The States Parties to this Statute,
Conscious that all peoples are united by common bonds, their cultures pieced together in a shared heritage, and concerned that this delicate mosaic may be shattered at any time,
Mindful that during this century millions of children, women and men have been victims of unimaginable atrocities that deeply shock the conscience of humanity,
Recognizing that such grave crimes threaten the peace, security and well-being of the world,
Affirming that the most serious crimes of concern to the international community as a whole must not go unpunished and that their effective prosecution must be ensured by taking measures at the national level and by enhancing international cooperation,
Determined to put an end to impunity for the perpetrators of these crimes and thus to contribute to the prevention of such crimes,
Recalling that it is the duty of every State to exercise its criminal jurisdiction over those responsible for international crimes,
Reaffirming the Purposes and Principles of the Charter of the United Nations, and in particular that all States shall refrain from the threat or use of force against the territorial integrity or political independence of any State, or in any other manner inconsistent with the Purposes of the United Nations,
Emphasizing in this connection that nothing in this Statute shall be taken as authorizing any State Party to intervene in an armed conflict or in the internal affairs of any State,
Determined to these ends and for the sake of present and future generations, to establish an independent permanent International Criminal Court in relationship with the United Nations system, with jurisdiction over the most serious crimes of concern to the international community as a whole,
Emphasizing that the International Criminal Court established under this Statute shall be complementary to national criminal jurisdictions,
Resolved to guarantee lasting respect for and the enforcement of international justice,
Have agreed as follows
PART 1. ESTABLISHMENT OF THE COURT
The Court
An International Criminal Court ("the Court") is hereby established. It shall be a permanent institution and shall have the power to exercise its jurisdiction over persons for the most serious crimes of international concern, as referred to in this Statute, and shall be complementary to national criminal jurisdictions. The jurisdiction and functioning of the Court shall be governed by the provisions of this Statute.
Relationship of the Court with the United Nations
The Court
shall be brought into relationship with the United Nations through an agreement
to be approved by the Assembly of States Parties to this Statute and thereafter
concluded by the President of the Court on its behalf.
Seat of the Court
1. The seat of the Court
shall be established at
2. The Court shall enter into a
headquarters agreement with the host State, to be approved by the Assembly of
States Parties and thereafter concluded by the President of the Court on its
behalf.
3. The Court may sit elsewhere, whenever it considers it desirable, as provided in this Statute.
Legal status and powers of the Court
1. The Court shall have
international legal personality. It shall also have such legal capacity as may
be necessary for the exercise of its functions and the fulfilment
of its purposes.
2. The Court may exercise its
functions and powers, as provided in this Statute, on the territory of any
State Party and, by special agreement, on the territory of any other State.
PART 2. JURISDICTION, ADMISSIBILITY AND APPLICABLE LAW
Crimes within the jurisdiction of the Court
1. The jurisdiction of the Court shall be limited to the most serious crimes of concern to the international community as a whole. The Court has jurisdiction in accordance with this Statute with respect to the following crimes:
(a) The crime of genocide;
(b) Crimes against humanity;
(c) War crimes;
(d) The crime of aggression.
2. The Court shall exercise
jurisdiction over the crime of aggression once a provision is adopted in
accordance with articles 121 and 123 defining the crime and setting out the
conditions under which the Court shall exercise jurisdiction with respect to
this crime. Such a provision shall be consistent with the relevant provisions
of the Charter of the United Nations.
Genocide
For the purpose of this Statute, "genocide" means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
(a) Killing members of the group;
(b) Causing serious bodily or mental harm to members of the group;
(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
(d) Imposing measures intended to prevent births within the group;
(e) Forcibly transferring
children of the group to another group.
Crimes against humanity
1. For the purpose of this Statute, "crime against humanity" means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:
(a) Murder;
(b) Extermination;
(c) Enslavement;
(d) Deportation or forcible transfer of population;
(e) Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law;
(f) Torture;
(g) Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity;
(h) Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender as defined in paragraph 3, or other grounds that are universally recognized as impermissible under international law, in connection with any act referred to in this paragraph or any crime within the jurisdiction of the Court;
(i) Enforced disappearance of persons;
(j) The crime of apartheid;
(k) Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.
2. For the purpose of paragraph 1:
(a) "Attack directed against any civilian population" means a course of conduct involving the multiple commission of acts referred to in paragraph 1 against any civilian population, pursuant to or in furtherance of a State or organizational policy to commit such attack;
(b) "Extermination" includes the intentional infliction of conditions of life, inter alia the deprivation of access to food and medicine, calculated to bring about the destruction of part of a population;
(c) "Enslavement" means the exercise of any or all of the powers attaching to the right of ownership over a person and includes the exercise of such power in the course of trafficking in persons, in particular women and children;
(d) "Deportation or forcible transfer of population" means forced displacement of the persons concerned by expulsion or other coercive acts from the area in which they are lawfully present, without grounds permitted under international law;
(e) "Torture" means the intentional infliction of severe pain or suffering, whether physical or mental, upon a person in the custody or under the control of the accused; except that torture shall not include pain or suffering arising only from, inherent in or incidental to, lawful sanctions;
(f) "Forced pregnancy" means the unlawful confinement of a woman forcibly made pregnant, with the intent of affecting the ethnic composition of any population or carrying out other grave violations of international law. This definition shall not in any way be interpreted as affecting national laws relating to pregnancy;
(g) "Persecution" means the intentional and severe deprivation of fundamental rights contrary to international law by reason of the identity of the group or collectivity;
(h) "The crime of apartheid" means inhumane acts of a character similar to those referred to in paragraph 1, committed in the context of an institutionalized regime of systematic oppression and domination by one racial group over any other racial group or groups and committed with the intention of maintaining that regime;
(i) "Enforced disappearance of persons" means the arrest, detention or abduction of persons by, or with the authorization, support or acquiescence of, a State or a political organization, followed by a refusal to acknowledge that deprivation of freedom or to give information on the fate or whereabouts of those persons, with the intention of removing them from the protection of the law for a prolonged period of time.
3. For the
purpose of this Statute, it is understood that the term "gender"
refers to the two sexes, male and female, within the context of society. The
term "gender" does not indicate any meaning different from the above.
War crimes
1. The Court shall have
jurisdiction in respect of war crimes in particular when committed as part of a
plan or policy or as part of a large-scale commission of such crimes.
2. For the purpose of this
Statute, "war crimes" means:
(a) Grave breaches of the Geneva Conventions of 12 August 1949, namely, any of the following acts against persons or property protected under the provisions of the relevant Geneva Convention:
(i) Wilful killing;
(ii) Torture or inhuman treatment, including biological experiments;
(iii) Wilfully causing great suffering, or serious injury to body or health;
(iv) Extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly;
(v) Compelling a prisoner of war or other protected person to serve in the forces of a hostile Power;
(vi) Wilfully depriving a prisoner of war or other protected person of the rights of fair and regular trial;
(vii) Unlawful deportation or transfer or unlawful confinement;
(viii) Taking of hostages.
