25 MAI 2000. - An Act to grant the Rome Statute of the International Criminal Court, done in Rome on 17 July 1998. - Corrigendum (1)

The Rome Statute of the International Criminal Court in Rome on 17 July 1998 was published in the Belgian Monitor of 1^er December 2000, annexed to the Act of 25 May 2000 enacting (p. 40368-40420).
This Statute, adopted on 17 July 1998 by the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court, was the subject of successive corrections in the French-language version on 10 November 1998, 12 July 1999, 30 November 1999, 8 May 2000 and 17 January 2001, which were communicated by the depositary.
The new version of the Statute, which is published below, contains all the corrections that have been made to date to the text of the Statute.

STATUS OF ROME OF INTERNATIONAL COURT
PREAMBULE
States Parties to the present Statute,
Aware that all peoples are united by close ties and that their cultures form a common heritage, and concerned that this delicate mosaic can be broken at any time,
Bearing in mind that in the course of this century millions of children, women and men have been victims of atrocities that challenge imagination and deeply confront human consciousness,
Recognizing that such serious crimes threaten the peace, security and well-being of the world,
Affirming that the most serious crimes affecting the entire international community cannot remain unpunished and that their repression must be effectively ensured by national measures and by strengthening international cooperation,
Determined to put an end to the impunity of the perpetrators of these crimes and thus contribute to the prevention of new crimes,
Recalling that it is the duty of each State to submit to its criminal jurisdiction those responsible for international crimes,
Reaffirming the purposes and principles of the Charter of the United Nations and, in particular, that all States must refrain from resorting to the threat or use of force, either against the territorial integrity or political independence of any State, or in any other manner incompatible with the purposes of the United Nations,
Stressing in this regard that nothing in this Statute may be construed as authorizing a State Party to intervene in an armed conflict or in the internal affairs of another State,
Determined, for these purposes and in the interest of present and future generations, to establish a permanent and independent international criminal court related to the United Nations system, with jurisdiction over the most serious crimes affecting the entire international community,
Emphasizing that the International Criminal Court of which the present Statute establishes is complementary to national criminal courts,
Determined to ensure lasting respect for international justice and its implementation,
The following agreed:
CHAPTER PREMIER. - INSTITUTION OF THE COURT
Article 1
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An international criminal court ("the Court") shall be established as a permanent institution, which may exercise jurisdiction over persons for the most serious crimes of international concern within the meaning of this Statute. It is complementary to national criminal courts. Its competence and functioning are governed by the provisions of this Statute.
Article 2
LIEN DE LA COUR WITH LES NATIONS UNIES
The Court shall be bound by an agreement to be approved by the Assembly of States Parties to this Statute and then concluded by the President of the Court on behalf of the Assembly.
Article 3
SIEGE DE LA COUR
1. The Court has its seat in The Hague, the Netherlands ("the host State").
2. The Court and the host State agree on a headquarters agreement to be approved by the Assembly of States Parties and then concluded by the President of the Court on behalf of the Court.
3. If it deems it desirable, the Court may sit elsewhere in accordance with the provisions of this Statute.
Article 4
REGIME AND LEGAL POINTS OF THE COURT
1. The Court has the international legal personality. It also has the legal capacity it needs to perform its functions and carry out its mission.
2. The Court may exercise its functions and powers, as provided for in this Statute, in the territory of any State Party and, by a convention to that effect, in the territory of any other State.
CHAPTER II. - COMPETENCE, RECEVABILITY AND APPLICABLE LAW
Article 5
CRIMES RELEVANT DE LA COMPETENCE DE LA COUR
1. The jurisdiction of the Court is limited to the most serious crimes affecting the entire international community. Under this Statute, the Court has jurisdiction over the following crimes:
(a) The crime of genocide;
(b) Crimes against humanity;
(c) War crimes;
(d) The crime of assault.
2. The Court shall exercise its jurisdiction over the crime of aggression when a provision has been adopted in accordance with articles 121 and 123, which shall define the crime and establish the conditions for the exercise of the jurisdiction of the Court in respect of it. This provision should be consistent with the relevant provisions of the Charter of the United Nations.
Article 6
CRIME DE GENOCIDE
For the purposes of this Statute, any of the following acts committed with a view to destroying, in whole or in part, a national, ethnic, racial or religious group, as follows:
(a) Murder of members of the group;
(b) A serious breach of the physical or mental integrity of members of the group;
(c) intentional submission of the group to conditions of existence to result in total or partial physical destruction;
(d) Measures to prevent births within the group;
(e) Forced transfer of children from the group to another group.
Article 7
CRIMES CONTRE L'HUMANITE
1. For the purposes of this Statute, a crime against humanity is defined as one of the following acts when committed in the context of a widespread or systematic attack against any civilian population and in the knowledge of this attack:
(a) Murder;
(b) Extermination;
(c) Slavery reduction;
(d) Deportation or forced transfer of population;
(e) Imprisonment or other form of serious deprivation of physical liberty in violation of the fundamental provisions of international law;
(f) Torture;
(g) Violation, sexual slavery, forced prostitution, forced pregnancy, forced sterilization or any other form of sexual violence of comparable gravity;
(h) Persecution of any identifiable group or community on political, racial, national, ethnic, cultural, religious or gender grounds within the meaning of paragraph 3, or on the basis of other criteria universally recognized as inadmissible under international law, in conjunction with any act referred to in this paragraph or any crime within the jurisdiction of the Court;
(i) Forced disappearances of persons;
(j) Apartheid crime;
(k) Other inhuman acts of a similar character intentionally causing great suffering or serious harm to physical integrity or physical or mental health.
2. For the purposes of paragraph 1:
(a) "An attack against a civilian population" means the behaviour that consists of the multiple commission of acts referred to in paragraph 1 against any civilian population, in accordance with or in the pursuit of the policy of a State or organization intended for such an attack;
(b) "extermination" means, in particular, the intentional imposition of living conditions, such as deprivation of access to food and medicine, calculated to result in the destruction of part of the population;
(c) "reduction into slavery" means exercising on a person any or all of the powers related to property rights, including in the context of human trafficking, especially women and children;
(d) "Forcible deportation or transfer of population" means the movement of persons by force, by expelling them or by other coercive means of the region where they are legally located, without grounds permitted under international law;
(e) "torture" means intentionally inflicting acute, physical or mental pain or suffering to a person in his or her custody or control; the acceptance of this term does not extend to pain or suffering resulting only from legal sanctions, inherent in or caused by these sanctions;
(f) "Forcible mass" means the illegal detention of a woman who is forced into custody, with the intention of altering the ethnic composition of a population or committing other serious violations of international law. This definition cannot in any way be interpreted as having an impact on national pregnancy laws;
(g) "Persecution" means the intentional and serious denial of fundamental rights in violation of international law for reasons related to the identity of the group or community that is the subject of it;
(h) "Apartheid crime" means inhuman acts similar to those referred to in paragraph 1^ercommitted within the framework of an institutionalized regime of systematic oppression and domination of a racial group over any other racial group or other racial groups and in the intention of maintaining that regime;
(i) "Forcible disappearances of persons" means cases where persons are arrested, detained or abducted by a State or political organization or with the authorization, support or consent of that State or organization, which then refuses to admit that these persons are deprived of liberty or to reveal the fate or whereabouts of them, in the intention of subtracting them from the protection of the extended law.
3. For the purposes of this Statute, the term "sex" means both male and female, depending on the context of society. He doesn't mean anything else.
Article 8
GUERRE CRIMES
1. The Court has jurisdiction over war crimes, particularly where these crimes fall within the framework of a plan or policy or when they are part of a series of similar crimes committed on a large scale.
2. For the purposes of the Statute, "war crimes" means:
(a) The grave breaches of the Geneva Conventions of 12 August 1949, that is, any of the following acts in respect of persons or property protected by the provisions of the Geneva Conventions:
(i) intentional homicide;
(ii) Torture or inhuman treatment, including biological experiences;
(iii) intentionally causing great suffering or seriously impairing physical integrity or health;
(iv) The destruction and appropriation of property, not justified by military necessity and carried out on a large scale unlawfully and arbitrarily;
(v) Force a prisoner of war or a protected person to serve in the forces of an enemy power;
(vi) intentionally depriving a prisoner of war or any other person protected from his or her right to be tried regularly and impartially;
(vii) Illegal deportation or transfer or unlawful detention;
(viii) Taking hostages;
(b) Other serious violations of the laws and customs applicable to international armed conflicts within the established framework of international law, namely, any of the following acts:
(i) intentionally directing attacks on the civilian population as such or against civilians not directly involved in hostilities;
(ii) intentionally directing attacks on civilian objects, i.e. assets that are not military objectives;
(iii) intentionally directing attacks on personnel, facilities, equipment, units or vehicles used in a humanitarian or peacekeeping mission in accordance with the Charter of the United Nations, provided that they are entitled to the protection that international law of armed conflict guarantees civilians and civilian objects;
(iv) intentionally launching an attack knowing that it will cause incidental loss of life in the civilian population, injury to civilians, damage to civilian objects or extensive, lasting and serious damage to the natural environment that would be manifestly excessive in relation to the overall concrete and direct military advantage expected;
(v) Attacking or bombing, by any means, cities, villages, dwellings or buildings that are not defended and are not military objectives;
(vi) Killing or injuring a fighter who, having deposited the weapons or having no means to defend himself, made himself at discretion;
(vii) The unduly use of the parliamentary flag, the military flag or insignia and the uniform of the enemy or the United Nations, as well as the distinctive signs provided by the Geneva Conventions, and, in doing so, cause loss of life or serious injury;
(viii) The transfer, direct or indirect, by an occupying power of a part of its civilian population, to the territory it occupies, or the deportation or transfer within or outside the occupied territory of all or part of the population of that territory;
(ix) intentionally directing attacks on buildings dedicated to religion, teaching, art, science or charity, historical monuments, hospitals and places where sick or injured are gathered, provided they are not military objectives;
(x) The submission of persons of an adverse party who have fallen in his or her power to mutilation or medical or scientific experiments regardless of who are neither motivated by medical, dental or hospital treatment, nor carried out in the interests of such persons, and who cause the death of such persons or seriously endanger their health;
(xi) Killing or injuring individuals belonging to the enemy nation or army by treachery;
(xii) Declaring that it will not be made of a neighbourhood;
(xiii) destroying or seizing the property of the enemy, except in cases where such destruction or seizures would be imperatively commanded by the necessity of war;
(xiv) declaring the rights and actions of the nationals of the opposing party extinguished, suspended or not admissible in court;
(xv) The fact for a belligerent to compel the nationals of the opposing party to take part in the war operations directed against their country, even if they were at the service of that belligerent before the war began;
(xvi) The looting of a city or locality, even assault;
xvii) The use of poison or poisonous weapons;
xviii) Use asphyxiating, toxic or similar gases, as well as any similar liquids, materials or processes;
(xix) The use of bullets that spread or fade easily into the human body, such as balls whose hard envelope does not cover the entire centre or is pierced with inlets;
(xx) The use of weapons, projectiles, materials and methods of war, such as to cause unnecessary ills or suffering or to strike without discrimination in violation of international law of armed conflict, provided that such weapons, projectiles, materials and methods of war are subject to a general prohibition and that they are included in an annex to this Statute by means of an amendment adopted in accordance with the provisions of Articles 121 and 123;
(xxi) Violations of human dignity, including humiliating and degrading treatment;
xxii) Rape, sexual slavery, forced prostitution, forced pregnancy, as defined in article 7, paragraph 2, subparagraph (f), forced sterilization or any other form of sexual violence that constitutes a grave breach of the Geneva Conventions;
xxiii) The use of the presence of a civilian or other protected person to prevent certain military points, zones or forces from being the target of military operations;
xxiv) intentionally directing attacks on sanitary buildings, equipment, units and means of transport, and personnel using, in accordance with international law, the distinctive signs provided for in the Geneva Conventions;
xxv) deliberately starving civilians as a method of war, depriving them of property essential to their survival, including intentionally preventing the dispatch of relief under the Geneva Conventions;
xxvi) conscription or enlistment of children under the age of 15 in the national armed forces or actively participating in hostilities;
(c) In the event of an armed conflict not of an international character, the serious violations of article 3 common to the four Geneva Conventions of 12 August 1949, namely one of the following acts committed against persons who do not participate directly in hostilities, including members of the armed forces who have deposited arms and persons who have been put out of combat by illness, injury, detention or by any other cause:
(i) Violations of life and bodily integrity, including murder in all its forms, mutilation, cruel treatment and torture;
(ii) Violations of human dignity, including humiliating and degrading treatment;
(iii) hostage catches;
(iv) Convictions and executions carried out without a pretrial judgment, rendered by a regularly constituted court, with judicial guarantees generally recognized as indispensable;
(d) Paragraph 2 (c) applies to non-international armed conflicts and therefore does not apply to situations of internal disturbances and tensions such as riots, isolated and sporadic acts of violence or similar acts;
(e) Other serious violations of laws and customs applicable to armed conflicts not of an international character, within the established framework of international law, namely, any of the following acts:
(i) intentionally directing attacks on the civilian population as such or against civilians who are not directly involved in hostilities;
(ii) intentionally directing attacks on sanitary buildings, equipment, units and means of transport, and personnel using, in accordance with international law, the distinctive signs of the Geneva Conventions;
(iii) intentionally directing attacks on personnel, facilities, equipment, units or vehicles used in a humanitarian or peacekeeping mission in accordance with the Charter of the United Nations, provided that they are entitled to the protection that international law of armed conflict guarantees civilians and civilian objects;
(iv) intentionally directing attacks against buildings dedicated to religion, teaching, art, science or charity, historical monuments, hospitals and places where sick and wounded are gathered, provided that these buildings are not military objectives;
(v) The looting of a city or locality, even assault;
(vi) Rape, sexual slavery, forced prostitution, forced pregnancy, as defined in article 7, paragraph 2, subparagraph (f), forced sterilization, or any other form of sexual violence that constitutes a serious violation of article 3 common to the four Geneva Conventions;
(vii) conscription or enlistment of children under the age of 15 in the armed forces or armed groups or actively participating in hostilities;
(viii) ordering the displacement of the civilian population for conflict-related reasons, except where the security of civilians or military imperatives require it;
(ix) Killing or injuring a combatant opponent by treachery;
(x) Declaring that it will not be made of a neighbourhood;
(xi) The submission of persons from another party to the conflict in his or her power to mutilation or medical or scientific experiments whatever they are not motivated by medical, dental or hospital treatment, or performed in the interests of such persons, and that cause the death of such persons or seriously endanger their health;
(xii) destroying or seizing the property of an opponent, unless such destruction or seizures are imperatively controlled by the necessities of the conflict;
(f) Paragraph 2 (e) applies to non-international armed conflicts and therefore does not apply to situations of internal disturbances and tensions such as riots, isolated and sporadic acts of violence or similar acts. It applies to armed conflicts that protractedly oppose in the territory of a State the authorities of the government of that State and organized armed groups or armed groups organized between them.
3. Nothing in paragraph 2, subparagraphs (c) and (e), affects the responsibility of a government to maintain or restore public 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. The elements of the crimes assist the Court in interpreting and implementing articles 6, 7 and 8. They must be adopted by a two-thirds majority of the members of the Assembly of States Parties.
2. Amendments to the elements of the crimes may be proposed by:
(a) Any State Party;
(b) Judges, by an absolute majority;
(c) The Prosecutor.
Amendments shall be adopted by a two-thirds majority of the members of the Assembly of States Parties.
3. The elements of the crimes and the amendments thereto are in conformity with this Statute.
Article 10
Nothing in this chapter shall be construed as limiting or affecting in any way the existing or training rules of international law that apply to other purposes than this Statute.
Article 11
COMPETENCE TEMPORIS
1. The Court has jurisdiction only in respect of crimes within its jurisdiction 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 in respect of the crimes committed after the entry into force of the Statute for that State, unless the said State makes the declaration provided for in Article 12, paragraph 3.
Article 12
CONDITIONS PREALABLE TO THE EXERCISE OF THE COMPETENCE
1. A State that becomes a Party to the Statute thus accepts the jurisdiction of the Court in respect of the crimes referred to in Article 5.
2. In the cases referred to in article 13, paragraphs (a) or (c), the Court may exercise jurisdiction if either of the following States or both are Parties to this Statute or have accepted the jurisdiction of the Court in accordance with paragraph 3:
(a) The State in whose territory the conduct in question took place or, if the crime was committed on board a ship or aircraft, the flag State or the State of registration;
(b) The state whose person charged with the crime is a national.
3. If acceptance of the jurisdiction of the Court by a State that is not a Party to this Statute is necessary for the purposes of paragraph 2, that State may, by declaration filed with the Registrar, consent to the Court exercising its jurisdiction over the crime of which it is concerned. The State having accepted the jurisdiction of the Court cooperates with the Court without delay and without exception in accordance with Chapter IX.
Article 13
EXERCISE OF COMPETENCE
The Court may exercise jurisdiction over a crime referred to in Article 5, in accordance with the provisions of this Statute:
(a) If a situation in which one or more of these crimes appear to have been committed is referred to the Prosecutor by a State Party, as provided for in article 14;
(b) If a situation in which one or more of these crimes appear 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) If the Prosecutor has initiated an investigation into the crime under section 15.
