suspending-natal
ROME STATUTE OF THE INTERNATIONAL CRIMINAL
COURT*
PREAMBLE
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
inc
onsistent
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
Article 1
The Court
An
International
Criminal
Court
(
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.
Article 2
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.
Article 3
Seat
of the Court
1.
The
seat
of
the
Court
shall
be
established
at
The
Hague
in
the
Netherlands
(
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.
Article 4
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
Article 5
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.
Article 6
Genocide
For
the
purpose
of
this
Statute,
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.
Article 7
Crimes
against humanity
1.
For
the
purpose
of
this
Statute,
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)
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)
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)
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)
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)
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)
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)
means
the
intentional
and
severe
deprivation
of
fundamental
rights
contrary to
international law by reason of the identity of the
group or collectivity;
(h)
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)
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
two sexes, male and female, within the
context of society. The term
not
indicate
any meaning different from the
above.
Article 8
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,
(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
c
onformity
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.
Article 9
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.
Article 10
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.
Article 11
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.
Article 12
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.
Article 13
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.
Article 14
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 reque
sting 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.
Article 15
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.
Article 16
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.
Article 17
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.
Article 18
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.
Article 19
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.
Article 20
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.
Article 21
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 distinctio
n 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
Article 22
Nullum crimen
sine lege
法无明文规定不为罪
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.
Article 23
Nulla
poena sine lege
法无明文规定不受罚
A
person
convicted
by
the
Court
may
be
punished
only
in
accordance
with
this
Statute.
Article 24
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.
Article 25
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.
Article 26
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.
Article 27
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.
Article 28
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
descri
bed 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.
Article 29
Non-applicability of statute of
limitations
The crimes within the
jurisdiction of the Court shall not be
subject to any statute
of
limitations.
Article 30
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,
exists or a consequence will
occur in the ordinary course of events.
be construed accordingly.
Article 31
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.
Article 32
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.
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
Article 34
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.
Article 35
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.
Article 36
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 candi
dates:
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.
Article 37
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.
Article 38
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.
Article 39
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.
Article 40
Independence of the judges
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.
Article 41
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.
Article 42
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.
Article 43
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.
Article 44
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.
Article 45
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.
Article 46
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.
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