(b) Other serious violations of the laws and customs applicable in international armed conflict, within the established framework of international law, namely, any of the following acts:
(i) Intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part in hostilities;
(ii) Intentionally directing attacks against civilian objects, that is, objects which are not military objectives;
(iii) Intentionally directing attacks against personnel, installations, material, units or vehicles involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations, as long as they are entitled to the protection given to civilians or civilian objects under the international law of armed conflict;
(iv) Intentionally launching an attack in the knowledge that such attack will cause incidental loss of life or injury to civilians or damage to civilian objects or widespread, long-term and severe damage to the natural environment which would be clearly excessive in relation to the concrete and direct overall military advantage anticipated;
(v) Attacking or bombarding, by whatever means, towns, villages, dwellings or buildings which are undefended and which are not military objectives;
(vi) Killing or wounding a combatant who, having laid down his arms or having no longer means of defence, has surrendered at discretion;
(vii) Making improper use of a flag of truce, of the flag or of the military insignia and uniform of the enemy or of the United Nations, as well as of the distinctive emblems of the Geneva Conventions, resulting in death or serious personal injury;
(viii) The transfer, directly or indirectly, by the Occupying Power of parts of its own civilian population into the territory it occupies, or the deportation or transfer of all or parts of the population of the occupied territory within or outside this territory;
(ix) Intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected, provided they are not military objectives;
(x) Subjecting persons who are in the power of an adverse party to physical mutilation or to medical or scientific experiments of any kind which are neither justified by the medical, dental or hospital treatment of the person concerned nor carried out in his or her interest, and which cause death to or seriously endanger the health of such person or persons;
(xi) Killing or wounding treacherously individuals belonging to the hostile nation or army;
(xii) Declaring that no quarter will be given;
(xiii) Destroying or seizing the enemy's property unless such destruction or seizure be imperatively demanded by the necessities of war;
(xiv) Declaring abolished, suspended or inadmissible in a court of law the rights and actions of the nationals of the hostile party;
(xv) Compelling the nationals of the hostile party to take part in the operations of war directed against their own country, even if they were in the belligerent's service before the commencement of the war;
(xvi) Pillaging a town or place, even when taken by assault;
(xvii) Employing poison or poisoned weapons;
(xviii) Employing asphyxiating, poisonous or other gases, and all analogous liquids, materials or devices;
(xix) Employing bullets which expand or flatten easily in the human body, such as bullets with a hard envelope which does not entirely cover the core or is pierced with incisions;
(xx) Employing weapons, projectiles and material and methods of warfare which are of a nature to cause superfluous injury or unnecessary suffering or which are inherently indiscriminate in violation of the international law of armed conflict, provided that such weapons, projectiles and material and methods of warfare are the subject of a comprehensive prohibition and are included in an annex to this Statute, by an amendment in accordance with the relevant provisions set forth in articles 121 and 123;
(xxi) Committing outrages upon personal dignity, in particular humiliating and degrading treatment;
(xxii) Committing rape, sexual slavery, enforced prostitution, forced pregnancy, as defined in article 7, paragraph 2 (f), enforced sterilization, or any other form of sexual violence also constituting a grave breach of the Geneva Conventions;
(xxiii) Utilizing the presence of a civilian or other protected person to render certain points, areas or military forces immune from military operations;
(xxiv) Intentionally directing attacks against buildings, material, medical units and transport, and personnel using the distinctive emblems of the Geneva Conventions in conformity with international law;
(xxv) Intentionally using starvation of civilians as a method of warfare by depriving them of objects indispensable to their survival, including wilfully impeding relief supplies as provided for under the Geneva Conventions;
(xxvi) Conscripting or
enlisting children under the age of fifteen years into the national armed
forces or using them to participate actively in hostilities.
(c) In the
case of an armed conflict not of an international character, serious violations
of article 3 common to the four Geneva Conventions of 12 August 1949, namely,
any of the following acts committed against persons taking no active part in
the hostilities, including members of armed forces who have laid down their
arms and those placed hors de combat by sickness, wounds, detention or
any other cause:
(i) Violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;
(ii) Committing outrages upon personal dignity, in particular humiliating and degrading treatment;
(iii) Taking of hostages;
(iv) The
passing of sentences and the carrying out of executions without previous judgement pronounced by a regularly constituted court,
affording all judicial guarantees which are generally recognized as
indispensable.
(d) Paragraph 2 (c) applies to armed conflicts not of an international character and thus does not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence or other acts of a similar nature.
(e) Other serious
violations of the laws and customs applicable in armed conflicts not of an
international character, within the established framework of international law,
namely, any of the following acts:
(i) Intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part in hostilities;
(ii) Intentionally directing attacks against buildings, material, medical units and transport, and personnel using the distinctive emblems of the Geneva Conventions in conformity with international law;
(iii) Intentionally directing attacks against personnel, installations, material, units or vehicles involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations, as long as they are entitled to the protection given to civilians or civilian objects under the international law of armed conflict;
(iv) Intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected, provided they are not military objectives;
(v) Pillaging a town or place, even when taken by assault;
(vi) Committing rape, sexual slavery, enforced prostitution, forced pregnancy, as defined in article 7, paragraph 2 (f), enforced sterilization, and any other form of sexual violence also constituting a serious violation of article 3 common to the four Geneva Conventions;
(vii) Conscripting or enlisting children under the age of fifteen years into armed forces or groups or using them to participate actively in hostilities;
(viii) Ordering the displacement of the civilian population for reasons related to the conflict, unless the security of the civilians involved or imperative military reasons so demand;
(ix) Killing or wounding treacherously a combatant adversary;
(x) Declaring that no quarter will be given;
(xi) Subjecting persons who are in the power of another party to the conflict to physical mutilation or to medical or scientific experiments of any kind which are neither justified by the medical, dental or hospital treatment of the person concerned nor carried out in his or her interest, and which cause death to or seriously endanger the health of such person or persons;
(xii) Destroying or
seizing the property of an adversary unless such destruction or seizure be imperatively demanded by the necessities of the conflict;
(f) Paragraph 2 (e) applies to armed conflicts not of an international character and thus does not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence or other acts of a similar nature. It applies to armed conflicts that take place in the territory of a State when there is protracted armed conflict between governmental authorities and organized armed groups or between such groups.
3. Nothing
in paragraph 2 (c) and (e) shall affect the responsibility of a Government to
maintain or re-establish law and order in the State or to defend the unity and
territorial integrity of the State, by all legitimate means.
Elements of Crimes
1. Elements of Crimes shall
assist the Court in the interpretation and application of articles 6, 7 and 8.
They shall be adopted by a two-thirds majority of the members of the Assembly
of States Parties.
2. Amendments to the Elements of Crimes may be proposed by:
(a) Any State Party;
(b) The judges acting by an absolute majority;
(c) The Prosecutor.
Such amendments shall be adopted by a two-thirds majority of
the members of the Assembly of States Parties.