Article 14
RENVOI OF A SITUATION BY A PART
1. Any State Party may refer to the Prosecutor a situation in which one or more of the crimes within the jurisdiction of the Court appear to have been committed, and may request the Prosecutor to investigate this situation with a view to determining whether one or more identified persons should be charged with such crimes.
2. The State that makes the referral shall specify as far as possible the relevant circumstances of the case and shall produce the supporting documents available to it.
Article 15
THE PROCEDURES
1. The Prosecutor may initiate an investigation on his own initiative in the light of information concerning crimes within the jurisdiction of the Court.
2. The Prosecutor verifies the seriousness of the information received. For this purpose, it may seek additional information from States, organs of the United Nations, intergovernmental and non-governmental organizations, or other reliable sources that it considers appropriate, and may collect written or oral statements at the seat of the Court.
3. If the Prosecutor concludes that there is a reasonable basis for an investigation, the Prosecutor shall submit to the Pre-Trial Chamber a request for leave to that effect, together with any evidence 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 considers, after examining the application and supporting evidence, that there is a reasonable basis for an investigation and that the case appears to be within the jurisdiction of the Court, it gives its authorization, without prejudice to any subsequent decisions that the Court will take on jurisdiction and admissibility.
5. A negative response from the Pre-Trial Chamber does not prevent the Prosecutor from subsequently submitting a new application based on new facts or evidence relating to the same situation.
6. If, after the preliminary examination referred to in paragraphs 1^er and 2, the Prosecutor concludes that the information submitted to him is not a reasonable basis for the initiation of an investigation, and advises those who provided it. It is not, however, prohibited to examine, in the light of new facts or evidence, any other information that may be disclosed to it regarding the same case.
Article 16
SURSIS A ENQUETER OR A POURSUIV
No investigation or prosecution may be initiated or carried out under this Statute for the twelve months following the date on which the Security Council has applied to the Court in a resolution adopted under Chapter VII of the Charter of the United Nations; the application may be renewed by the Commission under the same conditions.
Article 17
RECEVABILITY QUESTIONS
1. With regard to the tenth preambular paragraph and article 1, a case is deemed inadmissible by the Court when:
(a) The case is investigated or prosecuted on the part of a State with jurisdiction in the case, unless that State does not have the will or is unable to conduct the investigation or prosecution effectively;
(b) The case was investigated by a State with jurisdiction in the case and that the State has decided not to prosecute the person concerned, unless that decision is the effect of the State's lack of will or inability to effectively prosecute;
(c) The person concerned has already been tried for the conduct of the complaint and cannot be tried by the Court under section 20, paragraph 3;
(d) The case is not serious enough for the Court to follow up on it.
2. In order to determine whether there is a lack of State will in a case of a case, the Court considers the existence, in view of the guarantees of a fair trial recognized by international law, of one or more of the following circumstances:
(a) The procedure has been or is initiated or the decision of the State has been taken with the intention of subtracting the person concerned from his criminal responsibility for crimes within the jurisdiction of the Court referred to in Article 5;
(b) The procedure has suffered an unjustified delay which, in the circumstances, is incompatible with the intention of bringing the person concerned to justice;
(c) The procedure has not been or is not conducted in an independent or impartial manner but in a manner that, in the circumstances, is incompatible with the intention of bringing the person concerned to justice.
3. In order to determine whether there is a State incapacity in a case of a case, the Court considers whether the State is unable, because of the collapse of the whole or a substantial part of its own judicial apparatus or the unavailability of it, to refer to the accused, to gather the necessary evidence and testimonies or to otherwise carry out the proceedings.
Article 18
PRELIMINARY DECISION ON THE RECEVABILITY
1. When a situation has been referred to the Court as provided for in article 13, paragraph (a), and the Prosecutor has determined that there would be a reasonable basis for an investigation, or where the Prosecutor has initiated an investigation under articles 13, paragraph (c) , and 15, the Prosecutor shall notify all States Parties and States that, according to the available information, would normally have jurisdiction over the crimes of which it is concerned. It may do so in confidence and, when it considers it necessary to protect persons, prevent the destruction of evidence or prevent the leaking of persons, it may restrict the extent of information it discloses to States.
2. In the month following the receipt of this notification, a State may inform the Court that it opens or has initiated an investigation into its nationals or other persons under its jurisdiction for criminal acts that may constitute the crimes referred to in Article 5 and that have a relationship with the information notified to States. If requested by the State, the Prosecutor shall refer the investigation of these persons to him, unless the Pre-Trial Chamber authorizes him, upon his request, to investigate himself.
3. This stay of investigation may be re-examined by the Prosecutor six months after it has been decided, or at any time a noticeable change in circumstances arising from the lack of will or inability of the State to effectively carry out the investigation.
4. The State concerned or the Prosecutor may appeal to the Appeals Chamber of the Pre-Trial Chamber, as provided for in Article 82. This appeal may be considered on an expedited basis.
5. In the event of an investigation as provided for in paragraph 2, the Prosecutor may request the State concerned to report regularly to the Prosecutor on the progress of its investigation and, where appropriate, on the subsequent prosecution. States Parties shall respond to such requests without undue delay.
6. Pending the decision of the Pre-Trial Chamber, or at any time after deciding to stay under its investigation as provided in this article, the Prosecutor may, on an exceptional basis, request the Pre-Trial Chamber to take the necessary investigative measures to preserve evidence in the event that the opportunity to collect important evidence will not be represented or if there is a significant risk that such evidence will no longer be available.
7. The State that has challenged a decision of the Pre-Trial Chamber under this article may challenge the admissibility of a case under Article 19 by invoking new facts or a change of notable circumstances.
Article 19
CONTESTATION OF THE COMPETENCE OF THE
OR THE RECEVABILITY OF AFFAIR
1. The Court ensures that it is competent to hear any matter brought before it. It may, on its own motion, decide on the admissibility of the case in accordance with Article 17.
2. Can contest the admissibility of the case on the grounds set out in article 17 or challenge the jurisdiction of the Court:
(a) The accused or the person against whom an arrest warrant or summons has been issued under section 58;
(b) The State which is competent in respect of the crime in question because it conducts or has conducted an investigation, or has carried out or prosecuted in this case; or
(c) The State which must have accepted the jurisdiction of the Court under Article 12.
3. The Prosecutor may request the Court to decide on a matter of jurisdiction or admissibility. In proceedings relating to jurisdiction or admissibility, those who have referred a situation under article 13, as well as the victims, may also submit comments to the Court.
4. The admissibility of a case or the jurisdiction of the Court may only be challenged once by the persons or States referred to in paragraph 2. The exception must be raised before the commencement or opening of the trial. In exceptional circumstances, the Court may authorize an exception to be raised more than once or at a later stage of the trial. Exceptions of inadmissibility raised at the commencement of the trial, or subsequently with the authorization of the Court, may only be based on the provisions of article 17, paragraph 1^er(c)
5. The States referred to in paragraph 2, subparagraphs (b) and (c), raise their exceptions as soon as possible.
6. Prior to the confirmation of charges, the exceptions to inadmissibility or incompetence are referred to the Pre-Trial Chamber. Upon confirmation of the charges, they are referred to the Trial Chamber. Decisions relating to jurisdiction or admissibility before the Appeals Chamber may be appealed in accordance with Article 82.
7. If the exception is raised by the State referred to in paragraph 2, subparagraphs (b) or (c), the Prosecutor shall investigate until the Court has made the decision provided for in article 17.
8. Pending its decision, the Prosecutor may apply to the Court for authorization:
(a) Take the investigative measures referred to in Article 18, paragraph 6;
(b) collect the testimony or testimony of a witness or conduct the gathering and examination of the evidence commenced before the exception has been raised;
(c) To prevent, in cooperation with the States concerned, the escape of persons against whom the Prosecutor has already requested an arrest warrant in accordance with article 58.
9. An exception does not detract from the validity of any action by the Prosecutor or any order made or warrant issued by the Court before the exception has been raised.
10. When the Court found a case inadmissible under Article 17, the Prosecutor may ask the Prosecutor to reconsider its decision if it is certain that new facts are invalid for reasons why the case was found inadmissible under Article 17.
11. If, in the light of the questions referred to in Article 17, the Prosecutor is to be investigated, the Prosecutor may request the State concerned to provide information on the proceedings of the proceedings. This information is kept confidential if requested by the State. If the Prosecutor subsequently decides to initiate an investigation, he shall notify the State of its decision which was the cause of the stay.
Rule 20
NE BIS IN IDEM
1. Unless otherwise provided in this Statute, no person may be tried by the Court for acts constituting crimes for which he has already been convicted or acquitted by the Court.
2. No one may be tried by another court for a crime referred to in Article 5 for which he has already been convicted or acquitted by the Court.
3. Any person who has been tried by another court for conduct that is also subject to articles 6, 7 or 8 may only be tried by the Court if the proceedings before the other court:
(a) Was intended to exempt the person concerned from criminal responsibility for crimes within the jurisdiction of the Court; or
(b) Has not been conducted independently or impartially, in accordance with the guarantees of a fair trial under international law, but in a manner that, in the circumstances, was incompatible with the intention of bringing the person concerned to justice.
Article 21
APPLICABLE LAW
1. The Court shall apply:
(a) First, this Statute, the elements of the crimes and the Rules of Procedure and Evidence;
(b) Secondly, as appropriate, applicable treaties and principles and rules of international law, including established principles of international law of armed conflict;
(c) Otherwise, the general principles of the law established by the Court from national laws representing the different legal systems of the world, including, as appropriate, the national laws of the States under whose jurisdiction would normally fall the crime, if these principles are not incompatible with this Statute or with international law and recognized international norms and standards.
2. The Court may apply the principles and rules of law as interpreted in its previous decisions.
3. The application and interpretation of the law provided for in this article must be consistent with internationally recognized human rights and free from any discrimination based on such considerations as belonging to one or the other sex as defined in Article 7, paragraph 3, age, race, colour, language, religion or belief, political or other opinion, national, ethnic or social origin, property other
CHAPTER III. - GENERAL PRINCIPLES OF PENAL LAW
Article 22
NULLUM CRIMEN SINE LEGE
1. A person is criminally liable under this Statute only if his or her conduct constitutes, at the time of his or her occurrence, a crime within the jurisdiction of the Court.
2. The definition of a crime is of strict interpretation and cannot be extended by analogy. In case of ambiguity, it is interpreted in favour of the person who is the subject of an investigation, prosecution or conviction.
3. This article does not prevent conduct to be classified as a crime under international law, regardless of this Statute.
Article 23
NULLA POENA SINE LEGE
A person convicted by the Court may be punished only in accordance with the provisions of this Statute.
Article 24
NON-RETROACTIVITY PERSONA
1. No person shall be criminally liable, under this Statute, for any conduct prior to the entry into force of the Statute.
2. If the law applicable to a case is amended before the final judgment, it is the most favorable right to the person under investigation, prosecution or conviction that applies.
Rule 25
INDIVIDUAL PENAL RESPONSIBILITY
1. The Court shall have jurisdiction over natural persons under this Statute.
2. Any person committing a crime within the jurisdiction of the Court shall be individually liable and may be punished in accordance with this Statute.
3. Under this Statute, a person is criminally responsible and may be punished for a crime within the jurisdiction of the Court if:
(a) It commits such a crime, whether individually, in conjunction with another person or through another person, whether or not that person is criminally responsible;
(b) It orders, solicits or encourages the commission of such a crime, provided that there is a commission or attempted commission of that crime;
(c) In order to facilitate the commission of such a crime, it provides its assistance, assistance or any other form of assistance to the commission or attempted commission of such a crime, including by providing the means of that commission;
(d) It contributes in any other way to the commission or attempted commission of such a crime by a group of people acting together. This contribution must be intentional and, as appropriate:
(i) To facilitate the criminal activity or purpose of the group, if such activity or purpose involves the execution of a crime within the jurisdiction of the Court; or
(ii) Be made fully aware of the group's intention to commit this crime;
(e) With regard to the crime of genocide, it directly and publicly incites others to commit it;
(f) It tries to commit such a crime by acts which, by their substantial character, constitute a beginning of execution but without the crime being carried out because of circumstances beyond its will. However, the person who abandons the effort to commit or otherwise prevents the completion of the crime cannot be punished under this Statute for his or her attempt if it has completely and voluntarily renounced the criminal purpose.
4. Nothing in this Statute relating to the criminal liability of individuals affects the responsibility of States in international law.
Rule 26
INCOMPETENCE AGAINST PERSONS
18 YEARS
The Court has no jurisdiction over a person who was under the age of 18 at the time of the alleged commission of a crime.
Rule 27
OFFICIAL QUALITY
1. This Statute applies equally to all without any distinction based on official quality. In particular, the official status of Head of State or Government, a member of a government or a parliament, an elected representative or agent of a State, does not in any case exempt from criminal responsibility under this Statute, nor does it constitute a ground for reducing the sentence as such.
2. Immunities or special rules of procedure that may relate to the official quality of a person under domestic law or international law do not prevent the Court from exercising its jurisdiction over that person.
Rule 28
MILITARY CHEFS RESPONSIBILITY
AND OTHER HIERARCHIC SUPERERS
In addition to other grounds of criminal responsibility under this Statute for crimes within the jurisdiction of the Court:
(a) A military chief or a person acting as a military chief is criminally responsible for the crimes within the jurisdiction of the Court committed by forces under his or her effective command and control, or under his or her effective authority and control, as the case may be, when he or she has not exercised the appropriate control over such forces in cases where:
(i) That military chief or person knew, or, due to the circumstances, should have known, that those forces were complacent or going to commit such crimes; and
(ii) The military chief or the person did not take all necessary and reasonable measures that were in his or her power to prevent or punish the execution or to refer to the competent authorities for investigation and prosecution;
(b) With regard to the relationship between hierarchical superiors and subordinates not described in paragraph (a), the supervisor is criminally responsible for the crimes within the jurisdiction of the Court committed by subordinates under his or her effective control, where he or she has not exercised the appropriate control over such subordinates in cases where:
(i) The hierarchical superior knew that these subordinates would or would commit these crimes or deliberately neglected to take into account information that clearly indicated it;
(ii) These crimes were linked to activities under its responsibility and effective control; and
(iii) The supervisor did not take all necessary and reasonable steps that were in his power to prevent or punish the execution of the execution or to refer it to the competent authorities for investigation and prosecution.
Rule 29
IMPRESCRIPTIBILITY
Crimes within the jurisdiction of the Court do not prescribe.
Rule 30
ELEMENT PSYCHOLOGICAL
1. Unless otherwise provided, no person is criminally responsible and may not be punished for a crime within the jurisdiction of the Court unless the material element of the crime is committed with intent and knowledge.
2. There is an intention within the meaning of this article when:
(a) In relation to behaviour, a person intends to adopt such behaviour;
(b) In relation to a consequence, a person intends to cause this consequence or is aware that it will occur in the normal course of events.
3. There is knowledge, within the meaning of this section, where a person is aware that a circumstance exists or that a consequence will occur in the normal course of events. "Knowing" and "knowledge" are interpreted accordingly.
Rule 31
EXONERATION MOTIFS
PENALE RESPONSIBILITY
1. In addition to the other grounds for exemption from criminal liability provided for in this Statute, a person is not criminally liable if, at the time of the conduct in question:
(a) She suffered from a mental illness or disability that deprived her of the ability to understand the criminality or nature of her behaviour, or to control her to comply with the requirements of the law;
(b) She was in a state of intoxication that deprived her of the ability to understand the criminality or nature of her behaviour, or to control her in order to comply with the requirements of the law, unless she voluntarily became intoxicated in circumstances such as she knew that, because of her intoxication, she was at risk of adopting a behaviour that constituted a crime within the jurisdiction of the Court, or that
(c) It acted reasonably to defend itself, to defend others or, in the case of war crimes, to defend property essential to its survival or that of others or essential to the accomplishment of a military mission, against an imminent and unlawful use of force, in a manner proportionate to the extent of the danger that it ran or that the other person or property protected. The fact that a person has participated in a defensive operation conducted by the armed forces does not in itself constitute a ground for exoneration of criminal liability under this paragraph;
(d) The conduct alleged to be a crime within the jurisdiction of the Court has been adopted under duress resulting from a threat of imminent death or a serious, ongoing or imminent breach of its own physical integrity or that of others, and if it has acted by necessity and in a reasonable manner to eliminate that threat, provided that it has not intended to cause greater harm than that it seeks to avoid. This threat may be:
(i) be exercised by other persons;
(ii) Be constituted by other circumstances independent of his will.
2. The Court shall decide whether the grounds for exemption from criminal liability provided for in this Statute are applicable to the case before it.
3. During the trial, the Court may consider a reason for exemption other than those provided for in paragraph 1^erif this reason arises from the applicable law set out in section 21. The procedure for examining this reason of exemption is set out in the Rules of Procedure and Evidence.
Rule 32
DRAFT OR LAW
1. A de facto error is a reason for exoneration of criminal responsibility only if it eliminates the psychological element of the crime.
