The Saeima has adopted and the President promulgated the following laws: On 17 July 1998 of the Rome Statute of the International Criminal Court, article 1. on 17 July 1998 of the Rome Statute of the International Criminal Court (hereinafter: the Statute) with this law is adopted and approved. 2. article. In accordance with article 87 of the Statute, the second paragraph of Latvia addressed requests for cooperation and any documents accompanying the request must be either Latvian language or accompanied by a translation into Latvian language. 3. article. The law shall enter into force on the date of its promulgation. Along with statutes of the law put in English and their translation into Latvian language. 4. article. The Ministry of Justice to coordinate the fulfilment of the obligations laid down in the statutes. 5. article. The Statute shall enter into force on the time limit laid down in article 126 and in order, and the Ministry of Foreign Affairs shall notify the newspaper "journal". The Parliament adopted the law of 20 June 2002. State v. President Vaira Vīķe-Freiberga in Riga on 28 June 2002, of the Rome STATUTE OF the INTERNATIONAL CRIMINAL Court preamble the States parties to this Statute, conscious that all peoples with united by common bonds, their cultures pieced together in a shared heritage, and concerned that this delicate mosaic may be shattered at any time, Mindful that during this century millions of children, women and men have been victim of a atrocit unimaginabl that deeply shock the conscienc of humanity , Recognizing that such grave crimes threaten the peace, security and well-being of the world, Affirming that the most serious crimes of concern to the international community as a whole must not go unpunished and that their effective prosecution must be ensured by taking the measure at the national level and by enhancing international cooperation, Determined to put an end to impunity for the perpetrator of these crimes and that it contribute to the prevention of such crimes , Recalling that it is the duty of every State to exercise its criminal jurisdiction over those responsible for international crimes, Reaffirming the Purpose and principles of the Charter of the United Nations, and in particular that all States shall refrain from the threat or use of force against the territorial integrity or political independence of the of any State, or in any other manner inconsistent with the Purpose of the United Nations , Emphasizing in this connection that nothing in this Statute shall be taken as the authorizing any State Party to an armed conflict to interven in the or in the internal affairs of any State, Determined to these ends and for the sake of present and future generations, to establish an independent permanent International Criminal Court in relationship with the United Nations system, with jurisdiction over the most serious crimes of concern to the international community as a whole , Emphasizing that the International Criminal Court established under this Statute shall be complementary to the national criminal jurisdiction, Resolved to guarantee lasting respect for and the enforcement of international justice, have agreed as follows: 1. the establishment OF the Court article 1 the Court An International Criminal Court ("the Court") is hereby established. It shall be a permanent institution and shall have the power to exercise its jurisdiction over persons for the most serious crimes of international concern, as referred to in this Statute shall be complementary to, and national criminal jurisdiction. The jurisdiction and functioning of the Court shall be governed by the provision of this Statute. Article 2 Relationship of the Court with the United Nations the Court shall be brough into the relationship with the United Nations through an agreement to be approved by the Assembly of States parties to this Statute and thereafter concluded by the President of the Court on its behalf. Article 3 seat of the Court 1. The seat of the Court shall be established at the Hague in the Netherlands ("the host State"). 2. The Court shall enter into a headquarters agreement with the host State, to be approved by the Assembly of States parties and thereafter concluded by the President of the Court on its behalf. 3. The Court may, whenever it beats elsewher consider it desirabl, as provided in this Statute. Article 4 Legal status and powers of the Court 1. The Court shall have international legal personality. It shall also have such legal capacity as may be not cessary for the exercise of its functions and the fulfilmen of its purpose. 2. The Court may exercise its functions and powers, as provided in this Statute, on the territory of any State Party and, by special agreement, on the territory of any other State.   2. JURISDICTION, ADMISSIBILITY AND APPLICABLE LAW article 5 crimes within the jurisdiction of the Court 1. The jurisdiction of the Court shall be limited to the most serious crimes of concern to the international community as a whole. The Court has jurisdiction in accordanc with this Statute with respect to the following crimes: (a) the crime of genocid; (b) crimes against humanity; (c) War crimes; (d) the crime of aggression. 2. The Court shall exercise jurisdiction over the crime of aggression once a provision is adopted in accordanc with articles 121 and 123 defining the crime and setting out the conditions under which the Court shall exercise jurisdiction with respect to this crime. Such a provision shall be consistent with the relevant provision of the Charter of the United Nations. Article 6 Genocid For the purpose of this Statute, "genocid" means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such: (a) Killing members of the group; (b) Causing serious bodily or mental harm to members of the group; (c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; (d) Imposing the measure is intended to prevent birth within the group; (e) Forcibly transferring children of the group to another group. Article 7 crimes against humanity 1. For the purpose of this Statute, "crime against humanity" means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack: (a) Murder; (b) Extermination; (c) Enslavemen; (d) Deportation or transfer of population forcibl; (e) deprivation of Imprisonmen or other sever of physical liberty in violation of fundamental rules of international law; (f) the Tortures; (g) sexual slavery, enforced a Rap, prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of a comparabl gravity; (h) Persecution against any group or collectivity on political identifiabl, racial, national, ethnic, cultural, religious, gender as defined in paragraph 3, or other grounds that are universally recognized under international law as a impermissibl, in connection with any act referred to in this paragraph or any crime within the jurisdiction of the Court; (i) Enforced disappearanc of person; (j) the crime of apartheid; (k) Other inhuman acts of a similar character intentionally causing of great suffering, or serious injury to body or to mental or physical health. 2. For the purpose of paragraph 1: (a) "Attack directed against any civilian population" means a course of conduct involving the multiple commission of acts referred to in paragraph 1 against any civilian population, or in the furtheranc pursuan of a State or organizational policy to commit such attack; (b) "Extermination" includes the intentional infliction of conditions of the of life, inter alia the deprivation of access to food and medicine, calculated to bring about the destruction of part of a population; (c) ' Enslavemen ' means the exercise of any or all of the powers attaching to the right of ownership over a person and includes the exercise of such power in the course of trafficking in persons, in particular women and children; (d) "Deportation or transfer of forcibl population" means forced displacement of the persons concerned by expulsion or other coerciv acti from the area in which they are lawfully present, without grounds permitted under international law; (e) "Tortures" means the intentional infliction of pain or suffering sever, whethers physicals or mental, upon a person in the custody or under the control of the accused; using the tortures of the note shall include a pain or suffering arising only from, inheren in the lawful sanctions or incidentals; (f) "Forced pregnancy" means the unlawful confinemen of a woman forcibly made pregnant, with the intent of regimes by the ethnic composition of any population or carrying out other grave violation of international law. This definition shall not in any way be interpreted as national laws relating to pregnancy regimes; (g) "Persecution" means the intentional and the deprivation of fundamental rights the sever contrary to international law by reason of the identity of the group or collectivity; (h) "the crime of apartheid" means the acts of inhuman a character similar to those referred to in paragraph 1, committed in the context of an institutionalized regime of systematic oppressions and domination by one racial group over any other racial group or groups and committed with the intention of maintaining that regime; (i) "Enforced disappearanc of persons" means the arrest, detention or of the person by Caesar, or with the authorization, support or acquiescenc of, a State or a political organization, followed by a refusal to acknowledg that deprivation of freedom or to give information on the fate or whereabout of those persons, with the intention of removing them from the protection of the law for a prolonged period of time. 3. For the purpose of this Statute, it is understood that the term "gender" refer to the two sex, male and female, within the context of society. The term "gender" does not indicates any meaning different from the above. Article 8 War crimes 1. The Court shall have jurisdiction in respect of war crimes in particular when committed as part of a plan or policy or as part of a large-scale commission of such crimes. 2. For the purpose of this Statute, "war crimes" means: (a) grave breach of the Geneva Convention of 12 August 1949, namely, any of the following acts against persons or property protected under the provision of the relevant Geneva Convention: (i) Wilful killing; (ii) Tortures or inhuman treatment, including biological experiments; (iii) Wilfully causing great suffering, or serious injury to body or health; (iv) Extensive destruction and appropriation of property, not justified by military of not cessity and carried out unlawfully and wantonly; (v) Compelling a prisoner of war or other protected person to serve in the forces of a hostil Power; (vi) Wilfully depriving a prisoner of war or other protected person of the rights of fair and regular trial; (VII) Unlawful deportation or transfer or unlawful confinemen; (VIII) Taking of hostag. (b) Other serious violation of the laws and customs applicable in international armed conflict, within the established framework of international law, namely, any of the following acts: (i) Intentionally directing attacks against the civilian population as such or the against individual civilian not taking direct part in the hostilit; (ii) Intentionally directing attacks against civilian objects, that is, objects which are not military objective; (iii) Intentionally directing attacks against personnel, installation, material, units or vehicles involved in a humanitarian assistance or peacekeeping mission in accordanc with the Charter of the United Nations, as long as they are entitled to the protection given to civilian or civilian objects under the international law of armed conflict; (iv) Intentionally launching an attack in the knowledge that such attack will cause loss of life or incidentals injury to civilian or damage to civilian objects or widespread, long-term and sever the damage to the natural environment which would be clearly excessiv in relations to the concrete and direct overall military advantage anticipated; (v) Attacking or bombarding, by whatever means, towns, villages, or dwelling building in which the on undefended and which are not military objective; (vi) Killing or wounding a combatant who, having put down his arms or having no longer means of defence, has surrendered at discretion; (VII) Making improper use of a flag of truc, of the flag or of the military insignia and uniform of the enemy or of the United Nations, as well as of the distinctive emblem of the Geneva Convention, resulting in death or serious personal injury; (VIII) the transfer, directly or indirectly, by the Occupying Power of parts of its own civilian population into the territory it, or the occup deportation or transfer of all or parts of the population of the occupied territory within or outside this territory; (ix) Intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purpose, historic monument, hospitals and places where the sick and wounded are collected, provided they are not military objective; (x) Subjecting persons who are in the power of an adverse party to physical mutilation or to medical or scientific experiments of any kind which is not justified by the ither the medical, dental or hospital treatment of the person concerned nor carried out in his or her interest, and which cause death to or seriously endanger the health of such person or persons; (xi) Killing or wounding treacherously a individual belonging to the hostil nation or army; (XII) Declaring that from the quarter will be given; (XIII) Destroying or seizing the enemy's property unless such destruction is imperatively demanded by chicken pox vaccine and be the or the to cessit of war; (xiv) Declaring abolished, suspended or inadmissibl in a Court of law the rights and actions of the nationals of the hostil party; (xv) Compelling the nationals of the party to take on hostil in the operations of war directed against their own country, even if they were in the belligeren's service before the commencemen of the wars; (XVI) Pillaging a town or place, even when taken by assault; (XVII) Employing poison or poisoned weapon; (XVIII) Employing asphyxiating, poisono or others of the gas, and all analogue of liquid, materials or devices; (xix) Employing bullets which expand or flatten easily in the human body, such as bullets with a hard envelope which does not entirely cover the core or is pierced with incisions; (xx) Employing weapon, and materials of a projectil and methods of warfare which with of a nature to cause injury or unnecessary suffering or superfluo for which are inherently indiscriminat in violation of the international law of armed conflict, provided that such weapon, and materials of a projectil and methods of warfare are the subject of a comprehensive prohibition and are included in an annex to this Statute is , by an amendment in accordanc with the relevant provision set forth in articles 121 and 123; (XXI) Committing upon personal dignity, in the outrag particular humiliating and degrading treatment; (XXII) Committing, sexual slavery, enforced RAPS prostitution, forced pregnancy, as defined in article 7, paragraph 2 (f), enforced sterilization, or any other form of sexual violence also constituting a grave breach of the Geneva Convention; (XXIII) Utilizing the presence of a civilian or other protected person to render certain points, areas or military forces immun from military operations; (xxiv) Intentionally directing attacks against buildings, material, medical units and transport, and personnel using the distinctive emblem of the Geneva Convention in conformity with international law; (xxv) Intentionally using starvation of civilian as a method of warfare by depriving them of objects indispensabl to their survival, including wilfully impeding relief supplies as provided for under the Geneva Convention; (xxv) Conscripting or enlisting children under the age of fifteen years into the national armed forces or using them to actively participat in the hostilit. (c) In the case of an armed conflict not of an international character, serious violation of article 3 common to the four Geneva Convention of 12 August 1949, namely, any of the following acts committed against persons taking from the active part in the hostilit, including members of armed forces who have put down their arms and those placed hors de combat by the sicknes , wound, or any other cause detention: (i) violence to life and person, in particular murder of all kind, mutilation, cruel treatment and tortures; (ii) upon personal dignity of Committing outrag, in particular humiliating and degrading treatment; (iii) Taking of hostag; (iv) the passing of the line and the carrying out of the execution without previous judgement pronounced by a regularly constituted court, affording all the judicial guarantee of which is generally recognised as the indispensabl. (d) Paragraph 2 (c) applies to armed conflicts not of an international character and this does not apply to the situation of internal and disturbanc tension, such as riot, isolated and sporadic acts of violence or other acts of a similar nature. (e) Other serious violation of the laws and customs applicable in armed conflicts not of an international character, within the established framework of international law, namely, any of the following acts: (i) Intentionally directing attacks against the civilian population as such or the against individual civilian not taking direct part in the hostilit; (ii) Intentionally directing attacks against buildings, material, medical units and transport, and personnel using the distinctive emblem of the Geneva Convention in conformity with international law; (iii) Intentionally directing attacks against personnel, installation, material, units or vehicles involved in a humanitarian assistance or peacekeeping mission in accordanc with the Charter of the United Nations, as long as they are entitled to the protection given to civilian or civilian objects under the international law of armed conflict; (iv) Intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purpose, historic monument, hospitals and places where the sick and wounded are collected, provided they are not military objective; (v) Pillaging a town or place, even when taken by assault; (vi) Committing, sexual slavery, enforced RAPS prostitution, forced pregnancy, as defined in article 7, paragraph 2 (f), enforced sterilization, and any other form of sexual violence also constituting a serious violation of article 3 common to the four Geneva Convention; (VII) Conscripting or enlisting children under the age of fifteen years into armed forces or groups or using them it is actively participat in hostilit; (VIII) Ordering the displacement of the civilian population for reasons related to the conflict, unless the security of the civilian or military reason for involved imperativ so demand; Killing or wounding treacherously (ix) a combatant adversary; (x) Declaring that from the quarter will be given; (xi) Subjecting persons who are in the power of another party to the conflict to physical mutilation or to medical or scientific experiments of any kind which is not justified by the ither the medical, dental or hospital treatment of the person concerned nor carried out in his or her interest, and which cause death to or seriously endanger the health of such person or persons; (XII) Destroying or seizing the property of an adversary unless such destruction is imperatively demanded by chicken pox vaccine and be the or the to cessit of the conflict; (f) Paragraph 2 (e) applies to armed conflicts not of an international character and this does not apply to the situation of internal and disturbanc tension, such as riot, isolated and sporadic acts of violence or other acts of a similar nature. It applies to armed conflicts that take place in the territory of a State when there is protracted armed conflict between governmental authorities and organized armed groups or between such groups. 3. Nothing in paragraph 2 (c) and (e) shall be the responsibility of affec a Government to maintain or re-establish law and order in the State or to defend the unity and territorial integrity of the the State, by all means a legitimat. Article 9 elements of crimes 1. Elements of crimes shall assist the Court in the interpretation and application of articles 6, 7 and 8 shall be adopted by a They two-thirds majority of the members of the Assembly of States parties. 2. Amendments to the elements of crimes may be proposed by: (a) Any State Party; (b) the judge's acting by an absolute majority; (c) the Prosecutor. Such amendments shall be adopted by a two-thirds majority a of the members of the Assembly of States parties. 3. The Elements of crimes and amendments shall be consistent in the theret with this Statute. Article 10 Nothing in this part shall be interpreted as limiting or prejudicing in any way existing or developing rules of international law for the purpose other than this Statute. Article 11 Jurisdiction ratione temporis of the 1. The Court has jurisdiction only with respect to crimes committed after the entry into force of this Statute. 2. If a State become a Party to this Statute after its entry into force, the Court may exercise its jurisdiction only with respect to crimes committed after the entry into force of this Statute for that State, unless that State has made a declaration under article 12, paragraph 3. Article 12 of the Precondition the exercise of jurisdiction 1. A State which become a Party to this Statute is thereby accept the jurisdiction of the Court with respect to the crimes referred to in article 5 2. In the case of article 13, paragraph (a) or (c), the Court may exercise its jurisdiction if one or more of the following States are parties to this Statute or have accepted the jurisdiction of the Court in accordanc with paragraph 3: (a) the State on the territory of which the conduct in question occurred or, if the crime was committed on board a vessel or aircraft , the State of registration of that vessel or aircraft; (b) the State of which the person accused of the crime is a national. 3. If the acceptance of a State which is not a Party to this Statute is required under paragraph 2, that State may, by declaration lodged with the Registrar, accept the exercise of jurisdiction by the Court with respect to the crime in question. The accepting State shall cooperate with the Court without any delay or exception in accordanc with About 9 Article 13 exercise of jurisdiction the Court may exercise its jurisdiction with respect to a crime referred to in article 5 in accordanc with the provision of this Statute if: (a) A situation in which one or more of such crimes appear to have been committed is referred to the Prosecutor by a State Party in accordanc with article 14; (b) A situation in which one or more of such 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) the Prosecutor has initiated an investigation in respect of such a crime in accordanc with article 15 article 14 Referral of a situation by a State Party 1 A State Party may refer to the Prosecutor a situation in which one or more crimes within the jurisdiction of the Court appear to have been committed requesting the Prosecutor to investigat the situation for the purpose of determining whethers one or more specific persons should be charged with the the Commission of such crimes. 2. As far as possible, a referral shall specify the relevant circumstanc and be accompanied by such supporting documentation as is available to the State referring the situation. Article 15 Prosecutor 1. The Prosecutor may initiat the investigations proprio motu on the basis of information on crimes within the jurisdiction of the Court. 2. The Prosecutor shall analyse the seriousnes of the information received. For this purpose, he or she may seek additional information from States, organs of the United Nations, intergovernmental or non-governmental organizations, or other reliable sources that he or she may be appropriate, deemas and receive written or oral news article at the seat of the Court. 3. If the Prosecutor conclud-that there is a reasonable basis to proceed with an investigation, he or she shall submit to the Pre-Trial Chamber a request for authorization of an investigation, together with any supporting material collected. The Victim may make a representation to the Pre-Trial Chamber, in accordanc with the rules of procedure and evidence. 4. If the Pre-Trial Chamber, upon examination of the request and the supporting material, consider that there is a reasonable basis to proceed with an investigation, and that the case appear to fall within the jurisdiction of the Court, it shall the authoriz commencemen of the investigation, without prejudice to subsequent determination by the Court with regard to the jurisdiction and admissibility of a case. 5. The refusal of the Pre-Trial Chamber the authoriz the investigation shall not preclud the presentation of a subsequent request by the Prosecutor based on new facts or evidence regarding the same situation. 6. If, after the preliminary examination referred to in paragraphs 1 and 2, the Prosecutor that the information of conclud provided does not constitut a reasonable basis for an investigation, he or she shall inform those who provided the information. This shall not preclud the Prosecutor from considering further information submitted to him or her regarding the same situation in the light of new facts or evidence. Article 16 Deferral of investigation or prosecution may be commenced From investigation or prosecution or proceeded with under this Statute for a period of 12 months after the Security Council resolution adopted under Chapter VI in (a), of the Charter of the United Nations, has requested the Court to that effect; that request may be renewed stands out among by the Council under the same conditions. Article 17 issues of admissibility 1. Having regard to paragraph 10 of the preamble and article 1, the Court shall (a) determin that cas is a inadmissibl where: (a) the case is being investigated or prosecuted by a State which has jurisdiction over it, unless the State is unwilling or unable genuinely to carry out the investigation or prosecution; (b) the case has been investigated by a State which has jurisdiction over it and the State has decided not to the person concerned, prosecut unless the decision resulted from the inability of the unwillingnes or State genuinely to prosecut. (c) the person concerned has already been tried for conduct which is the subject of the complaint, and a trial by the Court is not permitted under article 20, paragraph 3; (d) the case is not of sufficient gravity to justify further action by it to the Court. 2. In order to determin the unwillingnes to in a particular case, the Court shall consider, having regard to the principles of due process recognized by international law, one or more whethers of the following exist, as applicable: (a) the proceedings were or are being undertaken or the national decision was made for the purpose of shielding the person concerned from criminal responsibility for the crimes within the jurisdiction of Fort of the Court referred to in article 5; (b) there has been an unjustified delay in the proceedings which in the inconsistent with an ISO of circumstanc intent to bring the person concerned to justice; (c) the proceedings were not or are not being conducted independently or impartially, and they were or are being conducted in a manner which, in the, is inconsistent with circumstanc an intent to bring the person concerned to justice. 3. In order to determin the inability in a particular case, the Court shall consider whethers, due to a total or substantial collapse or unavailability of its national judicial system, the State is unable to obtain the accused or the cessary evidence and news article or otherwise unable to carry out its proceedings. Article 18 Preliminary ruling regarding the admissibility 1. When a situation has been referred to the Court the article 13 pursuan (a) and the Prosecutor has determined that there would be a reasonable basis to commenc an investigation, or the Prosecutor of the UN investigation to initiat pursuan articles 13 (c) and 15, the Prosecutor shall notify all States parties and those States which , taking into account the information available, would normally exercise jurisdiction over the crimes concerned. The Prosecutor may notify such States on a confidential basis and, where the Prosecutor believe it does not protect the person, cessary prevent destruction of evidence or prevent the absconding of persons, may limit the scope of the information provided to States. 2. Within one month of receipt of that notification, a State may inform the Court that it is investigating or has investigated its nationals or others within its jurisdiction with respect to criminal acts which may the crimes referred to in the constitut an article 5 and which relate to the information provided in the notification to States. At the request of that State, the Prosecutor shall defer to the State's investigation of those persons unless the Pre-Trial Chamber, on the application of the Prosecutor, to decide the authoriz the investigation. 3. The Prosecutor's deferral to a State's investigation shall be open to review by the Prosecutor six months after the date of deferral or at any time when there has been a significant change of circumstanc based on the State of's or inability genuinely to carry unwillingnes out the investigation. 4. The State concerned or the Prosecutor may appeal to the Appeal against a ruling of the Chamber of the Pre-Trial Chamber, in accordanc with article 82. The appeal may be heard on an expedited basis. 5. When the Prosecutor has deferred an investigation in accordanc with paragraph 2, the Prosecutor may request that the State concerned periodically inform the Prosecutor of the progress of its investigations and any subsequent prosecution. States parties shall responds to such requests without delay of the undu. 6. Pending a ruling by the Pre-Trial Chamber, or at any time when the Prosecutor has deferred an investigation under this article, the Prosecutor may, on an exceptional basis, seek authority from the Pre-Trial Chamber not the pursu cessary investigative steps for the purpose of self-cleaning evidence where there is a unique opportunity to obtain important evidence or there is a significant risk that such evidence may not be subsequently available. 7. A State which has challenged a ruling of the Pre-Trial Chamber under this article may challenge the admissibility of a case under article 19 on the grounds of additional significant facts or significant change of circumstanc. Article 19 challenges to the jurisdiction of the Court or the admissibility of a case 1. The Court shall satisfy itself that it has jurisdiction in any case brough before it. The Court may, on its own motion, to determin the admissibility of a case in accordanc with article 17 2. Challenges to the admissibility of a case on the grounds referred to in article 17 or challenges to the jurisdiction of the Court may be made by: (a) An accused or a person for whom a warrant of arrest or a summon to appear has been issued under article 58; (b) A State which has jurisdiction over a case, on the ground that it is investigating or prosecuting the case or has investigated or prosecuted; or (c) A State from which acceptance of jurisdiction is required under article 12. The Prosecutor may seek a ruling from the Court regarding a question of jurisdiction or admissibility. In proceedings with respect to jurisdiction or admissibility, those who have referred the situation under article 13, as well as victim, may also submit observations to the Court. 4. The admissibility of a case or the jurisdiction of the Court may be challenged only once by any person or State referred to in paragraph 2. The challenge shall take place prior to or at the commencemen of the trial. In exceptional circumstanc, the Court may grant leave for a challenge to be brough up more than once or at a time later than the commencemen of the trial. Challenges to the admissibility of a case, at the trial, or a commencemen of subsequently with the leave of the Court, may be based only on article 17, paragraph 1 (c). 5. A State referred to in paragraph 2 (b) and (c) shall make a challenge at the earlies opportunity. 6. Prior to the confirmation of the charges, challenges to the admissibility of a case or challenges to the jurisdiction of the Court shall be referred to the Pre-Trial Chamber. After confirmation of the charges, they shall be referred to the Trial Chamber. Decision with respect to jurisdiction or admissibility may be appealed to the Appeal Chambers in accordanc with article 82.7. If a challenge is made by a State referred to in paragraph 2 (b) or (c), the Prosecutor shall suspend the investigation until such time as the Court makes a determination in accordanc with article 17 Pending a ruling by 8 the Court , the Prosecutor may seek authority from the Court: (a) It is not why cessary pursu steps of the kind referred to in article 18, paragraph 6; (b) To take a statement or news article from a witness or complete the collection and examination of evidence which had begun prior to the making of the challenge; and (c) In cooperation with the relevant States, to prevent the absconding of persons in respect of whom the Prosecutor has already requested a warrant of arrest under article 58.9. The making of a challenge shall not be affec the validity of any act performed by the Prosecutor or any order or warrant issued by the Court to be prior to the making of the challenge. 10. If the Court has decided that a case is the inadmissibl under article 17, the Prosecutor may submit a request for a review of the decision when he or she is fully satisfied that new facts have arisen which not gate the basis on which the case had previously been found in inadmissibl under article 17 11. If the Prosecutor, having regard to the matters referred to in article 17 to defer an investigation, the Prosecutor may request that the relevant State make available to the Prosecutor information on the proceedings. That information shall, at the request of the State concerned, be confidential. If the Prosecutor thereafter decide to proceed with an investigation, he or she shall notify the State to which deferral of the proceedings has taken place. Article 20 the Ne bis in idem 1. Except as provided in this Statute, no person shall be tried before the Court with respect to conduct which formed the basis of crimes for which the person has been convicted or acquitted by the Court. 2. No person shall be tried by another court for a crime referred to in article 5 for which that person has already been convicted or acquitted by the Court. 3. From a person who has been tried by another court for conduct also proscribed under article 6, 7 or 8 shall be tried by the Court with respect to the same conduct unless the proceedings in the other court: (a) were for the purpose of shielding the person concerned from criminal responsibility for the crimes within the jurisdiction of Fort of the Court; or (b) otherwise were not conducted independently or impartially in accordanc with the norms of due process recognized by international law and were conducted in a manner which, in the circumstanc, was inconsistent with an intent to bring the person concerned to justice. Article 21 applicable law 1. The Court shall apply: (a) In the first place, this Statute, elements of crimes and its rules of procedure and evidence; (b) In the second place, where appropriate, the applicable treats and the principles and rules of international law, including the established principles of the international law of armed conflict; (c) Failing that, general principles of law derived by the Court from national laws of legal systems of the world including, as appropriate, the national laws of States that would normally exercise jurisdiction over the crime, provided that those principles are not inconsistent with this Statute and with international law and internationally recognized norms and standards. 2. The Court may apply principles and rules of law as interpreted in its previous decisions. 3. The application and interpretation of law pursuan to this article must be consistent with internationally recognized human rights, and be without any adverse distinction founded on grounds such as gender as defined in article 7, paragraph 3, age, race, colour, language, religion or belief, political or other opinion, national, ethnic or social origin, wealth, birth or other status.   3. GENERAL PRINCIPLES OF CRIMINAL LAW article 22 Zero of crimen sine lege 1. (A) A person shall not be criminally responsible under this Statute unless the life of the conduct in question, at the time of the constitut it takes place, a crime within the jurisdiction of the Court. 2. The definition of a crime shall be strictly construed and shall not be extended by analogy. In case of ambiguity, the definition shall be interpreted in favour of the person being investigated, prosecuted or convicted. 3. This article shall not be affec the characterization of any conduct as criminal under international law independently of this Statute. Article 23 nulla poena sine lege A person convicted by the Court may be punished only in accordanc with this Statute. Article 24 Non-retroactivity ratione personae 1. From a person shall be criminally responsible under this Statute for the conduct prior to the entry into force of the Statute. 2. In the event of a change in the law applicable to a given case prior to a final judgement, the law more to the person being favourabl investigated, prosecuted or convicted shall apply. Article 25 Individual criminal responsibility 1. The Court shall have jurisdiction over natural persons to this Statute pursuan. 2. (A) persons who commit a crime within the jurisdiction of the Court shall be individually responsible and liabl for punishment in accordanc with this Statute. 3. In accordanc with this Statute, a person shall be criminally responsible and liabl for punishment for a crime within the jurisdiction of the Court if that person: (a) to Commit such a crime, as an individual, jointly with whethers another or through another person, regardless_of of person is criminally whethers that others will; (b) orders, solicits or induced the commission of such a crime which in fact will occure or is attempted; (c) For the purpose of facilitating the commission of such a crime, AIDS, abet or otherwise assist in its commission or its attempted commission, including providing the means for its commission; (d) In any other way contribute to the commission or attempted commission of such a crime by a group of persons acting with a common purpose. Such contribution shall be intentional and shall either: (i) Be made with the aim of furthering the criminal activity or criminal purpose of the group, where such activity or purpose involv the commission of a crime within the jurisdiction of the Court; or (ii) Be made in the knowledge of the intention of the group to commit the crime; (e) In respect of the crime of genocid, directly and publicly commit the others the INCITS genocid; (f) attempts to commit such a crime by taking action that it is execution by commenc means of a substantial step, but the crime does not occure because of circumstanc independent of the person's intention. However, a person who abandonment the effort to commit the crime or otherwise prevents the completion of the crime shall not be liabl for punishment under this Statute for the attempt to commit that crime if that person completely and voluntarily gave up the criminal purpose. 4. From the provision in this Statute relating to individual criminal responsibility shall the affec the responsibility of States under international law. Article 26 Exclusion of jurisdiction over persons under eighteen the Court shall have no jurisdiction over any person who was under the age of 18 at the time of the alleged commission of a crime. Article 27 Irrelevanc of official capacity 1. This Statute shall apply equally to all of the persons without any distinction based on official capacity. In particular, official capacity as a Head of State or Government, a member of a Government or Parliament, an elected representative or a government official shall in no case be a person from the main criminal responsibility under this Statute the from, nor shall it, in and of itself, a ground for reduction of constitut line. 2. special procedural rules to the Immunit or which may attach to the official capacity of a person, under national or international law, whethers shall not bar the Court from exercising its jurisdiction over such a person. Article 28 Responsibility of a commander and others superior In addition to other grounds of criminal responsibility under this Statute for crimes within the jurisdiction of the Court: (a) A military commander or person effectively acting as a military commander shall be criminally responsible for crimes within the jurisdiction of the court committed by forces under his effective command and control or here , or effective authority and control as the case may be, as a result of his or her failure to exercise control properly over such forces, where: (i) that military commander or person either knew or, Owings to the at the time of circumstanc, should have known that the forces were committing or about to commit such crimes; and (ii) that military commander or person failed to take all reasonable measure cessary and not within his or her power to prevent or to their commission or repres it submit the matter to the competent authorities for investigation and prosecution to be. (b) With respect to superior and the relationships described in note subordinat paragraph (a), (a) shall be criminally responsible, the superior for crimes within the jurisdiction of the court committed by under his or her effective subordinat's authority and control, as a result of his or her failure to exercise control properly over such subordinat, where: (i) the superior either knew, or consciously disregarded information which clearly indicated , that the committing or subordinat's were about to commit such crimes; (ii) the crimes concerned activities that were within the effective responsibility and control of the superior; and (iii) the superior failed to take all reasonable measure cessary and not within his or her power to prevent or to their commission or repres it submit the matter to the competent authorities for investigation and prosecution to be. Article 29 Non-applicability of statute of limitations for the crimes within the jurisdiction of the Court shall not be subject to any statute of limitations. Article 30 Mental element 1. Unless otherwise provided, a person shall be criminally responsible (a) and liabl for punishment for a crime within the jurisdiction of the Court only if the material elements are committed with intent and knowledge. 