 7unds pro!ided by the (nited )ations, sub'ect to the appro!al of the :eneral Assembly, in particular in relation to the e&penses incurred due to referrals by the Security Council/ Article 110 >oluntar3 contri8ution 6ithout pre'udice to article 00B, the Court may recei!e and utili#e, as additional funds, !oluntary contributions from :o!ernments, international organi#ations, indi!iduals, corporations and other entities, in accordance ith rele!ant criteria adopted by the Assembly of States Parties/

Article 121 A.en$.ent 0/ After the e&piry of se!en years from the entry into force of this Statute, any State Party may propose amendments thereto/ The te&t of any proposed amendment shall be submitted to the Secretary$:eneral of the (nited )ations, ho shall promptly circulate it to all States Parties/ 1/ )o sooner than three months from the date of notification, the Assembly of States Parties, at its ne&t meeting, shall, by a ma'ority of those present and !oting, decide hether to ta"e up the proposal/ The Assembly may deal ith the proposal directly or con!ene a Re!ie Conference if the issue in!ol!ed so arrants/

Article 112 A

e

.ent o" contri8ution

1>

3/ The adoption of an amendment at a meeting of the Assembly of States Parties or at a Re!ie Conference on hich consensus cannot be reached shall re2uire a t o$thirds ma'ority of States Parties/ </ E&cept as pro!ided in paragraph B, an amendment shall enter into force for all States Parties one year after instruments of ratification or acceptance ha!e been deposited ith the Secretary$:eneral of the (nited )ations by se!en$eighths of them/ B/ Any amendment to articles B, @, > and A of this Statute shall enter into force for those States Parties hich ha!e accepted the amendment one year after the deposit of their instruments of ratification or acceptance/ *n respect of a State Party hich has not accepted the amendment, the Court shall not e&ercise its 'urisdiction regarding a crime co!ered by the amendment hen committed by that State Party=s nationals or on its territory/ @/ *f an amendment has been accepted by se!en$eighths of States Parties in accordance ith paragraph <, any State Party hich has not accepted the amendment may ithdra from this Statute ith immediate effect, not ithstanding article 01>, paragraph 0, but sub'ect to article 01>, paragraph 1, by gi!ing notice no later than one year after the entry into force of such amendment/ >/ The Secretary$:eneral of the (nited )ations shall circulate to all States Parties any amendment adopted at a meeting of the Assembly of States Parties or at a Re!ie Conference/

0/ Se!en years after the entry into force of this Statute the Secretary$ :eneral of the (nited )ations shall con!ene a Re!ie Conference to consider any amendments to this Statute/ Such re!ie may include, but is not limited to, the list of crimes contained in article B/ The Conference shall be open to those participating in the Assembly of States Parties and on the same conditions/ 1/ At any time thereafter, at the re2uest of a State Party and for the purposes set out in paragraph 0, the Secretary$:eneral of the (nited )ations shall, upon appro!al by a ma'ority of States Parties, con!ene a Re!ie Conference/ 3/ The pro!isions of article 010, paragraphs 3 to >, shall apply to the adoption and entry into force of any amendment to the Statute considered at a Re!ie Conference/

0/ This Statute shall enter into force on the first day of the month after the @Cth day follo ing the date of the deposit of the @Cth instrument of ratification, acceptance, appro!al or accession ith the Secretary$:eneral of the (nited )ations/ 1/ 7or each State ratifying, accepting, appro!ing or acceding to this Statute after the deposit of the @Cth instrument of ratification, acceptance, appro!al or accession, the Statute shall enter into force on the first day of the month after the @Cth day follo ing the deposit by such State of its instrument of ratification, acceptance, appro!al or accession/

Article 122 ,ith$ra#al 0/ A State Party may, by ritten notification addressed to the Secretary$:eneral of the (nited )ations, ithdra from this Statute/ The ithdra al shall ta"e effect one year after the date of receipt of the notification, unless the notification specifies a later date/ 1/ A State shall not be discharged, by reason of its ithdra al, from the obligations arising from this Statute hile it as a Party to the Statute, including any financial obligations hich may ha!e accrued/ *ts ithdra al shall not affect any cooperation ith the Court in connection ith criminal in!estigations and proceedings in relation to hich the ithdra ing State had a duty to cooperate and hich ere commenced prior to the date on hich the ithdra al became effecti!e, nor shall it pre'udice in any ay the continued consideration of any matter hich as already under consideration by the Court prior to the date on hich the ithdra al became effecti!e/

Article 12& Tran itional Pro9i ion )ot ithstanding article 01, paragraphs 0 and 1, a State, on becoming a party to this Statute, may declare that, for a period of se!en years after the entry into force of this Statute for the State concerned, it does not accept the 'urisdiction of the Court ith respect to the category of crimes referred to in article A hen a crime is alleged to ha!e been committed by its nationals or on its territory/ A declaration under this article may be ithdra n at any time/ The pro!isions of this article shall be re!ie ed at the Re!ie Conference con!ened in accordance ith article 013, paragraph 0/

Article 122 A.en$.ent to !ro9i ion o" an in titutional nature Article 12- Si'nature* rati"ication* acce!tance* a!!ro9al or acce 0/ Amendments to pro!isions of this Statute hich are of an e&clusi!ely institutional nature, namely, article 3B, article 3@, paragraphs A and ;, article 3>, article 3A, article 3;, paragraphs 0 ,first t o sentences., 1 and <, article <1, paragraphs < to ;, article <3, paragraphs 1 and 3, and articles <<, <@, <> and <;, may be proposed at any time, not ithstanding article 010, paragraph 0, by any State Party/ The te&t of any proposed amendment shall be submitted to the Secretary$:eneral of the (nited )ations or such other person designated by the Assembly of States Parties ho shall promptly circulate it to all States Parties and to others participating in the Assembly/ 1/ Amendments under this article on hich consensus cannot be reached shall be adopted by the Assembly of States Parties or by a Re!ie Conference, by a t o$thirds ma'ority of States Parties/ Such amendments shall enter into force for all States Parties si& months after their adoption by the Assembly or, as the case may be, by the Conference/ ion Article 124 Authentic te7t 0/ This Statute shall be open for signature by all States in Rome, at the head2uarters of the 7ood and Agriculture 9rgani#ation of the (nited )ations, on 0> Duly 0;;A/ Thereafter, it shall remain open for signature in Rome at the Ministry of 7oreign Affairs of *taly until 0> 9ctober 0;;A/ After that date, the Statute shall remain open for signature in )e For", at (nited )ations +ead2uarters, until 30 %ecember 1CCC/ 1/ This Statute is sub'ect to ratification, acceptance or appro!al by signatory States/ *nstruments of ratification, acceptance or appro!al shall be deposited ith the Secretary$:eneral of the (nited )ations/ 3/ This Statute shall be open to accession by all States/ *nstruments of accession shall be deposited ith the Secretary$:eneral of the (nited )ations/ The original of this Statute, of hich the Arabic, Chinese, English, 7rench, Russian and Spanish te&ts are e2ually authentic, shall be deposited ith the Secretary$:eneral of the (nited )ations, ho shall send certified copies thereof to all States/ *) 6*T)ESS 6+ERE97, the undersigned, being duly authori#ed thereto by their respecti!e :o!ernments, ha!e signed this Statute/ %9)E at Rome, this 0>th day of Duly 0;;A/

Article 120 Entr3 into "orce Article 12% Re9ie# o" the Statute

1A