2. An error of law on the question of whether a particular conduct constitutes a crime within the jurisdiction of the Court is not a ground for exemption from criminal responsibility. However, an error in law may be a ground for the exemption of criminal liability if it eliminates the psychological element of the crime or if it falls under section 33.
Rule 33
HARCHICAL AND AGENDA FOR THE
1. The fact that a crime within the jurisdiction of the Court has been committed in the order of a government or superior, military or civil, does not exempt the person who committed it from criminal responsibility unless:
(a) The person had no legal obligation to obey the orders of the government or the superior in question;
(b) That person did not know that the order was illegal; and
(c) The order was not clearly illegal.
2. For the purposes of this article, the order to commit genocide or a crime against humanity is clearly illegal.
CHAPTER IV. - COMPOSITION AND ADMINISTRATION OF THE COURT
Rule 34
BODIES OF THE COURT
The organs of the Court are:
(a) The Presidency;
(b) An Appeals Section, Trial Section and Preliminary Section;
(c) The Office of the Prosecutor;
(d) The Registry.
Rule 35
EXERCISE OF THE FUNCTIONS OF THE
1. All judges are elected as full-time members of the Court and are available for full-time performance as soon as their term of office begins.
2. The judges who compose the Presidency shall exercise their functions at full time from their election.
3. The Presidency may, depending on the workload of the Court and in consultation with the other judges, decide periodically on the extent to which they are required to perform their duties on a full-time basis. The decisions taken in this regard are without prejudice to the provisions of Article 40.
4. Financial arrangements for judges who are not required to perform their duties on a full-time basis are established in accordance with section 49.
Rule 36
QUALIFICATIONS, CANDIDATURE
AND ELECTION OF JUDGES
1. Subject to paragraph 2, the Court shall consist of 18 judges.
2. (a) The Presidency may, on behalf of the Court, propose to increase the number of judges set out in paragraph 1^erby duly motivating his proposal. It shall be communicated promptly to all States Parties by the Registrar.
(b) The proposal is then considered at a meeting of the Assembly of States Parties convened in accordance with Article 112. It is considered to be adopted if approved at that meeting by a two-thirds majority of the members of the Assembly of States Parties. It becomes effective on the date fixed by the Assembly of States Parties.
(c) (i) When the proposal to increase the number of judges was adopted in accordance with paragraph (b) , the election of additional judges shall take place at the next meeting of the Assembly of States Parties, in accordance with paragraphs 3 to 8, and Article 37, paragraph 2;
(ii) When the proposal to increase the number of judges was adopted and became effective in accordance with subparagraphs (b) and (c), subparagraph (i), the Presidency may propose at any time thereafter, if the work of the Court warrants it, to reduce the number of judges, but not below the number set out in paragraph 1^er. The proposal shall be considered in accordance with the procedure established in subparagraphs (a) and (b) . If adopted, the number of judges gradually decreases as the term of office of the judges in office expires, and thus until the number is reached.
3. (a) Judges are chosen from persons with high moral consideration, known for their impartiality and integrity, and meeting the requirements of their respective States for the exercise of the highest judicial functions.
(b) Any candidate for a seat in the Court shall:
(i) Have a recognized jurisdiction in the areas of criminal law and criminal procedure, as well as the necessary experience of criminal proceedings, whether as a judge, prosecutor or lawyer, or in any other similar capacity; or
(ii) Have recognized competence in relevant areas of international law, such as international humanitarian law and human rights, as well as extensive experience in a legal profession that is of interest to the judicial work of the Court;
(c) A candidate for a seat in the Court must have excellent knowledge and common practice of at least one of the working languages of the Court.
4. (a) Applicants to a seat in the Court may be nominated by any State Party to this Statute:
(i) According to the procedure for submitting applications to the highest judicial functions in the State in question; or
(ii) According to the procedure for submitting applications to the International Court of Justice as provided for in its Statute.
Nominations are accompanied by a detailed document showing that the candidate presents the qualifications set out in paragraph 3.
(b) Each State Party may nominate a person to a particular election. This person does not necessarily have his or her nationality but must have that of a State Party.
(c) The Assembly of States Parties may decide to establish, as appropriate, an advisory committee for the examination of applications. In this case, the composition and mandate of this commission shall be defined by the Assembly of States Parties.
5. For the purpose of the election, there are two lists of candidates:
List A, which contains the names of candidates with the qualifications referred to in paragraph 3, subparagraph (b), subparagraph (i);
List B, which contains the names of candidates with the qualifications referred to in paragraph 3, subparagraph (b), subparagraph (ii).
Any candidate with the skills required to appear on both lists may choose the one on which he or she is present. At the first election, at least nine judges shall be elected from among the candidates of List A and at least five judges from those of List B. The following elections are organized to maintain the same proportion between the elected judges on both lists.
6. (a) 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 18 candidates obtained the highest number of votes and the two-thirds majority of the States Parties present and voting shall be elected.
(b) If there are any remaining seats to be filled at the end of the first ballot, successive elections shall be conducted in accordance with the procedure set out in paragraph (a) until the remaining seats have been filled.
7. The Court cannot include more than one national of the same State. In this regard, the person who can be considered as the national of more than one State is supposed to be a national of the State where he or she usually exercises his or her civil and political rights.
8. (a) In the choice of judges, States Parties shall take into account the need to ensure, in the composition of the Court:
(i) The representation of the principal legal systems of the world;
(ii) equitable geographical representation; and
(iii) Equitable representation of men and women;
(b) States Parties also take into account the need to ensure the presence of specialized judges in certain matters, including, but not limited to, issues related to violence against women or children.
9. (a) Subject to paragraph (b) , the judges shall be elected for a term of nine years and, subject to paragraph (c) and section 37, paragraph 2, shall not be re-elected.
(b) At the first election, one third of the elected judges, appointed by lot, shall be appointed for a term of three years; one third of the elected judges, appointed by lot, shall be appointed for a term of six years; the other judges are appointed for a nine-year term.
(c) A judge appointed for a three-year term under paragraph (b) shall be eligible for a full term.
10. Notwithstanding the provisions of paragraph 9, a judge assigned to a Trial or Appeals Chamber in accordance with section 39, who has commenced a trial or appeal hearing before that Chamber, shall remain in office until the conclusion of the case.
Rule 37
VACANT SIEGES
1. It shall be filled by election to fill vacancies, as provided for in article 36.
2. A judge elected to a vacancy shall complete the term of office of his predecessor; if the term to be completed is less than or equal to three years, it shall be eligible for a full term in accordance with section 36.
Rule 38
LA PRESIDENCE
1. The President and the First and Second Vice-Presidents shall be elected by an absolute majority of the judges. They are elected for three years, or until the expiry of their term of office as a judge if the judge ends before three years. They are eligible for re-election once.
2. The First Vice-President shall replace the President when the President is prevented or challenged. The second Vice-President replaces the President when the President and the First Vice-President are both prevented or challenged.
3. The Chairman, the First Vice-Chairperson and the Second Vice-Chairperson shall comprise the Presidency, which shall:
(a) The good administration of the Court, except the Office of the Prosecutor; and
(b) Other functions conferred upon it in accordance with this Statute.
4. In the exercise of the powers referred to in paragraph 3, subparagraph (a), the Presidency shall act in coordination with the Prosecutor and shall seek the agreement on all matters of common interest.
Rule 39
THE CHAMBERS
1. As soon as possible after the election of judges, the Court shall be organized into sections as provided for in section 34, paragraph (b). The Appeals Section is composed of the President and four other judges; the Trial Section and the Pre-Trial Section shall be composed of at least six judges. The assignment of judges to the sections is based on the nature of the functions assigned to each of them and on the skills and experience of the judges elected to the Court, so that each section has the appropriate proportion of criminal and criminal law specialists and international law specialists. The Pre-Trial Section and the Trial Section are mainly composed of judges with experience in criminal proceedings.
2. (a) The judicial functions of the Court are exercised in each section by Chambers.
(b) (i) The Appeals Chamber is composed of all judges of the Appeals Section;
(ii) The functions of the Trial Chamber are performed by three judges of the Trial Division;
(iii) The functions of the Pre-Trial Chamber shall be performed either by three judges of the Pre-Trial Section or by a single judge of that Section in accordance with this Statute and the Rules of Procedure and Evidence;
(c) Nothing in this paragraph prohibits the simultaneous constitution of more than one Trial Chamber or Pre-Trial Chamber where the work of the Court so requires.
3. (a) Judges assigned to the Pre-Trial Section and the Trial Section shall serve for three years; they continue to sit there beyond this term, until the settlement of any matter that they have had to deal with in these sections.
(b) Judges assigned to the Appeals Section sit there for the duration of their term.
4. Judges assigned to the Appeals Section shall sit exclusively in that Section. However, no provision in this article prohibits the pre-trial assignment of judges of the Trial Division to the Pre-Trial Section, or vice versa, if the Presidency considers that the work of the Court requires it, on the understanding that a judge who participated in the preliminary phase of a case is in no case permitted to sit in the Trial Chamber before that case.
Rule 40
INDEPENDENCE OF JUDGES
1. The judges exercise their functions independently.
2. Judges do not exercise any activity that could be incompatible with their judicial functions or question their independence.
3. Judges held to perform their duties full-time at the seat of the Court shall not engage in any other professional activity.
4. Any question that raises the application of paragraphs 2 and 3 shall be decided by an absolute majority of the judges. A judge does not participate in the decision on a matter that concerns him.
Rule 41
DECHARGE AND RECUSATION OF JUDGES
1. The Presidency may discharge a judge, at its request, from the functions assigned to it under this Statute, in accordance with the Rules of Procedure and Evidence.
2. (a) A judge may not participate in the settlement of any case in which his or her impartiality could reasonably be questioned for any reason. A judge shall be challenged for a case in accordance with this paragraph, in particular if he or she has previously intervened in this case before the Court or in a related criminal case at the national level in which the person under investigation or prosecution was involved. A judge may also be challenged on the other grounds provided for in the Rules of Procedure and Evidence.
(b) The Prosecutor or the person under investigation or prosecution may request the recusal of a judge under this paragraph.
(c) Any question relating to the recusal of a judge shall be decided by an absolute majority of the judges. The judge whose recusal is requested may present his comments on the matter but does not participate in the decision.
Rule 42
THE OFFICE OF THE PROCEDURES
1. The Office of the Prosecutor acts independently as a separate body within the Court. It is responsible for receiving duly substantiated communications and information regarding crimes within the jurisdiction of the Court, examining them, conducting investigations and supporting the prosecution before the Court. Its members do not seek or accept instructions from any outside source.
2. The Office is headed by the Prosecutor. The Office has all authority over the management and administration of the Office, including staff, facilities and other resources. The Prosecutor shall be assisted by one or more Deputy Prosecutors, authorized to carry out all acts required by this Statute by the Prosecutor. The Prosecutor and the Deputy Prosecutors are different nationalities. They perform their duties full time.
3. The Prosecutor and the Deputy Prosecutors must have high moral consideration and have strong skills and practical experience in prosecution or trial in criminal cases. They must have excellent knowledge and common practice of at least one of the working languages of the Court.
4. The Prosecutor shall be elected by secret ballot by the Assembly of States Parties, by an absolute majority of its members. Deputy prosecutors are elected in the same way on a list of candidates nominated by the Prosecutor. The Prosecutor shall submit three candidates for each post of Deputy Prosecutor to be filled. Unless a shorter term of office is decided at the time of election, the Prosecutor and Deputy Prosecutors shall serve for nine years and shall not be re-elected.
5. Neither the Prosecutor nor the Deputy Prosecutors carry out any activity that might be incompatible with their prosecution or question their independence. They do not engage in any other professional activity.
6. The Presidency may discharge, at its request, the Prosecutor or a Deputy Prosecutor of its functions in a specific case.
7. Neither the Prosecutor nor the Deputy Prosecutors can participate in the settlement of a case in which their impartiality could be reasonably questioned for any reason. They are challenged for a case in accordance with this paragraph if, inter alia, they have previously intervened, in any capacity, in this case before the Court or in a related criminal case at the national level in which the person under investigation or prosecution was involved.
8. Any question relating to the prosecution of the Prosecutor or a Deputy Prosecutor shall be decided by the Appeals Chamber.
(a) The person under investigation or prosecution may at any time request the recusal of the Prosecutor or a Deputy Prosecutor for the reasons set out in this section;
(b) The relevant Prosecutor or Deputy Prosecutor, as the case may be, may present his comments on the matter.
9. The Prosecutor appoints counsellors who are legal experts on certain issues, including, but limited to, sexual violence, gender-based violence and violence against children.
Rule 43
GREFFE
1. The Registry is responsible for the non-judicial aspects of the administration and service of the Court, without prejudice to the functions and powers of the Prosecutor as defined in Article 42.
2. The Registry is headed by the Registrar, who is the Chief Administrative Officer of the Court. The Registrar shall serve under the authority of the President of the Court.
3. The Registrar and the Deputy Registrar shall be persons of high morality and competence, with excellent knowledge and common practice of at least one of the working languages of the Court.
4. The judges elect the Registrar by absolute majority and by secret ballot, taking into account any recommendations of the Assembly of States Parties. If there is a need for it, they also elect an assistant clerk on the recommendation of the Registrar.
5. The Registrar shall be elected for five years, shall be re-elected once and shall serve on a full-time basis. The Deputy Registrar shall be elected for five years or for a shorter term, as may be decided by an absolute majority of the judges; he is called upon to perform his duties according to the requirements of the service.
6. The Registrar creates a Victims and Witnesses Unit within the Registry. The Division is responsible, in consultation with the Office of the Prosecutor, to advise and assist in any appropriate manner witnesses, victims who appear before the Court and other persons to whom the testimony of these witnesses may be at risk, as well as to provide for the measures and arrangements for their protection and security. Division staff include specialists in trauma victim assistance, including trauma from sexual violence.
Rule 44
THE PERSONNEL
1. The Prosecutor and the Registrar shall appoint the qualified personnel necessary in their respective departments, including, in the case of the Prosecutor, investigators.
2. When recruiting the staff, the Prosecutor and the Registrar shall ensure that the services of persons with the highest standards of efficiency, competence and integrity, taking into account, mutatis mutandis, the criteria set out in section 36, paragraph 8.
3. The Registrar, in accordance with the Presidency and the Prosecutor, proposes the Staff Regulations, which include the terms of appointment, remuneration and termination of office. The Staff Regulations are approved by the Assembly of States Parties.
4. The Court may, in exceptional circumstances, resort to the expertise of gratis personnel provided by States Parties, intergovernmental organizations or non-governmental organizations to assist any body of the Court in its work. The Prosecutor may accept such personnel for the Office of the Prosecutor. Persons made available free of charge shall be employed in accordance with the guidelines to be prepared by the Assembly of States Parties.
Rule 45
SOLENNEL COMMITMENT
Before assuming the functions provided for in this Statute, the judges, the Prosecutor, the Deputy Prosecutors, the Registrar and the Deputy Registrar shall, in public session, take the solemn undertaking to exercise their functions impartially and conscientiously.
Rule 46
FUNCTIONS
1. A judge, the Prosecutor, a Deputy Prosecutor, the Registrar or the Deputy Registrar shall be relieved of his or her duties by a decision in accordance with paragraph 2 in cases where:
(a) It is established that it has committed a serious misconduct or a serious breach of its duties under this Statute, as provided for in the Rules of Procedure and Evidence; or
(b) It is unable to perform its functions, as defined in this Statute.
2. The decision concerning the loss of office of a judge, the Prosecutor or a Deputy Prosecutor pursuant to paragraph 1 shall be taken 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 on a recommendation adopted by a two-thirds majority of the other judges;
(b) In the case of the Prosecutor, by an absolute majority of States Parties;
(c) In the case of a Deputy Prosecutor, the absolute majority of the States Parties on the recommendation of the Prosecutor.
3. The decision on the loss of functions of the Registrar or the Deputy Registrar shall be taken by an absolute majority of the judges.
4. A judge, prosecutor, deputy procurator, clerk or deputy clerk whose conduct or ability to perform the functions provided for in this Statute is contested under this section shall have all discretion to produce and receive evidence and to make its arguments in accordance with the Rules of Procedure and Evidence. He does not otherwise participate in the consideration of the matter.
Rule 47
DISCIPLINARY SANCTIONS
A judge, a prosecutor, a deputy prosecutor, a clerk or an assistant clerk who committed a breach of gravity less than that referred to in section 46, paragraph 1^er, shall be liable to disciplinary sanctions provided for in the Rules of Procedure and Evidence.
Rule 48
PRIVILEGES AND IMMUNITES
1. The Court shall enjoy in the territory of the States Parties the privileges and immunities necessary for the fulfilment of its mission.
2. The judges, the Prosecutor, the Deputy Prosecutors and the Registrar shall enjoy, in the performance of their duties or in relation to these functions, privileges and immunities granted to heads of diplomatic missions. After the expiry of their mandate, they continue to enjoy immunity from any legal procedure for words, writings and acts that fall within the scope of their official duties.
3. The Deputy Registrar, the staff of the Office of the Prosecutor and the staff of the Registry shall enjoy the privileges, immunities and facilities necessary for the performance of their functions, in accordance with the Agreement on the Privileges and Immunities of the Court.