3. The Elements of Crimes and
amendments thereto shall be consistent with this Statute.
Nothing in this Part shall be interpreted as limiting or prejudicing in any way
existing or developing rules of international law for purposes other than this
Statute.
Jurisdiction ratione temporis
1. The Court has jurisdiction
only with respect to crimes committed after the entry into force of this
Statute.
2. If a State becomes a Party
to this Statute after its entry into force, the Court may exercise its
jurisdiction only with respect to crimes committed after the entry into force
of this Statute for that State, unless that State has made a declaration under
article 12, paragraph 3.
Preconditions to the exercise of jurisdiction
1. A State which becomes a
Party to this Statute thereby accepts the jurisdiction of the Court with
respect to the crimes referred to in article 5.
2. In the case of article 13,
paragraph (a) or (c), the Court may exercise its jurisdiction if one or more of
the following States are Parties to this Statute or have accepted the
jurisdiction of the Court in accordance with paragraph 3:
(a) The State on the territory of which the conduct in question occurred or, if the crime was committed on board a vessel or aircraft, the State of registration of that vessel or aircraft;
(b) The State of which the person accused of the crime is a national.
3. If the
acceptance of a State which is not a Party to this Statute is required under
paragraph 2, that State may, by declaration lodged with the Registrar, accept the
exercise of jurisdiction by the Court with respect to the crime in question.
The accepting State shall cooperate with the Court without any delay or
exception in accordance with Part 9.
Exercise of jurisdiction
The Court
may exercise its jurisdiction with respect to a crime referred to in article 5
in accordance with the provisions of this Statute if:
(a) A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by a State Party in accordance with article 14;
(b) A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by the Security Council acting under Chapter VII of the Charter of the United Nations; or
(c) The Prosecutor has initiated an investigation in respect of such a crime in accordance with article 15.
Referral of a situation by a State Party
1. A State Party may refer to
the Prosecutor a situation in which one or more crimes within the jurisdiction
of the Court appear to have been committed requesting the Prosecutor to
investigate the situation for the purpose of determining whether one or more
specific persons should be charged with the commission of such crimes.
2. As far as possible, a
referral shall specify the relevant circumstances and be accompanied by such
supporting documentation as is available to the State referring the situation.
Prosecutor
1. The Prosecutor may
initiate investigations proprio motu on the basis of information on crimes within the
jurisdiction of the Court.
2. The Prosecutor shall analyse the seriousness of the information received. For
this purpose, he or she may seek additional information from States, organs of
the United Nations, intergovernmental or non-governmental organizations, or
other reliable sources that he or she deems appropriate, and may receive
written or oral testimony at the seat of the Court.
3. If the Prosecutor concludes
that there is a reasonable basis to proceed with an investigation, he or she
shall submit to the Pre-Trial Chamber a request for authorization of an
investigation, together with any supporting material collected. Victims may
make representations to the Pre-Trial Chamber, in accordance with the Rules of
Procedure and Evidence.
4. If the Pre-Trial Chamber,
upon examination of the request and the supporting material, considers that
there is a reasonable basis to proceed with an investigation, and that the case
appears to fall within the jurisdiction of the Court, it shall authorize the
commencement of the investigation, without prejudice to subsequent
determinations by the Court with regard to the jurisdiction and admissibility
of a case.
5. The refusal of the Pre-Trial
Chamber to authorize the investigation shall not preclude the presentation of a
subsequent request by the Prosecutor based on new facts or evidence regarding
the same situation.
6. If, after the preliminary examination
referred to in paragraphs 1 and 2, the Prosecutor concludes that the
information provided does not constitute a reasonable basis for an investigation, he or she shall inform those who provided the
information. This shall not preclude the Prosecutor from considering further
information submitted to him or her regarding the same situation in the light
of new facts or evidence.
Deferral of investigation or prosecution
No
investigation or prosecution may be commenced or proceeded with under this
Statute for a period of 12 months after the Security Council, in a resolution
adopted under Chapter VII of the Charter of the United Nations, has requested
the Court to that effect; that request may be renewed by the Council under the
same conditions.
Issues of admissibility
1. Having regard
to paragraph 10 of the Preamble and article 1, the Court shall determine that a
case is inadmissible where:
(a) The case is being investigated or prosecuted by a State which has jurisdiction over it, unless the State is unwilling or unable genuinely to carry out the investigation or prosecution;
(b) The case has been investigated by a State which has jurisdiction over it and the State has decided not to prosecute the person concerned, unless the decision resulted from the unwillingness or inability of the State genuinely to prosecute;
(c) The person concerned has already been tried for conduct which is the subject of the complaint, and a trial by the Court is not permitted under article 20, paragraph 3;
(d) The case is not of sufficient gravity to justify further action by the Court.
2. In order to determine unwillingness in a particular case, the Court shall consider, having regard to the principles of due process recognized by international law, whether one or more of the following exist, as applicable:
(a) The proceedings were or are being undertaken or the national decision was made for the purpose of shielding the person concerned from criminal responsibility for crimes within the jurisdiction of the Court referred to in article 5;
(b) There has been an unjustified delay in the proceedings which in the circumstances is inconsistent with an intent to bring the person concerned to justice;
(c) The proceedings were not or are not being conducted independently or impartially, and they were or are being conducted in a manner which, in the circumstances, is inconsistent with an intent to bring the person concerned to justice.
3. In order
to determine inability in a particular case, the Court shall consider whether,
due to a total or substantial collapse or unavailability of its national
judicial system, the State is unable to obtain the accused or the necessary
evidence and testimony or otherwise unable to carry out its proceedings.
Preliminary rulings regarding admissibility
1. When a situation has been
referred to the Court pursuant to article 13 (a) and the Prosecutor has
determined that there would be a reasonable basis to commence an investigation,
or the Prosecutor initiates an investigation pursuant to articles 13 (c) and
15, the Prosecutor shall notify all States Parties and those States which,
taking into account the information available, would normally exercise
jurisdiction over the crimes concerned. The Prosecutor may notify such States
on a confidential basis and, where the Prosecutor believes it necessary to
protect persons, prevent destruction of evidence or prevent the absconding of
persons, may limit the scope of the information provided to States.
2. Within one month of
receipt of that notification, a State may inform the Court that it is
investigating or has investigated its nationals or others within its
jurisdiction with respect to criminal acts which may constitute crimes referred
to in article 5 and which relate to the information provided in the
notification to States. At the request of that State, the Prosecutor shall
defer to the State's investigation of those persons unless the Pre-Trial
Chamber, on the application of the Prosecutor, decides to authorize the
investigation.
3. The Prosecutor's deferral to
a State's investigation shall be open to review by the Prosecutor six months
after the date of deferral or at any time when there has been a significant
change of circumstances based on the State's unwillingness or inability
genuinely to carry out the investigation.
4. The State concerned or the
Prosecutor may appeal to the Appeals Chamber against a ruling of the Pre-Trial
Chamber, in accordance with article 82. The appeal may be heard on an expedited
basis.