2. For the purpose of this article, a person has intent where: (a) In relations to conduct, that person means to engage in the conduct; (b) In relations to a, the consequences the person means to cause that consequences or is aware that it will occure in the ordinary course of events. 3. For the purpose of this article, "knowledge" means awareness that a game exists or a circumstanc consequences will occure in the ordinary course of events. "Know" and "knowingly" shall be construed accordingly. Article 31 grounds for excluding criminal responsibility 1. In addition to other grounds for excluding criminal responsibility provided for in this Statute, a person shall not be criminally responsible if, at the time of that person's conduct: (a) the person suffer from a mental disease or defect that destroy that person's capacity to appreciate the nature of unlawfulnes or his or her conduct, or capacity to control his or her conduct to conform to the requirements of law; (b) the person is in a State of intoxication that destroy that person's capacity to appreciate the nature of unlawfulnes or his or her conduct, or capacity to control his or her conduct to conform to the requirements of law, unless the person has become voluntarily intoxicated under such circumstanc-that the person knew, or disregarded the risk, that, as a result of the intoxication , he or she was likely to engage in conduct constituting a crime within the jurisdiction of the Court; (c) the person acts reasonably to defend himself or herself or another person or, in the case of war crimes, property which is essential for the survival of the person or another person or property which is essential for accomplishing a military mission, against an imminen and use of unlawful force in a manner proportionat to the degree of danger to the person or the other person or property protected. The fact that the person was involved in a defensive operations conducted by forces shall not in itself a ground for excluding criminal constitut responsibility under this subparagraph; (d) the conduct which is alleged the constitut a crime within the jurisdiction of the Court has been caused by the resulting dures from a threat of death or of continuing or imminen imminen a serious bodily harm against that person or another person, and the person acts reasonably to avoid cessarily and not this threat, provided that the person does not intends to cause a greater harm than the one sought to be avoided. Such a threat may either be: (i) made by other persons; or (ii) Constituted by other persons of beyond that circumstanc's control. 2. The Court shall determin the applicability of the grounds for excluding criminal responsibility provided for in this Statute to the case before it. 3. At trial, the Court may consider a ground for excluding criminal responsibility other than those referred to in paragraph 1 where such a ground is derived from applicable law as set forth in article 21. The procedures relating to the considerations of such a ground shall be provided for in the rules of procedure and evidence. Article 32 mistake of fact or mistake of law 1. A mistake of fact shall be a ground for excluding criminal responsibility only if it negates the mental element required by the crime. 2. A mistake of law as a particular type of whethers it conduct is a crime within the jurisdiction of the Court shall not be a ground for excluding criminal responsibility. A mistake of law may, however, be a ground for excluding criminal responsibility if it negates the mental element required by such a crime, or as provided for in article 33. Article 33 Superior orders and prescription of law 1. The fact that a crime within the jurisdiction of the Court has been committed by a person to an order of a pursuan Government or of a superior, military or civilian, whethers shall relieve the person of note criminal responsibility unless: (a) the person was under a legal obligation it obeys the orders of the Government or the superior in question; (b) the person did not know that the order was unlawful; and (c) the order was not manifestly unlawful. 2. For the purpose of this article, orders to commit genocid or crimes against humanity are manifestly unlawful.   On the COMPOSITION AND ADMINISTRATION OF the 4 the Court article 34 organs of the Court the Court shall be composed of the following organs: (a) the Presidency; (b) An Appeal Division, a Trial Division and a Pre-Trial Division; (c) the Office of the Prosecutor; (d) the Registry. Article 35 service of judge 1 judge shall be elected for. All sharp full-time members of the Court and shall be available to serve on that basis from the commencemen of their terms of Office. 2. the judge of composing the Presidency shall serve on a full-time basis as soon as they are elected. 3. The Presidency may, on the basis of the workload of the Court and in consultation with its members, decide from time to time to what exten the judge shall be required of the remaining serve on a full-time basis. Any such through the IR be without prejudice to the provision of article 40.4. The financial arrangements for judge not required to serve on a full-time basis shall be made in accordanc with article 49. Article 36 qualifications, nomination and election of judge 1. Subject to the provision of paragraph 2, there shall be a judge of the Court of 18. 2. (a) the Presidency, acting on behalf of the Court, may proposes an increase in the number of specified in paragraph 1 of the judge, indicating the reasons why this is considered not cessary and appropriate. The Registrar shall promptly circulate any such proposal to all States parties. (b) Any such proposal shall then be considered at a meeting of the Assembly of States parties to be convened in accordanc with article 112. The proposal shall be considered adopted if approved at the meeting by a vote of two thirds of the members of the Assembly of States parties and shall enter into force at such time as decided by the Assembly of States parties. (c) (i) once a proposal for an increase in the number of the judge has been adopted under subparagraph (b), the election of the additional judge shall take place at the the next session of the Assembly of States parties in accordanc with paragraphs 3 to 8, and article 37, paragraph 2; (ii) once a proposal for an increase in the number of the judge has been adopted and brough under subparagraph a into effect (b) and (c) (i), it shall be open to the Presidency at any time thereafter, if the workload of the Court to it, it proposes justif is a reduction in the number of judge, provided that the number of the judge's shall not be reduced below that specified in paragraph 1. The proposal shall be deal with in accordanc with the procedure put down in subparagraph (a) and (b). In the event that the proposal is adopted, the judge shall be the number of progressively decreased as the terms of Office of judge expires on servings, until the cessary number has been reached. 3. (a) the judge shall be chosen from among the persons of high moral character, impartiality and integrity who posses the qualifications required in their respectiv status for appointment to the highest judicial offices. (b) Every candidate for election to the Court shall: (i) have established competence in criminal law and procedure, and the cessary relevant experience, as judge, prosecutor whethers, advocate or in other similar capacity, in criminal proceedings; or (ii) have established competence in relevant areas of international law such as international humanitarian law and the law of human rights, and extensive experience in a professional legal capacity which is of relevance to the judicial work of the Court; (c) Every candidate for election to the Court shall have an excellent knowledge of and be fluent in at least one of the working languages of the Court. 4. (a) the Nomination of candidate for election to the Court may be made by any State Party to this Statute, and shall be made either: (i) By the procedure for the nomination of the candidate for appointment to the highest judicial office in the State in question; or (ii) By the procedure provided for the nomination of a candidate for the International Court of Justice in the Statute of that Court. You shall be accompanied by a nomination statement in the detail specifying how the cessary candidate will fulfil the requirements of paragraph 3 (b) Each State Party may put forward one candidate for any given election who need not be a national of the cessarily a State Party but shall in any case be a national of a State Party. (c) the Assembly of States parties may decide to establish, if appropriate, an Advisory Committee on the nomination. In that event, the Committee's composition and mandate shall be established by the Assembly of the States parties. 5. For the purpose of the election, there shall be two lists of candidate: list A containing the names of the candidate with the qualifications specified in paragraph 3 (b) (i); and list B containing the names of the candidate with the qualifications specified in paragraph 3 (b) (ii). A candidate with a sufficient qualifications for both lists may choose on which list to appear. At the first election to the Court, at least nine of the judge shall be elected from list A and at least five from list B of the judge for the subsequent elections shall be so organized as to maintain the equivalent proportion on the Court of judge's qualified on the two lists. 6. (a) the judge shall be elected by the secret ballot at a meeting of the Assembly of States parties convened for that purpose under article 112. Subject to paragraph 7, the persons elected to the Court shall be the 18 candidate's who obtain the highest number of votes and a two-thirds majority of the States parties present and voting. (b) In the event that a sufficient number of judge's is not elected on the first ballot in the ballot, successive shall be held in accordanc with the procedures put down in subparagraph (a) until the remaining places have been filled. 7. the judge may be From two of the national of the same State. (A) a person who, for the purpose of membership of the Court, could be regarded as a national of more than one State shall be deemed to be a national of the State in which that person ordinarily exercises civil and political rights. 8. (a) the States parties shall, in the selection of judge, take into account the need, within the membership of the Court, for: (i) the representation of the principal legal systems of the world; (ii) equitable representation location; and (iii) A fair representation of female and male judge. (b) States parties shall also take into account the need to include the judge with legal expertise on specific issues, including, but not limited to, violence against women or children. 9. (a) subject to subparagraph (b), the judge shall hold office for a term of nine years and, subject to subparagraph (c) and to article 37, paragraph 2, shall not be eligible for re-election. (b) At the first election, one third of the elected judge shall be selected by lot to serve for a term of three years; one third of the elected judge shall be selected by lot to serve for a term of six years; and the remainder shall serve for a term of nine years. (c) A judge who is selected to serve for a term of three years under subparagraph (b) shall be eligible for re-election for a full term. 10. Notwithstanding paragraph 9, (a) a judge assigned to a Trial or Appeal Chambers in accordanc with article 39 shall continue in Office to complete any trial or appeal the hearing of which has already commenced before that Chamber. Article 37 Judicial ranges to 1. In the event of a vacancy, an election shall be held in accordanc with article 36 to fill the vacancy. 2. A judge elected to fill a vacancy shall serve for the remainder of the term and, if's predecessors that the period is three years or less, shall be eligible for re-election for a full term under article 36. Article 38 the Presidency 1. The President and the first and Second Vice-President shall be elected by an absolute majority of the judge. They shall each serve for a term of three years or until the end of their respectiv in terms of Office as judge, whichever expires earlier. They shall be eligible for re-election once. 2. The first Vice-President shall act in place of the President in the event that the President is unavailable or disqualified. The Second Vice-President shall act in place of the President in the event that both the President and the first Vice-President are unavailable or disqualified. 3. The President, together with the first and Second Vice-President, the Presidency shall constitut, which shall be responsible for: (a) the proper administration of the Court, with the exception of the Office of the Prosecutor; and (b) the other functions conferred upon it in accordanc with this Statute. 4. In discharging its responsibility under paragraph 3 (a), the Presidency shall line with and seek the concurrence of the Prosecutor on all matters of mutual concern. Article 39 Chambers 1. As soon as possible after the election of the judge, the Court shall organize itself into the division is specified in article 34, paragraph (b). The Appeal Division shall be composed of the President and four others judge, the Trial Division of not less than six and the judge of the Trial Division of the pre-not less than six judge. The assignment of judge shall be their division is based on the nature of the functions to be performed by each division and the qualifications and experience of the elected judge to the Court, in such a way that each division shall contain an appropriate combination of expertise in criminal law and procedure and in international law. The Trial and the Trial Division of the pre-shall be composed predominantly of the criminal trial judge with experience. 2. (a) the judicial functions of the Court shall be carried out in each division by Chambers. (b) (i) the Appeal shall be composed of all the chambers judge of the Appeal Division; (ii) the functions of the Trial Chamber shall be carried out by the three-judge of the Trial Division; (iii) the function of the Pre-Trial Chamber shall be carried out either by three-judge of the Pre-Trial Division or by a single judge of that division in accordanc with this Statute and the rules of procedure and evidence; (c) Nothing in this paragraph shall preclud the simultaneous constitution of more than one Trial Chamber or Pre-Trial Chamber when the efficient management of the Court's workload so requires. 3. (a) the Judge assigned to the Trial and the Trial Division shall be pre-serve in those division for a period of three years, and thereafter until the completion of any case the hearing of which has already commenced in the division concerned. (b) the Judge assigned to the Appeal Division shall serve in that division for their entire term of Office. 4. the Judge assigned to the Appeal Division shall serve only in that division. Nothing in this article shall, however, preclud the temporary attachment of the judge from the Trial Division to the Pre-Trial Division or vice versa, if the Presidency consider that the efficient management of the Court's workload so requires, provided that under (a) shall judge from circumstanc-who has participated in the pre-trial phase of a case be eligible to sit on the Trial Chamber hearing that case. Article 40 Independence of the judge. The judge shall be independent in the performance of their functions. 2. the Judge shall not engage in any activity which is likely to interfer with their judicial functions or their confidence in their independence be affec. 3. the Judge required to serve on a full-time basis at the seat of the Court shall not engage in any other occupation of a professional nature. 4. Any question regarding the application of paragraphs 2 and 3 shall be decided by an absolute majority of the judge. Where any such question concerns an individual judge, that judge shall not take part in the decision. Article 41 Excusing and disqualification of judge 1. The Presidency may, at the request of a judge, excuse that judge from the exercise of a function under this Statute, in accordanc with the rules of procedure and evidence. 2. (a) A judge shall not participat in any case in which his or her impartiality might reasonably be doubted on any ground. (A) a judge shall be disqualified from a case in accordanc with this paragraph if, inter alia, that judge has previously been involved in any capacity in that case before the Court or in a related criminal case at the national level involving the person being investigated or prosecuted. (A) the judge shall also be disqualified on such other grounds as may be provided for in the rules of procedure and evidence. (b) the Prosecutor or the person being investigated or prosecuted may request the disqualification of a judge under this paragraph. (c) Any question as to the disqualification of a judge shall be decided by an absolute majority of the judge. The challenged judge shall be entitled to present his or her comments on the matter, but shall not take part in the decision. Article 42 the Office of the Prosecutor 1. The Office of the Prosecutor shall act independently as a separate organ of the Court. It shall be responsible for receiving referrals and any substantiated information on crimes within the jurisdiction of the Court, for examining them and for conducting investigations and prosecution before the Court. A member of the Office shall not seek or act on instructions from any external source. 2. The Office shall be headed by the Prosecutor. The Prosecutor shall have full authority over the management and administration of the Office, including the staff, facilities and other resources thereof. The Prosecutor shall be assisted by one or more Deputy Prosecutor, who shall be entitled to carry out any of the acts required of the Prosecutor under this Statute. The Prosecutor and the Deputy Prosecutor shall be of a different nationalit. They shall serve on a full-time basis. 3. The Prosecutor and the Deputy Prosecutor shall be of high moral character of the person, be highly competent in and have extensive practical experience in the prosecution or trial of the criminal case. They shall have an excellent knowledge of and be fluent in at least one of the working languages of the Court. 4. The Prosecutor shall be elected by secret ballot by an absolute majority of the members of the Assembly of States parties. The Deputy Prosecutor shall be elected in the same way in from a list of candidate's provided by the Prosecutor. The Prosecutor shall nominat three candidate for each of the position of Deputy Prosecutor to be filled. Unless a shorter term is decided upon at the time of their election, the Prosecutor and the Deputy Prosecutor shall hold the Office for a term of nine years and shall not be eligible for re-election. 5. without the ither a Deputy Prosecutor shall engage Prosecutor nor in any activity which is likely to interfer with his or her prosecutorial functions or to a confidence in his affec or her independence. They shall not engage in any other occupation of a professional nature. 6. The Presidency may excuse the Prosecutor or a Deputy Prosecutor, at his or her request, from acting in a particular case. 7. the Prosecutor nor a Deputy ither Prosecutor shall participat in any matter in which their impartiality might reasonably be doubted on any ground. They shall be disqualified from a case in accordanc with this paragraph if, inter alia, they have previously been involved in any capacity in that case before the Court or in a related criminal case at the national level involving the person being investigated or prosecuted. 8. Any question as to the disqualification of the Prosecutor or a Deputy Prosecutor shall be decided by the Appeal Chambers. (a) the person being investigated or prosecuted may at any time request the disqualification of the Prosecutor or a Deputy Prosecutor on the grounds set out in this article; (b) the Prosecutor or the Deputy Prosecutor, as appropriate, shall be entitled to present his or her comments on the matter; 9. The Prosecutor shall be appoin adviser with legal expertise on specific issues, including, but not limited to, sexual and gender violence and violence against children. Article 43 the Registry 1. The Registry shall be responsible for the non-judicial aspects of the administration and servicing of the Court, without prejudice to the functions and powers of the Prosecutor in accordanc with article 42.2. The Registry shall be headed by the Registrar, who shall be the principal administrative officer of the Court. The Registrar shall exercise his or her functions under the authority of the President of the Court. 3. The Registrar and the Deputy Registrar shall be persons of high moral character, be highly competent and have an excellent knowledge of and be fluent in at least one of the working languages of the Court. 4. the judge shall elect the Registrar by an absolute majority by secret ballot, taking into account any recommendations by the Assembly of States parties. If the need «arise and upon the recommendations of the Registrar, shall elect the judge, in the same manner, a Deputy Registrar. 5. The Registrar shall hold office for a term of five years, shall be eligible for re-election once and shall serve on a full-time basis. The Deputy Registrar shall hold office for a term of five years or such shorter term as may be decided upon by an absolute majority of the judge, and may be elected on the basis that the Deputy Registrar shall be called upon to serve as required. 6. The Registrar shall set up a Victim and Witness Unit within the Registry. This unit shall provide, in consultation with the Office of the Prosecutor, protective measure and security arrangements, counselling and other appropriate assistance for victim witness, who appear before the Court, and others who are at risk on account of givens by such witness news article. The unit shall include staff with expertise in trauma, including trauma related to crimes of sexual violence. Article 44 Staff 1. The Prosecutor and the Registrar shall be appoin such qualified staff as may be required to their respectiv Office. In the case of the Prosecutor, this shall include the appointment of investigators. 2. In the employment of staff, the Prosecutor and the Registrar shall ensur the highest standards of efficiency, competency and integrity, and shall have regard, mutatis mutandis, to the criteria set forth in article 36, paragraph 8. The Registrar, with the agreement of the Presidency and the Prosecutor, shall the Staff proposes regulations which include the terms and conditions upon which the staff of the Court shall be appointed, remunerated and dismissed. The Staff Regulations shall be approved by the Assembly of States parties. 4. The Court may, in exceptional circumstanc, employ the expertise of gratis personnel offered by States parties, intergovernmental organizations or non-governmental organizations to assist with the work of any of the organs of the Court. The Prosecutor may accept any such offer on behalf of the Office of the Prosecutor. Such gratis personnel shall be employed in accordanc with guidelines to be established by the Assembly of States parties. Article 45 Solemn undertaking before taking up their duties under the respectiv this Statute, the judge, the Prosecutor, the Deputy Prosecutor, the Registrar and the Deputy Registrar shall each make a solemn undertaking in open court to exercise his or her functions impartially and conscientiously the respectiv. Article 46 Removal from Office 1. A judge, the Prosecutor, a Deputy Prosecutor, the Registrar or the Deputy Registrar shall be removed from Office if a decision to this effect is made in accordanc with paragraph 2, in cases where that person: (a) Is found to have committed serious misconduc or a serious breach of his or her duties under this Statute is as provided for in the rules of procedure and evidence; or (b) Is Unable to exercise the functions required by this Statute. 2. A decision as to the removal from Office of a judge, the Prosecutor or a Deputy Prosecutor under paragraph 1 shall be made by the Assembly of States parties, by secret ballot: (a) In the case of a judge, by a two-thirds majority of the States parties upon (a) the recommendations adopted by a two-thirds majority of the other judge; (b) In the case of the Prosecutor, by an absolute majority of the States parties; (c) In the case of a Deputy Prosecutor, by an absolute majority of the States parties upon the recommendations of the Prosecutor. 3. A decision as to the removal from Office of the Registrar or Deputy Registrar shall be made by an absolute majority of the judge. 4. A judge, Prosecutor, Deputy Prosecutor, Registrar or Deputy Registrar whose conduct or ability to exercise the functions of the Office as required by this Statute is challenged under this article shall have full opportunity to present and receive evidence and to make submissions in accordanc with the rules of procedure and evidence. The person in question shall not otherwise participat in the considerations of the matter. Article 47 Disciplinary measure of A judge, Prosecutor, Deputy Prosecutor, Registrar or Deputy Registrar who has committed misconduc of a less serious nature than that set out in article 46, paragraph 1, shall be subject to disciplinary measure, in accordanc with the rules of procedure and evidence. Article 48 Privileges and to the immunit 1. The Court shall enjoy in the territory of each State Party such privileges and not the axle to the immunit cessary for the fulfilmen of its purpose. 2. a judge, the Prosecutor, the Deputy Prosecutor and the Registrar shall, when engaged on or with respect to the business of the Court, enjoy the same privileges and sharp with is accorded to the immunit heads of diplomatic missions and shall, after the expiry of their terms of Office, continue to be accorded immunity from legal process of every kind in respect of words spoken or written and acts performed by them in their official capacity. 3. The Deputy Registrar, the staff of the Office of the Prosecutor and the staff of the Registry shall enjoy the privileges and facilities without immunit and cessary for the performance of their functions, in accordanc with the agreement on the privileges and to the immunit of the Court. 4. Counsel, experts, or any other witness a person required to be present at the seat of the Court shall be accorded such treatment as is cessary for the proper functioning not of the Court, in accordanc with the agreement on the privileges and to the immunit of the Court. 5. The privilege and to the immunit of: (a) A judge or the Prosecutor may be waived by an absolute majority of the judge; (b) the Registrar may be waived by the Presidency; (c) the Deputy Prosecutor and the staff of the Office of the Prosecutor may be waived by the Prosecutor; (d) the Deputy Registrar and staff of the Registry may be waived by the Registrar. Article 49 Salar, allowance and expense of a judge, the Prosecutor, the Deputy Prosecutor, the Registrar and the Deputy Registrar shall receive such salar, and expense allowance may be decided upon by the axis of the Assembly of States parties. These and the allowance shall salar not be reduced during their terms of Office. Article 50 Official and working languages 1. The official languages of the Court shall be Arabic, Chinese, English, French, Russian and Spanish. The judgement of the Court, as well as others in resolving fundamental issues decisions before the Court, shall be published in the official languages. The Presidency shall, in accordanc with the criteria established by the rules of procedure and evidence, the decision may be to determin which considered as resolving fundamental issues for the purpose of this paragraph. 2. The working languages of the Court shall be English and French. The rules of procedure and evidence shall determin the cases in which other official languages may be used as working languages. 3. At the request of any party to a proceedings or a State allowed to interven in the proceedings, a court shall a language others than authoriz English or French to be used by such a party or State, provided that the Court will consider such authorization to be adequately justified. Article 51 rules of procedure and evidence 1. The rules of procedure and evidence shall enter into force upon adoption by a two-thirds majority of the members of the Assembly of States parties. 2. Amendments to the rules of procedure and evidence may be proposed by: (a) Any State Party; (b) the judge's acting by an absolute majority; or (c) the Prosecutor. Such amendments shall enter into force in upon adoption by a two-thirds majority of the members of the Assembly of States parties. 3. After the adoption of the rules of procedure and evidence, in urgent cases where the rules do not provide for a specific situation before the Court, the judge may, by a two-thirds majority, draw up provisional rules to be applied until adopted, amended or rejected for an at the next ordinary or special session of the Assembly of States parties. 4. The rules of procedure and evidence, amendments to any provisional rule the theret and shall be consistent with this Statute. Amendments to the rules of procedure and evidence as well as provisional rules shall not be applied retroactively to the of the person detrimen who is being investigated or prosecuted or who has been convicted. 5. In the event of conflict between the Statute and the rules of procedure and evidence, the Statute shall the prevails. Article 52 regulations of the Court 1. The judge shall, in accordanc with this Statute and the rules of procedure and evidence, to an absolute adop, by majority, the regulations of the Court is not a functioning cessary routin for it. 2. The Prosecutor and the Registrar shall be consulted in the elaborations of the regulations and any amendments to theret. 3. The regulations and any amendments will take effect for IR theret upon adoption unless otherwise decided by a judge. Immediately upon adoption, they shall be circulated to States parties for comments. If within six months there are no objection from a majority of States parties, they shall remain in force.   5. INVESTIGATION AND PROSECUTION of article 53 Initiation of an investigation 1. The Prosecutor shall, having evaluated the information made available to him or her, an investigation unless initiat he or she's determin that there is no reasonable basis to proceed under this Statute. In deciding the whethers initiat an investigation, the Prosecutor shall consider whethers: (a) the information available to the Prosecutor provides a reasonable basis to believe that a crime within the jurisdiction of the Court has been or is being committed; (b) the case is or would be a admissibl under article 17; and (c) Taking into account the gravity of the crime and the interests of the victim, there is substantial reason to believe nonetheles that an investigation would not serve the interests of Justice. If the Prosecutor's determin that there is no reasonable basis to proceed and his or her determination is based solely on subparagraph (c) above, he or she shall inform the Pre-Trial Chamber. 2. If, upon investigation, the Prosecutor of conclud that there is not a sufficient basis for a prosecution because: (a) (a) there is not a sufficient legal or factual basis to seek a warrant to summon the or under article 58; (b) the case is inadmissibl is under article 17; or (c) A prosecution is not in the interests of Justice, taking into account all the circumstanc, including the gravity of the crime, the interests of the victim and the age or infirmity of the alleged perpetrator, and his or her role in the alleged crime; the Prosecutor shall inform the Pre-Trial Chamber and the State making a referral under article 14 or the Security Council in a case under article 13, paragraph (b), of the his or her conclusions and the reasons for the conclusions. 3. (a) At the request of the State making a referral under article 14 or the Security Council under article 13, paragraph (b), the Pre-Trial Chamber may review a decision of the Prosecutor under paragraph 1 or 2 not to proceed and may request the Prosecutor to reconsider that decision. (b) In addition, the Pre-Trial Chamber may, on its own initiative, review a decision of the Prosecutor not to proceed if it is based solely on paragraph 1 (c) or 2 (c). In such a case, the decision of the Prosecutor shall be effective only if confirmed by the Pre-Trial Chamber. 4. The Prosecutor may, at any time, reconsider a decision whethers to an investigation or prosecution initiat based on new facts or information. Article 54 duties and powers of the Prosecutor with respect to investigations 1. The Prosecutor shall: (a) In order to establish the truth, extend the investigation to cover all facts and evidence relevant to an assessment of whethers there is criminal responsibility under this Statute, and, in doing so, the incriminating and exonerating the investigat circumstanc equally; (b) take appropriate measure to ensur the effective investigation and prosecution of crimes within the jurisdiction of the Court, and in doing so, respect the interests and personal of victim and witness circumstanc, including age, gender as defined in article 7, paragraph 3, and health, and take into account the nature of the crime, in particular where it's sexual violence involv , gender violence or violence against children; and (c) Fully respect the rights of persons arising under this Statute. 2. The Prosecutor may conduct investigations on the territory of a State: (a) In accordanc with the provision of part 9; or (b) As authorized by the Pre-Trial Chamber under article 57, paragraph 3 (d). 3. The Prosecutor may: (a) collect and examin the evidence; (b) request the presence of and question persons being investigated, victim and witness; (c) Seek the cooperation of any State or intergovernmental organization or through in accordanc with it to the respectiv competence and/or mandate; (d) Enter into such arrangements or agreements, not inconsistent with this Statute, as may be the cessary facilitat not the cooperation of a State, intergovernmental organization or person; (e) agree not to at any stage disclos, of the proceedings, documents or information that the Prosecutor obtain on the condition of confidentiality and solely for the purpose of generating new evidence, unless the consent of the information provider; and (f) take no measure, or request cessary that the measure be taken, not the cessary ensur the confidentiality of information, the protection of any person or the preservation of evidence. Article 55 rights of persons during an investigation 1. In respect of an investigation under this Statute, a person: (a) Shall not be compelled by himself or herself or the incriminat it is the guil confes; (b) Shall not be subjected to any form of coercion, threat, or the dures tortures or to any other form of cruel, inhuman or degrading treatment or punishment; (c) Shall, if questioned in a language other than a language the person fully understand and speaks, have, free of any cost, the assistance of a competent interpreter and such translations be sharp with no cessary to meet the requirements of fairnes; and (d) Shall not be subjected to arbitrary arrest or detention, and shall not be deprived of his or her liberty except on such grounds and in accordanc with such procedures as are established 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 person is about to be questioned either by the Prosecutor, or by national authorities to request a pursuan made under part 9, that person shall also have the following rights of which he or she shall be informed prior to being questioned : (a) To be informed, prior to being questioned, that there are grounds to believe that he or she has committed a crime within the jurisdiction of the Court; (b) To remain silent, without such silence being a considerations in the determination of the guil or innocence; (c) To have the legal assistance of the person's choosing, or, if the person does not have legal assistance, to have legal assistance assigned to him or her, in any case where the interests of justice so require, and without payment by the person in any such case if the person does not have the sufficient means to pay for it; and (d) To be questioned in the presence of counsel unless the person has voluntarily waived his or her right to counsel. Article 56 role of the Pre-Trial Chamber in relations to a unique investigative opportunity 1. (a) where the Prosecutor will consider an investigation to present a unique opportunity to take a news article or a statement from a witness or to examin, collect or test evidence, which may not be available subsequently for the purpose of a trial, the Prosecutor shall so inform the Pre-Trial Chamber. (b) In that case, the Pre-Trial Chamber may, upon request of the Prosecutor, take such measure may not be the axis of the cessary to ensur the efficiency and integrity of the proceedings and, in particular, to protect the rights of the defence. (c) Unless the Pre-Trial Chamber orders otherwise, the Prosecutor shall provide the relevant information to the person who has been arrested or appeared in response to (a) summon in connection with the investigation referred to in subparagraph (a), in order that he or she may be heard on the matter. 2. The measure referred to in of paragraph 1 (b) may include: (a) Making recommendations or orders regarding procedures to be followed; (b) Directing that a record be made of the proceedings; (c) Appointing an expert to assist; (d) Authorizing counsel for a person who has been arrested, or appeared before the Court in response to (a) summon, the participat, or where there has not yet been such an arrest or appearance or counsel has not been designated, appointing another counsel to attend and represen the interests of the defence; (e) Naming one of its members or, if not available, another judge cessary of the Pre-Trial or Trial Division to observe and make recommendations or orders regarding the collection and preservation of evidence and the questioning of persons; (f) Taking such other action as may be does not collect or preserve the cessary evidence. 3. (a) where the Prosecutor has not sought to measure the pursuan this article but the Pre-Trial Chamber consider that such measure to preserve the required evidence that it would be essential to deemas for the defence at trial, it shall consult with the Prosecutor as the whethers there is good reason for the Prosecutor's failure to request the measure. If upon consultation, the Pre Trial Chamber conclud-that-the Prosecutor's failure to request such measure is unjustified, of the Pre-Trial Chamber may take such measure on its own initiative. (b) A decision of the Trial Chamber to the pre-Act on its own initiative under this paragraph may be appealed by the Prosecutor. The appeal shall be heard on an expedited basis. 4. The admissibility of evidence preserved or collected for trial pursuan to this article, or the record thereof, shall be governed at trial by article 69, and given such weight as determined by the Trial Chamber. Article 57 functions and power of the Pre-Trial Chamber 1. Unless otherwise provided for in this Statute, the Trial Chamber shall pre-exercise its function in accordanc with the provision of this article. 2. (a) the Order or ruling of the Pre-Trial Chamber issued under articles 15, 18, 19, 54, paragraph 2, 61, paragraph 7, and 72 must be concurred in by a majority of its judge. (b) In all other cases, a single judge of the Pre-Trial Chamber may exercise the functions provided for in this Statute, unless otherwise is provided for in the rules of procedure and evidence or by a majority of the Pre-Trial Chamber. 3. In addition to its other functions under this Statute, the Trial Chamber may: pre-(a) At the request of the Prosecutor, issue such orders and warrants as may be required for the purpose of an investigation; (b) Upon the request of a person who has been arrested or has appeared to summon a pursuan under article 58, issue such orders, including measure such as those described in the article 56, or seek such cooperation on 9 axis pursuan may not be the person the cessary assist in the preparation of his or her defence; (c) where not cessary, provide for the protection and privacy of victim and witness, the preservation of evidence, the protection of persons who have been arrested or appeared in response to (a) summon, and the protection of national security information; (d) the Authoriz Prosecutor to take specific investigative steps within the territory of a State Party without having secured the cooperation of that State under part 9 if, whenever possible having regard to the views of the State concerned, the Trial Chamber has the pre-determined in that case that the State is clearly unable to execute a request for cooperation due to the unavailability of any authority or any component of its judicial system competent to execute the request for cooperation under part 9 (e) where a warrant of arrest has been issued or a summon will under article 58, and having due regard to the strength of the evidence and the rights of the parties concerned, as provided for in this Statute and the rules of procedure and evidence, seek the cooperation of States to article 93 pursuan, paragraph 1 (k), you take the protective measure for the purpose of the forfeitures imposed in particular, for the ultimate benefit of the victim.