4. Lawyers, experts, witnesses or other persons whose presence is required at the seat of the Court shall be treated as necessary for the proper functioning of the Court, in accordance with the Agreement on the Privileges and Immunities of the Court.
5. Privileges and immunities may be lifted:
(a) In the case of a judge or prosecutor, by a decision taken by an absolute majority of the judges;
(b) In the case of the Registrar, by the Presidency;
(c) In the case of deputy prosecutors and staff of the Office of the Prosecutor, the Prosecutor;
(d) In the case of the Deputy Registrar and Registry staff, by the Registrar.
Rule 49
TREATMENTS, INDEMNITES AND FRAMEWORK
The judges, the Prosecutor, the Deputy Prosecutors, the Registrar and the Deputy Registrar shall receive the salaries, allowances and reimbursements decided by the Assembly of States Parties. These salaries and allowances are not reduced during the term.
Rule 50
OFFICIAL AND LANGUAGE OF WORK
1. The official languages of the Court are English, Arabic, Chinese, Spanish, French and Russian. The Court ' s rulings and other decisions regulating fundamental issues submitted to it are published in the official languages. The Presidency shall determine, in accordance with the criteria established by the Rules of Procedure and Evidence, what decisions may be considered for the purposes of this paragraph as regulating fundamental issues.
2. The working languages of the Court are English and French. The Rules of Procedure and Evidence define cases in which other official languages may be used as working languages.
3. At the request of a party to a procedure or a State authorized to intervene in a proceeding, the Court authorizes the employment by that party or State of a language other than English or French if it considers it justified.
Rule 51
PROCEDURE AND FIRST REGULATIONS
1. The Rules of Procedure and Evidence shall enter into force upon adoption by the Assembly of States Parties by a two-thirds majority of its members.
2. Amendments to the Rules of Procedure and Evidence may be proposed by:
(a) Any State Party;
(b) Judges acting by absolute majority;
(c) The Prosecutor.
These amendments come into force upon adoption by a two-thirds majority of the members of the Assembly of States Parties.
3. After the adoption of the Rules of Procedure and Evidence, in urgent cases where the particular situation before the Court is not provided for in the Rules, judges may, by a two-thirds majority, establish provisional rules that apply until the Assembly of States Parties, at its next ordinary or extraordinary meeting, adopts, amends or rejects them.
4. The Rules of Procedure and Evidence, the amendments thereto and the provisional rules shall comply with the provisions of this Statute. Amendments to the Rules of Procedure and Evidence and provisional rules do not retroactively apply to the prejudice of the person who is the subject of an investigation, prosecution or conviction.
5. In the event of a conflict between the Statute and the Rules of Procedure and Evidence, the Statute prevails.
Rule 52
REGULATION OF THE COURT
1. The judges shall adopt by an absolute majority, in accordance with this Statute and the Rules of Procedure and Evidence, the rules necessary for the daily functioning of the Court.
2. The Prosecutor and the Registrar are consulted in the development of the Rules of the Court and any amendments thereto.
3. The Rules of the Court and any amendments thereto shall take effect upon their adoption, unless the judges decide otherwise. They shall be communicated immediately after their adoption to the States Parties for comment. They remain in force if the majority of States Parties do not object to it within six months.
CHAPTER V. - EQUIPMENT AND PRODUCTS
Rule 53
OPENING OF A WORLD
1. The Prosecutor shall, after assessing the information brought to his or her knowledge, initiate an investigation unless the Prosecutor finds that there is no reasonable basis for prosecution under this Statute. In making its decision, the Prosecutor shall consider:
(a) If the information in its possession provides a reasonable basis for believing that a crime within the jurisdiction of the Court has been or is in the process of being committed;
(b) If the case is or would be admissible under section 17; and
(c) If there are serious reasons to think, given the seriousness of the crime and the interests of the victims, that an investigation would not serve the interests of justice.
If he or she concludes that there is no reasonable basis for prosecution and if that conclusion is based exclusively on the considerations referred to in paragraph (c) , the Prosecutor shall inform the Pre-Trial Chamber of the matter.
2. If, after investigation, the Prosecutor concludes that there is no sufficient basis for prosecution:
(a) Because there is no sufficient basis, in law or in fact, to request an arrest warrant or a summons under section 58;
(b) Because the case is inadmissible under Article 17; or
(c) Because prosecution would not serve the interests of justice, taking into account all circumstances, including the seriousness of the crime, the interests of victims, the age or disability of the alleged perpetrator and his role in the alleged crime;
he or she informs of his conclusion and of the reasons for the reasons given to him by the Pre-Trial Chamber and the State which has referred the situation to him pursuant to article 14, or the Security Council if it is a situation referred to in article 13, paragraph (b).
3. (a) At the request of the State that has referred the situation in accordance with Article 14, or of the Security Council, if it is a situation referred to in Article 13, paragraph (b) the Pre-Trial Chamber may consider the decision not to proceed by the Prosecutor under paragraphs 1^er or 2 and ask the Prosecutor to reconsider it.
(b) In addition, the Pre-Trial Chamber may, on its own initiative, consider the Prosecutor ' s decision not to proceed if that decision is based solely on the considerations referred to in paragraph 1^er(c) and paragraph 2 (c). In such a case, the decision of the Prosecutor is effective only if confirmed by the Pre-Trial Chamber.
4. The Prosecutor may at any time reconsider his decision whether to open an investigation or to prosecute in the light of new facts or information.
Rule 54
AND PROCEDURES
I don't know.
1. The Prosecutor:
(a) To establish the truth, extend the investigation to all facts and evidence that may be useful in determining whether there is criminal responsibility under this Statute and, in doing so, investigate both the prosecution and the discharge of the case;
(b) Takes measures to ensure the effectiveness of investigations and prosecutions for crimes within the jurisdiction of the Court. In doing so, it deals with the interests and personal situation of victims and witnesses, including their age, sex, as defined in article 7, paragraph 3, and their state of health; It also takes into account the nature of the crime, in particular where it involves sexual violence, gender-based violence or violence against children; and
(c) Full respect for the rights of persons set forth in this Statute.
2. The Prosecutor may investigate the territory of a State:
(a) In accordance with the provisions of Chapter IX; or
(b) With the authorization of the Pre-Trial Chamber under section 57, paragraph 3, subparagraph (d).
3. The Prosecutor may:
(a) Collect and examine evidence;
(b) summoning and interviewing persons under investigation, victims and witnesses;
(c) seek the cooperation of any State or intergovernmental organization or intergovernmental agreement in accordance with their respective competences or mandates;
(d) Conclude any arrangements or agreements that are not contrary to the provisions of this Statute and may be necessary to facilitate the cooperation of a State, intergovernmental organization or person;
(e) Undertaking to not disclose at any stage of the proceedings any documents or information that it has obtained, provided that they remain confidential and only serve to obtain new evidence, unless the person who provided the information consents to their disclosure; and
(f) Take, or request, necessary measures to ensure the confidentiality of information collected, the protection of persons or the preservation of evidence.
Rule 55
RIGHTS OF PERSONS IN THE FRAMEWORK
1. In an investigation under this Statute, a person shall:
(a) Is not obliged to testify against herself or to confess guilt;
(b) No form of coercion, coercion or threat is subject to torture or any other form of cruel, inhuman or degrading treatment or punishment;
(c) Free of charge, if it is not questioned in a language that it understands and speaks perfectly, of the assistance of a competent interpreter and of any translations that make the requirements of fairness necessary; and
(d) No arbitrary arrest or detention; it may not be deprived of its liberty except on the grounds and in accordance with the procedures provided for in this Statute.
2. Where there are grounds to believe that a person has committed a crime within the jurisdiction of the Court and that the person must be questioned, either by the Prosecutor or by the national authorities pursuant to an application under Chapter IX, the person has the following rights, of which the person is informed before being interrogated:
(a) Being informed before being interrogated that there is reason to believe that she committed a crime within the jurisdiction of the Court;
(b) Keep silence, without this silence being taken into consideration for the determination of guilt or innocence;
(c) be assisted by the defender of his or her choice or, if he or she does not, by an ex officio defender whenever the interests of justice so require, without paying compensation if he or she does not have the means; and
(d) To be interviewed in the presence of her counsel, unless she voluntarily waived her right to counsel.
Rule 56
ROLE OF THE PRELIMINARY CHAMBRE IN THE CASES OR THE Ombudsmanship of INFORMATION NEVER
1. (a) Where the Prosecutor considers that an investigation provides a unique opportunity, which may no longer arise, to obtain testimony or testimony, or to examine, collect or verify evidence for the purposes of a trial, the Prosecutor shall notify the Pre-Trial Chamber of the matter;
(b) The Pre-Trial Chamber may, at the request of the Prosecutor, take all measures to ensure the effectiveness and integrity of the proceedings and, in particular, to protect the rights of the defence;
(c) Unless otherwise ordered by the Pre-Trial Chamber, the Prosecutor shall also inform of the circumstance referred to in paragraph (a) of the person who was arrested or appeared on a summons issued in the course of the investigation, so that the person may be heard.
2. The measures referred to in paragraph 1^er(b) may consist of:
(a) Make recommendations or make orders on the way forward;
(b) To order that he be made a record of the proceedings;
(c) Appoint an expert;
(d) To authorize a lawyer of a person who has been arrested, or appeared before the Court on a summons, to participate in the proceedings or, where the arrest or appearance has not yet taken place or the lawyer has not yet been chosen, to appoint a lawyer who will be in charge of the interests of the defence and represent them;
(e) To appoint one of its members or, if necessary, one of the available judges of the Pre-Trial Section or the Trial Section, to make recommendations or to make orders concerning the gathering and preservation of evidence and hearings of persons;
(f) To take any other measures necessary to collect or preserve evidence.
3. (a) Where the Prosecutor has not requested the measures referred to in this article, but the Pre-Trial Chamber is of the opinion that these measures are necessary to preserve evidence that it considers essential to the defence during the trial, it shall consult with the Prosecutor on whether the Prosecutor had good reasons not to request the measures in question. If, after consultation, it concludes that the failure to request these measures is not justified, it may take action on its own initiative.
(b) The Prosecutor may appeal to the Pre-Trial Chamber's decision to act on its own initiative under this paragraph. This appeal is reviewed on an expedited basis.
4. The admissibility of evidence preserved or collected for the purposes of the trial under this section, or the recording of such evidence, shall be governed by section 69, the value given to them by the Trial Chamber.
Rule 57
FUNCTIONS AND CREDENTIALS OF THE PRELIMINARY
1. Unless otherwise provided by this Statute, the Pre-Trial Chamber shall act in accordance with the provisions of this article.
2. (a) The decisions rendered by the Pre-Trial Chamber under articles 15, 18, 19, 54, paragraph 2, 61, paragraph 7, and 72 shall be taken by a majority of the judges who make up it;
(b) In all other cases, a single judge of the Pre-Trial Chamber may perform the functions provided for in this Statute, unless otherwise provided for in the Rules of Procedure and Evidence or a decision otherwise taken by a majority of the Pre-Trial Chamber.
3. Notwithstanding the other functions conferred upon it under this Statute, the Pre-Trial Chamber may:
(a) Upon request from the Prosecutor, make orders and issue warrants that may be required for investigation;
(b) At the request of a person who has been arrested or appeared on a summons pursuant to section 58, make any order, including measures as referred to in section 56, or solicit any examination under Chapter IX that may be necessary to assist the person in preparing his or her defence;
(c) If necessary, ensure the protection and respect of the privacy of victims and witnesses, the preservation of evidence, the protection of persons who have been arrested or appeared on summons, and the protection of information concerning national security;
(d) Authorize the Prosecutor to take certain measures of investigation into the territory of a State Party without ascertaining the cooperation of that State under Chapter IX if, having taken into account, to the extent possible, the views of that State, it has determined that in this case the State is manifestly unable to respond to a request for cooperation because no competent authority or component of its national judicial apparatus is available to respond to a request for cooperation in Chapter IX;
(e) Where an arrest warrant or summons has been issued under section 58, seek the cooperation of States under section 93, paragraph 1^er, paragraph (k), with due regard to the force of the evidence and the rights of the parties concerned, as provided for in this Statute and in the Rules of Procedure and Evidence, to take precautionary measures for confiscation, in particular in the best interests of the victims.
Rule 58
DELIVRANCE BY THE PRELIMINARY CHAMBRE
A ERRET MANDATE OR A COMPARAITER CITATION
1. At any time after the initiation of an investigation, the Pre-Trial Chamber shall issue, upon request of the Prosecutor, an arrest warrant against a person if, after examining the request and the evidence or other information provided by the Prosecutor, it is satisfied that:
(a) That there are reasonable grounds to believe that the person committed a crime within the jurisdiction of the Court; and
(b) That the arrest of this person appears necessary to ensure:
(i) May the person appear;
(ii) That it will not interfere with the investigation or proceedings before the Court, nor will it compromise the proceedings; or
(iii) Where applicable, it shall not continue the execution of the crime in question or a related crime within the jurisdiction of the Court and in the same circumstances.
2. The Prosecutor ' s request contains the following:
(a) The name of the intended person and any other useful identification elements;
(b) A specific reference to the crime within the jurisdiction of the Court that the person is believed to have committed;
(c) The summary statement of the facts alleged to constitute this crime;
(d) A summary of evidence that provides reasonable grounds for believing that the person committed the crime; and
(e) The reasons why the Prosecutor considers it necessary to proceed with the arrest of that person.
3. The arrest warrant contains the following:
(a) The name of the intended person and any other useful identification elements;
(b) A specific reference to the crime within the jurisdiction of the Court that justifies the arrest; and
(c) The summary statement of the facts alleged to constitute this crime.
4. The arrest warrant remains in force until the Court has decided otherwise.
5. On the basis of the arrest warrant, the Court may request provisional arrest or arrest and surrender of the person in accordance with Chapter IX.
6. The Prosecutor may request the Pre-Trial Chamber to amend the arrest warrant by recharging the crimes against it or adding new crimes to it. The Pre-Trial Chamber amends the arrest warrant if it has reasonable grounds to believe that the person committed requalified crimes or new crimes.
7. The Prosecutor may request the Pre-Trial Chamber to issue a summons to appear instead of an arrest warrant. If the Pre-Trial Chamber is satisfied that there are reasonable grounds to believe that the person committed the crime charged to him and that a summons to appear is sufficient to ensure that he/she will appear before the Court, it shall issue the summons, with or without restrictive conditions of liberty (other than detention) if so provided by national legislation. The citation contains the following elements:
(a) The name of the intended person and any other useful identification elements;
(b) The date of appearance;
(c) A specific reference to the crime within the jurisdiction of the Court that the person is believed to have committed; and
(d) The summary statement of the facts alleged to constitute the crime.
The summons is notified to the person she is targeting.
Rule 59
ARRESTATION PROCEDURE IN THE DETENTION STATE
1. The State Party that has received a request for provisional arrest or arrest and surrender shall take immediate steps to arrest the person in question in accordance with its legislation and the provisions of Chapter IX.
2. Any arrested person shall be referred immediately to the competent judicial authority of the State of Detention which shall verify, in accordance with the law of that State:
(a) That the mandate be directed to that person;
(b) That it was arrested on a regular basis; and
(c) That his rights have been respected.
3. The arrested person has the right to apply to the competent authority of the State of detention for his provisional release pending his release.
4. When deciding on this application, the competent authority of the State of Detention shall examine whether, in view of the seriousness of the alleged crimes, the urgency and exceptional circumstances warrant the provisional release and whether the necessary guarantees ensure that the State of Detention may fulfil its obligation to surrender the person to the Court. The competent authority of the State of detention may not examine whether the arrest warrant has been issued regularly under article 58, paragraph 1^er(a) and (b)
5. The Pre-Trial Chamber shall be notified of any request for provisional release and make recommendations to the competent authority of the State of Detention. Before making its decision, the decision takes fully into account these recommendations, including, possibly, those relating to measures to prevent the escape of the person.
6. If provisional release is granted, the Pre-Trial Chamber may request periodic reports on the provisional freedom regime.
7. Once ordered by the state of detention, the person shall be delivered to the Court as soon as possible.
Rule 60
INITIAL PROCEDURE FOR THE COURT
1. As soon as the person is handed over to the Court or as soon as he or she appears before the Court, voluntarily or on a summons, the Pre-Trial Chamber shall verify that he or she has been informed of the crimes against him or her and of the rights recognized in this Statute, including the right to apply for provisional release pending trial.
2. A person subject to an arrest warrant may apply for provisional release pending trial. If the Pre-Trial Chamber is satisfied that the conditions set out in article 58, paragraph 1^er, are carried out, the person is kept in custody. Otherwise, the Pre-Trial Chamber shall release it, with or without conditions.
3. The Pre-Trial Chamber periodically reviews its decision to release or maintain detention. It can do so at any time at the request of the Prosecutor or the individual. It may then amend its decision concerning the detention, release or conditions of detention if it is satisfied that the evolution of circumstances warrants it.
4. The Pre-Trial Chamber ensures that pre-trial detention is not excessively prolonged due to unjustifiable delays due to the Prosecutor. If such a delay occurs, the Court examines the possibility of the person being released, with or without conditions.