5. When the Prosecutor has
deferred an investigation in accordance with paragraph 2, the Prosecutor may
request that the State concerned periodically inform the Prosecutor of the
progress of its investigations and any subsequent prosecutions. States Parties
shall respond to such requests without undue delay.
6. Pending a ruling by the
Pre-Trial Chamber, or at any time when the Prosecutor has deferred an
investigation under this article, the Prosecutor may, on an exceptional basis,
seek authority from the Pre-Trial Chamber to pursue necessary investigative
steps for the purpose of preserving evidence where there is a unique
opportunity to obtain important evidence or there is a significant risk that
such evidence may not be subsequently available.
7. A State which has challenged
a ruling of the Pre-Trial Chamber under this article may challenge the
admissibility of a case under article 19 on the grounds of additional
significant facts or significant change of circumstances.
Challenges to the jurisdiction of the Court
or the admissibility of a case
1. The Court shall satisfy
itself that it has jurisdiction in any case brought before it. The Court may,
on its own motion, determine the admissibility of a case in accordance with
article 17.
2. Challenges to the
admissibility of a case on the grounds referred to in article 17 or challenges
to the jurisdiction of the Court may be made by:
(a) An accused or a person for whom a warrant of arrest or a summons to appear has been issued under article 58;
(b) A State which has jurisdiction over a case, on the ground that it is investigating or prosecuting the case or has investigated or prosecuted; or
(c) A State from which acceptance of jurisdiction is required under article 12.
3. The
Prosecutor may seek a ruling from the Court regarding a question of jurisdiction
or admissibility. In proceedings with respect to jurisdiction or admissibility,
those who have referred the situation under article 13, as well as victims, may
also submit observations to the Court.
4. The admissibility of a case
or the jurisdiction of the Court may be challenged only once by any person or
State referred to in paragraph 2. The challenge shall take place prior to or at
the commencement of the trial. In exceptional circumstances, the Court may
grant leave for a challenge to be brought more than once or at a time later
than the commencement of the trial. Challenges to the admissibility of a case,
at the commencement of a trial, or subsequently with the leave of the Court,
may be based only on article 17, paragraph 1 (c).
5. A State referred to in
paragraph 2 (b) and (c) shall make a challenge at the earliest opportunity.
6. Prior to the confirmation of
the charges, challenges to the admissibility of a case or challenges to the
jurisdiction of the Court shall be referred to the Pre-Trial Chamber. After
confirmation of the charges, they shall be referred to the Trial Chamber.
Decisions with respect to jurisdiction or admissibility may be appealed to the
Appeals Chamber in accordance with article 82.
7. If a challenge is made by a
State referred to in paragraph 2 (b) or (c), the Prosecutor shall suspend the
investigation until such time as the Court makes a determination in accordance
with article 17.
8. Pending a ruling by the
Court, the Prosecutor may seek authority from the Court:
(a) To pursue necessary investigative steps of the kind referred to in article 18, paragraph 6;
(b) To take a statement or testimony from a witness or complete the collection and examination of evidence which had begun prior to the making of the challenge; and
(c) In cooperation with the relevant States, to prevent the absconding of persons in respect of whom the Prosecutor has already requested a warrant of arrest under article 58.
9. The
making of a challenge shall not affect the validity of any act performed by the
Prosecutor or any order or warrant issued by the Court prior to the making of
the challenge.
10. If the Court has decided
that a case is inadmissible under article 17, the Prosecutor may submit a
request for a review of the decision when he or she is fully satisfied that new
facts have arisen which negate the basis on which the case had previously been
found inadmissible under article 17.
11. If the Prosecutor, having
regard to the matters referred to in article 17, defers an investigation, the
Prosecutor may request that the relevant State make available to the Prosecutor
information on the proceedings. That information shall, at the request of the State
concerned, be confidential. If the Prosecutor thereafter decides to proceed
with an investigation, he or she shall notify the State to which deferral of
the proceedings has taken place.
Ne bis in idem
1. Except as provided in this
Statute, no person shall be tried before the Court with respect to conduct
which formed the basis of crimes for which the person has been convicted or
acquitted by the Court.
2. No person shall be tried
by another court for a crime referred to in article 5 for which that person has
already been convicted or acquitted by the Court.
3. No person who has been tried
by another court for conduct also proscribed under article 6, 7 or 8 shall be
tried by the Court with respect to the same conduct unless the proceedings in
the other court:
(a) Were for the purpose of shielding the person concerned from criminal responsibility for crimes within the jurisdiction of the Court; or
(b) Otherwise were not conducted independently or impartially in accordance with the norms of due process recognized by international law and were conducted in a manner which, in the circumstances, was inconsistent with an intent to bring the person concerned to justice.
Applicable law
1. The Court shall apply:
(a) In the first place, this Statute, Elements of Crimes and its Rules of Procedure and Evidence;
(b) In the second place, where appropriate, applicable treaties and the principles and rules of international law, including the established principles of the international law of armed conflict;
(c) Failing that, general principles of law derived by the Court from national laws of legal systems of the world including, as appropriate, the national laws of States that would normally exercise jurisdiction over the crime, provided that those principles are not inconsistent with this Statute and with international law and internationally recognized norms and standards.
2. The Court
may apply principles and rules of law as interpreted in its previous decisions.
3. The application and
interpretation of law pursuant to this article must be consistent with
internationally recognized human rights, and be without any adverse distinction
founded on grounds such as gender as defined in article 7, paragraph 3, age,
race, colour, language, religion or belief, political
or other opinion, national, ethnic or social origin, wealth, birth or other
status.
PART 3. GENERAL PRINCIPLES OF CRIMINAL LAW
Nullum crimen sine lege
1. A person shall not be
criminally responsible under this Statute unless the conduct in question
constitutes, at the time it takes place, a crime within the jurisdiction of the
Court.
2. The definition of a crime shall
be strictly construed and shall not be extended by analogy. In case of
ambiguity, the definition shall be interpreted in favour
of the person being investigated, prosecuted or convicted.
3. This article shall not affect the characterization of any conduct as criminal under international law independently of this Statute.
Nulla poena sine lege
A person
convicted by the Court may be punished only in accordance with this Statute.
Non-retroactivity ratione personae
1. No person shall be
criminally responsible under this Statute for conduct prior to the entry into
force of the Statute.
2. In the event of a change in
the law applicable to a given case prior to a final judgement,
the law more favourable to the person being
investigated, prosecuted or convicted shall apply.
Individual criminal responsibility
1. The Court shall have
jurisdiction over natural persons pursuant to this Statute.
2. A person who commits a crime
within the jurisdiction of the Court shall be individually responsible and
liable for punishment in accordance with this Statute.