Article 58 Issuance by the Pre-Trial Chamber of a warrant of arrest or a summon to appear At any time after 1 the initiation of an investigation, the Pre-Trial Chamber shall, on the application of the Prosecutor, issue a warrant of arrest of a person if, having examined the application and the evidence or other information submitted by the Prosecutor, it is satisfied that : (a) there are reasonable grounds to believe that the person has committed a crime within the jurisdiction of the Court; and (b) the arrest of the person appear does not: (i) cessary To ensur the person's appearance at trial, (ii) the fact that the person ensur does not endanger the investigation or obstruc or the court proceedings, or (iii) Where applicable, to prevent the person from continuing with the commission of that crime or a related crime which is within the jurisdiction of the Court and which the «arise out of the same circumstanc. 2. The application of the Prosecutor shall contain: (a) the name of the person and any other relevant identifying information; (b) A specific reference to the crimes within the jurisdiction of the Court which the person is alleged to have committed; (c) A concise statement of the facts which are alleged to constitut of those crimes; (d) A summary of the evidence and any other information which establish reasonable grounds to believe that the person committed those crimes; and (e) the reason why the Prosecutor believe the that the arrest of the person is not cessary. 3. The warrant of arrest shall contain: (a) the name of the person and any other relevant identifying information; (b) A specific reference to the crimes within the jurisdiction of the Court for which the person's arrest is sought; and (c) A concise statement of the facts which are alleged to constitut of those crimes. 4. The warrant of arrest shall remain in effect until otherwise ordered by the Court. 5. On the basis of the warrant of arrest, the Court may request the provisional arrest or the arrest and surrender of the person under part 9.6. The Prosecutor may request the Trial Chamber to the pre-amend the warrant of arrest by modifying or adding to the crimes specified therein. The Pre-Trial Chamber shall so amend the warrant if it is satisfied that there are reasonable grounds to believe that the person committed the modified or additional crimes. 7. As an alternative to seeking a warrant of arrest, the Prosecutor may submit an application requesting that the Pre-Trial Chamber issue a summon for the person to appear. If the Pre-Trial Chamber is satisfied that there are reasonable grounds to believe that the person committed the crime alleged and that a summon is sufficient to ensur the person's appearance, it shall issue the summon, with or without conditions restricting liberty (other than detention) if provided for by national law, for the person to appear. The summon of shall contain: (a) the name of the person and any other relevant identifying information; (b) the specified date on which the person is to appear; (c) A specific reference to the crimes within the jurisdiction of the Court which the person is alleged to have committed; and (d) A concise statement of the facts which are alleged to constitut the crime. The summon of the IR be served on the person. Article 59 arrest proceedings in the custodial State 1. A State Party which has received a request for provisional arrest or for arrest and surrender shall immediately take steps to arrest the person in question in accordanc with it law and the provision of About 9.2. (A) the person arrested shall be brough to promptly before the competent judicial authority in the custodial State which shall the determin- , in accordanc with the law of that State, that: (a) the warrant applies to that person a; (b) the person has been arrested in accordanc with the proper process; and (c) the person's rights have been respected. 3. The person arrested shall have the right to apply to the competent authority in the custodial State for interim release pending surrender. 4. In reaching a decision on any such application, the competent authority in the custodial State shall consider whethers, given the gravity of the alleged crimes, there are urgent and exceptional to justify circumstanc interim release and whethers cessary safeguards exist not to ensur that the custodial State can fulfil its duty to surrender the person to the Court. It shall not be open to the competent authority of the custodial State to consider whethers the warrant of arrest was properly issued in accordanc with article 58, paragraph 1 (a) and (b). 5. The Pre-Trial Chamber shall be notified of any request for interim release and shall make recommendations to the competent authority in the custodial State. The competent authority in the custodial State shall give full considerations to such recommendations, including recommendations on any measure to prevent the the escape of the person, before rendering its decision. 6. If the person is granted interim release, the Pre-Trial Chamber may request periodic reports on the status of the interim release. 7. Once ordered to be surrendered by the custodial State, the person shall be delivered to the Court as soon as possible. Article 60 Initial proceedings before the Court 1. Upon the surrender of the person to the Court, or the person's appearance before the court voluntarily or pursuan to a summon, the Pre-Trial Chamber shall satisfy itself that the person has been informed of the crimes which he or she is alleged to have committed, and of his or her rights under this Statute is , including the right to apply for interim release pending trial. 2. A person subject to a warrant of arrest may apply for interim release pending trial. If the Pre-Trial Chamber is satisfied that the conditions set forth in article 58, paragraph 1, to me, the person shall continue to be detained. If it is not so satisfied, the Pre-Trial Chamber shall release the person, with or without conditions. 3. The Trial Chamber shall pre-periodically review its ruling on the release or detention of the person, and may do so at any time on the request of the Prosecutor or the person. Upon such review, it may modify its ruling as to detention, release or conditions of release, if it is satisfied that changed the so require circumstanc. 4. The Pre-Trial Chamber shall ensur that (a) a person is not detained for an unreasonabl period prior to trial due to inexcusabl of the delay by the Prosecutor. If such delay will occure, the Court shall consider the person, with releasings or without condition. 5. If not cessary, the Pre-Trial Chamber may issue a warrant of arrest to secure the presence of a person who has been released. Article 61 Confirmation of the charges before trial 1. Subject to the provision of paragraph 2, within a reasonable time after the person's surrender or voluntary appearance before the Court, the Pre-Trial Chamber shall hold a hearing to confirm the charges on which the Prosecutor intends to seek trial. The hearing shall be held in the presence of the Prosecutor and the person charged, as well as his or her counsel. 2. The Pre-Trial Chamber may, upon request of the Prosecutor or on its own motion, hold a hearing in the absence of the person charged to confirm the charges on which the Prosecutor intends to seek trial when the person has: (a) Waived his or her right to be present; or (b) Fled or cannot be found and all reasonable steps have been taken to secure his or her appearance before the Court and to inform the person of the charges and that a hearing to confirm those charges will be held. In that case, the person shall be represented by counsel where the Pre-Trial Chamber of determin that it is in the interests of Justice. 3. Within a reasonable time before the hearing, the person shall: (a) Be provided with a copy of the document containing the charges on which the Prosecutor intends to bring the person to trial; and (b) Be informed of the evidence on which the Prosecutor intends to rely at the hearing. The Pre-Trial Chamber may issue orders regarding the disclosure of information for the purpose of the hearing. 4. Before the hearing, the Prosecutor may continue the investigation and may amend or withdraw any charges. The Parties shall be given reasonable notice before the hearing of any amendment to or withdrawals of charges. In the case of (a) withdrawals of charges, the Prosecutor shall notify the Pre-Trial Chamber of the reasons for the withdrawals. 5. At the hearing, the Prosecutor shall support each charge with sufficient evidence to establish substantial grounds to believe it that the person committed the crime charged. The Prosecutor may rely on documentary or summary evidence and need not call the witness's expected to testify at the trial. 6. At the hearing, the person may: (a) object to the charges; (b) challenge the evidence presented by the Prosecutor; and (c) present evidence. 7. The Pre-Trial Chamber shall, on the basis of the hearing, the whethers there is sufficient determin the evidence to establish substantial grounds to believe that the person committed each of the crimes charged. Based on its determination, the Pre-Trial Chamber shall: (a) Confirm those charges in relations to which it has determined that there is sufficient evidence, and to commit the person to a Trial Chamber for trial on the charges as confirmed; (b) to confirm Declin those charges in relations to which it has determined that there is insufficient evidence; (c) Adjourn the hearing and request the Prosecutor to consider: (i) Providing further evidence or conducting further investigation with respect to a particular charge; or (ii) Amending a charge because the evidence submitted appear to establish a different crime within the jurisdiction of the Court. 8. Where the Pre-Trial Chamber to confirm a declin charges, the Prosecutor shall not be precluded from subsequently requesting its confirmation if the request is supported by additional evidence. 9. After the charges are confirmed and before the trial has begun, the Prosecutor may, with the permission of the Pre-Trial Chamber and after notice to the accused, amend the charges. If the Prosecutor will seek to add additional charges or to substitute more serious charges, a hearing under this article to confirm those charges must be held. After the trial, commencemen of the Prosecutor may, with the permission of the Trial Chamber, withdraw the charges. 10. Any warrant previously issued shall cease to have effect it with respect to any charges which have not been confirmed by the Pre-Trial Chamber or which have been withdrawn by the Prosecutor. 11. Once the charges have been confirmed in accordanc with this article, the Presidency shall constitut a Trial Chamber which, subject to paragraph 9 and to article 64, paragraph 4, shall be responsible for the conduct of subsequent proceedings and may exercise any function of the Pre-Trial Chamber that is relevant and capable of application in those proceedings.   About 6. The TRIAL article 62 place of trial Unless otherwise decided, in the place of the trial shall be the seat of the Court. Article 63 Trial in the presence of the accused 1. The accused shall be present during the trial. 2. If the accused, being present before the Court, to continue the trial, disrup the Trial Chamber may remove the accused and shall make provision for him or her to observe the trial and instruct counsel from outside the courtroom, through the use of communications technology, if required. Such measure shall be taken only in the exceptional circumstanc-after other reasonable alternatives have proved inadequat, and only for such duration as is strictly required. Article 64 functions and powers of the Trial Chamber 1. The functions and powers of the Trial Chamber set out in this article shall be exercised in accordanc with this Statute and the rules of procedure and evidence. 2. The Trial Chamber shall ensur that a trial is fair and is conducted with full expeditio and respect for the rights of the accused and due regard for the protection of victim and witness. 3. Upon assignment of a case for trial in accordanc with this Statute, the Trial Chamber assigned to deal with the case shall: (a) Confer with the parties and to such procedures as adop with cessary to facilitat not the fair and for the conduct of the expeditio proceedings; (b) Determin the language or languages to be used at trial; and (c) subject to any other relevant provision of this Statute, provide for disclosure of documents or information not previously disclosed, sufficiently in advance of the trial of the commencemen to enable preparation for trial of adequat. 4. The Trial Chamber may, if not for its effective cessary and fair functioning, refer preliminary issues to the Pre-Trial Chamber or, if not available, another cessary judge of the Pre-Trial Division. 5. Upon notice to the parties, the Trial Chamber may, as appropriate, direct that there be joinder or severance in respect of charges against more than one accused. 6. In performing its functions prior to trial or during the course of a trial, the Trial Chamber may, as no cessary: (a) exercise any functions of the Pre-Trial Chamber referred to in article 61, paragraph 11; (b) require the attendance of a witness and news article and production of documents and other evidence by obtaining, if not cessary, the assistance of States as provided in this Statute; (c) provide for the protection of confidential information; (d) Order the production of evidence in addition to that already collected prior to the trial or presented during the trial by the parties; (e) provide for the protection of the accused, witness and victim; and (f) rule on any other relevant matters. 7. The trial shall be held in public. The Trial Chamber may, however, that determin special circumstanc-requires that certain proceedings be in closed session for the purpose of set forth in article 68, or to protect confidential or sensitive information to be given in evidence. 8. (a) At the commencemen of the trial, the Trial Chamber shall have read to the accused the charges previously confirmed by the Pre-Trial Chamber. The Trial Chamber shall satisfy itself that the accused understand the nature of the charges. It shall afford him or her the opportunity to make an admission of guil in accordanc with article 65 or to plead not guilty. (b) At the trial, the presiding judge may give directions for the conduct of proceedings, including to ensur that ut300r2u conducted in a fair and impartial manner. Subject to any directions of the presiding judge, the parties may submit evidence in accordanc with the provision of this Statute. 9. The Trial Chamber shall have, inter alia, the power on application of a party or on its own motion to: (a) rule on the admissibility or relevance of evidence; and (b) take all steps to maintain order cessary not in the course of a hearing. 10. The Trial Chamber shall ensur that a complete record of the trial, which accurately reflect the proceedings, is made and that it is maintained and preserved by the Registrar. Article 65 proceedings on an admission of guil 1. Where the accused makes an admission of the guil pursuan to article 64, paragraph 8 (a), the Trial Chamber shall: (a) determin the whethers the accused understand the nature and consequences of the admission of the guil; (b) the admission is voluntarily made by the accused after sufficient consultation with defence counsel to; and (c) the admission of guil is supported by the facts of the case that are led in: (i) the charges brough by the Prosecutor and admitted by the accused; (ii) Any materials presented by the Prosecutor which supplement the charges and which the accused accept; and (iii) Any other evidence, such as the news article of witness, presented by the Prosecutor or the accused. 2. Where the Trial Chamber is satisfied that the matters referred to in paragraph 1 are established, it shall consider the admission of the guil, together with any additional evidence presented, as establishing all the essential facts that are required to process the crime to which the admission of the guil, and may relate to the accused convic of that crime. 3. Where the Trial Chamber is not satisfied that the matters referred to in paragraph 1 are established, it shall consider the admission of not having been made as guil, in which case it shall order that the trial be continued under the ordinary trial procedures provided by this Statute and may be the cas remi to another Trial Chamber. 4. Where the Trial Chamber is of the opinion that a more complete presentation of the facts of the case is required in the interests of Justice, in particular the interests of the victim, the Trial Chamber may: (a) request the Prosecutor to present additional evidence, including the news article of witness; or (b) Order that the trial be continued under the ordinary trial procedures provided by this Statute, in which case it shall consider the admission of not having been made as guil and may be the cas remi to another Trial Chamber. 5. Any discussions between the Prosecutor and the defence regarding modification of the charges, the admission of the guil or the penalty to be imposed shall not be binding on the Court. Article 66 Presumption of innocence 1. Everyone shall be presumed innocent until proved guilty before the Court in accordanc with the applicable law. 2. The one on the ICT Prosecutor it prov the guil of the accused. 3. In order to be the accused convic, the Court must be convinced of the guil of the accused beyond a reasonable doubt. Article 67 rights of the accused 1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provision of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantee, in full equality: (a) To be informed promptly and in detail of the nature, cause and content of the charge, in a language which the accused fully understand and speak; (b) To have an adequat time and facilities for the preparation of the defence and to communicate freely with counsel of the accused's choosing in confidence; (c) To be tried without delay of the undu; (d) subject to article 63, paragraph 2, to be present at the trial, to conduct the defence in person or through legal assistance of the accused's choosing, to be informed, if the accused does not have legal assistance, of this right and to have legal assistance assigned by the Court in any case where the interests of justice so require, and without payment if the accused lack sufficient means to pay for it for it; (e) the examin, or have examined, the witness's against him or her and to obtain the attendance and examination of witness on his behalf under the or here the same conditions as the witness against him or her. The accused shall also be entitled to raise the defence and to present other evidence of admissibl under this Statute; (f) To have, free of any cost, the assistance of a competent interpreter and such translations be sharp with no cessary to meet the requirements of fairnes, if any of the proceedings of or documents presented to the Court are not in a language which the accused fully understand and speak; (g) Not to be compelled to testify or to the remains of the guil and confes silent, without such silence being a considerations in the determination of the guil or innocence; (h) To make an unsworn oral or written statement in his or her defence; and (i) Not to have imposed on him or her any reversal of the burden of proof or any one of rebuttal. 2. In addition to any other disclosure provided for in this Statute, the Prosecutor shall, as soon as practicabl, disclos to the defence evidence in the Prosecutor's possession or control which he or she believe show or tend to show the innocence of the accused, or to the guil mitigat of the accused, or which may be affec the credibility of prosecution evidence. In case of doubt as to the application of this paragraph, the Court shall decide. Article 68 Protection of the victim and witness and their participation in the proceedings 1. The Court shall take appropriate measure to protect the safety, physical and psychological well-being, dignity and privacy of victim and witness. In so doing, the Court shall have regard to all relevant factors, including age, gender as defined in article 7, paragraph 3, and health, and the nature of the crime, in particular, but not limited to, where the crime of sexual or gender violence involv or violence against children. The Prosecutor shall take such measure of particularly during the investigation and prosecution of such crimes. These measure shall not be the question 2(a) of or inconsistent with the rights of the accused and a fair and impartial trial. 2. As an exception to the principle of public hearing provided for in article 67, the Chambers of the Court may, to protect a witness or victim and an accused, conduct any part of the proceedings in camera or allow the presentation of evidence by electronic or other special means. In particular, such measure shall be implemented for the in the case of a victim of sexual violence or a child who is a victim or a witness, unless otherwise ordered by the Court, by having regard to all the circumstanc, particularly the views of the victim or witness. 3. Where the personal interests of the victim with the affected, the Court shall permit their views and concerns to be presented and considered at stages of the proceedings determined to be appropriate by the Court and in a manner which is not inconsistent with the question 2(a) or the rights of the accused and a fair and impartial trial. Such views and concerns may be presented by the legal representatives of the victim where the Court consider it appropriate, in accordanc with the rules of procedure and evidence. 4. The Victim and Witness Unit may advise the Prosecutor and the Court on appropriate protective measure, security arrangements, counselling and assistance as referred to in article 43, paragraph 6.5. Where the disclosure of evidence or information to this Statute of pursuan may lead to the grave endangerment of the security of a witness or his or her family, the Prosecutor may , for the purpose of any proceedings conducted prior to the trial of the commencemen, withhold such evidence or information and instead submit a summary thereof. Such measure shall be exercised in a manner of which is not to question 2(a) or inconsistent with the rights of the accused and a fair and impartial trial. 6. A State may make an application for the measure to be taken cessary not in respect of the protection of its servants or agents and the protection of confidential or sensitive information. Article 69 evidence 1. Before testifying, each witness shall, in accordanc with the rules of procedure and evidence, give an undertaking as to the truthfulnes of the evidence to be given by that witness. 2. The news article of a witness at trial shall be given in person, except to the exten to provided by the measure of the set forth in article 68 or in the rules of procedure and evidence. The Court may also permit the giving of viva voce (oral) or recorded news article of a witness by means of video or audio technology, as well as the introduction of documents or written transcripts, subject to this Statute and in accordanc with the rules of procedure and evidence. These measure shall not be the question 2(a) of or inconsistent with the rights of the accused. 3. The parties may submit evidence relevant to the case, in accordanc with article 64. The Court shall have the authority to request the submission of all evidence that it does not consider cessary for the determination of the truth. 4. The Court may rule on the relevance or admissibility of any evidence, taking into account, inter alia, the probativ value of the evidence and any prejudice that such evidence may cause to a fair trial or to a fair evaluation of the news article of a witness, in accordanc with the rules of procedure and evidence. 5. The Court shall respect and observe privileges on confidentiality as provided for in the rules of procedure and evidence. 6. The Court shall not require proof of facts of common knowledge but may take judicial notice of them. 7. Evidence obtained by means of a violation of this Statute or internationally recognized human rights shall not be admissibl if: (a) the violation casts substantial doubt on the reliability of the evidence; or (b) the admission of the evidence would be antithetical to and would seriously damage the integrity of the proceedings. 8. When deciding on the relevance or admissibility of evidence collected by a State, the Court shall not rule on the application of the State's national law. Article 70 of the Offenc against the administration of Justice 1. The Court shall have jurisdiction over the following of the offenc against its administration of Justice when committed intentionally: (a) Giving false news article when under an obligation to their article pursuan 69, paragraph 1, to tell the truth; (b) Presenting evidence that the party knows is false or forged; (c) Corruptly influencing a witness, obstructing or interfering with the attendance or news article of a witness, retaliating against a witness for giving news article or destroying, tampering with or interfering with the collection of evidence; (d) Impeding, intimidating or corruptly influencing an official of the Court for the purpose of forcing or persuading the official not to perform, or to perform improperly, his or her duties; (e) Retaliating against an official of the Court on account of duties performed by that or another official; (f) Soliciting or accepting a brib as an official of the Court in connection with his or her official duties. 2. The principles and procedures each time the the Court's exercise of jurisdiction over the offenc under this article shall be those provided for in the rules of procedure and evidence. The conditions for providing international cooperation to the Court with respect to its proceedings under this article shall be governed by the domestic law of the requested State. 3. In the event of convictions, the Court may (a) term of imprisonmen impost not exceeding five years, or a fine in accordanc with the rules of procedure and evidence, or both. 4. (a) Each State Party shall extend its criminal laws penalizing the offenc against the integrity of its own investigative or judicial process against the administration of the offenc of Justice referred to in this article, committed on its territory, or by one of its nationals; (b) Upon request by the Court, whenever it it proper, deemas the State Party shall submit the case to its competent authorities for the purpose of the prosecution. Those authorities shall treat such cases with diligence and Johnson sufficient resources to enable them to be conducted effectively. Article 71 sanctions for misconduc before the Court 1. The Court may sanction persons present before it who commit misconduc, including disruption of its proceedings or deliberate refusal to comply with its directions, by administrative measure than the others, such as the temporary imprisonmen or permanent removal from the courtroom, a fine or other similar measure's provided for in the rules of procedure and evidence. 2. The procedure each of the imposition of the measure of the set forth in paragraph 1 shall be those provided for in the rules of procedure and evidence. Article 72 Protection of national security information 1. This article applies in any case where the disclosure of the information or documents of a State would, in the opinion of that State, prejudice its national security interests. Such cases include those falling within the scope of 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 arising at any other stage of the proceedings where such disclosure may be at issue. 2. This article shall also apply when a person who has been requested to give information or evidence has refused to do so or has referred the matter to the State on the ground that disclosure would prejudice the national security interests of a State and the State concerned confirm that it is of the opinion that disclosure would prejudice its national security interests. 3. Nothing in this article shall prejudice the requirements of confidentiality applicable under article 54, paragraph 3 (e) and (f), or the application of article 73.4. If a State learn that information or documents of the State are being, or are likely to be, disclosed at any stage of the proceedings, and it is of the opinion that disclosure would prejudice its national security interests , that State shall have the right to obtain resolution in order to interven of the issue in accordanc with this article. 5. If, in the opinion of a State, disclosure of information would prejudice its national security interests, all reasonable steps will be taken by the State, acting in conjunction with the Prosecutor, the defence or the Pre-Trial Chamber or Trial Chamber, as the case may be, to seek to resolve the matter by cooperative means. Such steps may include: (a) Modification or clarification of the request; (b) A determination by the Court regarding the relevance of the information or evidence sought, or a determination as to whethers the evidence, though relevant, could be or has been obtained from a source other than the requested State; (c) Obtaining the information or evidence from a different source or in a different form; or (d) agreement on conditions under which the assistance could be provided including, among others things, providing summaries or redaction, limitations on disclosure, use of in camera or ex parte proceedings, or other protective measure under the Statute of the permissibl and the rules of procedure and evidence. 6. Once all reasonable steps have been taken to resolve the matter through cooperative means, and if the State consider that there are from the mean or conditions under which the information or documents could be provided or disclosed without prejudice to its national security interests, it shall so notify the Prosecutor or the Court of the specific reasons for its decision , unless a specific description of the reasons would itself result in cessarily not such prejudice to the State's national security interests. 7. Thereafter, if the Court of determin that the evidence is relevant and not cessary for the establishment of the guil or innocence of the accused, the Court may in the following actions undertak: (a) where disclosure of the information or document is sought to a request for pursuan cooperation under part 9 or the described in paragraph 2, the circumstanc and the State has invoked the ground for refusal referred to in article 93 , paragraph 4: (i) the Court may, before making any conclusions referred to in subparagraph 7 (a) (ii), request further consultation for the purpose of considering the State's representation, which may include, as appropriate, the hearing in camera and ex parte; (ii) If the Court that, by invoking the conclud the ground for refusal under article 93, paragraph 4, in the case of the circumstanc, the requested State is not acting in accordanc with its obligation under this Statute, the Court may refer the matter in accordanc with article 87, paragraph 7, specifying the reasons for its conclusions; and (iii) the Court may make such inferenc in the trial of the accused as to the existenc or non-existenc of a fact, as may be appropriate in the circumstanc; or (b) In all other circumstanc: (i) Order disclosure; or (ii) To the exten it does not order disclosure, make such inferenc in the trial of the accused as to the existenc or non-existenc of a fact, as may be appropriate in the circumstanc. Article 73 Third-party information or documents If a State Party is requested by the Court to provide a document or information in its custody, possession or control, which was disclosed to it in confidence by a State, intergovernmental organization or international organization, it shall seek the consent of the originator to disclos that document or information. If the originator is a State Party, it shall either consent to the disclosure of the information or document or undertak to resolve the issue of disclosure with the Court, subject to the provision of article 72. If the originator is not a State Party and the consent of the refus to disclosure, the requested State shall inform the Court that it is unable to provide the document or information because of a pre-existing obligation of confidentiality to the originator. Article 74 requirements for the decision 1. All judge of the Trial Chamber shall be present at each stage of the trial and throughout their deliberation be. The Presidency may, on a case-by-case basis, as available, designat, one or more alternate judge to be present at each stage of the trial and to replace a member of the Trial Chamber if that member is unable to continue attending. 2. The Trial Chamber's decision shall be based on its evaluation of the evidence and the entire proceedings. The decision shall not exceeds 100 the facts and described in the charge of circumstanc and any amendments to the charges. The Court may base its decision only on evidence submitted and discussed before it at the trial. 3. the judge shall attempt to achieve unanimity in their decision, failing of which the decision shall be taken by a majority of the judge. 4. The deliberation of the Trial Chamber shall remain secret. 5. The decision shall be in writing and shall contain a full and reasoned statement of the Trial Chamber's finding on the evidence and conclusions. The Trial Chamber shall issue one decision. When there is no unanimity, the Trial Chamber's decision shall contain the views of the majority and the minority. The decision or a summary thereof shall be delivered in open court. Article 75 reparations the victim 1. The Court shall establish principles relating to reparations to, or in respect of, the victim, restitution, compensation and rehabilitation including. On this basis, in its decision the Court may, either upon request or on its own motion in exceptional circumstanc, determin the scope and exten of any damage, loss and injury to, or in respect of, the victim and will state the principles on which it is acting. 2. The Court may make an order directly against a convicted person specifying appropriate reparations to, or in respect of, the victim, restitution, compensation and rehabilitation including. Where appropriate, the Court may order that the award for reparations be made through the Trust Fund provided for in article 79.3. Before making an order under this article, the Court may invite and shall take account of representation from or on behalf of the convicted person, the victim, other interested persons or interested States. 4. In exercising its power under this article, the Court may, after a person is convicted of a crime within the jurisdiction of the Court, in order to determin the whethers, give effect to an order which it may make under this article, it is not the measure of the cessary seek under article 93, paragraph 1 (A) a State Party 5 shall give effect to a decision under this article as if the provision of article 109 were applicable to this article. 6. Nothing in this article shall be interpreted as prejudicing the rights of the victim under national or international law. Article 76 Sentencing 1. In the event of (a) convictions, the Trial Chamber shall consider the appropriate line to be imposed and shall take into account the evidence presented and submissions made during the trial that the relevant to the line. 2. Except where article 65 applies and before the completion of the trial, the Trial Chamber may on its own motion and shall, at the request of the Prosecutor or the accused, hold a further hearing to hear any additional evidence or submissions relevant to the line, in accordanc with the rules of procedure and evidence. 3. Where paragraph 2 applies, any representation under article 75 shall be heard during the further hearing referred to in paragraph 2 and, if not, during any additional hearing cessary. 4. The Office shall be pronounced in line with the and, wherever possible, be published in the presence of the accused.   About a 7. Penalties article 77 applicable penalties 1. Subject to article 110, the Court may impost on of the following penalties on a person convicted of a crime referred to in article 5 of this Statute: (a) for a specified number of Imprisonmen years, which may not (a) exceeds 100 maximum of 30 years; or (b) A term of life when justified by imprisonmen the extreme gravity of the crime and the individual of the convicted person of circumstanc. 2. In addition to the Court, imprisonmen may order: (a) A fine under the criteria provided for in the rules of procedure and evidence; (b) (A) of the forfeitures imposed proceed, property and assets derived directly or indirectly from that crime, without prejudice to the rights of bona fide third parties. Article 78 Determination of the line 1. In determining the line, the Court shall, in accordanc with the rules of procedure and evidence, take into account such factors as the gravity of the crime and the individual of the convicted person of circumstanc. 2. In imposing a line of imprisonmen, the Court shall be the deduc time, if any, previously spen in detention in accordanc with an order of the Court. The Court may at any time otherwise deduc spen in detention in connection with conduct underlying the crime. 