5. If necessary, the Pre-Trial Chamber may issue an arrest warrant to ensure the appearance of a person who has been released.
Rule 61
CONFIRMATION OF CHARGES WITH THE PROCES
1. Subject to paragraph 2, within a reasonable period of time after the person has been handed over to the Court or his voluntary appearance before the Court, the Pre-Trial Chamber shall hold a hearing to confirm the charges on which the Prosecutor intends to rely in order to request the referral to trial. The hearing shall be held in the presence of the Prosecutor and the person under investigation or prosecution, as well as the counsel of the Prosecutor.
2. The Pre-Trial Chamber may, at the request of the Prosecutor or on its own initiative, hold a hearing in the absence of the person concerned to confirm the charges on which the Prosecutor intends to rely in order to request the referral to trial when the person:
(a) Renounced his right to be present; or
(b) Leaked or could not be found, and all reasonably possible was done to ensure his appearance before the Court and to inform him of the charges against him and the next hearing to confirm these charges.
In such cases, the person is represented by counsel when the Pre-Trial Chamber finds that this serves the interests of justice.
3. Within a reasonable time before the hearing, the person:
(a) receives written notification of the charges on which the Prosecutor intends to rely in order to request the referral to trial; and
(b) Is informed of the evidence that the Prosecutor intends to rely on at the hearing.
The Pre-Trial Chamber may make orders regarding the disclosure of information for the purposes of the hearing.
4. Before the hearing, the Prosecutor may continue the investigation and may amend or withdraw charges. The person concerned shall be notified of any amendment or withdrawal of charges within a reasonable time before the hearing. In the event of withdrawal of charges, the Prosecutor shall inform the Pre-Trial Chamber of the reasons for such withdrawal.
5. At the hearing, the Prosecutor shall support each of the charges with sufficient evidence to establish substantial grounds for believing that the person committed the crime charged to him. It may be based on evidence in the form of documents or summaries and is not required to bring witnesses to trial.
6. At the hearing, the person may:
(a) Challenge charges;
(b) Challenge the evidence produced by the Prosecutor; and
(c) Present evidence.
7. At the end of the hearing, the Pre-Trial Chamber determines whether there is sufficient evidence giving substantial grounds for believing that the person committed each of the crimes charged to him. According to her determination, the Pre-Trial Chamber:
(a) Confirms the charges for which it concluded that there was sufficient evidence and returns the person to a Trial Chamber to be tried on the basis of the confirmed charges;
(b) Do not confirm the charges for which it concluded that there was no sufficient evidence;
(c) Adjourn the hearing and ask the Prosecutor to consider:
(i) to provide additional evidence or to conduct further investigations of a particular charge; or
(ii) To amend a charge if the evidence produced appears to establish that a different crime, within the jurisdiction of the Court, was committed.
8. When the Pre-Trial Chamber does not confirm a charge, it is not prohibited for the Prosecutor to request confirmation of the charge if it supports his request for additional evidence.
9. After confirmation of the charges and before the trial begins, the Prosecutor may amend the charges with the authorization of the Pre-Trial Chamber and after the accused has been notified of the charges. If the Prosecutor intends to add additional charges or substitute for more serious charges, a hearing must be held in accordance with this article to confirm new charges. After the commencement of the trial, the Prosecutor may withdraw the charges with the authorization of the Trial Chamber.
10. Any warrant already issued ceases to have effect with respect to any charge not confirmed by the Pre-Trial Chamber or withdrawn by the Prosecutor.
11. As soon as the charges have been confirmed in accordance with this article, the Presidency shall constitute a Trial Chamber which, subject to paragraph 9 and article 64, paragraph 4, shall conduct the following phase of the proceedings and may, to that end, perform any function of the Pre-Trial Chamber in this case.
CHAPTER VI. - THE PROCES
Rule 62
LIEU DU PROCES
Unless otherwise decided, the trial shall be held at the seat of the Court.
Rule 63
PROCEEDINGS IN ACCUSE
1. The accused is present at his trial.
2. If the accused, present before the Court, continues to disturb the proceedings of the trial, the Trial Chamber may order his removal from the hearing room and then ensures that he is following the trial and gives instructions to his counsel from outside the courtroom, if necessary with the technical means of communication. Such measures are taken only in exceptional circumstances, when other reasonable solutions have proved to be in vain and only for the strictly necessary duration.
Rule 64
FUNCTIONS AND PROVISIONS
DE LA CHAMBRE DE PREMIERE INSTANCE
1. The functions and powers of the Trial Chamber set out in this rule shall be exercised in accordance with the Statute and the Rules of Procedure and Evidence.
2. The Trial Chamber shall ensure that the trial is conducted in a fair and expeditious manner, with full respect for the rights of the accused and with full regard to the need to ensure the protection of victims and witnesses.
3. When a case is brought to trial in accordance with this Statute, the Trial Chamber to which it is assigned:
(a) Consult the parties and adopt all procedures relevant to the fair and expeditious conduct of the proceeding;
(b) Determine the language or languages of the trial; and
(c) Subject to any other applicable provisions of this Statute, the disclosure of documents or information that is still undisclosed shall be made sufficiently early before the commencement of the trial to allow sufficient preparation of the trial.
4. The Trial Chamber may, if necessary to ensure its effective and equitable functioning, submit preliminary questions to the Pre-Trial Chamber or, if necessary, to another available judge of the Pre-Trial Section.
5. The Trial Chamber may, by notifying the parties, order the division or disjunction, as the case may be, of the charges against several accused.
6. In performing its duties before or during a trial, the Trial Chamber may, if necessary,:
(a) To assume all the functions of the Pre-Trial Chamber referred to in Article 61, paragraph 11;
(b) Order the appearance of witnesses and their hearing, as well as the production of documents and other evidence, by obtaining, as appropriate, the assistance of States in accordance with the provisions of this Statute;
(c) Ensure the protection of confidential information;
(d) order the production of evidence in addition to those collected prior to trial or submitted to trial by the parties;
(e) To protect the accused, witnesses and victims; and
(f) To determine any other relevant issues.
7. The trial is public. However, the Trial Chamber may, on the basis of specific circumstances, issue a closed hearing for certain hearings for the purposes set out in section 68 or for the purpose of protecting confidential or sensitive information given in the statements.
8. (a) At the commencement of the trial, the Trial Chamber read out to the accused the charges previously confirmed by the Pre-Trial Chamber. The Trial Chamber ensures that the accused understands the nature of the charges. It gives the accused the opportunity to plea guilty in accordance with the provisions of section 65, or to plea not guilty;
(b) During the trial, the President may give instructions for the conduct of the proceedings, in particular for the fair and impartial conduct of the proceedings. Subject to any instruction by the President, the parties may produce evidence in accordance with the provisions of this Statute.
9. The Trial Chamber may, in particular, at the request of a party or of office:
(a) To determine the admissibility or relevance of the evidence; and
(b) Take all necessary measures to ensure order at the hearing.
10. The Trial Chamber shall ensure that the Registrar shall prepare and maintain a full record of the proceedings faithfully referring to the proceedings.
Rule 65
CULPABILITY AVEUM PROCEDURE
1. When the accused acknowledges his guilt as provided for in article 64, paragraph 8, paragraph 8 (a), the Trial Chamber shall determine:
(a) If the accused understands the nature and consequences of his confession of guilt;
(b) If the confession of guilt was made voluntarily after sufficient consultation with the accused's defenceman; and
(c) If the confession of guilt is substantiated by the facts of the cause as they emerge:
(i) Charges submitted by the Prosecutor and admitted by the accused;
(ii) Any evidence submitted by the Prosecutor accompanying the charges and the accused accepts; and
(iii) Any other evidence, such as evidence, presented by the Prosecutor or the accused.
2. If the Trial Chamber is satisfied that the conditions referred to in paragraph 1^er is brought together, it considers that the confession of guilt, together with all the additional evidence presented, establishes all the elements of the crime on which it bears, and it may recognize the accused guilty of this crime.
3. If the Trial Chamber is not satisfied that the conditions referred to in paragraph 1^er It shall be brought together, it considers that there has been no confession of guilt, in which case it shall order that the trial continue according to the normal procedures provided for in this Statute and may refer the case to another Trial Chamber.
4. If the Trial Chamber is satisfied that a more complete presentation of the facts of the case would be in the interest of justice, particularly in the interests of victims, it may:
(a) Request the Prosecutor to present additional evidence, including testimony from witnesses; or
(b) Order that the trial shall continue in accordance with the normal procedures provided for in this Statute, in which case it considers that there has been no confession of guilt and may refer the case to another Trial Chamber.
5. Any discussion between the Prosecutor and the defence regarding the modification of the charges, the finding of guilt or the sentence to be pronounced does not involve the Court.
Rule 66
INNOCENCE PRESOMPTION
1. Any person shall be presumed innocent until his guilt has been established before the Court in accordance with the applicable law.
2. It is the responsibility of the Prosecutor to prove the guilt of the accused.
3. In order to condemn the accused, the Court must be satisfied with its guilt beyond reasonable doubt.
Rule 67
HUMAN RIGHTS
1. In examining the charges against him, the accused is entitled to be heard publicly, taking into account the provisions of this Statute, fairly and impartially. It is entitled, in full equality, at least to the following guarantees:
(a) Be informed as soon as possible and in detail of the nature, cause and content of the charges in a language that it understands and speaks perfectly;
(b) Provide time and facilities for the preparation of his defence and communicate freely and confidentially with the counsel of his choice;
(c) be tried without excessive delay;
(d) Subject to the provisions of article 63, paragraph 2, be present at trial, defend himself or be assisted by the defender of his or her choice; if he does not have a defenceman, be informed of his right to have one, and, whenever the interest of justice so requires, be assigned a defenceman by the Court, at no cost if he does not have the means to pay him;
(e) Interrogate or interrogate witnesses and obtain the attendance and examination of witnesses on defence under the same conditions as witnesses on prosecution. The accused also has the right to defend and present other admissible evidence under this Statute;
(f) To be assisted free of charge by a competent interpreter and to receive the necessary translations to meet the requirements of fairness, if the language used in any proceedings before the Court or in any document submitted to the Court is not a language that it understands and speaks perfectly;
(g) Do not be compelled to testify against himself or to confess guilt, and keep silence without this silence being taken into consideration in determining his guilt or innocence;
(h) Make, without oath, a written or oral statement for his defence; and
(i) Not being forced to overthrow the burden of proof or the burden of refutation.
2. In addition to any other communication provided for in this Statute, the Prosecutor shall, as soon as practicable, communicate to the defence the evidence in his or her possession or disposition, which he or she considers to dismiss the accused or tend to dismiss or mitigate his or her guilt, or are likely to undermine the credibility of the evidence. In case of doubt as to the application of this paragraph, the Court shall decide.
Rule 68
PROTECTION AND PARTICIPATION OF VICTIMS AND TEMOINS
1. The Court takes measures to protect the safety, physical and psychological well-being, dignity and privacy of victims and witnesses. In doing so, it takes into account all relevant factors, including age, sex as defined in section 7, paragraph 3, and the state of health, as well as the nature of the crime, in particular, but not limited to, when it is accompanied by sexual violence, gender-based violence or violence against children. The Prosecutor takes these measures in particular at the stage of the investigation and prosecution. These measures must not be injurious or contrary to the rights of defence and the requirements of a fair and impartial trial.
2. With the exception of the principle of publicity of the proceedings set out in article 67, the Chambers of the Court may, in order to protect the victims and witnesses or an accused person, order the closed hearing for any part of the proceedings or permit evidence to be collected by electronic means or other special means. These measures are applied in particular in respect of a victim of sexual violence or a child who is a victim or a witness, unless the Court decides otherwise in the light of all circumstances, in particular the views of the victim or witness.
3. Where the personal interests of the victims are concerned, the Court allows their views and concerns to be presented and examined at stages of the proceedings that it considers appropriate and in a manner that is neither harmful nor injurious to the rights of defence and to the requirements of a fair and impartial trial. These views and concerns may be presented by the legal representatives of the victims when the Court considers it appropriate, in accordance with the Rules of Procedure and Evidence.
4. The Victims and Witnesses Division may advise the Prosecutor and the Court on protection measures, security provisions and counselling and assistance activities referred to in section 43, paragraph 6.
5. Where the disclosure of evidence and information under this Statute is likely to seriously endanger a witness or family member, the Prosecutor may, in any proceedings initiated prior to the commencement of the trial, refrain from disclosing and presenting such evidence or information. Such measures must be applied in a manner that is neither harmful nor contrary to the rights of defence and to the requirements of a fair and impartial trial.
6. A State may request that measures be taken to ensure the protection of its officials or agents and the protection of confidential or sensitive information.
Rule 69
FIRST
1. Before filing, each witness, in accordance with the Rules of Procedure and Evidence, undertakes to speak the truth.
2. Witnesses are heard in person at a hearing, subject to the measures provided for in section 68 or in the Rules of Procedure and Evidence. The Court may also authorize a witness to present an oral statement or video or audio record, and to submit written documents or transcripts, subject to the provisions of this Statute and in accordance with the Rules of Procedure and Evidence. Such measures should not be injurious or contrary to the rights of defence.
3. The parties may present relevant evidence for the case in accordance with section 64. The Court has the power to request the submission of all evidence that it considers necessary for the manifestation of the truth.
4. The Court may decide on the relevance and admissibility of any evidence in accordance with the Rules of Procedure and Evidence, taking into account, inter alia, the probative value of this evidence and the possibility that it would affect the fairness of the trial or a fair assessment of the testimony of a witness.
5. The Court shall respect the rules of confidentiality as set out in the Rules of Procedure and Evidence.
6. The Court does not require proof of the facts that are notorious, but sets out its judicial record.
7. Evidence obtained by means of violating this Statute or internationally recognized human rights is not admissible:
(a) If the violation seriously questions the credibility of the evidence; or
(b) If the admission of these evidence would be likely to jeopardize the proceedings and seriously affect its integrity.
8. When deciding on the relevance or admissibility of evidence gathered by a State, the Court does not rule on the application of the national legislation of that State.
Rule 70
ATTEINTS TO THE ADMINISTRATION OF JUSTICE
1. The Court has jurisdiction to hear the following breaches of its administration of justice when committed intentionally:
(a) False testimony of a person who has committed to telling the truth under section 69, paragraph 1^er;
(b) Production of false or falsified evidence in the knowledge of cause;
(c) Subornation of witnesses, manoeuvres to prevent a witness from appearing or testifying freely, reprisals against a witness because of his or her testimony, destruction or falsification of evidence, or hinders the gathering of such evidence;
(d) Intimidation of a member or agent of the Court, obstructs its action or traffic of influence in order to bring it, by coercion or persuasion, not to exercise its functions or not to exercise them as appropriate;
(e) Remedies against a member or officer of the Court due to the duties of the member or agent;
(f) Claim or acceptance of an unlawful retribution by a member or agent of the Court as part of his or her official duties.
2. The principles and procedures governing the exercise by the Court of its jurisdiction over infringements of the administration of justice under this section are set out in the Rules of Procedure and Evidence. The modalities of international cooperation with the Court in the implementation of the provisions of this article are governed by the national legislation of the requested State.
3. In the event of a conviction, the Court may impose a prison sentence not exceeding five years, or a fine provided for in the Rules of Procedure and Evidence, or both.
4. (a) States Parties shall extend the provisions of their criminal law that punish violations of the integrity of their investigative procedures or judicial system to infringements of the administration of justice under this article committed in their territory, or by one of their nationals;
(b) At the request of the Court, a State Party shall seize its competent authorities for prosecution whenever it deems it appropriate. These authorities deal with the files that are dealt with expeditiously by devoting the means necessary for effective action.
Rule 71
SANCTIONS FOR INCONDUCEMENT IN AUDIENCE
1. The Court may punish the misconduct at the hearing, including the disruption of the hearing or the deliberate refusal to follow its instructions, by administrative measures other than imprisonment, such as the temporary or permanent expulsion of the court, a fine or other similar measures provided for in the Rules of Procedure and Evidence.
2. The sanctions regime in paragraph 1^er is set out in the Rules of Procedure and Evidence.
Rule 72
PROTECTION OF INFORMATION
TOUCHANT TO NATIONAL SECURITY
1. This article applies in all cases where the disclosure of information or documents of a State would affect, in the opinion of that State, the interests of its national security. These cases are, in particular, those which fall under Article 56, paragraphs 2 and 3, Article 61, paragraph 3, Article 64, paragraph 3, Article 67, paragraph 2, Article 68, paragraph 6, Article 87, paragraph 6, and Article 93, as well as cases, at any other stage of the proceedings, where such disclosure may be in question.
2. This article also applies where a person who has been invited to provide information or evidence has refused to do so or referred to the State on the grounds that their disclosure would affect the interests of a State in respect of national security and where that State confirms that, in its opinion, the disclosure of this information would affect the interests of its national security.
3. Nothing in this section shall affect the confidentiality standards applicable under section 54, paragraph 3, subparagraphs (e) and (f), or the application of section 73.
4. If a State learns that information or documents of the State are or will likely be disclosed at any stage of the proceedings, and if it considers that such disclosure would affect the interests of its national security, that State has the right to intervene in order to obtain the settlement of the matter according to the provisions of this article.