3. In accordance with this
Statute, a person shall be criminally responsible and liable for punishment for
a crime within the jurisdiction of the Court if that person:
(a) Commits such a crime, whether as an individual, jointly with another or through another person, regardless of whether that other person is criminally responsible;
(b) Orders, solicits or induces the commission of such a crime which in fact occurs or is attempted;
(c) For the purpose of facilitating the commission of such a crime, aids, abets or otherwise assists in its commission or its attempted commission, including providing the means for its commission;
(d) In any other way contributes to the commission or attempted commission of such a crime by a group of persons acting with a common purpose. Such contribution shall be intentional and shall either:
(i) Be made with the aim of furthering the criminal activity or criminal purpose of the group, where such activity or purpose involves the commission of a crime within the jurisdiction of the Court; or
(ii) Be made in the
knowledge of the intention of the group to commit the crime;
(e) In respect of the crime of genocide, directly and publicly incites others to commit genocide;
(f) Attempts to commit such a crime by taking action that commences its execution by means of a substantial step, but the crime does not occur because of circumstances independent of the person's intentions. However, a person who abandons the effort to commit the crime or otherwise prevents 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 voluntarily gave up the criminal purpose.
4. No
provision in this Statute relating to individual criminal responsibility shall
affect the responsibility of States under international law.
Exclusion of jurisdiction over persons under eighteen
The Court
shall have no jurisdiction over any person who was under the age of 18 at the
time of the alleged commission of a crime.
Irrelevance of official capacity
1. This Statute shall apply
equally to all persons without any distinction based on official capacity. In
particular, official capacity as a Head of State or Government, a member of a
Government or parliament, an elected representative or a government official
shall in no case exempt a person from criminal responsibility under this
Statute, nor shall it, in and of itself, constitute a ground for reduction of
sentence.
2. Immunities or special
procedural rules which may attach to the official capacity of a person, whether
under national or international law, shall not bar the Court from exercising
its jurisdiction over such a person.
Responsibility of commanders and other superiors
In addition to other grounds of criminal responsibility under this Statute for crimes within the jurisdiction of the Court:
(a) A
military commander or person effectively acting as a military commander shall
be criminally responsible for crimes within the jurisdiction of the Court
committed by forces under his or her effective command and control, or
effective authority and control as the case may be, as a result of his or her
failure to exercise control properly over such forces, where:
(i) That military commander or person either knew or, owing to the circumstances at the time, should have known that the forces were committing or about to commit such crimes; and
(ii) That military
commander or person failed to take all necessary and reasonable measures within
his or her power to prevent or repress their commission or to submit the matter
to the competent authorities for investigation and prosecution.
(b) With
respect to superior and subordinate relationships not described in paragraph
(a), a superior shall be criminally responsible for crimes within the
jurisdiction of the Court committed by subordinates under his or her effective
authority and control, as a result of his or her failure to exercise control
properly over such subordinates, where:
(i) The superior either knew, or consciously disregarded information which clearly indicated, that the subordinates were committing or about to commit such crimes;
(ii) The crimes concerned activities that were within the effective responsibility and control of the superior; and
(iii) The superior failed to take all necessary and reasonable measures within his or her power to prevent or repress their commission or to submit the matter to the competent authorities for investigation and prosecution.
Non-applicability of statute of limitations
The
crimes within the jurisdiction of the Court shall not be subject to any statute
of limitations.
Mental element
1. Unless otherwise
provided, a person shall be criminally responsible and liable for punishment
for a crime within the jurisdiction of the Court only if the material elements
are committed with intent and knowledge.
2. For the purposes of this
article, a person has intent where:
(a) In relation to conduct, that person means to engage in the conduct;
(b) In relation to a consequence, that person means to cause that consequence or is aware that it will occur in the ordinary course of events.
3. For the
purposes of this article, "knowledge" means awareness that a
circumstance exists or a consequence will occur in the ordinary course of
events. "Know" and "knowingly" shall be construed
accordingly.
Grounds for excluding criminal responsibility
1. In addition to other grounds for excluding criminal responsibility provided for in this Statute, a person shall not be criminally responsible if, at the time of that person's conduct:
(a) The person suffers from a mental disease or defect that destroys that person's capacity to appreciate the unlawfulness or nature of his or her conduct, or capacity to control his or her conduct to conform to the requirements of law;
(b) The person is in a state of intoxication that destroys that person's capacity to appreciate the unlawfulness or nature of his or her conduct, or capacity to control his or her conduct to conform to the requirements of law, unless the person has become voluntarily intoxicated under such circumstances that the person knew, or disregarded the risk, that, as a result of the intoxication, he or she was likely to engage in conduct constituting a crime within the jurisdiction of the Court;
(c) The person acts reasonably to defend himself or herself or another person or, in the case of war crimes, property which is essential for the survival of the person or another person or property which is essential for accomplishing a military mission, against an imminent and unlawful use of force in a manner proportionate to the degree of danger to the person or the other person or property protected. The fact that the person was involved in a defensive operation conducted by forces shall not in itself constitute a ground for excluding criminal responsibility under this subparagraph;
(d) The conduct which is alleged to constitute a crime within the jurisdiction of the Court has been caused by duress resulting from a threat of imminent death or of continuing or imminent serious bodily harm against that person or another person, and the person acts necessarily and reasonably to avoid this threat, provided that the person does not intend to cause a greater harm than the one sought to be avoided. Such a threat may either be:
(i) Made by other persons; or
(ii) Constituted by other circumstances beyond that person's control.
2. The Court
shall determine the applicability of the grounds for excluding criminal
responsibility provided for in this Statute to the case before it.
3. At trial, the Court may
consider a ground for excluding criminal responsibility other than those
referred to in paragraph 1 where such a ground is derived from applicable law
as set forth in article 21. The procedures relating to the consideration of
such a ground shall be provided for in the Rules of Procedure and Evidence.
Mistake of fact or mistake of law
1. A mistake of fact shall
be a ground for excluding criminal responsibility only if it negates the mental
element required by the crime.
2. A mistake of law as to whether
a particular type of conduct is a crime within the jurisdiction of the Court
shall not be a ground for excluding criminal responsibility. A mistake of law
may, however, be a ground for excluding criminal responsibility if it negates
the mental element required by such a crime, or as provided for in article 33.
Superior orders and prescription of law
1. The fact that a crime within the jurisdiction of the Court has been committed by a person pursuant to an order of a Government or of a superior, whether military or civilian, shall not relieve that person of criminal responsibility unless:
(a) The person was under a legal obligation to obey orders of the Government or the superior in question;
(b) The person did not know that the order was unlawful; and
(c) The order was not manifestly unlawful.
2. For the
purposes of this article, orders to commit genocide or crimes against humanity
are manifestly unlawful.
PART 4. COMPOSITION AND ADMINISTRATION OF THE COURT
Organs of the Court
The Court shall be composed of the following organs:
(a) The Presidency;
(b) An Appeals Division, a Trial Division and a Pre-Trial Division;
(c) The Office of the Prosecutor;
(d) The Registry.
Service of judges
1. All judges shall be
elected as full-time members of the Court and shall be available to serve on
that basis from the commencement of their terms of office.