3. When a person has been convicted of more than one crime, the Court shall (a) for each line pronounc crime and a joint line specifying the total period of of imprisonmen. This period shall be of less than the highest individual line is pronounced and shall not exceeds 100 30 years a line of imprisonmen or life imprisonmen in conformity with article 77, paragraph 1 (b). Article 79 Trust Fund 1 A Trust Fund shall be established by decision of the Assembly of States parties for the benefit of the victim of crime within the jurisdiction of the Court, and of the families of such victim. 2. The Court may order money and other property collected through fin or forfeitures imposed to be transferred, by order of the Court, to the Trust Fund. 3. The Trust Fund shall be managed according to criteria to be determined by the Assembly of States parties. Article 80 Non-prejudice to national application of penalties and national laws Nothing in this About the Lady the application by States of penalties prescribed by their national law, nor the law of States which do not provide for penalties prescribed in this part.   About 8. APPEAL AND REVISION article 81 Appeal against decision of acquittal or convictions or against 1. line A decision under article 74 may be appealed in accordanc with the rules of procedure and evidence as follows: (a) the Prosecutor may make an appeal on any of the following grounds: (i) Procedural error, (ii) Error of fact, or (iii) Error of law; (b) the convicted person, or the Prosecutor on that person's behalf, may make an appeal on any of the following grounds: (i) Procedural error, (ii) Error of fact, (iii) Error of law, or (iv) Any other ground that the Lady fairnes or reliability of the proceedings or decision. 2. (a) (A) may be appealed in line, in accordanc with the rules of procedure and evidence, by the Prosecutor or the convicted person on the ground of disproportion between the crime and the line; (b) If on an appeal against the line the Court consider that there are grounds on which the convictions might be set aside, wholly or in part, it may invite the Prosecutor and the convicted person to submit grounds under article 81, paragraph 1 (a) or (b), and may render a decision on convictions in accordanc with article 83; (c) the same procedure applies when the Court, on an appeal against convictions only, consider that there are grounds to reduce the line is under paragraph 2 (a). 3. (a) Unless the Trial Chamber orders otherwise, a convicted person shall remain in custody pending an appeal; (b) When a convicted person's time in custody exceeds 100 for the line of an imposed, that person imprisonmen shall be released, except that if the Prosecutor be is also appealing, the release may be subject to the conditions under subparagraph (c) below; (c) In the case of an acquittal, the accused shall be released immediately, subject to the following: (i) Under exceptional circumstanc, and having regard, inter alia, to the concrete risk of flight, the seriousnes of the offenc is charged and the probability of success on appeal, the Trial Chamber, at the request of the Prosecutor, may maintain the detention of the person pending appeal; (ii) A decision by the Trial Chamber under subparagraph (c) (i) may be appealed in accordanc with the rules of procedure and evidence. 4. Subject to the provision of paragraph 3 (a) and (b), execution of the decision shall be in line with or suspended during the period allowed for appeal and for the duration of the appeal proceedings. Article 82 Appeal against other decisions 1. Either party may appeal any of the following decision in accordanc with the rules of procedure and evidence: (a) A decision with respect to jurisdiction or admissibility; (b) A decision granting or denying release of the person being investigated or prosecuted; (c) A decision of the Trial Chamber to the pre-Act on its own initiative under article 56, paragraph 3; (d) A decision that an issue of that involv would significantly affec the fair and for the conduct of the expeditio proceedings or the outcome of the trial, and for which, in the opinion of the Pre-Trial or Trial Chamber, an immediate resolution by the Appeal of the Chamber may materially advance the proceedings. 2. A decision of the Pre-Trial Chamber under article 57, paragraph 3 (d), may be appealed against by the State concerned or by the Prosecutor, with the leave of the Pre-Trial Chamber. The appeal shall be heard on an expedited basis. 3. An appeal shall not of itself have a suspensiv effect unless the Appeal Chambers so orders, upon request, in accordanc with the rules of procedure and evidence. 4. A legal representative of the victim, the convicted person or a bona fide owner of property adversely affected by an order under article 75 may appeal against the order for reparations, as provided in the rules of procedure and evidence. Article 83 proceedings on appeal 1. For the purpose of proceedings under article 81 and this article, the Appeal Chambers shall have all the powers of the Trial Chamber. 2. If the Appeal Chambers finds that the proceedings appealed from were unfair in a way that affected the reliability of the decision or line, or that the decision appealed from was materially or line is affected by error of fact or law or procedural error, it may: (a) reverse or amend the decision or line; or (b) Order a new trial before a different Trial Chamber. For these purpose, the Appeal may remand a factual Chambers issue to the original Trial Chamber for it to determin the issue and to report back accordingly, or may itself call evidence to determin the issue. When the decision has been appealed only by line or by the convicted person, or the Prosecutor on that person's behalf, it cannot be amended to his or her detrimen. 3. If in an appeal against the Appeal Chambers line finds that the line is disproportionat to the crime, it may vary the line in accordanc with About 7.4. The judgement of the Appeal Chamber shall be taken by a majority of a judge and shall be delivered in open court. The judgement shall state the reasons on which it is based. When there is no unanimity, the judgement of the Appeal in the Chamber shall contain the views of the majority and the minority, but a judge may deliver a separate or dissenting opinion on a question of law. 5. The Appeal Chambers may deliver its judgement in the absence of the person acquitted or convicted. Article 84 Revision of convictions or line 1. The convicted person or, after death, the spouse, children, parents or one person alive at the time of the accused's death who has been given express written instructions from the accused to bring such a claim, or the Prosecutor on the person's behalf, may apply to the Appeal Chambers to revisit the final judgement of convictions or line on the grounds that : (a) New evidence has been discovered that: (i) Was not available at the time of trial, and such unavailability was not wholly or partially attributabl to the party making application; and (ii) Is sufficiently important that had it been proved at trial it would have been likely to have resulted in a different verdict; (b) It has been newly discovered that evidence, the decisiv taken into account at trial and upon which the convictions depend, was false, forged or falsified; (c) one or more of the judge's who participated in convictions or confirmation of the charges has committed, in that case, an act of serious misconduc or serious breach of duty of sufficient gravity to justify it to the removal of that judge or those of the judge from Office under article 46.2. The Appeal Chambers shall be the rejec applications if it consider it to be unfounded. Determin if it's that the application is meritorio, it may, as appropriate: (a) Reconven the original Trial Chamber; (b) the Constitut a new Trial Chamber; or (c) Retain jurisdiction over the matter, with a view to, after hearing the parties in the manner set forth in the rules of procedure and evidence, arriving at a determination on whethers the judgement should be revised. Article 85 Compensation to an arrested or convicted person 1. Anyone who has been the victim of unlawful arrest or detention shall have the right to compensation enforceabl the United Nations. 2. When a person has by a final decision been convicted of a criminal, and when subsequently his offenc or her convictions has been reversed on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriag of Justice, the person who has suffered punishment as a result of such convictions shall be compensated according to law , unless it is proved that the non-disclosure of the unknown fact in time is wholly or partly attributabl it to him or her. 3. In the exceptional circumstanc, where the Court finds the conclusiv facts showing that there has been a grave and manifest miscarriag of Justice, it may in its discretion award compensation, according to the criteria provided in the rules of procedure and evidence, to a person who has been released from detention following a final decision of acquittal or a termination of the proceedings for that reason.   9. INTERNATIONAL COOPERATION AND for the JUDICIAL assistance article 86 General obligation to cooperate States parties shall by, in accordanc with the provision of this Statute, cooperate fully with the Court Office in its investigation and prosecution of crimes within the jurisdiction of the Court. Article 87 requests for cooperation: general provision 1. (a) the Court shall have the authority to make requests to States parties for cooperation. The requests shall be transmitted through the diplomatic channel or any other appropriate channel as may be designated by each State Party upon ratification, acceptance, approval or accession. Subsequent changes to the designation shall be made by each State Party in accordanc with the rules of procedure and evidence. (b) When appropriate, without prejudice to the provision of subparagraph (a), requests may also be transmitted through the International Criminal Police Organization or any appropriate regional organization. 2. Requests for cooperation and any documents supporting the request shall either be in or be accompanied by a translation into an official language of the requested State or one of the working languages of the Court, in accordanc with the choice made by that State upon ratification, acceptance, approval or accession. Subsequent changes to this choice shall be made in accordanc with the rules of procedure and evidence. 3. The requested State shall keep confidential a request for cooperation and any documents supporting the request, except to the exten the that the disclosure is not cessary for execution of the request. 4. In relations to any request for assistance presented under this part, the Court may take such measure, including the measure related to the protection of information, as may be the cessary to ensur not safety or physical or psychological well-being of any potential victim, witness and their families. The Court may request that any information that is made available under this part shall be provided and handled in a manner that protects the safety and physical or psychological well-being of any potential victim, witness and their families. 5. (a) the Court may invite any State not party to this Statute to provide assistance under this part on the basis of an ad hoc, through an agreement with such State or any other appropriate basis. (b) where a State not party to this Statute, which has entered into an ad hoc or through an agreement with the Court, file their requests to cooperate with it any such through the pursuan or agreement, the Court may so inform the Assembly of States parties or, where the Security Council referred the matter to the Court by the Security Council. 6. The Court may ask any intergovernmental organization to provide information or documents. The Court may also ask for other forms of cooperation and assistance which may be agreed upon with such an organization and which with in accordanc with its competence or mandate. 7. Where a State Party to comply with a file request to cooperate by the court contrary to the provision of this Statute, thereby preventing the Court from exercising its functions and powers under this Statute, the Court may make a finding to that effect and refer the matter to the Assembly of States parties or, where the Security Council referred the matter to the Court , to the Security Council. Article 88 Availability of procedures under national law States parties shall ensur that there are procedures available under their national law for all of the forms of cooperation which are specified under this part the article 89 Surrender of person. to the Court 1. The Court may transmit a request for the arrest and surrender of a person, together with the material supporting the request outlined in article 91, to any State on the territory of which that person may be found and shall request the cooperation of that State in the arrest and surrender of such a person. States parties shall, in accordanc with the provision of this part and the procedure under their national law, comply with requests for arrest and surrender. 2. Where the person sought for surrender brings a challenge before a national court on the basis of the principle of ne bis in idem as provided in article 20, the requested State shall immediately consult with the Court to determin if there has been a relevant ruling on admissibility. If the case is admissibl, the requested State shall proceed with the execution of the request. If an admissibility ruling is pending, the requested State may postpon the execution of the request for surrender of the person until the Court makes a determination on admissibility. 3. (a) A State Party shall, in accordanc authoriz with its national procedural law, transportation through its territory of a person being surrendered to the Court by another State, except where transit through that State would delay the surrender or imped. (b) A request by the Court for transit shall be transmitted in accordanc with article 87. The request for transit shall contain: (i) A description of the person being transported; (ii) A brief statement of the facts of the case and their legal characterization; and (iii) the warrant for arrest and surrender; (c) A person being transported shall be detained in custody during the period of transit; (d) the authorization is required if the person is transported by air and no landing is scheduled on the territory of the transit State; (e) If an unscheduled landing occure on the territory of the transit State, that State may require a request for transit from the Court as provided for in subparagraph (b). The transit State shall detain the person being transported until the request for transit is received and the transit is effected, provided that detention for the purpose of this subparagraph may not be extended beyond 96 hours from the unscheduled landing unless the request is received by the within that time. 4. If the person sought is being proceeded against or is serving a line in the requested State for a crime different from that for which surrender to the Court is sought, the requested State, after making its decision to grant the request, shall consult with the Court. Article 90 Competing requests 1. A State Party which receive a request from the Court for the surrender of a person under article 89 shall, if it also receive a request from any other State for the extradition of the same person for the same conduct which forms the basis of the crime for which the Court seek the person's surrender , notify the Court and the requesting State of that fact. 2. Where the requesting State is a State Party, the requested State shall give priority to the request from the Court if: (a) the Court has, to article 18 pursuan or 19, made a determination that the case in respect of which surrender is sought is admissibl and that determination takes into account the investigation or prosecution conducted by the requesting State in respect of its request for extradition; or (b) the Court makes the determination described in subparagraph (a) to the requested pursuan State's notification under paragraph 1. ' 3. Where a determination under paragraph 2 (a) has not been made, the requested State may, at its discretion, pending the determination of the Court under paragraph 2 (b), proceed to deal with the request for extradition from the requesting State but shall not extradit the person until the Court has determined that the case is inadmissibl. The Court's determination shall be made on an expedited basis. 4. If the requesting State is a State not Party to this Statute the requested State, if it is not under an international obligation to extradit the person to the requesting State, shall give priority to the request for surrender from the Court, if the Court has determined that the case is admissibl. 5. Where a case under paragraph 4 has not been determined to be admissibl by the Court, the requested State may, at its discretion, proceed to deal with the request for extradition from the requesting State. 6. In cases where paragraph 4 applies except that the requested State be is under an existing international obligation to extradit the person to the requesting State not Party to this Statute, the requested State shall surrender the whethers to determin the person to the Court or the person to extradit the requesting State. In making its decision, the requested State shall consider all the relevant factors, including but not limited to: (a) the data of the respectiv requests; (b) the interests of the requesting State including, where relevant, whethers the crime was committed in its territory and the nationality of the victim and of the person sought; and (c) the possibility of subsequent surrender between the Court and the requesting State. 7. Where a State Party which receive a request from the Court for the surrender of a person also receive a request from any State for the extradition of the same person for conduct other than that which the constitut the crime for which the Court seek the person's surrender: (a) the requested State shall, if it is not under an existing international obligation to extradit the person to the requesting State , give priority to the request from the Court; (b) the requested State shall, if it is under an existing international obligation to extradit the person to the requesting State, to surrender the whethers determin a person to the Court or to the person the extradit the requesting State. In making its decision, the requested State shall consider all the relevant factors, including but not limited to those set out in paragraph 6, but shall give special considerations to the relative nature and gravity of the conduct in question. 8. Where a notification under the pursuan this article, the Court has determined a case to be inadmissibl, and subsequently extradition to the requesting State is refused, the requested State shall notify the Court of this decision. Article 91 contents of request for arrest and surrender 1. A request for arrest and surrender shall be made in writing. In urgent cases, a request may be made by any medium capable of delivering a written record, provided that the request shall be confirmed through the channel provided for in article 87, paragraph 1 (a). 2. In the case of a request for the arrest and surrender of a person for whom a warrant of arrest has been issued by the Trial Chamber under the pre-article 58, the request shall contain or be supported by: (a) Information describing the person sought, sufficient to identify the person, and information as to that person's probabl location; (b) A copy of the warrant of arrest; and (c) Such documents, statements or information as may be not cessary to meet the requirements for the surrender process in the requested State, except the that those requirements should not be more burdensom than those applicable to requests for extradition or to subject the pursuan treats between the requested State and other States and should, if possible, be less burdensom, taking into account the distinct nature of the Court. 3. In the case of a request for the arrest and surrender of a person already convicted, the request shall contain or be supported by: (a) A copy of any warrant of arrest for that person; (b) A copy of the judgement of convictions; (c) Information, it demonstrates that the person sought is the one referred to in the judgement of convictions; and (d) If the person sought has been sentenced, a copy of the line is imposed and, in the case of a line for a statement of imprisonmen any time already served and the time remaining to be served. 4. Upon the request of the Court, a State Party shall consult with the Court, either generally or with respect to a specific matter, regarding any requirements under its national law that may apply under paragraph 2 (c). During the consultation, the State Party shall advise the Court of the specific requirements of its national law. Article 92 Provisional arrest 1. In urgent cases, the Court may request the provisional arrest of the person sought, pending presentation of the request for surrender and the documents supporting the request as specified in article 91.2. The request for provisional arrest shall be made by any medium capable of delivering a written record and shall contain: (a) Information describing the person sought, sufficient to identify the person, and information as to that person's probabl location; (b) A concise statement of the crimes for which the person's arrest is sought and of the facts which are alleged to constitut of those crimes, including, where possible, the date and location of the crime; (c) A statement of the existenc of a warrant of arrest or a judgement of convictions against the person sought; and (d) A statement that a request for surrender of the person sought will follow. 3. A person who is provisionally arrested may be released from custody if the requested State has not received the request for surrender and the documents supporting the request as specified in article 91 within the time limits specified in the rules of procedure and evidence. However, the person may consent to surrender before the expiration of this period if permitted by the law of the requested State. In such a case, the requested State shall proceed to surrender the person to the Court as soon as possible. 4. The fact that the person sought has been released from custody to paragraph 3 shall not pursuan prejudice the subsequent arrest and surrender of that person if the request for surrender and the documents supporting the request are delivered at a later date. Article 93 Other forms of cooperation 1. States parties shall, in accordanc with the provision of this part and under procedures of national law, comply with requests by the Court to provide the following assistance in the investigation or prosecution of rights: (a) the identification and whereabout of persons or the location of items; (b) the taking of evidence, including under the oaths, and news article the production of evidence, including expert opinions and reports not to the cessary Court; (c) the questioning of any person being investigated or prosecuted; (d) the service of documents, including judicial documents; (e) Facilitating the voluntary appearance of persons as witness or experts before the Court; (f) the temporary transfer of a person as provided in paragraph 7; (g) the examination of places or sites, including the exhumation and examination of grave sites; (h) the execution of searches and chicken pox vaccine and; (i) the provision of records and documents, including official records and documents; (j) the protection of victim and witness and the preservation of evidence; (k) the identification, tracing and freezing or chicken pox vaccine and of proceed, assets and property and to instrumentalit of crimes for the purpose of eventual forfeitures imposed, without prejudice to the rights of bona fide third parties; and (l) Any other type of assistance which is not prohibited by the law of the requested State, with a view to facilitating the investigation and prosecution of crimes within the jurisdiction of the Court. 2. The Court shall have the authority to provide an assurance to a witness or an expert appearing before the Court that he or she will not be prosecuted, detained or subjected to any restriction of personal freedom by the Court in respect of any act or omission that preceded the departure of that person from the requested State. 3. Where execution of a particular measure of assistance detailed in a request presented under paragraph 1, is prohibited in the requested State on the basis of an existing fundamental legal principle of general application, the requested State shall promptly consult with the Court to try to resolve the matter. In the consultation, considerations should be given to whethers the assistance can be rendered in another manner or subject to conditions. If after consultation of the matter cannot be resolved, the Court shall modify the request as not cessary. 4. In accordanc with article 72, a State Party may deny a request for assistance, in whole or in part, only if the request concerns the production of any documents or disclosure of evidence which relate to its national security. 5. Before denying a request for assistance under paragraph 1 (l), the requested State shall consider whethers the assistance can be provided subject to specified conditions, or whethers the assistance can be provided at a later date or in an alternative manner, provided that if the Court or the Prosecutor will accept the assistance subject to conditions, the Court or the Prosecutor shall abid by them. 6. If a request for assistance is denied, the requested State Party shall promptly inform the Court or the Prosecutor of the reasons for such denial. 7. (a) the Court may request the temporary transfer of (a) the person in custody for the purpose of identification or for obtaining news article or other assistance. The person may be transferred if the following conditions are fulfilled: (i) the person freely give of his or her informed consent to the transfer; and (ii) the requested State agree to the transfer, subject to such conditions as that State and the Court may agree. (b) the person being transferred shall remain in custody. When the purpose of the transfer have been fulfilled, the Court shall return the person without delay to the requested State. 8. (a) the Court shall ensur the confidentiality of documents and information, except as required for the investigation and proceedings described in the request. (b) the requested State may, when not cessary, transmit documents or information to the Prosecutor on a confidential basis. The Prosecutor may then use them solely for the purpose of generating new evidence. (c) the requested State may, on its own motion or at the request of the Prosecutor, subsequently consent to the disclosure of such documents or information. They may then be used as evidence pursuan to the provision of parts 5 and 6 and in accordanc with the rules of procedure and evidence. 9. (a) (i) In the event that a State Party receive competing requests, other than for for surrender or extradition, from the Court and from another State to an international obligation, pursuan the State Party shall endeavour, in consultation with the Court and the other State, to meet both requests, if not by postponing or attaching cessary conditions to one or the other request. (ii) Failing that, competing requests shall be resolved in accordanc with the principles established in article 90. (b) where, however, the request from the Court concerns information, property or persons which are subject to the control of a third State or an international organization by virtue of an international agreement, the requested States shall so inform the Court and the Court shall direct its request to the third State or international organization. 10. (a) the Court may, upon request, cooperate with and provide assistance to a State Party conducting an investigation into or trial in respect of conduct which constitut a crime within the jurisdiction of the Court or which constitut a serious crime under the national law of the requesting State. (b) (i) the assistance provided under subparagraph (a) shall include, inter alia: (a) the transmission of statements, documents or other types of evidence obtained in the course of an investigation or a trial conducted by the Court; and (b). The questioning of any person detained by order of the Court; (ii) In the case of assistance under subparagraph (b) (i) (a): (a) If the documents or other types of evidence have been obtained with the assistance of a State, such transmission shall require the consent of that State; b. If the statements, documents or other types of evidence have been provided by a witness or expert, such transmission shall be subject to the provision of article 68. (c) the Court may, under the conditions set out in this paragraph, grant a request for assistance under this paragraph from a State which is not a Party to this Statute. Article 94 Postponemen of execution of a request in respect of ongoing investigation or prosecution 1. If the immediate execution of a request would interfer with an ongoing investigation or prosecution of a case different from that to which the request relate, the requested State may postpon the execution of the request for a period of time agreed upon with the Court. However, the postponemen shall be no longer than the ISA not cessary to complete the relevant investigation or prosecution in the requested State. Before making a decision to postpon, the requested State should consider whethers the assistance may be immediately provided subject to certain conditions. 2. If a decision is taken to postpon pursuan to paragraph 1, the Prosecutor may, however, seek measure to preserve evidence, to article 93 pursuan, paragraph 1 (j). Article 95 Postponemen of execution of a request in respect of an admissibility challenge where there is an admissibility challenge under considerations by the Court to article 18 pursuan or 19, the requested State may postpon execution of (a) the request under this part pending a determination by the Court, unless the Court has specifically ordered that the Prosecutor may pursu the collection of such evidence or the article 18 pursuan 19. Article 96 contents of request for other forms of assistance under article 93 1. A request for other forms of assistance referred to in article 93 shall be made in writing. In urgent cases, a request may be made by any medium capable of delivering a written record, provided that the request shall be confirmed through the channel provided for in article 87, paragraph 1 (a). 2. The request shall, as applicable, contain or be supported by the following: (a) A concise statement of the purpose of the request and the assistance sought, including the legal basis and the grounds for the request; (b) As much detailed information as possible about the location or identification of any person or place that must be found or identified in order for the assistance sought to be provided; (c) A concise statement of the essential facts underlying the request; (d) the reasons for and details of any procedure or requirement to be followed; (e) Such information as may be required under the law of the requested State in order to execute the request; and (f) Any other information relevant in order for the assistance sought to be provided. 3. Upon the request of the Court, a State Party shall consult with the Court, either generally or with respect to a specific matter, regarding any requirements under its national law that may apply under paragraph 2 (e). During the consultation, the State Party shall advise the Court of the specific requirements of its national law. 4. The provision of this article shall, where applicable, also apply in respect of a request for assistance made to the Court. Article 97 Consultation where a State Party receive a request under this part in their relations which it identified the problems which may imped or prevent the execution of the request, that State shall consult with the Court without delay in order to resolve the matter. Such problems may include, inter alia: (a) insufficient information to execute the request; (b) In the case of a request for surrender, the fact that despite best efforts, the person sought cannot be located or that the investigation conducted has determined that the person in the requested State is clearly not the person named in the warrant; or (c) the fact that execution of the request in its current form would require the requested State to breach a treaty obligation undertaken pr-existing with respect to another State. Article 98 Cooperation with respect to waiver of immunity and consent to surrender 1. The Court may not proceed with a request for surrender or assistance which would require the requested State to act inconsistently with its obligations under international law with respect to the State or diplomatic immunity of a person or property of a third State, unless the Court can first obtain the cooperation of that third State for the waiver of the immunity. 2. The Court may not proceed with a request for surrender which would require the requested State to act inconsistently with its obligations under international agreements to which the consent pursuan of a sending State is required to surrender a person of that State to the Court, unless the Court can first obtain the cooperation of the sending State for the giving of consent for the surrender. Article 99 Execution of requests under articles 93 and 96 1. Requests for assistance shall be executed in accordanc with the relevant procedure under the law of the requested State and, unless prohibited by such law, be in the manner specified in the request, including following any procedure outlined therein or permitting persons specified in the request to be present at and assist in the execution process. 2. In the case of an urgent request, the documents or evidence produced in response shall, at the request of the Court, be sent urgently. 3. Replies from the requested State shall be transmitted in their original language and form. 4. Without prejudice to other articles in this part, where it is not cessary for the successful execution of a request which can be executed without any compulsory measure, including specifically the interview of evidence from a person, or taking on a voluntary basis, including doing so without the presence of the authorities of the requested State Party if it is essential for the request to be executed , and the examination without modification of a public site or other public place, the Prosecutor may execute such request directly on the territory of a State as follows: (a) When the State Party requested is a State on the territory of which the crime is alleged to have been committed, and there has been a determination of admissibility pursuan to 18 or 19 article , the Prosecutor may directly execute such request following all possible consultation with the requested State Party; (b) In other cases, the Prosecutor may execute such request following consultation with the requested State Party and subject to any reasonable conditions or concerns raised by that State Party. Where the requested State Party to identify problems with the execution of a request to this subparagraph pursuan it shall, without delay, consult with the Court to resolve the matter. 5. the Provision allowing a person heard or examined by the Court under article 72 to invoke restriction designed to prevent disclosure of confidential information connected with national security shall also apply to the execution of requests for assistance under this article. Article 100 costs 1. The ordinary costs for execution of requests in the territory of the requested State shall be borne by that State, except for the following, which shall be borne by the Court: (a) costs associated with the travel and security of witness and experts or the transfer under article 93 of persons in custody; (b) costs of translation, interpretation and transcription; (c) Travel and subsistenc Costa of the judge, the Prosecutor, the Deputy Prosecutor, the Registrar, the Deputy Registrar and staff of the any organ of the Court; (d) the costs of any expert opinion or report requested by the Court; (e) costs associated with the transport of a person being surrendered to the Court by a custodial State; and (f) the Following consultation, any extraordinary costs that may result from the execution of a request. 2. The provision of paragraph 1 shall, as appropriate, apply to requests from States parties to the Court. In that case, the Court shall bear the ordinary costs of execution.

Article 101 rule of speciality 1. (A) A person surrendered to the Court under this Statute shall not be proceeded against by, punished or detained for any conduct committed prior to surrender, other than the conduct or course of conduct which forms the basis of the crimes for which that person has been surrendered. 2. The Court may request a waiver of the requirements of paragraph 1 from the State which surrendered the person to the Court and, if not, the Court shall cessary provides additional information in accordanc with article 91. States parties shall have the authority to provide a waiver to the Court and should endeavour to do so. Article 102 use of terms For the purpose of this Statute: (a) "surrender" means the delivering up of a person by a State to the Court, to the Statute by pursuan. (b) "extradition" means the delivering up of a person by one State to another as provided by treaty, convention or national legislation.