5. Where a State considers that the disclosure of information would affect the interests of its national security, it shall, in liaison with the Prosecutor, the defence, the Pre-Trial Chamber or the Trial Chamber, as the case may be, take all reasonable measures to find a solution through the consultation. These measures may include:
(a) Amend or specify the application;
(b) Determine by the Court the question of the relevance of the requested information or evidence, or whether the evidence, although relevant, could be or have been obtained from a source other than the requested State;
(c) Obtain information or evidence from another source or in a different form; or
(d) Find an agreement on the conditions under which assistance could be provided, including through the provision of summaries or corrected versions, the imposition of restrictions on disclosure, the use of closed or ex parte proceedings, or the application of other protective measures authorized by the Statute or the Rules of Procedure and Evidence.
6. Where all reasonable steps have been taken to resolve the matter through consultation and the State considers that there are no means or conditions that would permit it to disclose or disclose information or documents without prejudice to the interests of its national security, it shall notify the Prosecutor or the Court of the matter by indicating the specific reasons that have led to that conclusion, unless a specific statement of these reasons necessarily affects the interests of the State.
7. Subsequently, if the Court determines that the evidence is relevant and necessary to establish the guilt or innocence of the accused, it may take the following steps:
(a) Where the disclosure of the information or document is sought in the context of a request for cooperation under Chapter IX or in the circumstances described in paragraph 2, and the State has invoked the ground of refusal referred to in Article 93, paragraph 4:
(i) The Court may, before drawing the conclusion referred to in paragraph 7, subparagraph (a) (ii), request further consultations to examine the State's observations, including, where appropriate, the holding of closed and ex parte hearings;
(ii) If the Court concludes that, invoking the ground of refusal set out in article 93, paragraph 4, in the circumstances of the case, the requested State shall not act in accordance with its obligations under this Statute, it may refer the matter in accordance with article 87, paragraph 7, specifying the reasons for its conclusion; and
(iii) The Court may draw any conclusion that it considers appropriate in this case, when it considers the accused, as to the existence or non-existence of a fact; or
(b) In all other circumstances:
(i) Ordering disclosure; or
(ii) To the extent that it does not order disclosure, draw any conclusion that it considers appropriate in this case, when it considers the accused, as to whether or not a fact exists.
Rule 73
INFORMATION OR DOCUMENTS REQUESTS
If a State Party is required by the Court to provide a document or information in its possession, custody or control that has been communicated to it in confidence by a State, an intergovernmental organization or an international organization, the State Party shall apply to the State whose information or document it holds the authorization to disclose it. If the person who has communicated the information or the document is a State Party, he or she consents to the disclosure of the information or document, or endeavours to resolve the matter with the Court, subject to the provisions of Article 72. If the person who has communicated the information or the document is not a State Party and refuses to consent to the disclosure, the requested State shall inform the Court that it is not in a position to provide the document or information because of a pre-existing obligation of confidentiality with respect to the person to whom it holds it.
Rule 74
DECISION CONDITIONS
1. All judges of the Trial Chamber attend each stage of the trial and the entire proceedings. The Presidency may designate, on a case-by-case basis, one or more alternate judges, depending on availability, to attend all phases of the trial and replace a member of the Trial Chamber who may not continue to serve.
2. The Trial Chamber bases its decision on its assessment of the evidence and on all proceedings. Its decision cannot go beyond the facts and circumstances described in the charges and amendments to them. It is based exclusively on evidence produced and examined at trial.
3. The judges try to make their decision unanimously, because they do not make it by majority.
4. The proceedings of the Trial Chamber are and remain secret.
5. The decision is in writing. It contains a complete and motivated statement of Trial Chamber findings on evidence and conclusions. It's only one decision. If there is no unanimity, the decision contains the views of the majority and the minority. It is read out the decision or its summary in public hearing.
Rule 75
REPARATION IN FAVORATION OF VICTIMS
1. The Court establishes principles applicable to forms of reparation, such as restitution, compensation or rehabilitation, to be granted to victims or their beneficiaries. On this basis, the Court may, on request, or on its own basis in exceptional circumstances, determine in its decision the extent of the damage, loss or injury to victims or their beneficiaries, indicating the principles on which it bases its decision.
2. The Court may make an order against a convicted person indicating the appropriate compensation to victims or their beneficiaries. This repair may take the form of restitution, compensation or rehabilitation.
Where applicable, the Court may decide that the compensation granted as compensation is paid through the Fund referred to in section 79.
3. Before making an order under this article, the Court may, and shall take into account, request the comments of the convicted person, victims, other interested persons or interested States, and the comments made on behalf of such persons or States.
4. When exercising the power conferred on it by this section and after a person has been found guilty of a crime within the jurisdiction of the Court, the Court may determine whether it is necessary, in order to give effect to the orders made under this section, to request action under section 93, paragraph 1^er.
5. States Parties shall enforce the decisions taken under this Article as if the provisions of Article 109 were applicable to this Article.
6. The provisions of this article shall be in agreement without prejudice to the rights recognized by domestic law or international law to victims.
Rule 76
PRONONCE DE LA PEINE
1. In the event of a conviction, the Trial Chamber shall determine the sentence to be applied taking into account the relevant conclusions and evidence presented at the trial.
2. Except in cases where section 65 applies and before the end of the trial, the Trial Chamber may, at the request of the Prosecutor or the accused, hold an additional hearing to hear any new findings and any new evidence relevant to the determination of the sentence in accordance with the Rules of Procedure and Evidence.
3. Where subsection 2 applies, the Trial Chamber shall hear the comments set out in section 75 during the additional hearing referred to in subsection 2 and, if necessary, during any new hearing.
4. The sentence is pronounced in a public hearing and, where possible, in the presence of the accused.
CHAPTER VII. - PEINE
Rule 77
APPLICABLE PEINES
1. Subject to section 110, the Court may impose one of the following penalties on a person convicted of a crime referred to in article 5 of this Statute:
(a) A maximum of 30 years ' imprisonment; or
(b) A life sentence, if the extreme seriousness of the crime and the personal situation of the convicted person justify it.
2. The Court may add:
(a) A fine established according to the criteria set out in the Rules of Procedure and Evidence;
(b) The confiscation of profits, property and assets derived directly or indirectly from the crime, without prejudice to the rights of third parties in good faith.
Rule 78
FIXATION OF THE PEINE
1. In setting the sentence, the Court shall take into account, in accordance with the Rules of Procedure and Evidence, such considerations as the seriousness of the crime and the personal situation of the convicted person.
2. When serving a sentence of imprisonment, the Court deducts the time that the convicted person spent on his order in detention. It can also deduct any other period of detention due to a crime-related behaviour.
3. When a person is found guilty of several crimes, the Court imposes a sentence for each crime and a single sentence indicating the total length of imprisonment. This period may not be less than that of the heaviest individual sentence and may not exceed 30 years or that of the life sentence provided for in article 77, paragraph 1^er(b)
Rule 79
FONDS AU PROFIT DES VICTIMES
1. A fund shall be established, by a decision of the Assembly of States Parties, for the benefit of victims of crimes under the jurisdiction of the Court and their families.
2. The Court may order that the proceeds of fines and any other property confiscated be paid to the fund.
3. The fund is managed according to the principles established by the Assembly of States Parties.
Rule 80
THE STATUS, THE APPPLICATION OF PEOPLES
AND NATIONAL LAW
Nothing in this chapter affects the application by States of the penalties provided for in their domestic law, or the application of the law of States that do not provide for the penalties provided for in this chapter.
CHAPTER VIII. - APPEL AND REVISION
Rule 81
APPEL DECISION ON CULPABILITY OR PEINA
1. A decision under section 74 may be appealed in accordance with the Rules of Procedure and Evidence as follows:
(a) The Prosecutor may appeal for one of the following reasons:
(i) Vice-procedure;
(ii) De facto error;
(iii) Legal error;
(b) The person convicted, or the Prosecutor on behalf of that person, may appeal for any of the following reasons:
(i) Vice-procedure;
(ii) De facto error;
(iii) Legal error;
(iv) Any other reason that would compromise the fairness or regularity of the proceedings or the decision.
2. (a) The Prosecutor or the convict may, in accordance with the Rules of Procedure and Evidence, appeal against the sentence imposed on the grounds of disproportion between the prosecutor and the crime;
(b) If, on the occasion of an appeal against the sentence handed down, the Court considers that there are grounds that could justify the annulment of all or part of the decision on guilt, it may invite the Prosecutor and the convicted person to invoke the reasons set out in article 81, paragraph 1^er, subparagraphs (a) or (b), and decide on the decision on guilt in accordance with section 83;
(c) The same procedure shall apply if, on the occasion of an appeal involving only the decision on guilt, the Court considers that there are grounds for a reduction of the sentence under paragraph 2 (a).
3. (a) Unless the Trial Chamber decides otherwise, the convicted person remains detained during the appeal proceedings;
(b) When the length of detention exceeds the length of the sentence imposed, the person convicted shall be released; However, if the Prosecutor also appeals, release may be subject to the conditions set out in paragraph (c) below;
(c) In case of acquittal, the accused is immediately released, subject to the following conditions:
(i) In exceptional circumstances, and depending, in particular, on the risk of escape, the seriousness of the offence and the chances of the appeal being concluded, the Trial Chamber may, at the request of the Prosecutor, order the detention of the accused during the appeal proceedings;
(ii) The decision of the Trial Chamber under subparagraph (c), (i) is subject to appeal in accordance with the Rules of Procedure and Evidence.
4. Subject to the provisions of paragraph 3, subparagraphs (a) and (b), it shall be suspended from the execution of the decision on guilt or punishment during the period of appeal and during the appeal proceedings.
Rule 82
OTHER DECISIONS
1. Either party may appeal, in accordance with the Rules of Procedure and Evidence, one of the following decisions:
(a) Decision on jurisdiction or admissibility;
(b) Decision granting or refusing the release of the person under investigation or prosecution;
(c) Pre-Trial Chamber's decision to act on its own initiative under section 56, paragraph 3;
(d) Decision raising a question of a substantial impact on the fair and expeditious conduct of the proceedings or the outcome of the proceedings, and whose immediate resolution by the Appeals Chamber may, in the opinion of the Pre-Trial Chamber or the Trial Chamber, make substantial progress in the proceedings.
2. The decision of the Pre-Trial Chamber referred to in Article 57, paragraph 3, subparagraph (d), is subject to appeal by the State concerned or the Prosecutor, with the authorization of the Pre-Trial Chamber. This appeal is reviewed on an expedited basis.
3. The appeal shall have suspensive effect only if the Appeals Chamber orders it upon request in accordance with the Rules of Procedure and Evidence.
4. The legal representative of the victims, the convicted person or the owner of a property affected by an order made under section 75 may appeal the order in accordance with the Rules of Procedure and Evidence.
Rule 83
EPA PROCEDURE
1. For the purposes of the proceedings referred to in Article 81 and this Article, the Appeals Chamber shall have all the powers of the Trial Chamber.
2. If the Appeals Chamber finds that the appeal proceedings are voided to the extent that the decision or sentence is violated, or that the decision or sentence that is the subject of the appeal is seriously infringed by an error of fact or law, it may:
(a) Cancel or amend the decision or sentence; or
(b) Order a new trial before a different Trial Chamber.
For these purposes, the Appeals Chamber may refer a matter of fact to the Trial Chamber initially before the Trial Chamber so that the Trial Chamber may decide and report to the Trial Chamber, or may itself request evidence to determine the matter. Where only the convicted person, or the Prosecutor on his behalf, has appealed the decision or sentence, the decision cannot be amended to its detriment.
3. If, as part of the appeal of a conviction, the Appeals Chamber finds that the sentence is disproportionate to the crime, it may amend it in accordance with Chapter VII.
4. The decision of the Appeals Chamber was adopted by a majority of the judges and rendered in public hearings. He's motivated. When there is no unanimity, it contains the views of the majority and the minority, but a judge may present an individual opinion or a dissenting opinion on a matter of law.
5. The Appeals Chamber may render its judgment in the absence of the person acquitted or convicted.
Rule 84
REVISION OF A DECISION ON CULPABILITY OR PEINA
1. The person convicted or, if he or she has died, his or her spouse, children, parents or any person living at the time of his or her death whom he or she has expressly ordered for that purpose, or the Prosecutor acting on behalf of that person, may appeal to the Appeals Chamber for a review of the final decision on guilt or punishment for the following reasons:
(a) It was discovered a new fact that:
(i) Was not known at the time of the trial without this circumstance being imputed, in whole or in part, to the appellant; and
(ii) If it had been established at the trial, it would likely have led to a different verdict;
(b) It was discovered that a decisive evidence, held at trial and on the basis of which guilt was established, was false, counterfeit or falsified;
(c) One or more of the judges who participated in the guilty decision or who confirmed the charges committed in this case an act constituting a heavy fault or a breach of their duties of sufficient gravity to justify that they are relieved of their duties under section 46.
2. The Appeals Chamber rejects the request if it considers it unfounded. If it considers that the request is based on valid grounds, it may, as appropriate:
(a) Reunite the Trial Chamber, which rendered the initial judgment;
(b) Constitute a new Trial Chamber; or
(c) Stay seized of the case,
to determine, after hearing the parties in accordance with the terms and conditions set out in the Rules of Procedure and Evidence, whether the judgment must be revised.
Rule 85
INDEMNISATION OF ARRETE or CONDAMNE PERSONS
1. Anyone who has been subjected to unlawful arrest or detention has the right to compensation.
2. When a final conviction is subsequently annulled because a new or newly revealed fact proves that a judicial error has occurred, the person who has suffered a sentence because of the conviction is compensated in accordance with the law, unless it is proven that the non-revealing in due course of the unknown fact is attributable to him in whole or in part.
3. In exceptional circumstances, if the Court finds, in the light of probative facts, that a serious and manifest judicial error has been committed, it may, at its discretion, grant compensation in accordance with the criteria set out in the Rules of Procedure and Evidence to a person who had been detained and released as a result of a final acquittal or because he was terminated the proceedings on that ground.
CHAPTER IX. - INTERNATIONAL COOPERATION AND JUDICIARY ASSISTANCE
Rule 86
GENERAL OBLIGATION OF COOPERER
In accordance with the provisions of this Statute, States Parties shall cooperate fully with the Court in the investigation and prosecution of crimes within its jurisdiction.
Rule 87
REQUESTS OF COOPERATION: GENERAL PROVISIONS
1. (a) The Court is empowered to apply for cooperation to States Parties. Such requests shall be transmitted by diplomatic means or by any other appropriate means that each State Party elects at the time of ratification, acceptance or approval of this Statute or accession to it.
Any subsequent modification of the route of transmission shall be made by each State Party in accordance with the Rules of Procedure and Evidence.
(b) Where applicable, and without prejudice to the provisions of paragraph (a), applications may also be transmitted by the International Criminal Police Organization (INTERPOL) or by any competent regional organization.
2. Requests for cooperation and supporting documentation are either written in an official language of the requested State or accompanied by a translation into that language, either in one of the working languages of the Court or accompanied by a translation into one of those languages, according to the choice made by the requested State at the time of ratification, acceptance or approval of this Statute or accession to it.
Any subsequent modification of this choice shall be made in accordance with the Rules of Procedure and Evidence.
3. The requested State shall respect the confidential nature of requests for cooperation and supporting documents, except to the extent that their disclosure is necessary to comply with the request.
4. With regard to requests for assistance under this chapter, the Court may take, in particular with regard to the protection of information, measures that may be necessary to ensure the safety and physical or psychological well-being of victims, potential witnesses and members of their families. The Court may request that any information provided under this chapter be communicated and treated in such a way that the safety and physical or psychological well-being of victims, potential witnesses and members of their families are preserved.
5. (a) The Court may invite any State not party to this Statute to provide assistance under this chapter on the basis of an ad hoc arrangement or agreement with that State or on any other appropriate basis.
(b) If, having entered into an ad hoc arrangement or agreement with the Court, a State not a party to this Statute does not provide the assistance requested under this arrangement or agreement, the Court may inform the Assembly of States Parties, or the Security Council when it is the Assembly that has seized it.
6. The Court may request information or documents from any intergovernmental organization. It may also seek other forms of cooperation and assistance that it has agreed with an intergovernmental organization that are in accordance with its competence or mandate.
7. If a State Party fails to accede to a request for cooperation by the Court contrary to the provisions of this Statute, and thus prevents it from exercising the functions and powers conferred on it by this Statute, the Court may take note of it and refer it to the Assembly of States Parties or to the Security Council when it has seized it.
Rule 88
PROCEDURES DISPONIBLES SELON LA LEGISLATION NATIONALE
States Parties shall ensure that the procedures in their national legislation permit the realization of all forms of cooperation referred to in this chapter.
Rule 89
REMISE OF PERSONAL CERTAINIES
1. The Court may submit to any State in whose territory a person is likely to apply, together with the supporting documents set out in article 91, that the person be arrested and handed over to him, and shall seek the cooperation of that State for the arrest and surrender of the person. States Parties shall comply with any request for arrest and surrender in accordance with the provisions of this chapter and the procedures provided for in their national legislation.