2. The judges composing the
Presidency shall serve on a full-time basis as soon as they are elected.
3. The Presidency may, on the
basis of the workload of the Court and in consultation with its members, decide
from time to time to what extent the remaining judges shall be required to
serve on a full-time basis. Any such arrangement shall be without prejudice to
the provisions of article 40.
4. The financial arrangements
for judges not required to serve on a full-time basis shall be made in
accordance with article 49.
Qualifications, nomination and election of judges
1. Subject to the provisions
of paragraph 2, there shall be 18 judges of the Court.
2. (a)
The Presidency, acting on behalf of the Court, may propose an increase in the number
of judges specified in paragraph 1, indicating the reasons why this is
considered necessary and appropriate. The Registrar shall promptly circulate
any such proposal to all States Parties.
(b) Any such proposal shall then be considered at a
meeting of the Assembly of States Parties to be convened in accordance with
article 112. The proposal shall be considered adopted if approved at the
meeting by a vote of two thirds of the members of the Assembly of States
Parties and shall enter into force at such time as decided by the Assembly of
States Parties.
(c) (i) Once a proposal for an increase in the number of judges has been adopted under subparagraph (b), the election of the additional judges shall take place at the next session of the Assembly of States Parties in accordance with paragraphs 3 to 8, and article 37, paragraph 2;
(ii) Once a proposal for an increase in the number of judges has been adopted and brought into effect under subparagraphs (b) and (c) (i), it shall be open to the Presidency at any time thereafter, if the workload of the Court justifies it, to propose a reduction in the number of judges, provided that the number of judges shall not be reduced below that specified in paragraph 1. The proposal shall be dealt with in accordance with the procedure laid down in subparagraphs (a) and (b). In the event that the proposal is adopted, the number of judges shall be progressively decreased as the terms of office of serving judges expire, until the necessary number has been reached.
3. (a) The judges shall be chosen from among persons of high moral character, impartiality and integrity who possess the qualifications required in their respective States for appointment to the highest judicial offices.
(b) Every candidate for election to the Court shall:
(i) Have established competence in criminal law and procedure, and the necessary relevant experience, whether as judge, prosecutor, advocate or in other similar capacity, in criminal proceedings; or
(ii) Have established competence in relevant areas of international law such as international humanitarian law and the law of human rights, and extensive experience in a professional legal capacity which is of relevance to the judicial work of the Court;
(c) Every candidate for election to the Court shall
have an excellent knowledge of and be fluent in at least one of the working
languages of the Court.
4. (a)
Nominations of candidates for election to the Court may be made by any State
Party to this Statute, and shall be made either:
(i) By the procedure for the nomination of candidates for appointment to the highest judicial offices in the State in question; or
(ii) By the procedure provided for the nomination of candidates for the International Court of Justice in the Statute of that Court.
Nominations shall be accompanied by a statement in the necessary detail
specifying how the candidate fulfils the requirements of paragraph 3.
(b) Each State Party may put forward one candidate for
any given election who need not necessarily be a national of that State Party
but shall in any case be a national of a State Party.
(c)
The Assembly of States Parties may decide to establish, if appropriate, an
Advisory Committee on nominations. In that event, the Committee's composition
and mandate shall be established by the Assembly of States Parties.
5. For the purposes of the
election, there shall be two lists of candidates:
List A containing the names of candidates with the qualifications specified in paragraph 3 (b) (i); and
List B containing the names of candidates with the qualifications specified in paragraph 3 (b) (ii).
A
candidate with sufficient qualifications for both lists may choose on which
list to appear. At the first election to the Court, at least nine judges shall
be elected from list A and at least five judges from list B. Subsequent elections
shall be so organized as to maintain the equivalent proportion on the Court of
judges qualified on the two lists.
6. (a)
The judges shall be elected by secret ballot at a meeting of the Assembly of
States Parties convened for that purpose under article 112. Subject to
paragraph 7, the persons elected to the Court shall be the 18 candidates who
obtain the highest number of votes and a two-thirds majority of the States
Parties present and voting.
(b) In the event that a sufficient number of judges is not elected on the first ballot, successive ballots shall
be held in accordance with the procedures laid down in subparagraph (a) until
the remaining places have been filled.
7. No two judges may be
nationals of the same State. A person who, for the purposes of membership of
the Court, could be regarded as a national of more than one State shall be
deemed to be a national of the State in which that person ordinarily exercises
civil and political rights.
8. (a)
The States Parties shall, in the selection of judges, take into account the
need, within the membership of the Court, for:
(i) The representation of the principal legal systems of the world;
(ii) Equitable geographical representation; and
(iii) A fair representation of female and male judges.
(b) States Parties shall also take into account the
need to include judges with legal expertise on specific issues, including, but
not limited to, violence against women or children.
9. (a)
Subject to subparagraph (b), judges shall hold office for a term of nine years
and, subject to subparagraph (c) and to article 37, paragraph 2, shall not be
eligible for re-election.
(b) At the first election, one third of the judges
elected shall be selected by lot to serve for a term of three years; one third
of the judges elected shall be selected by lot to serve for a term of six
years; and the remainder shall serve for a term of nine years.
(c) A judge who is selected to serve for a term of
three years under subparagraph (b) shall be eligible for re-election for a full
term.
10. Notwithstanding paragraph
9, a judge assigned to a Trial or Appeals Chamber in accordance with article 39
shall continue in office to complete any trial or appeal the hearing of which
has already commenced before that Chamber.
Judicial vacancies
1. In the event of a
vacancy, an election shall be held in accordance with article 36 to fill the
vacancy.
2. A judge elected to fill a
vacancy shall serve for the remainder of the predecessor's term and, if that
period is three years or less, shall be eligible for re-election for a full
term under article 36.
The Presidency
1. The President and the
First and Second Vice-Presidents shall be elected by an absolute majority of
the judges. They shall each serve for a term of three years or until the end of
their respective terms of office as judges, whichever expires earlier. They
shall be eligible for re-election once.
2. The First Vice-President
shall act in place of the President in the event that the President is
unavailable or disqualified. The Second Vice-President shall act in place of
the President in the event that both the President and the First Vice-President
are unavailable or disqualified.
3. The President, together with
the First and Second Vice-Presidents, shall constitute the Presidency, which
shall be responsible for:
(a) The proper administration of the Court, with the
exception of the Office of the Prosecutor; and
(b) The other functions conferred upon it in accordance
with this Statute.
4. In discharging its
responsibility under paragraph 3 (a), the Presidency shall coordinate with and
seek the concurrence of the Prosecutor on all matters of mutual concern.
Chambers
1. As soon as possible after
the election of the judges, the Court shall organize itself into the divisions
specified in article 34, paragraph (b). The Appeals Division shall be composed
of the President and four other judges, the Trial Division of not less than six
judges and the Pre-Trial Division of not less than six judges. The assignment
of judges to divisions shall be based on the nature of the functions to be
performed by each division and the qualifications and experience of the judges
elected to the Court, in such a way that each division shall contain an
appropriate combination of expertise in criminal law and procedure and in
international law. The Trial and Pre-Trial Divisions shall be composed
predominantly of judges with criminal trial experience.