10. Enforcement of article 103 role of States in enforcement of line of imprisonmen 1. (a) (A) shall be a line of imprisonmen served in a State designated by the Court from a list of States which have indicated to the Court their market to accept sentenced persons. (b) At the time of declaring it in the market to accept sentenced persons, a State may attach conditions to its acceptance as agreed by the Court and in accordanc with this On. (c) A State designated in a particular case shall promptly inform the Court accept the whethers it Court's designation. 2. (a) the State of enforcement shall notify the Court of any of the, including the circumstanc exercise of any conditions agreed under paragraph 1, which could materially affec the terms or of the imprisonmen exten. The Court shall be given at least 45 days ' notice of any such known or the foreseeabl circumstanc. During this period, the State of enforcement shall take no action that might prejudice its obligations under article 110. (b) where the Court cannot agree to the referred to in subparagraph circumstanc-(a), it shall notify the State of enforcement and proceed in accordanc with article 104, paragraph 1. In exercising its discretion to make a designation under paragraph 1, the Court shall take into account the following: (a) the principle that States parties should share the responsibility for enforcing of imprisonmen line, in accordanc with principles of equitable distribution, as provided in the rules of procedure and evidence; (b) the application of widely accepted international treaty standards in the treatment of each prisoner; (c) the views of the sentenced person; (d) the nationality of the sentenced person; (e) Such other factors regarding the circumstanc of the crime or the person sentenced, or the effective enforcement of the line, as may be appropriate in designating the State of enforcement. 4. If the State is designated under paragraph from 1, the line of the IR imprisonmen be served in a prison facility made available by the host State, in accordanc with the conditions set out in the headquarters agreement referred to in article 3, paragraph 2. In such a case, the costs arising out of the enforcement of a line of imprisonmen shall be be borne by the Court. Article 104 change in designation of State of enforcement 1. The Court may, at any time, decide to transfer a sentenced person to a prison of another State. 2. A sentenced person may, at any time, apply to the Court to be transferred from the State of enforcement. Article 105 enforcement of the line 1. Subject to conditions which a State may have specified in accordanc with article 103, paragraph 1 (b), the line of the IR beam imprisonmen binding on the States parties, which shall in no case modify it from 2. The Court alone shall have the right to decide any application for appeal and revision. The State of enforcement shall not imped the making of any such application by a sentenced person. Article 106 Supervision of enforcement of and condition of imprisonmen line 1. The enforcement of a line of imprisonmen shall be the subject to the supervision of the Court and shall be consistent with widely accepted international treaty standards in the treatment of each prisoner. 2. The conditions shall be governed by the imprisonmen of the law of the State of enforcement and shall be consistent with widely accepted international treaty standards in the treatment of each prisoner; in the case of such conditions shall be more or less favourabl than those available to a prisoner convicted of similar offenc in the State of enforcement. 3. Communications between a sentenced person and the Court shall be unimpeded and confidential. Article 107 Transfer of the person upon completion of line 1. Following completion of the line, a person who is not a national of the State of enforcement may, in accordanc with the law of the State of enforcement, be transferred to a State which is obliged to receive him or her, or to another State which agree to receive him or her , taking into account any wishes of the person to be transferred to that State, unless the State of enforcement of the person it remains authoriz in its territory. 2. If from the State bears the costs arising out of transferring the person to another State to the paragraph 1, pursuan such costs shall be borne by the Court. 3. Subject to the provision of article 108, the State of enforcement may also, in accordanc with its national law, extradit or otherwise surrender the person to a State which has requested the extradition or surrender of the person for the purpose of trial or enforcement of a line. Article 108 Limitations on the prosecution or punishment of others sentenced person 1 A of the offenc in the custody of the State of enforcement shall not be subject to prosecution or punishment or to extradition to a third State for any conduct engaged in prior to that person's delivery to the State of enforcement, unless such prosecution, punishment or to extradition has been approved by the Court at the request of the State of enforcement. 2. The Court shall decide the matter after having heard the views of the sentenced person to the. 3. Paragraph 1 shall cease to apply if the sentenced person remains voluntarily for more than 30 days in the territory of the State of enforcement after having served the full line is imposed by the Court, or returns to the territory of that State after having left it. Article 109 enforcement of fin and forfeitures imposed the measure 1. States parties shall give effect to their fin or ordered by the Court of the forfeitures imposed under Part 7 , without prejudice to the rights of bona fide third parties, and in accordanc with the procedure of their national law. 2. If a State Party is unable to give effect to an order for the forfeitures imposed, it shall take measure to recover the value of the property or assets proceed, ordered by the Court to be forfeited, without prejudice to the rights of bona fide third parties. 3. Property, or the proceed of the sale of real property or, where appropriate, the sale of other property, which is obtained by a State Party as a result of its enforcement of a judgement of the Court shall be transferred to the Court. Article 110 Review by the Court concerning reduction of line 1. The State of enforcement shall not release the person before expiry of the line is pronounced by the Court. 2. The Court alone shall have the right to decide any reduction of line, and shall rule on the matter after having heard the person. 3. When the person has served two thirds of the line, or 25 years in the case of life imprisonmen, the Court shall review the line to determin the whethers it should be reduced. Such a review shall not be conducted before that time. 4. In its review under paragraph 3, the Court may reduce the line if it finds that one or more of the following factors are present: (a) the early and continuing market of the person to cooperate with the Court in its investigation and prosecution; (b) the voluntary assistance of the person in enabling the enforcement of the judgement and orders of the Court in other cases, and in particular providing assistance in locating assets subject to orders of fine, which may be the forfeitures imposed reparations or used for the benefit of the victim; or (c) Other factors establishing a clear and significant change of the sufficient to justify the circumstanc reduction of line, as provided in the rules of procedure and evidence. 5. If the Court in its initial review of determin under paragraph 3 that it is not appropriate to reduce the line, it shall thereafter review the question of reduction of the line at such intervals and applying such criteria as provided for in the rules of procedure and evidence. Article 111 escape If a person convicted of escape from custody and flees the State of enforcement, that State may, after consultation with the Court, request the person's surrender from the State in which the person is located on the existing bilateral or multilaterals pursuan arrangements, or may request that the Court seek the person's surrender, in accordanc with About 9. It may direct that the person be delivered to the State in which he or she was serving the line or to another State designated by the Court.
11. The ASSEMBLY OF the States parties article 112 Assembly of States parties 1. An Assembly of States parties to this Statute is hereby established. Each State Party shall have one representative in the Assembly who may be accompanied by alternate and adviser. Other States which have signed the Statute or the Final Act may be observer in the Assembly. 2. The Assembly shall: (a) Consider and, as appropriate, to adop recommendations of the Commission Features; (b) provide management oversigh to the Presidency, the Prosecutor and the Registrar regarding the administration of the Court; (c) Consider the reports and activities of the Bureau established under paragraph 3 and take appropriate action in regards theret; (d) Consider and decide the budget for the Court; (e) decide to alter, whethers in accordanc with article 36, the number of judge; (f) Consider pursuan to article 87, paragraphs 5 and 7, any question relating to non-cooperation; (g) Perform any other function consistent with this Statute or the rules of procedure and evidence. 3. (a) the Assembly shall have a Bureau consisting of a President, two Vice-President and 18 members elected by the Assembly for three-year terms. (b) the Bureau shall have a representative character, taking into account, in particular, equitable distribution and the location of adequat representation of the principal legal systems of the world. (c) the Bureau shall meet as often as not, but at least cessary once a year. It shall assist the Assembly in the discharge of its responsibilities. 4. The Assembly may establish such subsidiary bodies as may be not an independent oversigh cessary, including a mechanism for inspection, evaluation and investigation of the Court, in order to enhance its efficiency and economy. 5. The President of the Court, the Prosecutor and the Registrar or their representatives may, as appropriate, to participat in the meetings of the Assembly and of the Bureau. 6. The Assembly shall meet at the seat of the Court or at the headquarters of the United Nations once a year and, when the so require, hold circumstanc special sessions. Except as otherwise specified in this Statute, special sessions shall be convened by the Bureau on its own initiative or at the request of one third of the States parties. 7. Each State Party shall have one vote. Every effort shall be made to reach decisions by consensus in the Assembly and in the Bureau. If consensus cannot be reached, except as otherwise provided in the Statute: (a) Decisions on matters of substance must be approved by a two-thirds majority of those present and voting provided that an absolute majority of the States parties of the constitut quor for voting; (b) Decisions on matters of procedure shall be taken by a simple majority of States parties present and voting. 8. A State Party which is in arrear in the payment of its financial contributions towards the costs of the Court shall have no vote in the Assembly and in the Bureau if the amount of the arrear of it equal or exceeds 100 for the amount of the contributions due from it for the preceding two full years. The Assembly may not vertheles, permit such a State Party to vote in the Assembly and in the Bureau if it is satisfied that the failure to pay is due to conditions beyond the control of the State Party. 9. The Assembly shall adop a its own rules of procedure. 10. The official and working languages of the Assembly shall be those of the General Assembly of the United Nations.
On the FINANCING article 113 12 Financial Regulations Except as otherwise specifically provided, all financial matters related to the Court and the meetings of the Assembly of States parties, including its Bureau and subsidiary bodies, shall be governed by this Statute and the Financial Regulations and rules adopted by the Assembly of States parties. Article 114 payment of expense of the Expense of the Court and the Assembly of States parties, including its Bureau and subsidiary bodies, shall be paid from the funds of the Court. Article 115 funds of the Court and of the Assembly of States parties at the expense of the Court and the Assembly of States parties, including its Bureau and subsidiary bodies, as provided for in the budget decided by the Assembly of States parties, shall be provided by the following sources: (a) Assessed contributions made by States parties; (b) funds provided by the United Nations, subject to the approval of the General Assembly, in particular in relations to the expense incurred due to the referral by the Security Council. Article 116 Voluntary contributions without prejudice to article 115, the Court may receive and utilizes, as additional funds, voluntary contributions from Governments, international organizations, individual, corporation, and other entities, in accordanc with relevant criteria adopted by the Assembly of States parties. Article 117 assessment of contributions the contributions of States parties shall be assessed in accordanc with an agreed scale of assessment, based on the scale adopted by the United Nations for its regular budget and basis in accordanc with the principles on which that scale is based. Article 118 Annual audit the records, books and accounts of the Court, including its annual financial statements, shall be audited annually by an independent auditor.
For the FINAL 13 of the COMMISSION Article 119 settlement of dispute 1. Any dispute concerning the judicial functions of the Court shall be settled by the decision of the Court. 2. Any other dispute between two or more States parties relating to the interpretation or application of this Statute which is not settled through the negotiation within the three months referred to shall be of their commencemen to the Assembly of States parties. The Assembly may itself seek to settle the dispute or may make recommendations on further means of settlement of the dispute, including referral to the International Court of Justice in conformity with the Statute of that Court. Article 120 reservations Of reservations may be made to this Statute. Article 121 Amendments 1. After the expiry of seven years from the entry into force of this Statute, any State Party proposes amendments to the Maya theret. The text of any proposed amendment shall be submitted to the Secretary-General of the United Nations, who shall promptly circulate it to all States parties. 2. From the hurricanes than three months from the date of notification, the Assembly of States parties, at its next meeting, shall, by a majority of those present and voting, decide to take up the whethers proposal. The Assembly may deal with the proposal directly or conven a Review Conference if the issue involved so warrants. 3. The adoption of an amendment at a meeting of the Assembly of States parties or at a Review Conference on which consensus cannot be reached shall require a two-thirds majority of States parties. 4. Except as provided in paragraph 5, an amendment shall enter into force for all States parties one year after instruments of ratification or acceptance have been deposited with the Secretary-General of the United Nations by seven-/8 of them. 5. Any amendment to articles 5, 6, 7 and 8 of this Statute shall enter into force-for those States parties which have accepted the amendment one year after the deposit of their instruments of ratification or acceptance. In respect of a State Party which has not accepted the amendment, the Court shall not exercise its jurisdiction regarding a crime covered by the amendment when committed by that State Party's nationals or on its territory. 6. If an amendment has been accepted by seven-/8 of States parties in accordanc with paragraph 4, any State Party which has not accepted the amendment may withdraw from this Statute with immediate effect, notwithstanding article 127, paragraph 1, but subject to article 127, paragraph 2, by giving notice no later than one year after the entry into force of such amendment. 7. The Secretary-General of the United Nations shall circulate to all States parties any amendment adopted at a meeting of the Assembly of States parties or at a Review Conference. Article 122 Amendments in their provision of an institutional nature 1. Amendments to the provision of this Statute which is of an exclusively with institutional nature, namely, article 35, article 36, paragraphs 8 and 9, article 37, article 38, article 39, paragraphs 1 (first two line), 2 and 4, article 42, paragraphs 4 to 9, article 43, paragraphs 2 and 3, and articles 44 , 46, 47 and 49, may be proposed at any time, notwithstanding article 121, paragraph 1, by any State Party. The text of any proposed amendment shall be submitted to the Secretary-General of the United Nations or such other person designated by the Assembly of States parties who shall promptly circulate it to all States parties and to others participating in the Assembly. 2. Amendments under this article on which consensus cannot be reached shall be adopted by the Assembly of States parties or by a Review Conference, by a two-thirds majority of States parties. Such amendments shall enter into force for for all States Parties six months after their adoption by the Assembly or, as the case may be, by the Conference. Article 123 Review of the Statute 1. Seven years after the entry into force of this Statute the Secretary-General of the United Nations shall (a) Review Conference their conven consider any amendments to this Statute. Such review may include, but is not limited to, the list of crimes in article 5 led. The Conference shall be open to those participating in the Assembly of States parties and on the same conditions. 2. At any time thereafter, at the request of a State Party and for the purpose of set out in paragraph 1, the Secretary-General of the United Nations shall, upon approval by a majority of States parties, the Review Conference a conven. 3. The provision of article 121, paragraphs 3 to 7, shall apply to the adoption and entry into force of any amendment to the Statute considered at a Review of the Conference. Article 124 Transitional Provision Notwithstanding article 12, paragraphs 1 and 2, a State, on becoming a party to this Statute, may declare that, for a period of seven years after the entry into force of this Statute for the State concerned, it does not accept the jurisdiction of the Court with respect to the category of crimes referred to in article 8 when a crime is alleged to have been committed by its nationals or on its territory. (A) a declaration under this article may be withdrawn at any time. The provision of this article shall be reviewed at the Review Conference convened in accordanc with article 123, paragraph 1. Article 125 signature, ratification, acceptance, approval or accession 1. This Statute shall be open for the signature by all States in Rome, at the headquarters of the Food and Agriculture Organization of the The United Nations, on 17 July 1998, it shall Thereafter remain open for signature in Rome at the Ministry of Foreign Affairs of Italy until 17 October 1998. After that date, the Statute shall remain open for signature in in New York, at United Nations Headquarters, until 31 December 2000.2. This Statute is subject to ratification, acceptance or approval by signatory States. The instrument of ratification, acceptance or approval shall be deposited with the Secretary-General of the United Nations. 3. This Statute shall be open to the accession by all States. Instruments of accession shall be deposited with the Secretary-General of the United Nations. Article 126 Entry into force 1 this Statute shall enter the. into force on the first day of the month after the 60th day following the date of the deposit of the 60th instrument of ratification, acceptance, approval or accession with the Secretary-General of the United Nations. 2. For each State ratifying, accepting, approving or acceding to this Statute after the deposit of the 60th instrument of ratification, acceptance, approval or accession, the Statute shall enter into force-on the first day of the month after the 60th day following the deposit by such State of its instrument of ratification, acceptance, approval or accession. Article 127 1 A State Party Attention may, by written notification addressed to the Secretary-General of the United Nations, withdraw from this Statute. The withdrawals shall take effect one year after the date of receipt of the notification, unless the notification spec to a later date. 2. A State shall not be discharged, by reason of its withdrawals, from the obligation arising from this Statute is in while it was a Party to the Statute, including any financial obligations which may have accrued by. It shall not be any withdrawals of affec cooperation with the Court in connection with criminal investigations and proceedings in relations to which the withdrawing State had a duty to cooperate and which were commenced prior to the date on which the withdrawals of effective, nor shall becam it prejudice in any way the continued considerations of any matter which was already under considerations by the Court prior to the date on which the becam of effective attention. Article 128 Authentic 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 send certified cop to it all States thereof. In WITNESS WHEREOF, the undersigned, being duly authorized by the by their respectiv theret in Governments, have signed this Statute. Done at Rome, this 17th day of July 1998.

The Rome Statute of the International Criminal Court Statute, the PREAMBLE, the Member States, conscious that all peoples are associated with common links, it twisted into a common heritage of culture, and concerned that this delicate mosaic may be disrupted in any moment, aware that during this century millions of children, women and men have become unthinkable without mercy victims that deeply shakes the conscience of humanity, recognizing that such grave crimes threaten the peace , security and prosperity in the world, affirming that the most serious crimes, which in General is concerned, the international community must not remain unpunished and that their effective review, is to be provided as a national level and the strengthening of international cooperation, determined to end this impunity of the perpetrators of the crime, thus contributing to crime prevention, recalling that it is the responsibility of each country to apply their own national criminal jurisdiction over those responsible for international crimes , reaffirming the UN Charter goals and principles, in particular that all States should refrain from the threat or use of force against the territorial integrity of any State or political independence or any other activities that are incompatible with the objectives of the United Nations, in this regard, stressing that no article of the Statute should not be interpreted as authorizing the Member States to intervene in any armed conflict or another country's internal affairs by committing to do this and present and future generations behalf to establish independent, permanent international criminal court, which are associated with the United Nations system, with jurisdiction over the most serious crimes affecting the entire international community as a whole, stressing that based on these terms of reference established for the International Criminal Court must be complementary to national criminal jurisdiction, committed to ensuring international justice lasting respect and enforcement, have agreed as follows: title 1. Article 1 of the Treaty establishing the COURT, the Court of the International Criminal Court (hereinafter "the Court") is hereby set up. It is a permanent body, and it is entitled to exercise their jurisdiction over persons for the most serious international crimes, as specified in these statutes and is complementary to national criminal jurisdictions. The jurisdiction of the Court and the action is determined by the provisions of these statutes. Article 2 the Court's relations with the UN Court and UN relations based on agreements, where these statutes shall be approved by the Assembly of States parties, and then concluded the President of the Court on its behalf. Article 3 the court location of court 1 location is specified the Hague, the Netherlands ("home country"). 2. the Court shall conclude a headquarters agreement with the host country, to be approved by the Assembly of States parties, and then seal it, the President of the Court on its behalf. 3. The Court shall have the right to rezidē any other site whenever it deems necessary, in accordance with the Statute. Article 4 legal status and powers of the Court of Justice 1 is an international legal person. It also has the legal capacity necessary to perform its functions and goals of the excercise. 2. the Court is entitled to discharge its functions and powers as laid down in the statutes, in the territory of any Member State and, by special agreement, and any other territory.   2. section. Jurisdiction, jurisdiction, applicable law article 5 crimes within the jurisdiction of the Court in the jurisdiction of the Court 1 is only the most serious crimes affecting the entire international community as a whole. Under this Statute, the Court has jurisdiction in the following crimes: (a) genocide;) b) crimes against humanity; c) war crimes; d) aggression. 2. the aggression in the jurisdiction of the Court has, ever since, in accordance with article 121, 123 and have adopted a definition of the crime and the conditions under which the Court shall exercise its jurisdiction over that crime. The following provisions shall be in accordance with the relevant provisions of the United Nations Charter. Article 6 Genocide for the purpose of this Statute, "genocide" means any activity that is carried out for the purpose of totally or partially destroying a national, ethnic, racial or religious group, as such: (a) following the killing of members of the Group; (b) serious bodily or mental injury following the creation of the group members; (c) the deliberate creation of living conditions of the of this group to the total or partial physical destruction; (d) the use of, the purpose of which is to prevent the birth of children in this group; (e) the movement of the child forcibly from one group to another. Article 7 crimes against humanity 1. Statutes, the term "crime against humanity" is referred to in any of the following acts, if they are carried out as part of a widespread or systematic attack, aware of the nature of this attack, directed against the civilian population: (a) murder; (b) extermination; (c) enslavement; (d) deportation or forcible transfer of population; (e) imprisonment or other physical limitation of freedom, in violation of the basic rules of international law; (f) torture; (g) rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other similar severity of sexual violence; (h) any identifiable group or collective persecution based on political, racial, national, ethnic, cultural, religious or sex, as defined in paragraph 3, or for similar reasons that international law is generally recognized as not allowed in respect of any of the actions specified in this paragraph or any crime within the jurisdiction of the Court; (i) forced disappearance of persons; (j) apartheid; (k) other similar inhumane action in order to create great suffering or serious bodily injury, as well as injury to physical or mental health. 2. for the purposes of paragraph 1: (a) "attack directed against a civilian population" means a type of behaviour that includes multiple activities, referred to in paragraph 1, against civilians, according to the contributing State or organization or policy to commit such attack; (b) "extermination" includes the intentional creation of such conditions of life, inter alia, denying access to food and medicines in order to destroy the part of the population; (c) "enslavement" means the partial or total power, associated with the exercise of property rights over a person and includes the exercise of such power, during the party, especially women and children; (d) "deportation or forcible transfer of population" means forced displacement of the persons related to forced evictions or other activities from legitimately populated areas, contrary to international law; (e) "torture" means unbearable physical or mental pain or suffering deliberate creation of a person located in the custody or control of the accused; provided that the torture does not include pain or suffering arising from lawful sanctions only and which is inseparable from these sanctions or occur by chance; (f) "forced pregnancy" means the unlawful restriction of the freedom of the woman located forced pregnant, with the purpose to influence a group's ethnic composition of the population, or making other brutal violations of international law. This definition shall not in any way be interpreted as affecting national laws relating to pregnancy; (g) "persecution" means the intentional and severe deprivation of fundamental rights contrary to international law, based on a group or collective identity; (h) "apartheid" means inhumane acts, which is equivalent to the listed in point 1, by the systematic oppression and institutionalized the reign mode within make one racial group against another race group or groups in order to maintain the existing arrangements; (i) "enforced disappearance of persons" means the arrest, holding of persons in detention or abduction by the State or a political organization or it is made with the authorisation of these organisations, the aid or consent, followed by a refusal to acknowledge the limitation of freedom or to give information on the fate of persons or the location of the end of an extended period of time to leave them without the protection of the law. 3. the objectives of these statutes, the term "sex" refers to the two sexes, male and female, occurring in the community. The term "gender" does not include any other meaning as defined above. Article 8 war crimes 1. the Court has jurisdiction over war crimes, especially those committed on a plan or policy or broad-this type of crime. 2. The objectives of the Statute, "war crimes" means: (a) the serious 12 august 1949 Geneva Convention violations, namely, any of the following actions against persons or property protected by the provisions of the relevant Geneva Convention: (i) intentional murder, (ii) torture or inhuman treatment, including biological experiments, (iii) intentionally caused great suffering, or serious physical injury or injury to health, (iv) the large-scale devastation of property and embezzlement that does not justify military necessity and which is done illegally and unjustly, (v) prisoners of war or other protected person of the enemy army, stays (vi) intentionally prisoners of war or other protected person of the right to fair and qualified litigation subtraction, (VII) unlawful deportation or transfer or unlawful restriction of liberty, (VIII) taking of hostages; (b) other serious law violations and customs, used international armed conflict situations in the framework of international law, namely, any of the following steps: (i) knowingly directed attacks against the civilian population as such or individual persons not directly participating in hostilities, (ii) the deliberate attacks against civilian objects, that is, against objects that are not military objectives, (iii) deliberately attacks against personnel, installations, material, units or military vehicles in accordance with the UN Charter taking part in humanitarian or peacekeeping missions as long as they are authorised to protect civilians or civilian objects of international law on armed conflicts, (iv) intentionally launching an attack in the knowledge that such attack will cause incidental loss of life or injury to civilians or damage to civilian objects or widespread, long-term and severe damage to the environment which would be clearly excessive in relation to the concrete and direct overall military anticipated benefits (v) the attack on the towns, villages, or asylum buildings, which are not protected and which are not military objectives, or bombing them by any means, (vi) soldiers who have put their guns or no longer means of defence, or who have voluntarily surrendered, killing or wounding, (VII) inadequate truce flag, the flag of the enemy or the UN or military zīmotņ and uniforms, as well as the Geneva Convention emblems use difference as a result of death or have suffered serious injuries, (VIII) okupētāj state its civilian part, directly or indirectly, to a territory that it is occupying, or partial or complete deportation of the population of the occupied territories or the occupied territories move within or outside, (ix) deliberate attacks on the buildings, which are used in religion, education, art, science or charitable purposes, as well as historical monuments , hospitals and places where the sick and wounded, assuming they are not military objectives, (x) a person located in the opposite party, of exposure to physical mutilation or any kind of medical or scientific experiments, which are not justified by the parties involved in the therapeutic treatment, the dental treatment or treatment in a hospital, nor its interests, and that has caused such person or persons death or seriously endangering the health of it , (xi) the enemy nation or person belonging to the army of killing or wounding treacherous, (XII) the announcement of a pardon, not (XIII) foe the destruction or seizure of the property, unless such destruction or seizure was not a necessary war, (xiv) announcement of the enemy party of citizens ' rights and the abolition, suspension or not permissible in court, (xv) the enemy party representatives to participate against their arch public facing war, even if they were before the start of hostilities, warring parties service (XVI) pillaging a town or place, even when it conceived the attack, (XVII) poison or poisoned arms, (xvii) suffocating, poisonous or other gases, and all analogous liquids, materials or devices, (xix), the use of such bullets, which the human body expands or deflate, such as bullets with a hard shell that perfectly cover the core or is with cuts, (xx) weapons, projectiles and material and methods of warfare which may cause superfluous injury or unnecessary suffering or which are inherently different rules of international law applicable in armed conflict, assuming that such weapons, projectiles and material and methods of warfare are prohibited and as amended in accordance with the relevant provisions in article 121 and 123 provisions included in the annex to these terms of reference, (xx) the use of violence that offends the dignity of the person especially humiliating and shameful behavior, (XXII) rape, sexual slavery, forced prostitution, forced pregnancy, as defined in article 7 paragraph 2 (f), enforced sterilization or any other form of sexual violence, which is also a serious violation of the Geneva Convention, (XXIII), civilian or other protected person to make the presence of separate sites, areas or forces to protect against military operations (xxiv) intentionally, directed attacks against buildings, material , medical units and transport, and personnel using the distinctive sign of the Geneva Convention in accordance with the rules of international law, (xxv) intentionally using starvation as a method of warfare against civilians, the use of which is necessary for their survival, including wilfully planned delivery of assistance, as provided for under the Geneva Conventions, (XXVI) a child under the age of fifteen years, conscription or enlistment in the national armed forces or using their active participation in the hostilities; (c) non-international armed conflict case, the serious article 3 common to the four 1949 Geneva Conventions of august 12, offences, namely, any of the following actions taken against persons who are not active in participating in the hostilities, including members of the armed forces soldiers, who are admitted to the weapons and who are unable to fight diseases, wounds, detention or any other cause: (i) violence to life and person, in particular murder of all kinds , mutilation, cruel treatment and torture, (ii) the use of violence, which infringes upon personal dignity, in particular humiliating and shameful behavior, (iii) the taking of hostages, (iv) the pronouncement of punishment and fine execution of the judgment, without which issued the appropriate way up court, taking all the legal guarantees that the generally recognized as necessary; (d) paragraph 2 (c) applies to non-international armed conflicts, and thus, does not apply to situations arising from internal disturbances and tensions, as the uprising, separately or not planned violent offences or other similar types of offences; (e) other serious rules of law and custom, which used non-international armed conflict, breaches of international law within the limits set, namely, any of the following: (i) intentional attacks against the civilian population as such or individual persons not directly participating in hostilities, (ii) the deliberate attacks against buildings, material, medical units and transport, and personnel using the Geneva The Convention marks in accordance with the rules of international law, (iii) deliberately attacks against personnel, installations, material, units or troops means of transport in accordance with the UN Charter taking part in humanitarian or peacekeeping missions as long as they are authorized to protect civilians or civilian objects of international law on armed conflicts, (iv) deliberately attacks on the buildings, which are used in religion, education, art, science or charitable purposes, historic monuments , hospitals and places where the sick and wounded, assuming they are not military objectives, (v) urban or residential areas in the looting, even when it conceived the attack, (vi) rape, sexual slavery, enforced prostitution, forced pregnancy, as defined in article 7 paragraph 2 (f), enforced sterilization or any other form of sexual violence, which are also the four Geneva Conventions common article 3, a serious violation, (VII) children under the age of fifteen years, conscription or enlistment in the national armed forces or using their active participation in hostilities, (VIII) Pavēlēšan to move civilians for reasons related to the conflict, unless it is necessary for the security of the civilians involved in conflicts or for specific military purposes, (ix) the other side of the treacherous soldier killing or wounding, (x) the announcement of a pardon, not (xi) of the Person in the other side, exposure to physical mutilation or any kind of medical or scientific experiments that is not justified by the parties involved in the therapeutic treatment, the dental treatment or treatment in a hospital, nor its interests, and that has caused such person or persons death or a serious threat to health, (XII) the other side of the destruction or seizure of the property, unless such destruction or seizure was not a necessary war, (f) (e) of paragraph 2 apply to non-international armed conflicts and thus does not apply to situations arising from internal disturbances and tensions, as the uprising, separately or not planned violent offences or other similar types of offences. It applies to armed conflicts that take place in the territory of a country in a protracted armed conflict between the lawful Government and organized armed groups or between such groups. 3. Nothing 2 (c) and (e) shall affect the responsibility of the Government to maintain or re-establish law and order in the State or to defend the national unity and territorial integrity by all legitimate means. Article 9 elements of Crimes 1. Crime elements help translate and apply to the Court for 6, 7 and 8. They are taken by a two-thirds majority of the representatives of the Assembly of States parties. 2. Amendments to the elements of the crime may recommend: (a) any Member State; (b) the absolute majority of the judges; (c) the Prosecutor. Such amendments shall be adopted by a two-thirds majority of the representatives of the Assembly of States parties. 3. elements of Crimes and amendments thereto shall be in accordance with these statutes. Article 10 Nothing in this title translates as any kind of restriction or damage existing or the development of international law which are different from the purposes provided for in these statutes. Article 11 jurisdiction ratione temporis 1. the Court has jurisdiction only to crimes committed after the entry into force of the Statute. 2. in relation to a State which becomes a member of the Statute after they have entered into force, the Court may exercise its jurisdiction only over crimes committed after the entry into force of the Statute in that State, unless that State has not made a declaration under paragraph 3 of article ar12. Article 12 preconditions for the implementation of the jurisdiction 1. By becoming a member of these statutes, the State recognises the jurisdiction of the Court with respect to a crime referred to in article 5. 2. in accordance with article 13 (a) and (c), the Court may exercise its jurisdiction if one or more of the following countries are party to the Statute, or have acknowledged the jurisdiction of the Court in accordance with paragraph 3: (a) the State on whose territory the offence occurred, or, if the crime was committed on board a vessel or aircraft, that the registration of a vessel or aircraft; (b) the State of which the accused person is a crime. 3. Where, in accordance with paragraph (2) requires a State which is not a member of the Statute, consent, then that State may, by declaration, the Secretary to acknowledge the Court's jurisdiction over the crimes concerned. Essential State shall cooperate with the Court in accordance with section 9 without delay or exception. Article 13 exercise of jurisdiction in accordance with the provisions of these statutes, the Court may exercise jurisdiction with respect to crimes referred to in article 5, if: (a) in accordance with article 14, the Member State shall submit to the prosecutor referred to the event, which may have one or more of the following types of crimes; (b) the Security Council, acting in accordance with the United Nations Charter, Chapter VII, the Prosecutor submitted for examination to the event, which may have one or more of the following types of crimes; or (c) in accordance with article 15 of the public prosecutor proposes an investigation in respect of such a crime. 14. article submission for consideration of the event, the Member State may submit to the Member State 1 for consideration in the event that the Prosecutor may have committed one or more crimes within the jurisdiction of the Court, asking prosecutors to investigate events to determine whether one or more specific persons should be charged with this crime. 2. To the extent practicable, the application shall specify the relevant circumstances and is added to the supporting documents available to the requesting State. Article 15 Prosecutor 1. The Prosecutor may initiate investigations proprio motu on the basis of information on the judicial jurisdiction of the crime. 2. The Prosecutor shall analyse the merits of the information received. For this purpose, he/she may request the States, United Nations bodies, intergovernmental and non-governmental organizations, or any other reliable sources which he/she considers appropriate, additional information, and may receive written or oral testimony heard by court location. 