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
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.
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.
1. The
seat of the Court shall be established at The Hague in the Netherlands
("the host State").
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.
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.
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.
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.
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.
- (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.
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.
- (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.
- (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.
(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;
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.
3. The Elements of Crimes and amendments thereto shall be consistent with this Statute.
Nothing in this Part shall be interpreted as limiting or prejudicing in any way existing or developing rules of international law for purposes other than this Statute.
1. The Court has jurisdiction only with respect to crimes committed after the entry into force of this Statute.
2. If a State becomes a Party to this Statute after its entry into force, the Court may exercise its jurisdiction only with respect to crimes committed after the entry into force of this Statute for that State, unless that State has made a declaration under article 12, paragraph 3.
1. A State which becomes a Party to this Statute thereby accepts the jurisdiction of the Court with respect to the crimes referred to in 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.
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.
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.
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.
No investigation or prosecution may be commenced or proceeded with under this Statute for a period of 12 months after the Security Council, in a resolution adopted under Chapter VII of the Charter of the United Nations, has requested the Court to that effect; that request may be renewed by the Council under the same conditions.
1. Having regard to paragraph 10 of the Preamble and article 1, the Court shall determine that a case is inadmissible where:
- (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.
- (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.
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.
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.
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.
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.
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.
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.
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.
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.
A person convicted by the Court may be punished only in accordance with
this Statute.
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.
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;
(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.
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.
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.
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.
- (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.
The crimes within the jurisdiction of the Court shall not be subject to
any statute of limitations.
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.
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.
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.
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.
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.
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.
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.
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;
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.
(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).
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.
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.
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.
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.
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;
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.
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.
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;
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.
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.
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.
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.
- ( 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.
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.
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.
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.
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.
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.
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.
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.
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.
1. The Prosecutor shall, having evaluated the information made available to him or her, initiate an investigation unless he or she determines that there is no reasonable basis to proceed under this Statute. In deciding whether to initiate an investigation, the Prosecutor shall consider whether:
- (a) The information available
to the Prosecutor provides a reasonable basis to believe that a crime within
the jurisdiction of the Court has been or is being committed;
(b) The case is or would be admissible under article 17; and
(c) Taking into account the gravity of the crime and the interests of victims, there are nonetheless substantial reasons to believe that an investigation would not serve the interests of justice.
2. If, upon investigation, the Prosecutor concludes that there is not a sufficient basis for a prosecution because:
- (a) There is not a sufficient
legal or factual basis to seek a warrant or summons under article 58;
(b) The case is inadmissible under article 17; or
(c) A prosecution is not in the interests of justice, taking into account all the circumstances, including the gravity of the crime, the interests of victims and the age or infirmity of the alleged perpetrator, and his or her role in the alleged crime;
3. (a)
At the request of the State making a referral under article 14 or the Security
Council under article 13, paragraph (b), the Pre-Trial Chamber may review
a decision of the Prosecutor under paragraph 1 or 2 not to proceed and
may request the Prosecutor to reconsider that decision.
(b) In addition, the Pre-Trial Chamber may, on
its own initiative, review a decision of the Prosecutor not to proceed
if it is based solely on paragraph 1 (c) or 2 (c). In such a case, the
decision of the Prosecutor shall be effective only if confirmed by the
Pre-Trial Chamber.
4. The
Prosecutor may, at any time, reconsider a decision whether to initiate
an investigation or prosecution based on new facts or information.
1. The Prosecutor shall:
- (a) In order to establish the
truth, extend the investigation to cover all facts and evidence relevant
to an assessment of whether there is criminal responsibility under this
Statute, and, in doing so, investigate incriminating and exonerating circumstances
equally;
(b) Take appropriate measures to ensure the effective investigation and prosecution of crimes within the jurisdiction of the Court, and in doing so, respect the interests and personal circumstances of victims and witnesses, including age, gender as defined in article 7, paragraph 3, and health, and take into account the nature of the crime, in particular where it involves sexual violence, gender violence or violence against children; and
(c) Fully respect the rights of persons arising under this Statute.
- (a) In accordance with the provisions
of Part 9; or
(b) As authorized by the Pre-Trial Chamber under article 57, paragraph 3 (d).
- (a) Collect and examine evidence;
(b) Request the presence of and question persons being investigated, victims and witnesses;
(c) Seek the cooperation of any State or intergovernmental organization or arrangement in accordance with its respective competence and/or mandate;
(d) Enter into such arrangements or agreements, not inconsistent with this Statute, as may be necessary to facilitate the cooperation of a State, intergovernmental organization or person;
(e) Agree not to disclose, at any stage of the proceedings, documents or information that the Prosecutor obtains on the condition of confidentiality and solely for the purpose of generating new evidence, unless the provider of the information consents; and
(f) Take necessary measures, or request that necessary measures be taken, to ensure the confidentiality of information, the protection of any person or the preservation of evidence.
1. In respect of an investigation under this Statute, a person:
- (a) Shall not be compelled to
incriminate himself or herself or to confess guilt;
(b) Shall not be subjected to any form of coercion, duress or threat, to torture or to any other form of cruel, inhuman or degrading treatment or punishment;
(c) Shall, if questioned in a language other than a language the person fully understands and speaks, have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness; and
(d) Shall not be subjected to arbitrary arrest or detention, and shall not be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in this Statute.