2. (a)
The judicial functions of the Court shall be carried out in each division by
Chambers.
(b) (i) The Appeals Chamber shall
be composed of all the judges of the Appeals Division;
(ii) The functions of the Trial Chamber shall be carried out by three judges of the Trial Division;
(iii) The
functions of the Pre-Trial Chamber shall be carried out either by three judges
of the Pre-Trial Division or by a single judge of that division in accordance
with this Statute and the Rules of Procedure and Evidence;
(c) Nothing in this paragraph shall preclude the simultaneous constitution of more than one Trial Chamber or Pre-Trial Chamber when the efficient management of the Court's workload so requires.
3. (a)
Judges assigned to the Trial and Pre-Trial Divisions shall serve in those
divisions for a period of three years, and thereafter until the completion of
any case the hearing of which has already commenced in the division concerned.
(b) Judges assigned to the Appeals Division shall serve
in that division for their entire term of office.
4. Judges assigned to the
Appeals Division shall serve only in that division. Nothing in this article
shall, however, preclude the temporary attachment of judges from the Trial
Division to the Pre-Trial Division or vice versa, if the Presidency considers
that the efficient management of the Court's workload so requires, provided
that under no circumstances shall a judge who has participated in the pre-trial
phase of a case be eligible to sit on the Trial Chamber hearing that case.
1. The judges shall be
independent in the performance of their functions.
2. Judges shall not engage in
any activity which is likely to interfere with their judicial functions or to
affect confidence in their independence.
3. Judges required to serve on
a full-time basis at the seat of the Court shall not engage in any other
occupation of a professional nature.
4. Any question regarding the
application of paragraphs 2 and 3 shall be decided by an absolute majority of
the judges. Where any such question concerns an individual judge, that judge
shall not take part in the decision.
Excusing and disqualification of judges
1. The Presidency may, at
the request of a judge, excuse that judge from the exercise of a function under
this Statute, in accordance with the Rules of Procedure and Evidence.
2. (a)
A judge shall not participate in any case in which his or her impartiality
might reasonably be doubted on any ground. A judge shall be disqualified from a
case in accordance with this paragraph if, inter alia, that judge has
previously been involved in any capacity in that case before the Court or in a
related criminal case at the national level involving the person being
investigated or prosecuted. A judge shall also be disqualified on such other
grounds as may be provided for in the Rules of Procedure and Evidence.
(b) The Prosecutor or the person being investigated or
prosecuted may request the disqualification of a judge under this paragraph.
(c) Any question as to the disqualification of a judge
shall be decided by an absolute majority of the judges. The challenged judge
shall be entitled to present his or her comments on the matter, but shall not
take part in the decision.
The Office of the Prosecutor
1. The Office of the
Prosecutor shall act independently as a separate organ of the Court. It shall
be responsible for receiving referrals and any substantiated information on
crimes within the jurisdiction of the Court, for examining them and for
conducting investigations and prosecutions before the Court. A member of the
Office shall not seek or act on instructions from any external source.
2. The Office shall be headed
by the Prosecutor. The Prosecutor shall have full authority over the management
and administration of the Office, including the staff, facilities and other
resources thereof. The Prosecutor shall be assisted by one or more Deputy
Prosecutors, who shall be entitled to carry out any of the acts required of the
Prosecutor under this Statute. The Prosecutor and the Deputy Prosecutors shall
be of different nationalities. They shall serve on a full-time basis.
3. The Prosecutor and the
Deputy Prosecutors shall be persons of high moral character, be highly
competent in and have extensive practical experience in the prosecution or
trial of criminal cases. They shall have an excellent knowledge of and be
fluent in at least one of the working languages of the Court.
4. The Prosecutor shall be
elected by secret ballot by an absolute majority of the members of the Assembly
of States Parties. The Deputy Prosecutors shall be elected in the same way from
a list of candidates provided by the Prosecutor. The Prosecutor shall nominate
three candidates for each position of Deputy Prosecutor to be filled. Unless a
shorter term is decided upon at the time of their election, the Prosecutor and
the Deputy Prosecutors shall hold office for a term of nine years and shall not
be eligible for re-election.
5. Neither the Prosecutor nor a
Deputy Prosecutor shall engage in any activity which is likely to interfere
with his or her prosecutorial functions or to affect confidence in his or her
independence. They shall not engage in any other occupation of a professional
nature.
6. The Presidency may excuse
the Prosecutor or a Deputy Prosecutor, at his or her request, from acting in a
particular case.
7. Neither the Prosecutor nor a
Deputy Prosecutor shall participate in any matter in which their impartiality
might reasonably be doubted on any ground. They shall be disqualified from a
case in accordance with this paragraph if, inter alia, they have
previously been involved in any capacity in that case before the Court or in a
related criminal case at the national level involving the person being
investigated or prosecuted.
8. Any question as to the
disqualification of the Prosecutor or a Deputy Prosecutor shall be decided by
the Appeals Chamber.
(a) The person being investigated or prosecuted may at any time request the disqualification of the Prosecutor or a Deputy Prosecutor on the grounds set out in this article;
(b) The Prosecutor or the Deputy Prosecutor, as appropriate, shall be entitled to present his or her comments on the matter;
9. The
Prosecutor shall appoint advisers with legal expertise on specific issues,
including, but not limited to, sexual and gender violence and violence against
children.
The Registry
1. The Registry shall be
responsible for the non-judicial aspects of the administration and servicing of
the Court, without prejudice to the functions and powers of the Prosecutor in
accordance with article 42.
2. The Registry shall be headed
by the Registrar, who shall be the principal administrative officer of the
Court. The Registrar shall exercise his or her functions under the authority of
the President of the Court.
3. The Registrar and the Deputy
Registrar shall be persons of high moral character, be highly competent and
have an excellent knowledge of and be fluent in at least one of the working
languages of the Court.
4. The judges shall elect the
Registrar by an absolute majority by secret ballot, taking into account any
recommendation by the Assembly of States Parties. If the need
arises and upon the recommendation of the Registrar, the judges shall elect, in
the same manner, a Deputy Registrar.
5. The Registrar shall hold
office for a term of five years, shall be eligible for
re-election once and shall serve on a full-time basis. The Deputy Registrar
shall hold office for a term of five years or such shorter term as may be
decided upon by an absolute majority of the judges, and may be elected on the
basis that the Deputy Registrar shall be called upon to serve as required.
6. The Registrar shall set up a
Victims and Witnesses Unit within the Registry. This Unit shall provide, in
consultation with the Office of the Prosecutor, protective measures and
security arrangements, counselling and other
appropriate assistance for witnesses, victims who appear before the Court, and others who are at risk on account of testimony
given by such witnesses. The Unit shall include staff with expertise in trauma,
including trauma related to crimes of sexual violence.