3. If the Prosecutor decides that there is sufficient reason to continue the investigation, he/she shall submit to the pre-trial Chamber a request to allow investigation and supporting materials collected. Victims may make representations to the pre-trial Chamber, in accordance with the procedures and rules of evidence. 4. If the pre-trial Chamber, examining the application and the supporting material, considers that there are sufficient grounds to continue the investigation and that I have jurisdiction, it allows the initiation of an investigation, without prejudice to subsequent decisions of the Court of Justice relating to jurisdiction and the jurisdiction. 5. The pre-trial Chamber's refusal to allow an investigation does not preclude the Prosecutor the opportunity to submit a further request, based on newly discovered circumstances or evidence in respect of the same event. 6. If, after 1 and 2 in the previous investigation, the Prosecutor concludes that the information provided is not sufficient grounds for an investigation, he/she shall inform the person who provided the information. This does not exclude the possibility of the Prosecutor to examine future information that is submitted to him (-OH) in respect of the same event, having regard to the circumstances or evidence jaunatklāto. Article 16 deferral of investigation or prosecution investigation or prosecution can not initiate or continue under these statutes within 12 months after the Security Council in its resolution adopted under Chapter VII of the UN Charter, the Court has made such a request. Article 17 jurisdiction 1. with reference to paragraph 10 of the preamble and article 1, the Court shall determine that a case is not its jurisdiction if: (a) investigate the matter or has proposed that the State having jurisdiction over it is, except when the State does not want to or are not able to fully carry out an investigation or prosecution; (b) the case is investigated in a State whose jurisdiction it has, and the State has decided not to initiate criminal proceedings against the person concerned, unless the decision is not from a country not desiring or unable to fully prosecute; (c) the person concerned has already been tried for the offence that is the subject matter of the complaint, and in accordance with paragraph 3 of article 20 of the trial court is not permitted; (d) the case is not serious enough to justify further action by the Court. 2. in each case, the Court found no willingness, in the light of international law recognised according to the principles of the process, is there and is applicable to one or more of the following principles: (a) the proceedings were or are being undertaken or the national decision to protect the person concerned from criminal responsibility for crimes under article 5 is under the jurisdiction of the Court; (b) the proceedings have been based delay, given the circumstances is contrary to the objective of calling to account the persons concerned; (c) the proceedings were not or are not being conducted independently or impartially and were conducted or is in such a way that, in the circumstances, does not comply with the purpose to call to account the persons concerned. 3. to determine in each case, the Court could not examine whether all or part of the national judicial system to collapse or not available, the State is unable to obtain the accused or the necessary evidence and testimony or otherwise unable to take legal action. Article 18 conditions for jurisdiction 1. Once information about the event is submitted to the Court pursuant to article 13 (a) and the Prosecutor has determined that there are sufficient grounds for an investigation, or the Prosecutor initiates an investigation in accordance with 13. (c), and article 15, the Prosecutor shall inform all the Member States and those States which, taking into account the information available, usually enforce jurisdiction over the crimes. The Prosecutor may notify such States on a confidential and, if the public prosecutor deems it necessary to protect persons, prevent destruction of evidence or to prevent the avoidance of persons, States may limit the amount of information provided. 2. Within one month of receipt of such notification, the State may inform the Court that it is investigating or has investigated its nationals or others within its jurisdiction, in cases concerning criminal offences that can form referred to in article 5 of the crimes, and related to the information provided by the States. Following the request of the Prosecutor, relying on the State investigation of such persons, unless the pre-trial Chamber shall, on the basis of the application of the public prosecutor, decide to authorize the investigation. 3. the consent of the Public Prosecutor for investigation, the Prosecutor may be reviewed within six months after such approval, or at any time when there has been a significant change of circumstances based on the State's unwillingness or inability to fully investigate. 4. The State concerned or the Prosecutor may appeal to the pre-trial Chamber of the Court of appeal decision in accordance with article 82. The appeal may be dealt with as a matter of urgency. 5. when the Prosecutor has left investigations in accordance with paragraph 2, the Prosecutor may request the State concerned periodically inform the Prosecutor of the progress of the investigation and any subsequent prosecutions. Member States shall immediately respond to such requests. 6. until the decision of the pre-trial Chamber, or at any time when the Prosecutor has left investigations in accordance with this article, the Prosecutor may, exceptionally, the pre-trial Chamber shall ask for permission to carry out the necessary investigations in order to save the evidence, if you have a unique opportunity to obtain important evidence or there is a serious risk that such evidence will not be available later. 7. a State which has challenged a decision of the pre-trial Chamber under this article may protest against the jurisdiction in accordance with article 19, on the basis of additional significant facts or significant change of circumstances. Article 19 Protests against the Court's jurisdiction or the jurisdiction of the Court 1 admit that they have jurisdiction in any case brought before it. On its own initiative, the Court may determine jurisdiction in accordance with article 17. 2. Against jurisdiction, on the basis of article 17, or the jurisdiction of the Court to protest the may: (a) the accused or the person for whom an arrest warrant or subpoena on arrival is issued in accordance with article 58; (b) a State which has jurisdiction over the case on the grounds that it is investigating or prosecuting or has investigated or prosecuted the finished; or (c) the country from which the recognition of jurisdiction is required under article 12. 3. the Prosecutor may ask the Court for jurisdiction or jurisdiction. In proceedings with respect to jurisdiction or the jurisdiction of the Court can submit comments to those who have submitted for examination to the event in accordance with article 13, as well as the victims. 4. the jurisdiction or the jurisdiction of the Court may be entering any person referred to in paragraph 2 or the State only once. The protest takes place before or by initiating a judicial process. In exceptional cases, the Court may allow the examination of the protest, which is presented in more than one time or after the commencement of the trial. Jurisdiction of noprotestēšan, launching a trial, or subsequently with the special permission of the Court can only take place in accordance with article 17, paragraph 1 (c). 5.2 (b) and (c) the States referred to in paragraph 1 shall be lodged protests at the earliest opportunity. 6. before the approval of the prosecution or the Court jurisdiction of the jurisdiction of the noprotestēšan is submitted to the pre-trial Chamber. After accusations they are submitted for approval in the Chamber of the Court. Decisions with respect to jurisdiction or jurisdiction may be appealed to the Appeals Chamber in accordance with article 82. 7. If protest is made public in accordance with (b) and (c), the Prosecutor shall suspend the investigation until the Court takes a decision in accordance with article 17. 8. until the decision of the Court, the Prosecutor may ask the Court for permission to: (a) the necessary investigative activities mentioned in article 18, paragraph 6; (b) accept the statement or testimony from a witness or complete the collection and analysis of evidence taken before the protest was lodged; and (c) cooperation with the countries concerned, to prevent the evasion of the persons to whom the public prosecutor has already issued the arrest warrant, in accordance with article 58. 9. The Protest filing does not affect the Prosecutor's decision or order of the Court issued the warrant or before the protest. 10. If the Court has decided that a case under article 17 does not have jurisdiction, the Prosecutor may submit a request to review the decision when he/she is fully convinced that new facts have emerged that rejects the foundations on which the above it is considered that the case is not jurisdiction in accordance with article 17. 11. If the Prosecutor postpones the investigation, referring to article 17, the Prosecutor may request the State concerned to provide to the Prosecutor information on the proceedings. This information, at the request of the State concerned are confidential. If the Prosecutor then decides to continue the investigation, he/she shall inform the country, which led to the suspension of the proceedings took place. Article 20 the Ne bis in idem 1. except the statutes without any one person may not be tried in court for the offence, which was a crime for which the Court has tried or disappointing. 2. no one may be tried by another court for a crime referred to in article 5, if that person has already been tried in Court or disappointing. 3. The Court may not be any court who is tried in another court, on the 6, 7 or 8 of the offence laid down in article, for the same offence, unless the proceedings in the other court: (a) was made with the purpose to protect the person concerned from criminal responsibility for crimes in the jurisdiction of the Court; or (b) was not carried independently and objectively, in accordance with recognized international law and procedural rules was led in such a way that, under certain circumstances, defeats the purpose of calling the person concerned to justice. Article 21 applicable law 1. The Court shall apply: (a) first, these terms of reference, the elements of Crimes and its rules of procedure and evidence; (b) Secondly, if necessary, the applicable international agreements and the principles of international law and regulations, including approaches for principles of international law in cases of armed conflict; (c) if the above fails, then the General principles of law, where the Court derives from the legal systems of the world to the national law, including, where appropriate, their national legal provisions, which generally enforce jurisdiction over a crime, if these principles are not inconsistent with this Statute and with international law and internationally recognised norms and standards. 2. The Court may apply principles and rules of law rules as it is interpreted in its previous rulings. 3. the application of the rules of law and interpretation in accordance with this article must comply with the internationally recognized human rights, and be without any adverse distinction based on such grounds as sex, defined in article 7, paragraph 3, age, race, colour, language, religion or beliefs, political or other opinion, national, ethnic or social origin, wealth, birth or other status.   3. section. General principles of criminal law article 22 Zero of crimen sine lege 1. Person cannot be held criminally responsible in accordance with these statutes, except where the offence is committed, it is under the jurisdiction of the Court is a crime. 2. the definition of the crime is explicit, and it should not be translated by analogy. The confusion in the case definition being translated for the benefit of the person in respect of which the investigation, prosecution, or the person in question is convicted. 3. This article shall not affect any offence classification as legislation under international law independently of these statutes. Article 23 nulla poena sine lege a Person is tried in the Court may be punished only in accordance with these statutes. Article 24 the absence of retroactive effect ratione personae 1.-no person can be called a criminally liable for offences under these statutes before the entry into force of the Statute. 2. where the law applicable to a given case prior to a final judgement, are amended, is then applied to the provision which is more favourable to the person in respect of which the investigation, prosecution, or where a person is convicted. Article 25 individual criminal responsibility 1. Under these statutes, the Court of Justice shall have jurisdiction over natural persons. 2. A Person who commits a crime under the jurisdiction of the Court, is individually responsible and punishable in accordance with these statutes. 3. in accordance with these statutes called the person criminally liable and is punishable under the jurisdiction of the Court for a crime if this person: (a) the following shall be a crime either individually, in combination with another or through another person, regardless of whether the other person is called to criminal liability; (b) order, instigate or encourage the crime that is being committed or has attempted to do this; (c) to promote this crime, help, egg or otherwise support it or making it, including it in order to mobilize resources; (d) in any other way support the crime or its attempt, a group of persons acting with a common purpose. This is intentional and is either: (i) committed with the aim to promote the criminal activity or criminal purpose of the group, where such activity or purpose involves the jurisdiction of the Court of a criminal offence, or (ii) committed a crime, knowing the purpose of the group to commit the crime; (e) in the case of genocide, directly and publicly inciting others to make genocide; (f) the attempt to commit such a crime by taking action that dates back to its execution, thereby making it an important step, but the crime offences is not done from the person wants independent reasons. However, a person who renounces the crime or otherwise prevents the completion of the crime is not punishable in accordance with these terms of reference for the crime of attempt, if that person completely and voluntarily has waived the criminal purpose. 4. No provision in this Statute relating to individual criminal responsibility shall affect the responsibility of States under international law. Article 26 the jurisdiction relating to persons under the age of 18 years do not fall within the jurisdiction of the Court, any person who is under 18 years of age at the time of the offence. Article 27 does not the applicability of formalization 1. These statutes are applied equally to all persons without any distinction based on official capacity. In particular, the head of State or Government, or of the Government, members of Parliament and elected representatives or officials of the Government of the State of the service shall in no case exempt a person from criminal responsibility under this Statute, nor even of itself constitute grounds for penalties. 2. Immunities or special procedural rules which may be associated with the personal situation of the service, whether under national or international law, shall not prevent a court to exercise jurisdiction over such a person. Article 28 the Commander and the other driver responsibility in addition to other grounds of criminal liability in accordance with these statutes under the jurisdiction of the judicial crimes: (a) the military commander or person actually works as a military commander, called a criminally liable for crimes under the jurisdiction of the Court which has made the troops located his (s) and control current control or can and controlled depending on the case, which is the result of his (s) can not control troops under operation where: (i) the military commander or person knew or, in light of the circumstances at the time, should have known that troops carried out or about to commit such a crime, and (ii) the military commander or person did not take all necessary and reasonable measures within their competence in order to prevent or stop their actions, or informed of the offence to the competent authorities for investigation and prosecution of the case; (b) in view of the driver and the relationship that is not set out in (a) in paragraph 1, the driver criminally liable for crimes under the jurisdiction of the Court which made the subordinates who are his (s) current and control his inability (s) under the control of such subordinates that: (i) the driver either knew, or consciously disregarded information which clearly indicated, that the subordinates commit a crime or are going to commit such crimes (ii) Crime concern, activities that have current driver's responsibility and control, and (iii) the driver did not take all necessary and reasonable measures within their competence in order to prevent or stop their actions, or informed of the offence to the competent authorities for investigation and prosecution of the case. Article 29 of the Statute of limitations not applicable to crimes under the jurisdiction of the Court are not subject to any limitation. Article 30 mental treatment 1. Unless otherwise specified, a person called to criminal liability and it is punishable as a crime under the jurisdiction of the Court only if the relevant activities are carried out with intention and awareness. 2. For the purposes of this article a person has intent where: (a) in respect of an offence, the person wants to get involved in carrying out the offence; (b) with regard to the consequences, the person wants to cause these effects or is aware that it will be an event in the course of normal development. 3. For the purposes of this article, "awareness" means understanding that exists in the circumstances or events in the course of normal development will occur. "Knowing" and "knowingly" is explained in the. Article 31 conditions that exclude criminal liability 1. in addition to the other conditions provided for in these statutes, which exclude criminal liability, a person is not called to criminal liability if the person committing the offence: (a) a person suffering from a long illness or disorders that undermine a person's ability to hear his (s) or the nature of the illegality or the ability to drive his (s) within the limits of the law; (b) the person is in a State of intoxication, which undermines a person's ability to hear his (s) or the nature of the illegality or the ability to drive his (s) within the limits of the law, except when the person voluntarily saindējus to the circumstances that the person knew, or disregarded the risk, that, as a result of intoxication he (-a) to engage in activities that constitute a crime under the jurisdiction of the Court; (c) a person reasonably to defend himself or another person or, in the case of war crimes, property which is necessary for this person or the other person's survival, or property that is required for completing the military mission, against an imminent and unlawful use of force proportionate to that person or another person or property protected in degree. The fact that a person has been involved in the protection of the missions carried out by troops, is not in itself a basis for exemption from criminal liability in accordance with this section; (d) the offence which is considered a crime under the jurisdiction of the Court, it has been forced by imminent death or permanent or imminent serious bodily harm as a result of the threat against that person or another person, and the action has been necessary and appropriate to prevent this danger, in the case of a person with no intention to cause more serious consequences than those from which the person seeks to avoid. Such a threat may either be: (i) any other person, or (ii) caused conditions created that are outside the control of the person. 2. the Court shall set the conditions provided for in this Statute, which excludes the applicability of the criminal case, which it considered. 3. at the hearing, the Court may take into consideration other circumstances than that referred to in paragraph 1, excluding criminal liability, if such circumstances arise from applicable law as set out in article 21. The order in which these conditions are considered, there are certain procedures and rules of evidence. Article 32 mistake of fact or law 1. Error of fact is the fact that exclude criminal responsibility only if it affects the mental treatment provided for the crime. 2. Error of law as to whether a particular type of conduct is a crime under the jurisdiction of the Court, the fact that criminal liability is not excluded. However, the error rules can be about the fact that exclude criminal responsibility, if it affects the mental treatment provided for such a crime, or as provided for in article 33. 33. Article LVadītāj orders and rules of the law 1. the fact that the jurisdiction of the Court for crimes committed in accordance with the Government or the military or the civilian head of the order, does not exempt a person from criminal liability, except where: (a) a person under legal obligation was to obey the relevant Government or leader's orders; (b) the person did not know that the order is illegal; and (c) the order was not manifestly unlawful. 2. the objectives of this article, orders to commit genocide or crimes against humanity are manifestly unlawful.   4. section. Composition and administration of the Court article 34 organs of the Court the Court has the following bodies: (a) the Bureau; (b) the Appeal Division, the Court and the pre-trial division; (c) the Prosecutor's Office; (d) the Secretariat. Article 35 service of judges 1. all judges are elected as permanent members of the Court and, on that basis, the performance of the service from the beginning of their term of Office. 2. Judges who have been elected in the performance of services of the Bureau constantly from the moment of election. 3. The Bureau may, depending on the workload of the Court and in consultation with the members of the Bureau from time to time decide to what extent it will be necessary for the rest of the judges to a standing desk. Any such changes take place, without prejudice to article 40. 4. the financial arrangements with the judges who do not have permanent services are carried out in accordance with article 49. Article 36 judges qualifications, nomination and election of 1. subject to paragraph 2, the Court has 18 judges. 2. (a) the Court may, on behalf of the Bureau to recommend the increase laid down in paragraph 1. the number of judges, indicating the reasons why this is considered necessary and appropriate. The Secretary any such proposal shall immediately circulate them to all Member States. (b) any such proposal shall study Member States ' meetings during the Assembly, which convened in accordance with article 112. The proposal shall be considered adopted if supported by two thirds of the representatives of the Assembly of States parties and the Assembly of the Member States, enter into force within the prescribed period. (c) (i) when a proposal for increasing the number of judges has been adopted in accordance with subparagraph (b), in addition to the election of judges shall take place in the next session of the Assembly of States parties in accordance with paragraphs 3-8 including and article 37, paragraph 2 (ii) of the proposal for increasing the number of judges has been adopted and entered into force in accordance with (b) and (c) (i) above, the Bureau may, at any time, if the occupancy of the Court requires it recommend reducing the number of judges, assuming that the number of judges is reduced by 1 point. The proposal is being examined in accordance with the procedure laid down in (a) and (b) above. If the proposal is accepted, the number of judges is reduced, the end of the progressive judges ' terms of Office until the desired number is reached. 3. (a) judges are chosen from persons who have high moral posture, impartiality and honesty, which are appropriately qualified to fill in their countries with the highest court related posts. (b) every candidate for election to the Court are: (i) the competent criminal law and criminal procedure, and the necessary relevant experience, whether as judge, Prosecutor, advocate or in other similar capacity, in criminal proceedings; or (ii) competent in relevant international law areas such as international humanitarian law and human rights, with extensive experience in a professional legal action related to the work of the Court; (c) every candidate for election to the Court should have excellent knowledge and be managed by at least one of the working languages of the Court. 4. (a) Any Member State of this Statute may nominate candidates for election to the Court, and this can be done either: (i) the procedure for the nomination of Supreme Court proceedings to a designated authority in the country concerned; or (ii) by the procedure is laid down for the nomination of the International Court of Justice in accordance with the Statute of the Court of Justice. Setting is updated with a message, which specifies in detail the applicant's compliance with the requirements of paragraph 3. (b) each Member State may nominate one candidate for any election, which need not be a citizen of the Member State concerned, but should be one of the citizens of the Member States. (c) the need for the Assembly of States parties may decide on the establishment of the Advisory Committee nominations. In such a case, the Committee shall determine the composition and powers of the Assembly of States parties. 5. Election purposes there are two lists: list of candidates (A) is the name of a candidate whose qualifications are appropriate 3 (b) (i) above; and (B) are included in the list of the names of the candidates whose qualifications are appropriate 3 (b) (ii) point. Candidates with qualifications that are relevant to both lists, you can choose which of the lists to be included. The first election to the Court, at least nine judges elected from list A and at least five judges from list b. subsequent elections are designed to save the equivalent proportion among the judges of the Court, contained in the two lists. 6. (a) judges are elected by secret ballot election at the meeting of the Assembly of States parties, which is convened for that purpose under article 112. Subject to paragraph 7, the persons who have been elected, the 18 candidates who obtain the greatest number of votes and two thirds of the Member States present and voting. (b) the case is not a sufficient number of judges, elected in the first round of voting, repeated voting is organised in accordance with (a) the procedure laid down in point, while the remaining seats are filled. 7. no two judges may be one and the same country. A person who, in the end, the Court membership can be considered more as a citizen of one State, considered the country where this person usually exercises civil and political rights. 8. (a) the selection of the judges of the Court, the Member States shall take into account the presence within the need: (i) the principal legal systems of the world representation, (ii) equitable geographic representation, and (iii) equitable gender men and women judges. (b) Member States shall also take into account the need to include judges with legal expertise in specific issues, including, but not limited to, issues of violence against women and children. 9. (a) subject to subparagraph (b), judges shall perform the service for nine years and, subject to subparagraph (c), and article 37, paragraph 2 of them do not have the right to be pārvēlēt. (b) the first election of one-third of the judges elected shall be selected by lot to serve for three years of service; one third of the judges elected shall be selected by lot to perform services for a period of six years; and the rest of the performance of the service for nine years. (c) a judge who is selected to work for three years, under (b) shall have the right to be pārvēlēt to the full term. 10. Despite paragraph 9, in accordance with article 39 or the Appeals Chamber of the Court of Justice appointed in the judge's term of Office will continue until the appeal is completed or the proceedings, proceedings which had already been started in this Court. Article 37 judicial vacancies 1. Vacancies in the event of elections shall be held in accordance with article 36 to fill the vacancy. 2. The judge who is elected, a vacancy shall perform the services of the remaining term of the predecessor and, if that period is three years or less, can be pārvēlēt again for a full term under article 36. 38. Article 1 Presidium President and first and second Vice President is elected by the absolute majority of the judges. Each of them for a period of three years or until the end of their term of Office as judges, though which of the two ends first. They can be pārvēlēt once. 2. First Vice President running in place of the President if the President is unavailable or disqualified. Second Vice President running for President instead of the case, both the President and the first Vice-President are unavailable or disqualified. 3. the President, along with first and second Vice-president shall consist of the Bureau, which is responsible for: (a) adequate management of the Court, except for the Prosecutor's Office; and (b) other functions assigned to it in accordance with these statutes. 4. in carrying out their duties in accordance with point 3 (a), the Bureau agreed with the Prosecutor and in all cases involving both parties. 39. Article 1 of the Court as soon as possible after the election of the judges, the Court creates the article 34 (b) of the section provided for in paragraph 1. The Appeal Division is the President and four other judges, the Trial Division of not less than six judges and the pre-trial division of not less than six judges. Judges appoint departments taking into account the tasks to be undertaken for each of the departments and elected judges to the Court of qualifications and experience in such a way that each section is a relevant criminal and criminal procedure expert and international law experts. The Court and the pre-trial division are mainly judges with experience in criminal trials. 2. (a) the judicial functions of the court proceedings in each Department take the Court. (b) (i) the Appeals Chamber has all the appeal of the judges of the section, (ii) the Court of Auditors does the three judges of the Court of Justice chapter, (iii) the functions of the pre-trial Chamber shall be carried out either by three judges of the pre-trial division or one of the judges of this chapter in accordance with these statutes and the rules of procedure and evidence; (c) Nothing in this paragraph shall preclude the simultaneous to create more than one court or pre-trial Chamber, if necessary for the effective conduct of the work under the overburdened courts. 3. (a) the Court of Justice and the judges of the pre-trial Division performs services in these wards, and three years later to the completion of any case the hearing of which has already started the relevant section. (b) judges of the Appeal Division shall perform the service in this chapter, all of his term. 4. the judges of the Appeal Division shall perform services only in this chapter. However, nothing in this article shall prevent the Court judges the temporary raising of the section of the pre-trial division or vice versa, if the Presidency considers that it is necessary for the effective conduct of the work according to the Court's workload, ensuring that a judge who has participated in the pre-trial stage of the proceedings of the case, in no event will not be eligible to participate in these proceedings, the Court of Auditors. 40. Article 1 of the independence of judges fulfilling their functions, the judges are independent. 2. Judges shall not engage in any activity that might interfere with the duties of the judges or to affect confidence in their independence. 3. The judges of the Court Service, which performs consistently, do not engage in any other professional activity. 4. any question regarding the points 2 and 3 of the application is decided by an absolute majority of the judges. If the question concerns an individual judge, that judge shall not take part in the decision making. Article 41 the release and rejection of the judges 1. Bureau after the request of the judge may exempt it from provided for in these statutes functions in accordance with the procedures and rules of evidence. 2. (a) a judge shall not participate in any case in which she (s) objectivity any reason could be reasonably questioned. The judge is dismissed from the proceedings in accordance with this paragraph if, inter alia, that judge, was previously involved in any capacity in a case pending before a court or a related criminal case at the national level, involving the person in connection with the investigation or prosecution. The judge also rejected on the basis of the other reasons set out in the rules of procedure and evidence. (b) the Prosecutor or the person in respect of which the investigation or the prosecution may ask for the judge's rejection under this paragraph. (c) any matter relating to the judge's rejection is decided by an absolute majority of the judges. Rejecting the judge is entitled to comment on the case, but not participate in the decision making. Article 42 1. Prosecutor's Office Prosecutor's Office act independently as a separate organ of the Court. It is responsible for the application and any information relevant to the Court's jurisdiction for crimes, their examination and the conduct of investigations and prosecutions in court. Bureau does not look to any external source of instructions and do not act on the basis of them. 2. The Office shall be headed by the Prosecutor. The public prosecutor is empowered to lead and manage the Office, including the staff, facilities and other resources associated with it. The Prosecutor shall be assisted by one or more Deputy Prosecutors, who are authorised to carry out any operation must be carried out in accordance with the Statute of the public prosecutor. The Prosecutor and the Deputy Prosecutors shall be of different nationalities. They perform the service permanently. 3. the Prosecutor and Deputy Prosecutors are people with high moral posture, very competent and with extensive practical work experience in the prosecution or trial of criminal cases. They have excellent knowledge and are well managed, at least one of the working languages of the Court. 4. The Prosecutor shall be elected by the Assembly of States parties of an absolute majority of representatives, voting by secret ballot. The Prosecutor's deputies are elected in the same manner, from a list of candidates provided by the Prosecutor. For each of the Prosecutor's Office of the Deputy Prosecutor nominated three candidates. If the election is not decided for a shorter term, the Prosecutor and the Deputy Prosecutor, the term of Office of nine years, and they do not have the right to be pārvēlēt. 5. neither the Prosecutor nor a Deputy Prosecutor shall not engage in any activity that might disturb him as Prosecutor duties or call into question their independence. They shall not engage in any other professional activity. 6. the Bureau may exempt the Prosecutor or a Deputy Prosecutor, at his request (s) from participating in a particular case. 7. neither the Prosecutor nor a Deputy Prosecutor shall not participate in any case in which their impartiality any reason could be reasonably questioned. They are rejected from the arbitration proceedings in accordance with this paragraph if, inter alia, they have previously been involved in any capacity in a case pending before a court or a related criminal case at the national level, involving the person in connection with the investigation or prosecution. 8. any question as to the Prosecutor or the Deputy Prosecutor is the rejection of the Appeals Chamber decided: (a) a Person in respect of which the investigation or the prosecution may ask at any time to reject the Prosecutor or Deputy Prosecutor, based on the grounds mentioned in this article; (b) the Prosecutor or the Deputy Prosecutor, if necessary, have the right to submit his comments on the case; 9. The Prosecutor shall mean legal advisers with expertise in special issues, including, but not limited to, sexual and gender violence, violence against children. 43. Article 1 Secretariat the Secretariat shall be responsible for the operation and administration of the Court without legal aspects, without affecting the Prosecutor under article 42 functions and powers. 2. the Secretariat shall be headed by a Secretary who is a senior administrative officer of the Court. The Secretary carries out its functions under the supervision of the President of the Court. 3. The Secretary and Deputy Secretary is a person with high moral posture, very competent and have an excellent knowledge of and are well managed, at least one of the working languages of the Court. 4. The judges by secret ballot by an absolute majority, elect a Registrar, taking into account any recommendation by the Assembly of States parties. If the need arises and upon the recommendation of the Registrar, the judges shall elect the Deputy Secretary in the same way. 5. The Registrar's term of Office is five years, with the possibility to be pārvēlēt once and it fulfils the service permanently. Deputy Secretary for a period of five years or such shorter period of time for which you can decide with absolute majority of the judges, and may be elected on the basis that the Deputy Registrar shall at their duties, when required. 6. within the Secretariat, the Secretary shall establish a victim and witness unit. This unit, in cooperation with the Office of the Prosecutor provides protection and security measures, advocacy and other assistance for witnesses, victims who come into the Court, and others who are in danger, given the evidence that has provided such a witness. Unit staff are experts in trauma, including sexual crimes of violence injury. Article 44 staff 1. The Prosecutor and the Registrar means the qualified staff as may be necessary to their offices. The Prosecutor's case, it also includes the designation of investigators. 2. Employ a staff of Prosecutors and the Registrar shall ensure the highest standards of efficiency, competence and impartiality, and, mutatis mutandis, to take account of article 36, paragraph 8, the criteria set out in. 3. The Secretary of the Bureau and the consent of the public prosecutor proposes staff regulations which include the terms and conditions under which are appointed, remunerated and dismissed Court staff. Staff regulations approved by the Assembly of States parties. 4. in exceptional cases the Court may employ gratis personnel experts who recommend that Member States, intergovernmental organizations and non-governmental organizations to help any institution of the Court. The Prosecutor may accept any such offer on behalf of the Office of the Prosecutor. Gratis personnel is employed, in accordance with the directions of the Assembly of the Member States. Article 45 solemn undertaking in accordance with these statutes, the judges, the Prosecutor, the Deputy Prosecutors and the Registrar and the Deputy Registrar, before taking office, each pass a solemn promise in open court to impartially and conscientiously fulfil their obligations. 46. Article 1 of the exemption from the post the judge, Prosecutor, Deputy Prosecutor, Registrar or Deputy Registrar is released from Office if a decision is adopted in accordance with paragraph 2, in cases where that person: (a) commits a serious infringement or serious his obligations provided for in these statutes of default as provided for in the rules of procedure and evidence, or (b) is not able to fulfil the obligations which are to be taken in accordance with these statutes. 2. the decision of the judge, the Prosecutor or the Deputy Prosecutor's dismissal in accordance with paragraph 1 shall be adopted by the Assembly of States parties by secret ballot: (a) in the case of a judge with a two-thirds majority of the Member States following the recommendations passed by the rest of the two-thirds majority of the judges; (b) in the case of the Prosecutor with the absolute majority of the Member States; (c) in the case of the Deputy Prosecutor at the Prosecutor's recommendations with absolute majority of the Member States. 3. the decision of the Secretary or the Deputy Secretary's resignation is accepted by the absolute majority of the judges. 4. The judge, Prosecutor, Deputy Prosecutor, Registrar or Deputy Registrar whose conduct or ability to perform the position provided for in these statutes functions are disputed in accordance with this article shall be given the opportunity to present and receive evidence and submit arguments in accordance with the procedures and rules of evidence. A person whose case is being heard, otherwise not participating in the proceedings. Article 47 disciplinary measures a judge, Prosecutor, Deputy Prosecutor, Registrar or Deputy Registrar who has committed misconduct of a less serious as article 46, paragraph 1, are subject to disciplinary action in accordance with the procedures and rules of evidence. Article 48 privileges and immunities 1. Court in the territory of each Member State enjoys such privileges and immunities as are necessary for the achievement of its objectives. 2. The judges, the Prosecutor, the Deputy Prosecutors and the Registrar shall, in the exercise of the Court's work or to enjoy the same privileges and immunities as are granted to the heads of diplomatic missions after the expiry of their term of Office shall continue to enjoy immunity from any form of legal process in respect of oral or written statements and acts performed by them in their terms of Office. 3. the Deputy Registrar, the staff of the Prosecutor's Office and the Secretariat staff shall enjoy the privileges and immunities and facilities necessary for the exercise of their functions in accordance with the agreement on the privileges and immunities of the Court. 4. Lawyer, experts, witnesses or any other person whose presence is required at the hearing, is shown the attitude, what is necessary for the proper working of the Court in accordance with the agreement on the privileges and immunities of the Court. 5. the privileges and immunities: (a) the judge or Prosecutor can be removed by the absolute majority of the judges; (b) the Registrar may remove the Bureau; (c) the Deputy Prosecutors and staff of the Prosecutor's Office may remove the Prosecutor; (d) Deputy Secretary and the staff of the Secretariat can be removed by the Secretary. Article 49 salaries, allowances and expenses for judges, the Prosecutor, the Deputy Prosecutors, the Registrar and the Deputy Registrar shall receive such salaries, allowances and expenses to be agreed upon by Member States of the Assembly. These wages and benefits will not be reduced during their term of Office.