2. Where a person whose surrender is sought has a national jurisdiction of a dispute based on the principle ne bis in idem, as provided for in Article 20, the requested State shall immediately consult the Court to determine whether there has been a decision on admissibility in this case. If it has been decided that the case is admissible, the requested State shall proceed with the application. If the decision on admissibility is pending, the requested State may defer the enforcement of the application until the Court has ruled.
3. (a) States Parties shall permit the carriage through their territory, in accordance with the procedures provided for in their national legislation, of any person transferred to the Court by another State, except in cases where transit through their territory would hinder or delay the surrender.
(b) A transit request is transmitted by the Court in accordance with Article 87. It contains:
(i) Reporting of the person being transported;
(ii) A brief description of the facts and their legal qualification; and
(iii) The arrest and surrender warrant;
(c) The transported person remains detained during transit.
(d) No authorization is required if the person is transported by air and no landing is scheduled in the territory of the transit State.
(e) If an unforeseen landing takes place in the territory of the transit State, the transit State may require the Court to file a request for transit in the forms prescribed in paragraph (b). The transit State places the person transported in custody until the receipt of the transit request and the actual completion of the transit. However, detention under this paragraph may not extend beyond 96 hours after the unforeseen landing if the request is not received within that period.
4. If the person claimed is prosecuted or is serving a sentence in the State required for a crime different from that for which the person's surrender to the Court is requested, that State, after having decided to access the Court's request, consults the Court.
Rule 90
REQUESTS
1. If a State Party receives from the Court, in accordance with Article 89, an application for surrender and otherwise receives an application from any other State for the extradition of the same person for the same conduct, which constitutes the basis of the crime for which the Court requests the surrender of that person, it shall notify the Court and the requesting State.
2. When the requesting State is a State Party, the requested State gives priority to the Court's request:
(a) If the Court has decided, pursuant to Articles 18 or 19, that the case concerning the request for surrender is admissible in the light of the investigation or prosecution of the requesting State in relation to the request for extradition of the requesting State; or
(b) If the Court makes the decision referred to in paragraph (a) following the notification made by the requested State pursuant to paragraph 1^er.
3. Where the Court has not taken the decision referred to in paragraph 2, subparagraph (a), the requested State may, if it so wishes, begin to instruct the application for extradition of the requesting State pending the decision of the Court as provided for in paragraph (b). He does not extradite the person until the Court found the case inadmissible. The Court shall decide on an expedited procedure.
4. If the requesting State is a State not a party to this Statute, the requested State, if it is not bound by an international obligation to extradite the person concerned to the requesting State, shall give priority to the request for surrender of the Court, if it has found that the case is admissible.
5. When a case under paragraph 4 has not been deemed admissible by the Court, the requested State may, if it so wishes, begin to instruct the request for extradition of the requesting State.
6. In cases where paragraph 4 applies but the requested State is bound by an international obligation to extradite the person to the requesting State, the requested State shall determine whether the person must be returned to the Court or extradited to the requesting State. In its decision, it takes into account all relevant considerations, including:
(a) The chronological order of applications;
(b) The interests of the requesting State, in particular, where appropriate, the fact that the crime was committed in its territory and the nationality of the victims and the person claimed; and
(c) The possibility that the Court and the requesting State subsequently reach an agreement concerning the surrender of that person.
7. If a State Party receives from the Court an application for surrender and also receives from another State a request for extradition of the same person for a different conduct than that which constitutes the crime for which the Court requests surrender:
(a) The requested State shall give priority to the Court's request if it is not bound by an international obligation to extradite the person to the requesting State;
(b) If it is bound by an international obligation to extradite the person to the requesting State, the requested State shall either surrender that person to the Court or extradite him to the requesting State. In its choice, it takes into account all relevant considerations, including those set out in paragraph 6, but attaches particular importance to the nature and relative gravity of the conduct in question.
8. When, following a notification received under this article, the Court found a case inadmissible and the extradition to the requesting State is subsequently refused, the requested State shall notify the Court of that decision.
Rule 91
CONTENTS OF REQUEST AND REMISE
1. A request for arrest and surrender is made in writing. In the event of an emergency, it may be made by any means leaving a written record, provided that it is confirmed in accordance with the terms set out in section 87, paragraph 1^er(a)
2. If the application concerns the arrest and surrender of a person subject to an arrest warrant issued by the Pre-Trial Chamber under section 58, it shall contain or be accompanied by a record containing the following supporting documents:
(a) The indication of the wanted person, sufficient to identify him, and information on the place where he is likely to be found;
(b) A copy of the arrest warrant; and
(c) Documents, declarations and information that may be required in the requested State to proceed with the surrender; However, the requirements of the requested State must not be heavier in that case than in the requests for extradition submitted pursuant to treaties or arrangements between the requested State and other States and should, if possible, be less, in view of the particular character of the Court.
3. If the application concerns the arrest and surrender of a person who has already been convicted, it contains or is accompanied by a record containing the following supporting documents:
(a) A copy of any arrest warrant for that person;
(b) A copy of the judgment;
(c) Information certifying that the person sought is the person referred to in the judgment; and
(d) If the wanted person has been sentenced to a sentence, a copy of the conviction, with, in the case of a prison sentence, an indication of the time already completed and the time remaining to be fulfilled.
4. At the request of the Court, a State Party shall consult with the Court, either in general or in connection with a particular issue, on the conditions provided for in its domestic legislation which may apply in accordance with paragraph 2 (c). During these consultations, the State Party shall inform the Court of the specific requirements of its legislation.
Rule 92
ARRESTATION PROVISOIRE
1. In the event of an emergency, the Court may request the provisional arrest of the person sought pending the submission of the request for surrender and the supporting documents referred to in section 91.
2. The request for provisional arrest is made by any means leaving a written record and contains:
(a) The indication of the wanted person, sufficient to identify him, and information on the place where he is likely to be found;
(b) The summary statement of the crimes for which the person is sought and the facts that would constitute such crimes, including, if possible, the date and location of such crimes;
(c) A statement affirming the existence of a warrant of arrest or a judgment establishing guilt against the wanted person; and
(d) A statement indicating that a request for surrender of the wanted person will follow.
3. A provisionally arrested person may be released if the requested State has not received the request for surrender and the supporting documents referred to in article 91 within the time limit prescribed by the Rules of Procedure and Evidence. However, this person may consent to be surrendered before the expiry of this period if the law of the requested State permits it. In this case, the requested State shall proceed as soon as possible to surrender it to the Court.
4. The release of the wanted person referred to in paragraph 3 shall be without prejudice to his subsequent arrest and release if the request for surrender with the supporting documents is subsequently submitted.
Rule 93
OTHER COOPERATION FORMS
1. States Parties shall, in accordance with the provisions of this chapter and the procedures provided for in their national legislation, grant requests for assistance from the Court relating to an investigation or prosecution and concerning:
(a) Identification of a person, location or location of property;
(b) The gathering of evidence, including affidavits, and the production of evidence, including the expertise and reports required by the Court;
(c) Interrogation of persons investigated or prosecuted;
(d) The meaning of documents, including procedural documents;
(e) Measures to facilitate voluntary appearance before the Court of persons who are witnesses or experts;
(f) Temporary transfer of persons under paragraph 7;
(g) Examination of localities or sites, including exhumation and examination of corpses buried in mass graves;
(h) The execution of searches and seizures;
(i) The transmission of records and documents, including official records and documents;
(j) Protection of victims and witnesses and preservation of evidence;
(k) Identification, location, freezing or seizure of proceeds of crimes, property, assets and instruments related to crimes, for the purpose of their possible confiscation, without prejudice to the rights of third parties in good faith; and
(l) Any other form of assistance not prohibited by the required State legislation to facilitate investigation and prosecution of crimes within the jurisdiction of the Court.
2. The Court is empowered to provide to a witness or an expert appearing before it the assurance that he will not be prosecuted, detained or subjected by him to any restriction of his personal liberty for an act or omission prior to his departure from the requested State.
3. If the performance of a particular assistance measure described in an application under subsection 1^er is prohibited in the requested State under a fundamental legal principle of general application, the said State shall promptly consult with the Court in an attempt to resolve the matter. During these consultations, it is envisaged to provide the assistance requested in another form or under certain conditions. If the matter is not resolved after the consultations, the Court amends the application.
4. In accordance with Article 72, a State Party may not reject, in whole or in part, a request for assistance from the Court unless the purpose of the request is to produce documents or to disclose evidence that affects its national security.
5. Before rejecting a request for assistance referred to in paragraph 1^er, subparagraph (l), the requested State shall determine whether the assistance may be provided under certain conditions, or may be provided subsequently or in any other form, provided that, if the Court or the Prosecutor accept these conditions, they are required to observe them.
6. The requested State that rejects a request for assistance shall state without delay its reasons to the Court or the Prosecutor.
7. (a) The Court may request the temporary transfer of a detained person for identification or for testimony or other forms of assistance. This person may be transferred if the following conditions are met:
(i) The person freely and knowingly consents to the transfer; and
(ii) The requested State shall give its consent to the transfer, subject to the conditions that this State and the Court may agree.
(b) The transferred person remains detained. Once the purpose of the transfer is reached, the Court shall forthwith return this person to the requested State.
8. (a) The Court shall preserve the confidential nature of the documents and information collected, except to the extent necessary for the investigation and the procedures described in the application.
(b) The requested State may, if necessary, disclose documents or information to the Prosecutor in confidence. The Prosecutor can only use them to collect new evidence.
(c) The requested State may, either ex officio or at the request of the Prosecutor, subsequently authorize the disclosure of such documents or information. They may then be used as evidence in accordance with the provisions of Chapters V and VI and the Rules of Procedure and Evidence.
9. (a) (i) If a State Party receives, on the one hand, from the Court and, on the other hand, from another State under an international obligation, competing applications having a different object than surrender or extradition, it shall endeavour, in consultation with the Court and that other State, to be entitled to both applications, if necessary by differentiating one or the other or by subordinating it to certain conditions.
(ii) Otherwise, the competition of applications is resolved in accordance with the principles established in Article 90.
(b) However, where the Court's request concerns information, property or persons under the authority of a third State or an international organization pursuant to an international agreement, the requested State shall inform the Court of that information and shall address its application to the third State or to the international organization.
10. (a) If it receives a request in this regard, the Court may cooperate with the State Party conducting an investigation or trial concerning conduct that constitutes a crime within the jurisdiction of the Court or a serious crime under the domestic law of that State, and provide assistance to that State.
(b) (i) Such assistance includes:
a. The transmission of evidence, documents and other evidence collected during an investigation or trial conducted by the Court; and
b. Interrogation of any person held by order of the Court;
(ii) In the case referred to in subparagraph (a) of subparagraph (b), (i):
a. The transmission of documents and other evidence obtained with the assistance of a State requires the consent of that State;
b. The transmission of evidence, documents and other evidence provided by a witness or expert shall be in accordance with the provisions of section 68.
(c) The Court may, under the conditions set out in this paragraph, apply for assistance from a State that is not a party to this Statute.
Rule 94
SURSIS A EXECUTION OF A REQUEST FOR EASY OR FOREIGN IN COURSE
1. If the immediate execution of an application was to adversely affect the proper conduct of the investigation or prosecution in a different case than the one to which the application relates, the requested State may suspend the execution of the inquiry for a specified period of time in agreement with the Court. However, this stay does not last more than it is necessary to complete the investigation or prosecution in the requested State. Before deciding to stay on the application, the requested State shall consider whether the assistance may be provided immediately under certain conditions.
2. If the decision is taken to suspend the application pursuant to paragraph 1^erthe Prosecutor may, however, request measures to preserve evidence under section 93, paragraph 1^er(j)
Rule 95
SURSIS A EXECUTION OF A REQUEST IN RAISON D'UNE EXCEPTION D'IRRECEVABILITE
Where the Court considers an exception to inadmissibility pursuant to articles 18 or 19, the requested State may suspend the execution of an application under this chapter until the Court has ruled, unless the Court has expressly decided that the Prosecutor may continue to collect evidence pursuant to articles 18 or 19.
Rule 96
ASSISTANCE OF AN PORTANT REQUEST ON OTHER COOPERATION FORMS TO ARTICLE 93
1. An application on other forms of cooperation referred to in section 93 is made in writing. In the event of an emergency, it may be made by any means leaving a written record, provided that it is confirmed in the manner set out in section 87, paragraph 1^er(a)
2. The application contains or is accompanied by a file containing the following:
(a) The summary statement of the subject matter of the application and the nature of the requested assistance, including the legal basis and reasons for the application;
(b) as detailed information as possible on the person or place to be identified or located so that the requested assistance can be provided;
(c) A summary of the essential facts that warrant the application;
(d) The explanation of the reasons and the detailed explanation of the procedures or conditions to be met;
(e) any information that may be required by the law of the requested State to be applied to the application; and
(f) Any other useful information so that the requested assistance can be provided.
3. At the request of the Court, a State Party shall consult with the Court, either in general or in connection with a particular matter, on the conditions provided for in its legislation which may apply as provided for in paragraph 2, subparagraph (e). During these consultations, the State Party shall inform the Court of the specific requirements of its legislation.
4. The provisions of this Article shall also apply, if any, to a request for assistance addressed to the Court.
Rule 97
CONSULTATIONS
When a State Party is seized of an application under this chapter and finds that it raises difficulties that might hinder or prevent its execution, it shall consult with the Court without delay with a view to resolving the matter. These difficulties may include:
(a) The information is not sufficient to respond to the request;
(b) In the case of a request for remission, the person claimed remains unsuccessful despite all efforts, or the research found that the person in the requested State is clearly not the one for the warrant; or
(c) The requested State would be obliged, in response to the application in its current form, to violate a treaty obligation that it already has with respect to another State.
Rule 98
COOPERATION IN RELATION WITH RENONCIATION
IMMUNITY AND CONSENTATION TO THE
1. The Court may not pursue the execution of a request for surrender or assistance that would compel the requested State to act in a manner incompatible with its obligations under international law in respect of the immunity of States or diplomatic immunity of a person or property of a third State, unless it obtains the cooperation of that third State in order to lift immunity.
2. The Court may not pursue the execution of a request for remission that would compel the requested State to act in a manner incompatible with its obligations under international agreements that the consent of the sending State is necessary in order to give the Court a person under that State, unless the Court may first obtain the cooperation of the sending State so that it consents to the remission.
Rule 99
EXECUTION OF REQUESTS
ARTICLES 93 AND 96
1. The requested State shall respond to requests for assistance in accordance with the procedure provided for in its legislation and, unless such legislation prohibits it, in the manner specified in the application, including by applying any procedure specified in the application or by authorizing persons to be present and to participate in the execution of the application.
2. In the event of an urgent request, the documents or evidence produced to respond to them shall, at the request of the Court, be sent urgently.
3. The replies of the requested State are communicated in their original language and form.
4. Without prejudice to the other articles of this chapter, where it is necessary to effectively execute an application to which it may be carried out without resorting to coercive measures, in particular when it comes to hearing or having to file a person acting on his or her own free will, including outside the presence of the authorities of the requested State Party when it is decisive for the proper execution of the request, or when it is a matter of inspecting a public site or another
(a) Where the requested State is the State in whose territory it is alleged that the crime has been committed and that there has been a decision on admissibility as provided for in articles 18 or 19, the Prosecutor may direct the application, after having conducted consultations with the requested State as wide as possible;
(b) In the other cases, the Prosecutor may carry out the request after consultations with the requested State Party and in the light of the reasonable conditions or concerns that the State may have raised. When the requested State finds that the execution of an application under this paragraph raises difficulties, it shall immediately consult the Court with a view to remedying it.
5. The provisions authorizing the person heard or interrogated by the Court under section 72 to invoke the restrictions to prevent the disclosure of confidential information relating to national security also apply to the execution of requests for assistance under this section.
Rule 100
DEPENSES
1. The ordinary expenses for the execution of requests in the territory of the requested State shall be borne by that State, with the exception of the following costs, which shall be borne by the Court:
(a) Travel and protection of witnesses and experts or transfer of detainees under section 93;
(b) Translation, interpretation and transcript fees;
(c) Travel and residence of judges, the Prosecutor, Deputy Prosecutors, the Registrar, the Deputy Registrar and staff of all organs of the Court;
(d) Cost of expertise or reports requested by the Court;
(e) Expenses related to the transport of persons handed over to the Court by the State of detention; and
(f) After consultation, any extraordinary expenses that may result in the execution of an application.
2. The provisions of paragraph 1^er applies, as appropriate, to requests addressed to the Court by the States Parties. In this case, the Court shall pay the ordinary costs of execution.
Rule 101
REGLE OF THE SPECIALITY
1. A person handed over to the Court under this Statute may not be prosecuted, punished or detained on account of any behaviour prior to his or her surrender, unless they are constituting the crimes for which he or she has been handed over.
2. The Court may request from the State which has given a person an exemption from the conditions laid down in paragraph 1^er. It shall provide additional information as necessary in accordance with section 91. States Parties are empowered to grant an exemption to the Court and shall endeavour to do so.
Rule 102
EMPLOYMENT OF TERMS
For the purposes of this Statute:
(a) It is understood by "remise" the fact that a State may deliver a person to the Court under this Statute.