Staff
1. The Prosecutor and the
Registrar shall appoint such qualified staff as may be required to their
respective offices. In the case of the Prosecutor, this shall include the
appointment of investigators.
2. In the employment of staff,
the Prosecutor and the Registrar shall ensure the highest standards of
efficiency, competency and integrity, and shall have regard, mutatis
mutandis, to the criteria set forth in article 36, paragraph 8.
3. The Registrar, with the
agreement of the Presidency and the Prosecutor, shall propose Staff Regulations
which include the terms and conditions upon which the staff of the Court shall
be appointed, remunerated and dismissed. The Staff Regulations shall be
approved by the Assembly of States Parties.
4. The Court may, in
exceptional circumstances, employ the expertise of gratis personnel offered by
States Parties, intergovernmental organizations or non-governmental
organizations to assist with the work of any of the organs of the Court. The
Prosecutor may accept any such offer on behalf of the Office of the Prosecutor.
Such gratis personnel shall be employed in accordance with guidelines to be
established by the Assembly of States Parties.
Solemn undertaking
Before
taking up their respective duties under this Statute, the judges, the
Prosecutor, the Deputy Prosecutors, the Registrar and the Deputy Registrar
shall each make a solemn undertaking in open court to exercise his or her
respective functions impartially and conscientiously.
Removal from office
1. A judge, the Prosecutor, a Deputy Prosecutor, the Registrar or the Deputy Registrar shall be removed from office if a decision to this effect is made in accordance with paragraph 2, in cases where that person:
(a) Is found to have committed serious misconduct or a serious breach of his or her duties under this Statute, as provided for in the Rules of Procedure and Evidence; or
(b) Is unable to exercise the functions required by this Statute.
2. A decision as to the removal from office of a judge, the Prosecutor or a Deputy Prosecutor under paragraph 1 shall be made by the Assembly of States Parties, by secret ballot:
( a) In the case of a judge, by a two-thirds majority of the States Parties upon a recommendation adopted by a two-thirds majority of the other judges;
(b) In the case of the Prosecutor, by an absolute majority of the States Parties;
(c) In the case of a Deputy Prosecutor, by an absolute majority of the States Parties upon the recommendation of the Prosecutor.
3. A
decision as to the removal from office of the Registrar or Deputy Registrar
shall be made by an absolute majority of the judges.
4. A judge, Prosecutor, Deputy
Prosecutor, Registrar or Deputy Registrar whose conduct or ability to exercise
the functions of the office as required by this Statute is challenged under
this article shall have full opportunity to present and receive evidence and to
make submissions in accordance with the Rules of Procedure and Evidence. The
person in question shall not otherwise participate in the consideration of the
matter.
Disciplinary measures
A judge,
Prosecutor, Deputy Prosecutor, Registrar or Deputy Registrar who has committed
misconduct of a less serious nature than that set out in article 46, paragraph
1, shall be subject to disciplinary measures, in accordance with the Rules of
Procedure and Evidence.
Privileges and immunities
1. The Court shall enjoy in the
territory of each State Party such privileges and immunities as are necessary
for the fulfilment of its purposes.
2. The judges, the Prosecutor,
the Deputy Prosecutors and the Registrar shall, when engaged on or with respect
to the business of the Court, enjoy the same privileges and immunities as are
accorded to heads of diplomatic missions and shall, after the expiry of their
terms of office, continue to be accorded immunity from legal process of every
kind in respect of words spoken or written and acts performed by them in their
official capacity.
3. The Deputy Registrar, the
staff of the Office of the Prosecutor and the staff of the Registry shall enjoy
the privileges and immunities and facilities necessary for the performance of
their functions, in accordance with the agreement on the privileges and
immunities of the Court.
4. Counsel, experts, witnesses
or any other person required to be present at the seat of the Court shall be
accorded such treatment as is necessary for the proper functioning of the
Court, in accordance with the agreement on the privileges and immunities of the
Court.
5. The privileges and
immunities of:
(a) A judge or the Prosecutor may be waived by an absolute majority of the judges;
(b) The Registrar may be waived by the Presidency;
(c) The Deputy Prosecutors and staff of the Office of the Prosecutor may be waived by the Prosecutor;
(d) The Deputy Registrar and staff of the Registry may be waived by the Registrar.
Salaries, allowances and expenses
The
judges, the Prosecutor, the Deputy Prosecutors, the Registrar and the Deputy
Registrar shall receive such salaries, allowances and expenses as may be
decided upon by the Assembly of States Parties. These salaries and allowances
shall not be reduced during their terms of office.
Official and working languages
1. The official languages of
the Court shall be Arabic, Chinese, English, French, Russian and Spanish. The judgements of the Court, as well as other decisions
resolving fundamental issues before the Court, shall be published in the
official languages. The Presidency shall, in accordance with the criteria
established by the Rules of Procedure and Evidence, determine which decisions
may be considered as resolving fundamental issues for the purposes of this
paragraph.
2. The working languages of the
Court shall be English and French. The Rules of Procedure and Evidence shall
determine the cases in which other official languages may be used as working
languages.
3. At the request of any party
to a proceeding or a State allowed to intervene in a proceeding, the Court
shall authorize a language other than English or French to be used by such a
party or State, provided that the Court considers such authorization to be
adequately justified.
Rules of Procedure and Evidence
1. The Rules of Procedure
and Evidence shall enter into force upon adoption by a two-thirds majority of
the members of the Assembly of States Parties.
2. Amendments to the Rules of
Procedure and Evidence may be proposed by:
(a) Any State Party;
(b) The judges acting by an absolute majority; or
(c) The Prosecutor.
Such amendments shall enter into force upon adoption by a two-thirds majority
of the members of the Assembly of States Parties.
3. After the adoption of the
Rules of Procedure and Evidence, in urgent cases where the Rules do not provide
for a specific situation before the Court, the judges may, by a two-thirds
majority, draw up provisional Rules to be applied until adopted, amended or
rejected at the next ordinary or special session of the Assembly of States
Parties.
4. The Rules of Procedure and
Evidence, amendments thereto and any provisional Rule shall be consistent with
this Statute. Amendments to the Rules of Procedure and Evidence as well as
provisional Rules shall not be applied retroactively to the detriment of the
person who is being investigated or prosecuted or who has been convicted.
5. In the event of conflict
between the Statute and the Rules of Procedure and Evidence, the Statute shall
prevail.
Regulations of the Court
1. The judges shall, in
accordance with this Statute and the Rules of Procedure and Evidence, adopt, by
an absolute majority, the Regulations of the Court necessary for its routine
functioning.
2. The Prosecutor and the
Registrar shall be consulted in the elaboration of the Regulations and any
amendments thereto.
3. The Regulations and any
amendments thereto shall take effect upon adoption unless otherwise decided by
the judges. Immediately upon adoption, they shall be circulated to States
Parties for comments. If within six months there are no objections from a
majority of States Parties, they shall remain in force.
PART 5. INVESTIGATION AND PROSECUTION