Article 50 official and working languages of the Court 1 official languages are Arabic, Chinese, English, French, Russian and Spanish. Judgment of the Court of Justice, as well as other decisions that resolve the relevant issues in court, are published in the official languages. The Bureau, in accordance with the procedures and rules of evidence determines which are considered decisions to solve relevant issues that point targets. 2. the working languages of the Court are English and French. Procedures and rules of evidence to determine where the other official language may be used as working languages. 3. by any other party to the proceedings or a country which is allowed to participate in the process, the request, the Court shall allow the party or country using a language other than English or French, if the Court considers such authorization to be sufficiently justified. Article 51 of the rules of procedure and Evidence 1. Procedures and rules of evidence shall enter into force when it has been adopted by the Assembly of the representatives of the Member States of the two-thirds majority. 2. Amendments to the rules of procedure and evidence may be submitted: (a) any Member State; (b) the absolute majority of the judges; or (c) the Prosecutor. Such amendments shall enter into force when it has been adopted by the Assembly of the representatives of the Member States of the two-thirds majority. 3. After the procedure and rules of evidence, in cases of urgency, when rules do not provide for any specific situations in court, the judges of the solution by a two-thirds majority, draw up provisional rules to be applied until the next regular or extraordinary session of the Assemblies of the Member States they are accepted, amended or rejected. 4. the procedures and rules of evidence, amendments thereto and any provisional rule shall be consistent with these statutes. Amendments to the rules of procedure and evidence, as well as provisional rules shall not be applied retroactively to the detriment of the person in respect of which the investigation or prosecution of criminal offences or who are convicted. 5. In case of conflict between the Statute and the rules of procedure and evidence of the Statute shall prevail. 52. Article 1 of the Statute the Court. Under these terms of reference and rules of procedure and evidence to the judges with an absolute majority adopt the Statute of the Court, takes its day-to-day work. 2. developing rules and any amendments thereto, should consult with the Prosecutor and the Registrar. 3. the regulations and any amendment shall enter into force from the date of adoption, unless the judge decides otherwise. Immediately after adoption they are sent out to the Member States to provide their comments. If within six months from the majority of Member States have received no objections, then they remain in force.
5. section. Investigation and prosecution article 53 initiation of investigation 1. Evaluating the information that he (-OH) available, Prosecutors brought up the investigation, unless he/she does not conclude that there are insufficient grounds to act in accordance with these statutes. In deciding the issue of initiation of the investigation, the Prosecutor shall consider whether: (a) the Prosecutor, the information available gives sufficient basis to believe that crimes within the jurisdiction of the Court is being or has been committed; (b) in accordance with article 17 or would have jurisdiction; and (c) in view of the gravity of the crime and the interests of the victims, however, there are sufficient grounds to believe that an investigation would not serve the interests of Justice. If the public prosecutor finds that there are insufficient grounds for action and their (s) decision is based solely on the above (c) above, he/she shall inform the pre-trial Chamber. 2. If, on investigation, the Prosecutor concludes that there is no sufficient basis for a prosecution, because: (a) is not a sufficient legal or factual basis to seek a warrant or summons under article 58; (b) in accordance with article 17 are not in the jurisdiction; or (c) the prosecution does not serve the interests of Justice, taking into account all the circumstances, including the gravity of the crime, the victim and the alleged offender's age or health status, and his possible role (s) of the crime; The Prosecutor shall inform the pre-trial Chamber and the State that made the event in accordance with article 14 or the Security Council in article 13 (b) in the case referred to in paragraph 1 of its decision and the reasons for the decision. 3. (a) the State which made a submission in accordance with article 14 or the Security Council, in accordance with article 13, point (b), the pre-trial Chamber may review the Prosecutor under paragraph 1 or 2 of the decisions not to act and ask the Prosecutor to reconsider that decision. (b) in addition, the pre-trial Chamber may also, on its own initiative, review a decision of the Prosecutor not to proceed if it is based solely upon 1. (c) or 2 (c). In this case, the Prosecutor's decision is valid only if confirmed by the pre-trial Chamber. 4. The Prosecutor may, at any time, review the decision for initiation of investigation or prosecution based on new facts or information. Article 54 duties and powers of the Prosecutor with respect to investigations 1. Prosecutor: (a) to establish the truth, extend the investigation to uncover all the facts and evidence that are required to determine whether, in accordance with these statutes, criminal liability arises and, by doing this, investigate equal apsūdzošo and extenuating circumstances; (b) take appropriate measures to ensure the effective investigation and prosecution of crimes under the jurisdiction of the Court, and, by doing that, the victim and witnesses of the interests and personal circumstances, including age, gender as defined in article 7, paragraph 3, and health, and take into account the nature of the crime, especially when it involves sexual or gender violence or violence against children; and (c) fully respect the rights of the parties under these terms of reference. 2. The Prosecutor shall be entitled to carry out investigations in the territory of the country: (a) in accordance with the provisions of section 9; or (b) with the permission of the pre-trial Chamber, as defined in article 57 (3) (d). 3. The Prosecutor shall be entitled: (a) collect and examine evidence; (b) request the person that things are investigated, victims and witnesses and interrogated its presence; (c) seek the cooperation of any State or intergovernmental organization or arrangement in accordance with their respective competencies and/or mandates; (d) enter into arrangements or agreements, not inconsistent with these terms of reference, which may be necessary to promote the State, intergovernmental organisation or person; (e) agree not to disclose, at any stage of the investigation, documents or information that the Prosecutor obtains confidential and only to get new evidence, unless the information provider does not give their consent; and (f) take necessary measures, or request that the necessary measures be taken to ensure the confidentiality of information, the protection of any person or the preservation of evidence. Article 55 rights of persons during an investigation 1. in accordance with these statutes investigations, the person: (a) are not forced to testify against himself or to admit guilt; (b) is not subject to any kind of coercive measures, coercion or threats, torture or any other form of cruel, inhuman or degrading treatment or punishment; and (c) if it is questioning language in which it is not completely understood and does not speak, is entitled to the free assistance of a competent interpreter and translations that are required for Justice; (d) shall not be subject to arbitrary arrest or detention, and shall not be deprived of freedom except on grounds and in accordance with the procedure laid down in the statutes. 2. Where there are reasonable grounds for believing that a person has committed a crime within the jurisdiction of the Court and that person immediately questioned the Prosecutor or national authorities pursuant to a request made pursuant to this Statute, section 9, that person shall also have the following rights, of which it is informed before the questioning: (a) to be informed before the questioning that there is reason to believe that it is under the jurisdiction of the court committed a crime; (b) to remain silent, silence is not for the circumstance, in order to determine their guilt or innocence; (c) the right to legal assistance at this person's choice, or, if they do not have legal assistance, the right to legal assistance granted to it, if the interests of justice so require, and without payment if that person does not have sufficient funds to pay it; (d) to be questioned in the presence of a lawyer, unless the person has voluntarily waived his right to a lawyer. Article 56 role of the pre-trial Chamber in relation to a unique investigative opportunity 1. (a) where the Prosecutor considers that the investigation is a unique opportunity to hear testimony from a witness or notice or check get or appreciate the evidence may not be available to the Court later, the Prosecutor shall so inform the pre-trial Chamber. (b) in this case, the pre-trial Chamber, upon the request of the public prosecutor is empowered to take the measures necessary to ensure the effectiveness of the proceedings and impartiality, and in particular the protection of the interests of the defence. (c) unless the pre-trial Chamber orders otherwise fails, the Prosecutor shall give the person who has been arrested or arriving after a summons in connection with (a) the investigation referred to in According to the information of the person to be able to be heard in this case. 2. in point 1 (b) these measures may include: (a) recommendations or issue orders concerning the activities to review the procedures that will follow; (b) orders for the record of the proceedings; (c) the appointment of an expert to assist; (d) to allow persons who have been arrested or brought into court in accordance with the summons, the lawyer to participate in, or, in the event that such arrest or entry into the not yet been, or the lawyer is not appointed, the appointment of a lawyer, another for participation in the investigation and defence interests; (e) one of its members or, if necessary, to another available in the pre-trial or Trial Division judge's designation, to observe and make recommendations or issue orders concerning the collection and preservation of evidence and the questioning of persons; (f) other activities that may be necessary to collect or preserve evidence. 3. (a) where the Prosecutor has not carried out the measures pursuant to this article but the pre-trial Chamber considers that such measures are required to preserve evidence that it deems important to defend an action, it should consult with the Prosecutor as to whether there is sufficient reason that the Prosecutor has requested this action. If the pre-trial Chamber decides in the consultations that the Prosecutor's action is well founded, the pre-trial Chamber may take such measures on its own initiative. (b) the Prosecutor may appeal to the pre-trial Chamber for a decision to act on its own initiative in accordance with this paragraph. Such an appeal is dealt with as a matter of urgency. 4. Evidence that stored or collected under this article to the Court or to the admissibility of the Protocol establishes the judicial inquiry in accordance with article 69, and have the meaning determined by the Court of Auditors. Article 57 the pre-trial Court functions and powers 1. Unless the Statute provides otherwise, the pre-trial Chamber shall perform its functions in accordance with the provisions of this article. 2. (a) the pre-trial Chamber orders or instructions issued pursuant to 15, 18, article 19, article 54, paragraph 2 of article 61, paragraph 7, and article 72, confirmed by a majority of its judges. (b) in all other cases the pre-trial judge of the Court may fulfil the functions provided for in these statutes, unless otherwise is not foreseen by the action of the procedures and rules of evidence or the pre-trial Chamber's majority. 3. in addition to other functions provided for in these statutes, the pre-trial Chamber may: (a) at the request of the Prosecutor, issue such orders and warrants as may be required for the investigation; (b) the person has been arrested or appeared after a summons under article 58, the request to issue orders, including the measures referred to in article 56, or seek cooperation under Title 9, which may be required to help that person to prepare; (c) the need to ensure the protection of victims and witnesses and the integrity of the evidence, the person who has been arrested or appeared under subpoena, and the protection of national security information; (d) authorize the Prosecutor to take specific investigative actions in the territory of a Member State does not provide the cooperation with that country, in accordance with section 9 If, pursuant to the State concerned, the pre-trial Chamber has determined that in this case the State could not execute the request for cooperation due to the fact that it does not have the institutions or any judicial body which is competent to execute the request for cooperation under Title 9. (e) if the issuance of the arrest warrant or summons under article 58, and subject to the proof and the importance of the rights of the parties concerned, laid down in these statutes and in the rules of procedure and evidence, to ask for Public cooperation in accordance with article 93 (1) (k) point to make protective measures for the purposes of confiscation, especially the victims. 58. Article arrest warrant or summons issued arrival by the pre-trial Chamber 1. At any time after the commencement of the investigation, the pre-trial Chamber may, upon application by the public prosecutor to issue an arrest warrant for the person, if the application and the evidence or other information submitted to the Prosecutor's examination, it is ascertained that: (a) has reasonable grounds for believing that that person has committed a crime within the jurisdiction of the Court; and (b) the person's arrest is required: (i) to ensure the person's appearance in court, (ii) to ensure that the person does not obstruct or endanger the investigation and court proceedings, or (iii) where possible, to prevent that person from this crime or a related crime which is within the jurisdiction of the Court, and caused by the same circumstances continue. 2. The Prosecutor's application contain: (a) the person's name and other relevant identifying information; (b) a specific reference to the Court under the jurisdiction of crimes for which the person is suspected; (c) a brief statement of the facts that might constitute those crimes; (d) any other evidence and information, which form a sufficient basis to believe that the person has committed a crime, where appropriate; and (e) the reasons why the Prosecutor believes that the arrest of that person. 3. the arrest warrant contains: (a) the person's name and other relevant identifying information; (b) a specific reference to the Court under the jurisdiction of crimes for which the person's arrest is sought; and (c) a brief statement of the facts, which show about these crimes. 4. the arrest warrant is in force until the Court makes a different order. 5. on the basis of the arrest warrant, the Court may request the provisional arrest of the person or the arrest and surrender under section 9. 6. The Prosecutor may request the pre-trial Chamber to amend the warrant of arrest of the edit or adding to the crimes referred to therein. The pre-trial Chamber shall so amend the warrant if it is satisfied that there are reasonable grounds for believing that the person concerned has made the corrected or presence enhanced crimes. 7. as an alternative the arrest warrant of Prosecutor may submit an application requesting that the pre-trial Chamber issue a summons for the arrival of the person concerned. If the pre-trial Chamber is satisfied that there are reasonable grounds for believing that a person has committed a crime, for which it is suspected, and that a summons is sufficient to ensure the person's appearance, it shall issue a summons to the arrival of the person concerned with or without rules that limit the freedom of a person (other than detention) if provided for by national legislation. The summons contains: (a) the person's name and other relevant identifying information; (b) determine the date on which the person is to appear; (c) a specific reference to the Court under the jurisdiction of crimes for which the person is suspected; and (d) a brief statement of the facts of these crimes; The summons is delivered directly to the person concerned. Article 59 arrest proceedings in the country of detention 1. a Member State that received the request for provisional arrest or the arrest and surrender shall immediately take measures to arrest the person concerned in accordance with its national legislation and the provisions of section 9. 2. the Arrested person is handed over immediately to the competent judicial authority in the country of detention, in accordance with the legislation of that State shall determine whether: (a) the warrant applies to that person; (b) the person has been arrested pursuant to the necessary procedure; and (c) the rights of the individual are respected. 3. the person Arrested shall have the right to apply to the detention of the national competent authorities to reach a temporary release until his surrender. 4. In reaching a decision on any such application, the competent authority of the State of detention shall assess, or with due regard to the seriousness of the crime, there are urgent and exceptional circumstances to justify interim release and whether necessary safeguards exist to ensure that the country can create comply with their obligation to put the person concerned to justice. The State of detention, the competent institution is not entitled to examine the issue of the arrest warrant, established in article 58 (a) and (b). 5. The pre-trial Chamber is informed of all requests for provisional release and provide recommendations to the interceptor, the competent institution of the State. The detention of the competent institution of that State before taking a decision, fully assess the following recommendations, including recommendations on measures to prevent the escape of the person concerned. 6. If the person is temporarily released, the pre-trial Chamber may request periodic reports on the status of the interim release. 7. as soon as the Government decides to hold the persons concerned, it is delivered to the Court as quickly as possible. Article 60 initial proceedings 1. The person concerned is transferred to the Court or appear in court voluntarily or pursuant to a summons, the pre-trial Chamber shall satisfy itself that the person has been informed of the crimes which, it might be done, and of its rights under these terms of reference, including the right to request temporary release pending trial. 2. a Person for whom an arrest warrant was issued, is entitled to request temporary release pending trial. If the pre-trial Chamber is satisfied that article 58, paragraph 1 of the rules, the person remains in custody. If they are not met, The pre-trial Chamber of the released persons with or without rules. 3. The pre-trial Chamber shall periodically review its decision on the person's release or arrest, and may do so at any time at the request of the Prosecutor or the person. Reviewing your decision, it can correct its decision to arrest, release or release rules, if it is satisfied that changed circumstances so require. 4. The pre-trial Chamber shall ensure that a person is not kept in detention unduly long time before the Prosecutor the unreasonable delay. If such a delay occur, the Court decides on the person's release with or without rules. 5. If necessary, the pre-trial Chamber may issue a warrant of arrest to secure the presence of the person released. Article 61 confirmation of charges before the Court 1. taking into account the provisions of paragraph 2, within a reasonable time after the person's surrender or voluntary appearance, the pre-trial Chamber shall conduct a hearing of the case to confirm the indictment on which the Prosecutor wants the trial. Hearing the Prosecutor and the accused person takes place, as well as the presence of a lawyer. 2. The pre-trial Chamber may, at the request of the Prosecutor or on its own initiative to take the case to the hearing to confirm the charges on which the Prosecutor wants the trial without the presence of the accused, if that person: (a) is waived his right to be present at trial; or (b) has run away or cannot be found and all reasonable measures are taken to ensure its arrival in the Court and to inform the person of the charges and that a hearing will be conducted to confirm these accusations. In this case, the person shall be represented by its counsel, if the pre-trial Chamber decides that it is in the interests of Justice. 3. Within a reasonable time before the hearing, the person: (a) receive a copy of the document with the accusations, according to which the Prosecutor intends to transfer the person to the Court; and (b) is informed of the evidence on which the Prosecutor intends to rely at the hearing. The pre-trial Chamber may issue orders regarding the disclosure of information in the hearing of the case. 4. Before hearing the Prosecutor may continue the investigation and has the right to amend or withdraw any charges. The person concerned is informed before the hearing about the indictment or surrender of the repair. In the event of the withdrawal of the indictment, the Prosecutor shall inform the pre-trial Chamber of the reasons for the withdrawal. 5. Things during the hearing the Prosecutor justified each accusation with evidence sufficient to create a reasonable basis for believing that the person in question has committed a crime, for which it is accused. The public prosecutor may be based on documentary evidence and summarized and it is not necessary to call witnesses who can testify in court. 6. during the hearing of the case the person may: (a) object to the charges; (b) to challenge the evidence presented by the Prosecutor; and (c) submit evidence. 7. The pre-trial Chamber shall, on the basis of the results of the hearing of the case, determine whether there is sufficient evidence to believe that the person in question has committed any criminal offence of which it is accused. Based on its findings, the pre-trial Chamber: (a) confirm the charges for which it concludes that there is insufficient evidence; and put the person concerned, the Court of Auditors the court process for approved charges; (b) refuse to confirm the indictment, for which it is concluded that there are no sufficient evidence; (c) postpone the hearing of the case and asked the Prosecutor to consider: (i) additional evidence or further investigations in respect of a complaint, or (ii) the amendment of the indictment because the evidence presented shows on other crimes within the jurisdiction of the Court. 8. If the pre-trial Chamber declines to confirm the indictment, the Prosecutor has the right to ask for its approval later if this requirement is added in addition to the evidence. 9. After confirmation of the indictment and before the start of the trial, the Prosecutor may, with the permission of the pre-trial Chamber and after informing the accused to amend the indictment. If the Prosecutor wishes to submit additional or more serious charges in the indictment, is made of the hearing of the case in accordance with this article to confirm these accusations. At the start of the trial Prosecutor is entitled to withdraw the indictment with the Court's permission. 10. any warrant previously issued shall cease to have effect with respect to any of the accusations, which have not been approved by the pre-trial Chamber or which have been withdrawn by the Prosecutor. 11. Once the charges have been approved in accordance with this article, the Presidency shall establish a Court of Justice, in accordance with paragraph 9 and article 64, paragraph 4, shall be responsible for the following process and can take any the pre-trial Chamber's function, which is necessary and applicable in the process.
6. section. The process of the COURT, article 62 place of trial unless otherwise decided, the venue of the trial is the location of the Court. Article 63 proceedings in the presence of the accused 1. The accused participates in legal proceedings. 2. If the accused, being in court, continued interfering with judicial proceedings, the Court of Auditors is entitled to expel the accused, enabling it to follow the judicial process and to issue instructions to his lawyer outside the courtroom, if necessary, using communications technologies. The following measures are carried out only in exceptional cases, when all other reasonable alternative methods have proved to be inadequate, and only for as long as it is truly necessary. the Court of Auditors article 64 functions and powers of the Court of Justice 1 functions and powers provided for in this article shall be implemented in accordance with these statutes and the rules of procedure and evidence. 2. the Court shall ensure that a trial is fair and fast, and this is done in full respect of the rights of the accused and the victim and provide adequate witness protection. 3. Passing the case to the Court in accordance with these statutes, the Court of Auditors, which would deal with the matter: (a) confer with the parties and adopt such procedures as are necessary to facilitate the fair and expeditious process; (b) shall be determined in the proceedings, the language or languages used; and (c) in the light of other relevant provisions of these statutes provide for previously undiscovered documents or the disclosure of information in sufficient time before the commencement of the trial to enable adequate preparation process. 4. The Court of Auditors, if necessary for its effective and fair functioning, is entitled to put preparations in the pre-trial Chamber or, if necessary, to another available judge of the pre-trial division. 5. Informing the parties, the Court of Auditors shall be empowered to determine the appropriate manner that charges against more than one accused are combined or split. 6. In carrying out its functions prior to trial or during the proceedings, the Court of Auditors may, if necessary: (a) make any the pre-trial Chamber of the functions provided for in article 61, paragraph 11; (b) require the testimony of witnesses coming and documents and other evidence and, if necessary, receive Public assistance, as provided for in these statutes; (c) to provide for the protection of confidential information; (d) make an order for the taking of evidence in addition to that already collected prior to the trial or presented during the trial of the party; (e) to provide for the accused, witnesses and victims; and (f) to decide on other relevant issues. 7. The trial is open. However, the Court of Auditors is entitled to determine that the specific circumstances of the case is required to adjudicate in closed sessions, or of article 68, to protect the confidential or sensitive information that you provide as evidence. 8. (a) Before the commencement of the court proceedings the Court reads the indictment, which accused the above is confirmed by the pre-trial Chamber. The Court of Auditors ensure that the accused understands the nature of the charges. The Court shall give the accused the opportunity to admit his guilt in accordance with article 65 or to deny their guilt. (b) during the process of the Court by the President of the Court may give directions for the conduct of the process, including to ensure fair and impartial conduct. Taking into account the instructions of the President of the Court, the parties may submit evidence in accordance with the provisions of these statutes. 9. The Court of Auditors shall have the right, inter alia, at the suggestion of any party, or on its own initiative: (a) to decide on the admissibility or relevance of evidence; and (b) take all necessary measures to ensure order during the hearing. 10. The Court of Auditors provide a record of the trial, which accurately reflects the proceedings, and that it maintains and preserves the Secretary. Article 65 1 of blame for the recognition process. If the accused admits his guilt in accordance with article 64 (a) of paragraph 8, the Court shall determine whether: (a) the accused understands the nature of the recognition of guilt and consequences; (b) the disclosure is made on a voluntary basis after sufficient consultation with the lawyer of the accused; and (c) the recognition of fault justifying the facts of the case, which included: (i) the charges raised by the Prosecutor and admitted by the accused, (ii) any materials submitted by the public prosecutor, which confirmed the indictment and the accused accepts; and (iii) any other evidence, such as witness statements, which shall be submitted to the Prosecutor or the accused. 2. If the Court finds that (1) These issues are found, it takes a recognition of guilt, together with any other additional evidence, as such, which reveals all the essential facts that are required to prove the crime to which the recognition of guilt, and it could convict the accused of this crime. 3. If the Court finds that the issues referred to in paragraph 1 are established, it assumes that the fault is not, in this case, the Court determined that the judicial process will continue according to the usual costs of the procedures laid down in these statutes and may refer the case to another Court of Auditors. 4. If the Court finds that the Court of Justice and, in particular, the interests of victims requires a more complete rendering of the facts of the case, the Court of Auditors shall be entitled: (a) request the Prosecutor to present additional evidence, including the testimony of witnesses; or (b) provide that the judicial process will proceed in accordance with the usual costs of the procedures laid down in these statutes, in this case, it assumes that the fault is not, and it may refer the case to another Court of Auditors. 5. Any discussions between the Prosecutor and the defence regarding modification of the charges, the recognition of guilt or the penalty for piespriežam is not binding on the Court of Justice. Article 66 presumption of innocence 1. any person is considered innocent until they are proven fault under the applicable law. 2. the burden of proof of the accused's guilt is the Prosecutor. 3. in order to convict the accused, the Court must be fully convinced of the guilt of the accused. Article 67 rights of the accused 1. When examining any allegations, the accused has the right to a public hearing pursuant to the provisions of these statutes, to a fair and impartial trial, and to the following minimum guarantees, in full: (a) to be informed promptly and in detail of the nature of the indictment, cause and content of the language which the accused fully understands and speaks; (b) adequate time and facilities to prepare a defence, and freely and confidentially communicating with a lawyer chosen by the accused; (c) to be tried without undue delay; (d) subject to article 63, paragraph 2 to take part in court proceedings, to defend himself in person or through legal assistance of own choosing, to be informed, if the accused do not have legal assistance, of this right and to receive legal aid, which means a court case, if required by the interests of Justice, and get it for free, if the accused do not have the necessary financial means to pay; (e) assess or help someone to assess the evidence against him and to invite and examine witnesses, who testified in his favor on the same terms on which is called witnesses who testified against him. The accused has the right to defend itself and to submit other evidence that is permitted under these terms of reference; (f) the right to the free assistance of a competent interpreter and such translations as are necessary in the interest of fairness, if any of the procedures or documents submitted to the Court is not a language which the accused fully understands and speaks; (g) not to be forced to testify or admit his guilt and to remain silent, silence is not for the circumstance, in order to determine their guilt or innocence; (h) no oath to make written or oral notification in its defence; and (i) not to be subjected to a change of the burden of proof or any onus of rebuttal. 2. in addition to any other disclosure provided for in these statutes, the Prosecutor as quickly as possible, found evidence for the defence, which is in the Prosecutor's possession or control that he considers evidence or the accused to prove innocence or guilt of the accused, soften or which could affect the credibility of the prosecution evidence. In case of doubt, the decision on the application of this paragraph shall be adopted by the Court. Article 68 protection of victims and witnesses and their participation in proceedings 1. The Court shall take the necessary measures to protect the safety of victims and witnesses, the physical and psychological well-being, dignity and privacy. By doing this, the Court respected all relevant factors, including age, gender as defined in article 7, paragraph 3, and health, and the nature of the crime, especially, but not only, if the crime involves sexual or gender violence or violence against children. The Prosecutor such measures shall be taken in particular in the following investigation and prosecution of crime. These measures are not in conflict or inconsistent with the rights of the accused and a fair and impartial trial. 2. As an exception laid down in article 67 of the transparency principle, the hearing of the Court of Justice, to protect victims and witnesses or an accused, can hold any part of the proceedings in camera or allow the presentation of evidence by electronic or other special means. Such measures are implemented in a particular case in which sexual violence is a victim or a child who is a victim or witness, unless the Court decides otherwise in the light of all the circumstances of the case, in particular the victim or witness. 3. In cases where the victims ' personal interests, the Court's permission to communicate the look and feel of their opinions and concerns the appropriate stages of the proceedings, the Court of Justice and in a way that is contrary to or inconsistent with the rights and the accused a fair and impartial trial. Such views and concerns may be notified to the legal representatives of victims, if the Court deems it reasonable, in accordance with the procedures and rules of evidence. 4. the victims and witnesses unit may advise the Prosecutor and the Court for appropriate remedies, the security measures and help to provide the Council, as set out in article 43, paragraph 6. 5. If evidence or information disclosure in accordance with these statutes can seriously threaten a witness or his or her family (s) security, the Prosecutor, any procedure that is performed before the trial started, the goals may not disclose such information or evidence and instead submit their summary. Such measures are enforced in a manner that is contrary to or inconsistent with the rights of the accused and a fair and impartial trial. 6. A State may ask to take the necessary steps to protect its officials or agents and to protect confidential or sensitive information. Article 69 evidence 1. before each hearing witness in accordance with the procedures and rules of evidence give promise of the veracity of the evidence supplied. 2. the Witness testimony is given in person, except as provided in article 68 or in the rules of procedure and evidence. The Court may allow viva voce (oral) or recorded testimony, using video or audio technology, as well as documents or written transcripts, subject to this Statute and in accordance with the procedures and rules of evidence. These measures must not be in conflict with or inconsistent with the rights of the accused. 3. the parties may submit the relevant evidence related to the case, in accordance with article 64. The Court is entitled to require all evidence that it considers necessary to ascertain the truth. 4. The Court shall decide on any question or the admissibility of evidence, noting, inter alia, the importance of evidence and any harm that such evidence may cause to a fair trial and a fair evaluation of the testimony of witnesses, in accordance with the procedures and rules of evidence. 5. The Court shall respect and observe privileges on confidentiality as defined in the procedures and rules of evidence. 6. The Court shall not require proof of facts of common knowledge but may take judicial knowledge. 7. evidence obtained in violation of this Statute or internationally recognized human rights, is not allowed if: (a) the offence creates a reasonable doubt as to the reliability of the evidence; or (b) evidence of preventing conflict or seriously detrimental to the integrity of the process. 8. Resolving a question about any public evidence or question the admissibility, the Court decides on this country's national legislation. Article 70 offences against justice, 1. The Court of Justice shall have jurisdiction over the following offences against its administration of Justice, if they made knowingly: (a) providing false testimony when it was associated with the obligation to tell the truth, as stipulated in article 69 (1); (b) the evidence on which the party concerned know that they are false or forged; (c) Witness harassment with bribery, harassment or the creation of obstacles to the witness or evidence of presence, going against the testimony of witnesses or destruction of evidence, evidence harassment or counterfeiting; (d) the members of the Court, intimidation or coercion of delay with bribery with the aim to force or persuade it not to perform their duties or make them wrong; (e) going against court justices on his or other officers carried out their responsibilities; (f) bribe extortion or bribery committed by a member of the Court in connection with their official duties. 2. the exercise of the jurisdiction of the Court, the principles and the process over irregularities in accordance with this article shall be determined by the rules of procedure and evidence. Rules for international cooperation with the Court in respect of proceedings under this article shall be determined by the requested country's national legislation. 3. in the event of conviction, the Court may order the deprivation of liberty that not more than five years or a fine in accordance with the rules of procedure and evidence, or both. 4. (a) each Member State shall extend the provisions of criminal law that the punishment for violations against its investigation and trial fairness, application of crimes against justice, referred to in this article, if committed on its territory or it is made by one of its nationals; (b) at the request of the Court, if it considers it necessary, the Member State shall submit the case to its competent authorities for prosecution. These institutions adequately consider such things and give them sufficient resources to effectively deal with them. Article 71 sanctions for misbehaviour in court the Court may punish the 1 person for inappropriate behavior, including the disruption of meetings or a deliberate refusal to comply with its instructions, with administrative means, which is not a deprivation of liberty, such as temporary or complete expulsion from the courtroom, a fine, or similar products, provided for in the rules of procedure and evidence. 2. the procedure for the application of the means provided for in paragraph 1 are laid down in the rules of procedure and evidence. Article 72 protection of national security information 1. This article applies in any case in which one of the States considers that the public disclosure of information or documents could harm its national security interests. Such cases belong to those provided for in article 56, paragraph 2 and 3, article 61, paragraph 3, article 64, paragraph 3 of article 67, paragraph 2, article 68, paragraph 6, article 87, paragraph 6, and article 93, as well as cases arising at any other stage of the proceedings, which can be no question of such a disclosure. 2. This article shall also apply when a person who is requested to give information or evidence, refuses to do so or has referred the matter to the State on the grounds that the disclosure would harm this country's national security interests, and it confirms that it considers that the disclosure would harm its national security interests. 3. Nothing in this article shall not affect the requirements of confidentiality applicable under article 54 (3) (e) and (f), or the application of article 73. 4. If one of the States in this country, that the information or documents are or may be disclosed at any stage of the proceedings, and considers that such disclosure may harm its national security interests, that State shall be entitled to intervene to end this problem is resolved in accordance with this article. 5. If the public believes that disclosure may harm its national security interests, that State shall take all possible measures, in cooperation with the Prosecutor, the defence or the pre-trial Chamber or trial Chamber, as the case may be to reach a solution to this question. Such measures may include: (a) request correction or clarification; (b) the decision of the Court on information or evidence in question or decision on whether this evidence, though relevant, could be or have been obtained from sources other than the requested State; (c) obtaining the information or evidence from other sources, or in a different form; or (d) agreement on conditions under which cooperation can be reached, including summary or edit variants, disclosure limitation, in camera or ex parte proceedings, or other remedies permitted by these statutes and the rules of procedure and evidence. 6. As soon as you have made this all possible measures to resolve the issue of cooperation, and if the State considers that do not have the means or the terms under which the information or documents could be provided or disclosed without prejudice to its national security interests, that State shall inform the public prosecutor or the Court of the reasons for its decision, unless the description of the reason itself does not harm this country's national security interests. 7. If the Court decides that the evidence is relevant and necessary to the accused's guilt or innocence, the Court may take the following measures: (a) where disclosure of information or documents required by the request for cooperation under section 9 or the circumstances referred to in paragraph 2, and the State has informed about the basis for refusal set out in article 93, paragraph 4: (i) prior to the 7 (a) (ii) adoption of the proposed conclusions The Court may ask further advice to consider public objections, if necessary, you can include things that the hearing in camera and ex parte, (ii) if the Court concludes that, having informed his refusal is based, in accordance with article 93, paragraph 4, taking into account the circumstances of the case, the requested State is not acting in accordance with the obligations laid down in this Statute, the Court may take action in accordance with article 87, paragraph 7, explaining the reasons for its decision, and (iii) the Court may accept the conclusion of court proceedings the accused for the presence or absence of fact according to the circumstances of the case; or (b) in all other cases: (i) give the order for disclosure; or (ii) if it does not order disclosure, make conclusions before the accused for the presence or absence of facts according to the circumstances of the case. Article 73 third-party information or documents If the Court shall require any member to submit its supervision, possession or control of documents or information, which is confidential, revealed a State, intergovernmental organization or international organization, it shall request the consent of the originating source to open the document or information. If the source document is one of the Member States, it either gives its consent to disclosure of the information or document or undertake to resolve the issue with the Court of Justice in accordance with the provisions of article 72. If the source is not the Member State of origin and refuses to give his consent to disclosure, the requested State shall inform the Court that it is unable to submit the information or documents in accordance with the previously existing privacy obligations to the originating source. 74. Article 1 of the decision. The Court of Auditors All judges participating in each stage of the proceedings and debates. In some cases, the Bureau may mean, if possible, one or more alternate judges who participate in each stage of the trial and replaced by one of the members of the Court, if it can not continue to participate. 2. the Court's decision is based on evidence and evaluation process completely. The decision shall not exceed the facts and circumstances described in the indictment and prosecution of any corrections. The Court may base its decision only on submitted and discussed in the trial evidence. 3. The judges shall seek consensus, but if that fails, a decision shall be taken by a majority of the judges. 4. The Court of Auditors debate is secret. 5. the decision is written and contain a full and reasoned statement of the findings of the Court of Auditors on the evidence and conclusions. The Court of Auditors adopted one decision. If there is no consensus, the decision of the Court of Justice comprises the majority and minority views. Decision or its abstract is announced in open court. 75. Article 1 of the victims Compensation Tribunal lays down the principles relating to compensation for victims, including restitution, compensation and rehabilitation. On this basis, the Court in its decision, either on request or, in exceptional cases, on its own initiative, any loss, damage or injury and the extent of the scale suffered by the victims and notify their principles of operation. 2. the Court may order a person convicted of directly against, determining the appropriate remuneration for the victims, including restitution, compensation and rehabilitation. When possible, the Court may order that payment be made to the remuneration provided for in article 79 of the Trust Fund. 3. before issuing an order under this rule the Court may invite a convicted person, victims and other interested parties or countries and take into account the objections which they submitted or filed on their behalf. 4. In exercising its powers under this article, the Court shall, upon conviction of a person for a crime under the jurisdiction of the Court, may determine whether to comply with the orders that may be issued in accordance with this article, it is necessary to apply article 93 laid down in paragraph 1. 5. a Member State in accordance with this article the executive decisions, as the provisions of article 109 would apply to this article. 6. Nothing in this article shall be construed so that the victim's rights under national or international law is limited. 76. Article 1 of the imposition of Penalties in the event of conviction, the Court shall decide on the appropriate punishment and respect the judicial process and the evidence submitted by the information relating to penalties. 2. except where article 65 applies and before the end of the trial, the Court may, on its own initiative or upon the Prosecutor to proceed or continue the hearing of the accused's request to get more information or evidence relating to penalties, in accordance with the procedures and rules of evidence. 3. where paragraph 2 applies, any notification under article 75 shall be heard during the further hearing laid down in paragraph 2 and, where necessary, in addition to hearing any time. 4. the sentence shall be given transparent and, if possible, in the presence of the accused.