(b) "extradition" means the fact for a State to deliver a person to another State under a treaty, convention or national legislation.
CHAPTER X. - EXECUTION
Rule 103
ROLE OF ETATS IN THE EXECUTION OF PEINES
1. (a) Imprisonment sentences are carried out in a State designated by the Court on the list of States that informed it that they were willing to receive convicted prisoners.
(b) When a State declares that it is willing to receive convicts, a State may impose conditions that must be approved by the Court and be in conformity with the provisions of this chapter.
(c) The State designated in a particular case shall promptly notify the Court whether or not it accepts its designation.
2. (a) The enforcement State shall notify the Court of any circumstance, including the fulfilment of any condition agreed under paragraph 1^er, which would significantly alter the conditions or duration of detention. The Court shall be notified at least 45 days in advance of any circumstances of this known or foreseeable type. During this period, the enforcement State shall not take any action that may be contrary to its obligations under Article 110;
(b) If the Court cannot accept the circumstances referred to in paragraph (a) , it shall notify the State responsible for enforcement and shall proceed in accordance with Article 104, paragraph 1.
3. When exercising its designation authority in accordance with paragraph 1^erthe Court shall consider:
(a) The principle that States Parties shall share responsibility for the execution of prison sentences in accordance with the principles of equitable distribution set out in the Rules of Procedure and Evidence;
(b) Conventional rules of generally accepted international law governing the treatment of detainees;
(c) The views of the convicted person;
(d) The nationality of the sentenced person;
(e) Any other circumstance relating to the crime, the situation of the sentenced person or the effective execution of the sentence, which could guide the choice of the enforcement State.
4. If no State is designated as provided for in paragraph 1^er, the sentence of imprisonment is carried out in a penitentiary institution provided by the host State, under the conditions defined by the siege agreement referred to in article 3, paragraph 2. In this case, the costs of enforcement of the sentence are borne by the Court.
Rule 104
MODIFICATION DE LA DESIGNATION DE L'ETAT
CHARGE DE L'EXECUTION
1. The Court may decide at any time to transfer a convicted person to a prison in another State.
2. The person sentenced by the Court may at any time request that the Court transfer it from the enforcement State.
Rule 105
EXECUTION OF THE PEINA
1. Subject to the conditions that a State may have formulated as provided for in Article 103, paragraph 1^er, subparagraph (b), the sentence of imprisonment shall be enforceable for States Parties, which may in no case modify it.
2. The Court alone has the right to take a decision on a request to review its decision on guilt or punishment. The enforcement State does not prevent the convicted person from making such a request.
Rule 106
CONTROL OF THE EXECUTION OF THE PEINE
AND CONDITIONS OF DETENTION
1. The execution of a sentence of imprisonment is subject to the control of the Court. It is consistent with widely accepted international treaty rules on the treatment of detainees.
2. The conditions of detention are governed by the law of the enforcement State. They are consistent with widely accepted international treaty rules on the treatment of detainees. They can in no way be more or less favourable than those that the enforcement State reserves to convicted prisoners for similar offences.
3. Communications between the convicted person and the Court are free and confidential.
Rule 107
TRANSFERMENT OF THE CONDAMNE ACCOMPLI SA PEINE
1. Once the sentence has been served, a person who is not a national of the enforcement State may be transferred, in accordance with the law of the enforcement State, to another State that accepts or is obliged to accept it or to another State that accepts to accept it in response to the desire that it has formulated to be transferred to that State, unless the State responsible for the execution of the person remains in the State.
2. Expenses relating to the transfer of the convicted person to another State pursuant to paragraph 1^er shall be borne by the Court if no State shall take them.
3. Subject to the provisions of Article 108, the State of detention may also, pursuant to its legislation, extradite or otherwise surrender the person to a State that has requested his extradition or his surrender for the purposes of judgment or enforcement of a sentence.
Rule 108
LIMITES IN MATIERE DE POURSUIT
OR CONDAMNATIONS FOR OTHER INFRACTIONS
1. A convict held by the enforcement State may not be prosecuted, sentenced or extradited to a third State for any conduct prior to his transfer to the enforcement State, unless the Court has approved such prosecution, conviction or extradition at the request of the enforcement State.
2. The Court ruled on the matter after hearing the convicted person.
3. Paragraph 1^er ceases to apply if the convict voluntarily stays for more than 30 days in the territory of the State responsible for enforcement after having completed the entire sentence imposed by the Court, or if he returns to the territory of that State after having left it.
Rule 109
EXECUTION OF AMENDED PEINES AND CONFISCATION MEASURES
1. States Parties shall enforce fines and confiscation measures ordered by the Court under Chapter VII without prejudice to the rights of third parties in good faith and in accordance with the procedure provided for in their domestic legislation.
2. Where a State Party is unable to give effect to the forfeiture order, it shall take measures to recover the value of the proceeds, property or assets ordered by the Court forfeiture, without prejudice to the rights of third parties in good faith.
3. The property, or proceeds of the sale of real property or, where appropriate, other property, obtained by a State Party pursuant to a judgment of the Court shall be transferred to the Court.
Rule 110
REVIEW BY THE COURT OF THE QUESTION OF A PEINE REDUCTION
1. The enforcement State cannot release the detained person before the end of the sentence imposed by the Court.
2. The Court alone has the right to decide a reduction of sentence. She pronounces herself after hearing the convicted person.
3. When the person served two thirds of the sentence or completed 25 years of imprisonment in the case of a life sentence, the Court shall review the sentence to determine whether it is necessary to reduce it. It does not conduct this review before this term.
4. In the review referred to in paragraph 3, the Court may reduce the sentence if it finds that one or more of the following conditions are met:
(a) The person has, from the beginning and on a continuous basis, demonstrated his willingness to cooperate with the Court in the investigation and prosecution of the Court;
(b) The person spontaneously facilitated the execution of the Court's decisions and orders in other cases, in particular by helping him to locate assets subject to decisions ordering their forfeiture, the payment of a fine or compensation and may be used for the benefit of the victims; or
(c) Other factors set out in the Rules of Procedure and Evidence attest to a change in circumstances that manifest the appreciable consequences of reducing the sentence.
5. If, at the time of the review referred to in paragraph 3, the Court determines that there is no need to reduce the sentence, it then re-examines the issue of reducing the sentence at the intervals provided for in the Rules of Procedure and Evidence and applying the criteria set out therein.
Rule 111
EVASION
If a convict escapes from his place of detention and flees the State responsible for the execution of the sentence, the State may, after consulting the Court, request the State in which the convict is located to put him under the existing bilateral or multilateral agreements, or request the Court to request the surrender of that person under Chapter IX. When the Court requests the surrender of a person, it may request that the person be delivered to the State in which the person was serving his sentence or to another State that the person designates.
CHAPTER XI. - ASSEMBLEE OF STATES PARTIES
Article 112
ASSEMBLEE DES ETATS PARTIES
1. An Assembly of States Parties to the present Statute shall be established. Each State Party shall have a representative, who may be assisted by alternates and advisers. Other States that have signed this Statute or the Final Act may serve as observers.
2. The Assembly:
(a) Consider and adopt, as appropriate, the recommendations of the Preparatory Commission;
(b) Provides the Presidency, the Prosecutor and the Registrar with general guidance for the administration of the Court;
(c) Examine the reports and activities of the Bureau established under paragraph 3 and take such action as may be required;
(d) Review and determine the budget of the Court;
(e) Decide whether, in accordance with article 36, the number of judges should be changed;
(f) Examines, in accordance with article 87, paragraphs 5 and 7, any matter relating to the non-cooperation of States;
(g) Any other function compatible with the provisions of this Statute and the Rules of Procedure and Evidence.
3. (a) The Assembly has an office composed of a President, two Vice-Presidents and 18 members elected by it for three years.
(b) The Office has a representative character, in particular in view of the principle of equitable geographical distribution and the need to ensure adequate representation of the principal legal systems of the world.
(c) The Bureau meets as often as necessary, but at least once a year. He helps the Assembly to fulfill its responsibilities.
4. The Assembly shall establish such other subsidiary bodies as it deems necessary, including an independent oversight mechanism that conducts inspections, evaluations and investigations to ensure that the Court is administered in the most efficient and cost-effective manner possible.
5. The President of the Court, the Prosecutor and the Registrar or their representatives shall participate, as appropriate, in meetings of the Assembly and the Bureau.
6. The Assembly shall meet once a year and, where the circumstances so warrant, it shall hold special sessions at the seat of the Court or at United Nations Headquarters. Unless otherwise provided by this Statute, special sessions shall be convened by the Bureau either on its own motion or at the request of the third party.
7. Each State Party shall have a voice. The Assembly and the Bureau shall make every effort to adopt their decisions by consensus. If consensus is not possible, and unless the Statute otherwise provides:
(a) Decisions on substantive matters shall be taken by a two-thirds majority of the present and voting, the absolute majority of the States Parties constituting the quorum for the ballot;
(b) Decisions on procedural matters shall be taken by a simple majority of the States Parties present and voting.
8. A State Party in arrears in the payment of its contribution to the expenses of the Court shall not participate in the vote or in the Assembly or in the Bureau if the amount of its arrears is equal to or greater than the contribution it owes for the preceding two full years. However, the Assembly may authorize that State to vote in the Assembly and the Bureau if it finds that its failure is due to circumstances beyond its control.
9. The Assembly adopts its own rules of procedure.
10. The official languages and working languages of the Assembly of States Parties are those of the United Nations General Assembly.
CHAPTER XII. - FINANCING
Article 113
FINANCIAL REGULATIONS AND FINANCIAL MANAGEMENT
Unless otherwise expressly provided, all financial matters relating to the Court and the meetings of the Assembly of States Parties, including the Bureau and its subsidiary bodies, shall be governed by this Statute, the Financial Regulations and Rules adopted by the Assembly of States Parties.
Article 114
REGULATION OF EXPENDITURE
The costs of the Court and the Assembly of States Parties, including the Bureau and its subsidiary bodies, shall be determined by reference to the financial resources of the Court.
Rule 115
FINANCIAL RESOURCES OF THE COURT
AND THE ASSEMBLY OF STATES PARTIES
The expenses of the Court and the Assembly of States Parties, including the Bureau and its subsidiary bodies, included in the budget decided by the Assembly of States Parties, are financed by the following sources:
(a) Contributions by States Parties;
(b) The financial resources provided by the United Nations, subject to the approval of the General Assembly, in particular in the case of expenditures related to the referral of the Court by the Security Council.
Article 116
VOLUNTARY CONTRIBUTIONS
Without prejudice to Article 115, the Court may receive and use as additional financial resources the voluntary contributions of Governments, international organizations, individuals, enterprises and other entities, as set out in the matter by the Assembly of States Parties.
Article 117
CONTRIBUTIONS
The contributions of the States Parties shall be calculated according to an agreed scale of assessments, based on the scale adopted by the United Nations for its regular budget and adapted in accordance with the principles on which the scale is based.
Article 118
ANNUAL VERIFICATION OF ACCOUNTS
The reports, books and accounts of the Court, including its annual financial statements, are audited annually by an independent auditor.
CHAPTER XIII. - FINAL CLAUSES
Rule 119
DIFFERENDUM REGULATIONS
1. Any dispute over the judicial functions of the Court shall be settled by decision of the Court.
2. Any other dispute between two or more States Parties concerning the interpretation or application of this Statute which is not resolved through negotiations within three months after the commencement of these Statutes shall be referred to the Assembly of States Parties. The Assembly may seek to resolve the dispute itself or make recommendations on other means of resolving it, including the reference to the International Court of Justice in accordance with its Statute.
Rule 120
RESERVES
This Statute shall not grant any reservation.
Rule 121
AMENDMENTS
1. At the expiry of a seven-year period beginning on the date of entry into force of this Statute, any State Party may propose amendments to this Statute. The text of the amendment proposals shall be submitted to the Secretary-General of the United Nations, who shall promptly communicate it to all States Parties.
2. At the next meeting, the Assembly of States Parties shall, at a majority of its members present and voting, decide whether or not to proceed with the proposal. The Assembly may deal with this proposal itself or convene a review conference if the issue raised warrants it.
3. The adoption of an amendment at a meeting of the Assembly of States Parties or a review conference requires, if it is not possible to reach a consensus, a two-thirds majority of the States Parties.
4. Subject to paragraph 5, an amendment shall enter into force for all States Parties one year after the seven eighths of them have deposited their instruments of ratification or acceptance with the Secretary-General of the United Nations.
5. An amendment to Articles 5, 6, 7 and 8 of this Statute shall enter into force with respect to States Parties that have accepted it one year after the deposit of their instruments of ratification or acceptance. The Court shall not exercise its jurisdiction over a crime subject to that amendment when that crime was committed by a national of a State Party who has not accepted the amendment or territory of that State.
6. If an amendment has been accepted by the seven eighths of the States Parties in accordance with paragraph 4, any State Party that has not accepted it may withdraw from this Statute with immediate effect, notwithstanding Article 127, paragraph 1^erbut subject to Article 127, paragraph 2, by giving notice of its withdrawal no later than one year after the entry into force of that amendment.
7. The Secretary General of the United Nations shall communicate to all States Parties the amendments adopted at a meeting of the Assembly of States Parties or a Review Conference.
Article 122
AMENDMENTS TO INSTITUTIONAL CARACTER PROVISIONS
1. Any State Party may propose, notwithstanding article 121, paragraph 1^eramendments to the provisions of the present Statute of an exclusively institutional character, namely articles 35, 36, paragraphs 8 and 9, 37, 38, 39, paragraphs 1^er (two first sentences), 2 and 4, 42, paragraphs 4 to 9, 43, paragraphs 2 and 3, 44, 46, 47 and 49. The text of any proposed amendment shall be submitted to the Secretary-General of the United Nations or to any other person designated by the Assembly of States Parties, who shall promptly communicate it to all States Parties and other members of the Assembly.
2. Amendments under this Article for which consensus cannot be reached are adopted by the Assembly of States Parties or by a review conference by a two-thirds majority of the States Parties. They shall enter into force in respect of all States Parties six months after their adoption by the Assembly or, as the case may be, by the Review Conference.
Article 123
STATUT REVISION
1. Seven years after the entry into force of this Statute, the Secretary-General of the United Nations will convene a review conference to consider any amendments to this Statute. The examination may include, but not limited to, the list of crimes in section 5. The conference will be open to participants in the Assembly of States Parties on the same basis.
2. At any time thereafter, at the request of a State Party and for the purposes set out in paragraph 1^erthe Secretary-General of the United Nations, with the approval of the majority of the States Parties, shall convene a review conference.
3. The adoption and entry into force of any amendment to the Statute examined at a review conference shall be governed by the provisions of Article 121, paragraphs 3 to 7.
Rule 124
TRANSITIONAL PROVISIONS
Notwithstanding the provisions of Article 12, paragraphs 1^er and 2, a State that becomes a party to this Statute may declare that, for a period of seven years from the entry into force of the Statute in respect of it, it does not accept the jurisdiction of the Court in respect of the category of crimes referred to in Article 8 when it is alleged that a crime has been committed in its territory or by its nationals. He may at any time withdraw that statement. The provisions of this Article shall be reviewed at the review conference convened in accordance with Article 123, paragraph 1^er.
Rule 125
SIGNATURE, RATIFICATION, ACCEPTATION, APPROBATION OR ADHESION
1. This Statute is open for signature by all States on 17 July 1998 at the headquarters of the Food and Agriculture Organization of the United Nations in Rome. It remains open for signature until 17 October 1998, at the Ministry of Foreign Affairs of Italy in Rome, and, after that date, until 31 December 2000, at United Nations Headquarters in New York.
2. This Statute is subject to ratification, acceptance or approval by the signatory States. Instruments of ratification, acceptance or approval will be deposited with the Secretary-General of the United Nations.
3. This Statute is open to the accession of all States. Instruments of accession shall be deposited with the Secretary-General of the United Nations.
Rule 126
BACKGROUND
1. This Statute shall enter into force on the first day of the month following the sixtieth day after the date of deposit of the sixtieth instrument of ratification, acceptance, approval or accession to the Secretary-General of the United Nations.
2. With respect to each State ratifying, accepting or approving this Statute or acceding to it after the deposit of the sixtieth instrument of ratification, acceptance, approval or accession, the Statute shall enter into force on the first day of the month following the sixtieth day after the deposit by that State of its instrument of ratification, acceptance, approval or accession.
Article 127
RETRAIT
1. Any State Party may, by written notification to the Secretary-General of the United Nations, withdraw from this Statute. The withdrawal takes effect one year after the date on which the notification was received, unless the notification provides a later date.
2. Its withdrawal does not relieve the State of its obligations under this Statute while it was a Party, including the financial obligations incurred, and does not affect the cooperation established with the Court in connection with the criminal investigations and proceedings in respect of which the State had the duty to cooperate and which began before the date on which the withdrawal took effect; the withdrawal does not affect the continuation of the examination of cases that the Court had already begun to examine before the date on which it took effect.
Rule 128
TEXTS
The original of this Statute, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations, who shall have certified copies thereof to all States.
In faith, the undersigned, duly authorized by their respective Governments, have signed this Statute.
Made in Rome this seventeenth day of July of the year nine hundred and ninety-eight.