7. section. Penalties article 77 applicable penalties 1. subject to article 110, the Court can order the one of the following penalties for a person convicted of this The statutes referred to in article 5: (a) the crime of imprisonment for a specified number of years not exceeding 30 years; or (b) a life sentence, if it is justified, given the particular gravity of the crime and the individual characteristics of the convicted person. 2. in addition to the imprisonment of the Court may issue an order: (a) a fine under the criteria laid down in the rules of procedure and evidence; (b) income, property and assets derived directly or indirectly from that crime, seizure, without prejudice to third party's bona fide rights. Article 78 determination of punishment 1. in determining the sentence, the Court in accordance with the procedures and rules of evidence take into account such factors as the gravity of the crime and the individual characteristics of the convicted person. 2. The custodial sentence, the Court shall deduct the time spent, if any, pre-trial detainees in accordance with the court order. The Court may deduct any time otherwise spent in detention in connection with the offence committed is a crime. 3. If a person is convicted of multiple offenses, court declares the punishment for each crime and a joint sentence that defines the total prison time. This time is not less than the maximum of the punishment delivered and not more than 30 years in prison or life imprisonment according to article 77 (b). Article 79 Trust Fund 1. Trust Fund established by the decision of the Assembly of States within the jurisdiction of the Court in the crime and their families. 2. The Court may issue an order to transfer the money in the trust funds and other property acquired by collecting a fine or confiscation. 3. the Trust Fund is managed in accordance with the criteria determined by the Assembly of States parties. 80. Article State the appropriate penalty, and national legislation affecting nothing in this part of the Statute does not prevent the States to apply the penalties laid down in their national legislation, nor the national legislation, which provide for penalties, as set out in this part.
8. section. Appeal and revision article 81 or Supporting a criminal conviction or sentence of the decision of the appeal 1. According to article 74 of the decision may be appealed in accordance with the rules of procedure and evidence as follows: (a) the Prosecutor may lodge an appeal on the basis of any of the following reasons: (i) procedural error, (ii) error of fact, or (iii) error of law; (b) the convicted person or the Prosecutor, that person may lodge an appeal on the basis of any of the following reasons: (i) procedural error, (ii) error of fact, (iii) error of law, or (iv) any other reason affecting the fairness of the process or decision or credibility. 2. (a) the penalty may be appealed in accordance with the rules of procedure and evidence of the Prosecutor or the convicted person on the basis of the crime and the penalty imbalance; (b) If, in considering the appeal of the punishment, the Court considers that there are grounds on which the conviction might be canceled in whole or in part, it may invite the Prosecutor and the convicted person to express the reasons in accordance with article 81 (1) (a) or (b) the point and can make a decision on conviction in accordance with article 83; (c) the same procedure applies when the Court, on appeal the conviction only, considers that there are grounds to reduce the sentence under paragraph 2 (a). 3. (a) unless the Court provides otherwise, the sentenced person to the appeal hearing remains in detention; (b) if the convicted person in custody exceeds the sentence of time spent custodial penalty time, then the person is released, except when the Prosecutor also filed an appeal, the release may be subject to the below provisions of subparagraph (c); (c) in the case of acquittal the accused is immediately released, subject to the following: (i) in exceptional cases, and by assessing, inter alia, the specific risk of flight, the seriousness of the accusation and appeal any possible success, the Court, at the request of the Prosecutor, may on the hearing of the appeal to maintain the detention of the person, (ii) based on (c) (i) above, the Court's decision may be appealed in accordance with the procedures and rules of evidence. 4. subject to (a) and 3 (b), of the decision or the execution of the sentence suspended for the time allowed for appeal and for the appeal process. Article 82 appeal other decisions 1. Both parties can appeal to any of the following decisions in accordance with the procedures and rules of evidence: (a) a decision with respect to jurisdiction or jurisdiction; (b) the decision or reject the person's release, which led to the investigation or prosecution; (c) the pre-trial Chamber's decision to act on its own initiative under article 56, paragraph 3; (d) decision, which relates to a matter that could significantly affect the fair and expeditious conduct of the proceedings or the outcome of the trial, and for which, at the pre-trial or trial Chamber, an immediate appeal of the decision of the Court can play an important role in the process. 2. The State concerned or the Prosecutor to the pre-trial Chamber for authorization to appeal in accordance with article 57 (3) (d) the pre-trial Chamber adopted a point of decision. The appeal was under consideration as a matter of urgency. 3. the Appeal is not suspensive effect unless the Appeals Court provides, on request, in accordance with the procedures and rules of evidence. 4. the legal representative of the victims, the convicted person or a bona fide owner of property adversely affected by the States in accordance with article 75 of the decision, appeal the decision on compensation as provided for in the rules of procedure and evidence. Article 83 the appeal process process 1 purpose under article 81 and this article, the Appeals Chamber shall have all the powers of the Court of Justice. 2. If the Appeals Chamber finds that the proceedings in respect of which an appeal has been lodged, was unfair in such a way that it affected the decision or sentence, or that the reliability of the decision or sentence, for which an appeal has been lodged, with significant error in fact or error in the application of the law or procedural error, it may: (a) reverse or amend the decision or sentence; or (b) to designate the new proceedings in another court. For these purposes, the Court of appeal may send back to the actual issue to the original trial Chamber for it to decide the matter and report back accordingly, or may itself require the evidence to decide the issue. If the decision or lodge only punishment the sentenced person or the Prosecutor in the name, it may not be altered to the detriment to him or her. 3. If the examination of the appeal on the sentence, the Court of appeal, found that the punishment is disproportionate to the crime, it may change the penalty in accordance with section 7. 4. the judgment of the Court of Appeal is accepted by a majority of the judges and delivered in open court. The judgment is set out the reasons on which it is based. If there is no unanimity, the judgement of the Court of appeal comprises the majority and minority views, but the judge may deliver a separate or different views of the rights issue. 5. the Appeals Chamber may declare its judgment to justify or convicted person's absence. Article 84 criminal conviction or sentence of the decision of the review 1. The sentenced person or, after his death, his spouse, children, parents or the accused at the time of death of the life the person is accused in writing instructions for making such a claim, or the Prosecutor, that person may apply to the Appeals Chamber to revise the final judgement of conviction or sentence on the grounds that: (a) new evidence has been detected that: (i) was not available at the time of the trial, and such unavailability was not wholly or partially attributable to the party making the claim; and (ii) is sufficiently important that, if they were proven in the courts, it would probably have ended with a different verdict; (b) has recently been discovered that decisive evidence, taken into account in the proceedings and of which the conviction depends, was false, forged or falsified; (c) one or more of the judges who participated in conviction or indictment, have committed a serious infringement in this case or a serious breach of his duties, which is sufficiently important to justify this judge or the dismissal of the judges, in accordance with article 46. 2. the Appeals Chamber shall reject the application if it considers it to be unfounded. If it determines that the application is worth consideration, it may be appropriate: (a) to convene again in the original court; (b) create a new Court of Auditors; or (c) retain jurisdiction over the matter, with the aim, after hearing the parties in the order laid down in the rules of procedure and evidence, to decide whether the verdict is transparent. Article 85 compensation to arrest or convicted person 1. Everyone who has suffered unlawful arrest or detention have the right to compensation of the feasible. 2. If a person is convicted by a final decision on the criminal and his later conviction (s) being reviewed, on the basis that a new or newly discovered fact shows conclusively that there is an error, the Court permitted a person following conviction has suffered punishment in accordance with law, refunds, unless it is proven that the timely disclosure of the unknown fact is wholly or partly attributable to that person. 3. in exceptional cases, if the Court finds conclusive facts that prove that you have made a serious and strong judicial error, it may at its discretion award compensation, taking into account the procedures and rules of evidence criteria, the person is released from prison after the decision or final decision of acquittal on the termination of the proceedings for that reason.
9. section. International cooperation and JUDICIAL assistance article 86 general obligation to cooperate, in accordance with the provisions of these statutes, the Member States shall cooperate fully with the Court when the investigation and prosecution of the crime under the jurisdiction of the Court. Article 87 requests for cooperation: General provisions 1. (a) the Court has the right to ask the Member States to cooperate. The request is sent through diplomatic channels or through any other suitable way can mean any Member State of the deposit of instruments of ratification, acceptance, approval or accession. Later changes to the appointment in each Member State in accordance with the procedures and rules of evidence. (b) when appropriate, without prejudice to the provisions of subparagraph (a), requests may be sent through the international criminal police organization or any appropriate regional organization. 2. Requests for cooperation and any documents supporting the request shall either be drawn up or translation of the requested State in the official language or one of the working languages of the Court, in accordance with the choice made by that State of the deposit of instruments of ratification, acceptance, approval or accession. Later changes to this choice shall be made in accordance with the procedures and rules of evidence. 3. the requested State shall keep confidential a request for cooperation and any documents attached to the request, except to the extent disclosure is necessary for execution of the request. 4. In respect of any request under this part, the Court may take such measures, including measures relating to the protection of the information that may be necessary to ensure that any victims, potential witnesses and their families to safety or physical or psychological well-being. The Court may request that any part of the available information has been provided and discussed in a way that is protected any victim, potential witnesses and their families security and physical or psychological well-being. 5. (a) the Court may invite any State not party to this Statute to provide assistance under this part on the basis of an ad hoc arrangement, an agreement with that country, or to any other appropriate reasons. (b) If a State not party to this Statute, which has entered into an ad hoc arrangement or an agreement with the Court, does not cooperate pursuant to any such agreement or contract, the Court may so inform the Assembly of States parties or, where the Security Council submitted the case to the Court, the Security Council. 6. The Court may ask any intergovernmental organization to provide information or documents. The Court may also ask for other forms of cooperation and assistance which may be agreed with the following organisations and which are in accordance with its competence or mandate. 7. If a Member State does not comply with the Court's request for cooperation, contrary to the provisions of these statutes, thus preventing the Court from the execution of functions and powers under this Statute, the Court may take a decision to this effect and refer the matter to the Assembly of States parties or, where the Security Council submitted the case to the Court, the Security Council. Article 88 Procedure, the existence in national legislation of the Member States shall ensure that their national legislation covers all forms of cooperation procedures provided for in this section. Article 89 surrender of persons to the Court, the Court may send 1 request for arrest and surrender of persons, together with materials that justify the request, which the content described in article 91, in any country in the territory of which that person would be in this State and ask this person's arrest for collaboration and transfers. Member States shall, in accordance with the provisions of this title and the national procedure provided for by the legislation, execution of requests for arrest and surrender. 2. If the person sought for surrender to the Court in national protest, on the basis of ne bis in idem principle, as laid down in article 20, the requested State shall immediately consult with the Court to determine whether there has been a decision on the jurisdiction. If the case is under the jurisdiction of the requested State the execution of the request. If the jurisdiction decision is still pending, the requested State may postpone the request for surrender of the execution until the Court takes a decision with respect to jurisdiction. 3. (a) the Member State shall, in accordance with its national procedural law, allows to transport through its territory of a person surrendered to the Court by another State, except where transit through that country, hinder or delay the transfer. (b) the Court requests for transit is sent in accordance with article 87. A request for transit contains: (i) a description of the person being transported; (ii) a brief statement of the facts of the case and their legal characterization; and (iii) the arrest and surrender warrant; (c) transported during the transit of a person remain in detention; (d) the permit is not required if the person is transported by air and no landing intended transit territory; (e) If an unscheduled landing in the territory of the country of transit, the State may require the request for transit from the Court as provided for in subparagraph (b). Transit keeps custody of the person to be transported until the request for transit is received and the transit is effected, provided that detention for purposes of this subparagraph may not exceed 96 hours from the unscheduled landing unless the request is received during that time. 4. If the person sought has brought, or at the request of the beneficiary State sentence for other crimes than that for which surrender to the Court is requested, the requested State, after it decides to meet a request, consult with the Court. Article 90 competing requests 1. a Member State which receives a request from the Court for the surrender of the person under article 89, if it receives a request from another State for the extradition of the same person for the same offence, the crime for which the Court seeks the person's surrender, notify the Court and the plaintiff State of that fact. 2. If the applicant is a national of a Member State, the requested State considers the request of the Court, if: (a) the Court of Justice, pursuant to article 18 and 19, has decided that the thing to which the transfer is requested, have jurisdiction, and this decision takes into account the investigation or prosecution by the applicant country as regards its request for extradition; or (b) the Court (a) in accordance with the procedure provided for in the requested State notification referred to in paragraph 1. 3. If the decision is in accordance with paragraph 2 (a) is adopted, the requested State may, at its discretion, pending the judicial decision in accordance with paragraph 2 (b), start the request of the requesting State for the performance issue, but did not issue the person until the Court has determined that the case is not jurisdiction. The Court's decision as a matter of urgency. 4. If the applicant is not a National of a Member State, this Statute the requested State, if international commitments oblige the person issued the applicant country, considered a priority for the Court the request for surrender, if the Court has determined that the case is competent to judge. 5. If the court cases referred to in paragraph 4 is not determined on the jurisdiction of the requested State may, at its discretion, the applicant's request the start of extradition. 6. In cases where paragraph 4 applies except that the requested State if the international obligation to extradite the person obliges the applicant to State which is not a Member State of these statutes, the requested State shall determine whether to transfer the person to the Court or to extradite the person to the requesting country. In making its decision, the requested State will take into account all relevant factors, including, but not limited to: (a) the respective dates of the requests; (b) the applicant's national interests, including, where relevant, whether the offence was committed in its territory and the victim and the person's citizenship required; and (c) the subsequent transfer between the Court and the applicant country. 7. If the Member State which receives a request from the Court for the surrender of persons, receives a request from any State for the extradition of the same person for another offence than that which constitutes the crime for which the Court seeks the person's surrender: (a) the requested State if international commitments oblige the person issued the applicant country, considered a priority for the Court the request for extradition; (b) the requested State if the international obligation to extradite the person obliges the applicant to state whether the person to the Court or refer the issue to the person of the applicant country. In making its decision, the requested State will take into account all relevant factors, including, but not limited to, those set forth in paragraph 6, but especially considering the nature and severity of the offence. 8. If, according to the notification provided for in this article, the Court has determined that the case is not competent to judge, and later issued the applicant country is refused, the requested State shall notify the Court of this decision. Article 91 request for arrest and transfer content 1. a request for arrest and surrender is announced in writing. In urgent cases, a request may be made by any medium capable of delivering a written message, provided that the request for approval through the channels that intended for article 87 (1) (a). 2. a request for the person to whom the arrest warrant issued by the pre-trial Chamber under article 58, the arrest and transfer of a request or in case it is based on: (a) a person required descriptive information that is sufficient to identify the person, and information about the person's probable location; (b) a copy of the arrest warrant; and (c) such documents, statements or information that may be necessary to the requested State comply with the requirements of the transfer process, except that these requirements may not be more burdensome than those applicable to requests for extradition pursuant to treaties or arrangements between the requested State and other States and, if possible, be less burdensome, taking into account the specific nature of the Court. 3. At the request of the person who has already been convicted, the arrest and transfer of the case, the request or it is based on: (a) any such persons a copy of the arrest warrant; (b) a copy of the judgment of conviction; (c) information establishing that the person sought is the same as that referred to in the judgment of conviction; and (d) if the person sought is a set punishment, punishment on the copy, and a custodial sentence in the event of notice of any time already served and time still to be served. 4. in accordance with the request of the Court of Justice of the Member State consulted whether General or for a specific question, regarding any requirements under its national law that may apply under paragraph 2 (c). During the consultations, the Member State shall notify the Court of the particular national law requirements. Article 92 provisional arrest 1. in urgent cases the Court may request the provisional arrest of the person sought to the request for surrender and the documents supporting the request as specified in article 91, reporting. 2. The request for provisional arrest is expressed by any means that is able to deliver a written message, and contains: (a) a person required descriptive information that is sufficient to identify the person, and information about the person's probable location; (b) a brief report on the crimes for which the person's arrest is sought and of the facts which are considered crimes-including, where possible, crime location and date; (c) notice of the arrest warrant or conviction of the person required the existence of a judgment; and (d) a statement that a request for surrender of the person sought will follow. 3. The Person who is in temporary custody, may be released from custody if the requested State does not receive the request for surrender and the documents supporting the request as specified in article 91 within the time period set in the rules of procedure and evidence. However, you can agree to put the party before that period expires, if warranted by the laws of the requested State. In such a case, the requested State party the transfer of the Court to commence as soon as possible. 4. the fact that the person sought has been released from custody pursuant to paragraph 3 shall not prevent a subsequent arrest and surrender of that person if the request for surrender and the documents supporting the request are delivered at a later date. Article 93 Other forms of cooperation 1. Member States shall, in accordance with the provisions of this title and in accordance with national legislation, the procedures comply with the Court's request, to provide the following assistance in relation to the investigation and prosecution of: (a) the identification of the person and the approximate location, or the location of items; (b) the taking of evidence, including testimony under oath, and the collection of evidence, including court required expert judgement and expertise; (c) the questioning of any person, in connection with the investigation or prosecution; (d) the service of documents, including judicial documents; (e) the person voluntarily into court as witnesses or experts; (f) the temporary transfer of persons as provided for in paragraph 7; (g) the location and proximity to the research, including the ekshumācij and the grave site; (h) search and seizure; (i) the provision of records and documents, including official records and documents; (j) protection of victims and witnesses and the preservation of evidence; (k) income, property and assets and means of crime investigation, tracing and freezing or seizure for the purposes of the possible seizure, without prejudice to third parties ' bona fide rights; and (l) any other form of assistance not prohibited by the laws of the requested State, with a view to promote investigation and prosecution under the jurisdiction of the Court for the crimes. 2. the Court is entitled to guarantee to the witness or expert to the Court that the Court does not make the arrest or prosecution, not simply any individual freedom restrictions in respect of any act or omission that occurred before the person leaves the requested country. 3. If an individual assistance measures set out in accordance with paragraph 1, the request submitted by the enforcement in the requested State shall prohibit any generally applicable principles of law, the requested State shall immediately consult with the Court to try to resolve this issue. The consultation shall consider whether the assistance can be provided in a different manner or subject to conditions. If, after such consultation, the matter cannot be resolved, the Court good request as needed. 4. in accordance with article 72, a Member State may partially or totally reject the request for assistance only if the request refers to any document or evidence the discovery issue affecting national security. 5. prior to the request for assistance under paragraph 1 (l) rejection of the requested State shall consider whether assistance can provide to specific conditions or assistance can be provided at a later date or other form, provided that, if the Court or the Prosecutor accepts the assistance subject to conditions, the Court or the Prosecutor shall comply with it. 6. If a request for assistance is denied, the requested State shall promptly inform the Court or the Prosecutor of the reasons for the rejection. 7. (a) the Court may request the provisional arrest of the person in the movement for purposes of identification or for obtaining testimony or other assistance. You can move a person, if the following conditions are met: (i) the person voluntarily gives its consent to the transfer; (ii) the requested State agrees to the transfer, the conditions for which this State and the Court may agree. (b) the person you want to remain in detention. When the move is completed, the target Court without delay return the person to the requested State. 8. (a) the Court shall ensure the confidentiality of documents and information, except as required in the request for the investigation and the prosecution described; (b) the requested State may, if necessary, to cast a confidential documents or information to the Prosecutor. The Prosecutor may then use them only new evidence; (c) the requested State may, on its own initiative or at the request of the Prosecutor, accept such a document later and disclosure of information. Then they can be used as evidence pursuant to sections 5 and 6 of the regulations and in accordance with the procedures and rules of evidence. 9. (a) (i) in the case where a Member State receives competing requests, other than transfer or extradition, from the Court and from another State pursuant to international commitments, the Member State shall endeavour, in consultation with the Court and the other State, to meet both requests, if necessary by postponing or putting conditions to one or the other request. (ii) If this fails, the competing requests resolved in accordance with article 90 of certain principles. (b) However, where the request concerns information, property or persons who are subject to a third country or international organisation control based on international agreement, the requested State shall so inform the Court, and the Court directs its request that the third country or international organisation. 10. (a) the Court may, on request, to receive and to provide assistance to the Member State conducting the investigation or proceedings for the offence constituting crimes under the jurisdiction of the Court or which constitutes a serious crime under the authority of the requested State national law. (b) (i) the assistance provided for in subparagraph (a), inter alia, include: a. notice, document or other evidence obtained during the investigation or court proceedings, the transfer; and (b) any person who, in accordance with the court order on remand for questioning; (ii) provision of assistance in accordance with (b) (i) in the case of subparagraph (a).: a. If the documents or other types of evidence have been obtained with government assistance, such a transfer requires the consent of that State; b. If statement, document or other evidence provided by the witness or expert, such transmission shall take place in accordance with the provisions of article 68. (c) in accordance with the conditions laid down in this paragraph, the Court may grant a request for assistance under this paragraph from a State which is not party to the Statute. Article 94 postponement of execution of a request in connection with an ongoing investigation or prosecution 1. If the immediate execution of interfere with an ongoing investigation or prosecution in another case, than that covered by the request, the requested State may postpone the request performance for the period agreed upon with the Court. However, procrastination is no longer as necessary to complete the relevant investigation or prosecution in the requested State. Before the adoption of the decision on suspension, the requested State shall consider whether assistance may be immediately provided. 2. If the decision on suspension is adopted in accordance with paragraph 1, the Prosecutor may, however, seek measures to preserve evidence under article 93 (1) (j) point. Article 95 postponement of execution of Requests due to the protests of jurisdiction in accordance with article 18 or 19 are pending in the Court of the protest on jurisdiction, the requested State may postpone the execution of a request under this part to the Court shall determine the jurisdiction, unless the Tribunal is specifically determined that the Prosecutor may pursue the collection of evidence as provided for in article 18 or 19. 96. Article request for other forms of assistance in accordance with article 93 content 1. Request for other forms of assistance in accordance with article 93 is expressed in writing. In urgent cases, a request may be made by any medium capable of delivering a written message, provided that the request for approval through the channels provided for in article 87 paragraph 1 (a). 2. the request, depending on the content of the application, or justify it with: (a) at the request of the target and soon requested the help message, including the legal basis of the request and the reasons; (b) more detailed information as possible about any person or place that must be found or identified, to provide the required assistance, location or identification; (c) a brief statement of the relevant facts on which the request is based; (d) any process or requirement to be followed, the reasons for and the details; (e) any information that may be required in accordance with the laws of the requested State, to fulfill your requests; and (f) any other relevant information, to provide the required assistance. 3. at the request of the Court, the Member State shall consult with the Court, or in general or in relation to the particular question of any requirements under its national law that may apply under paragraph 2 (e). During the consultations, the Member State shall notify the Court of the particular national law requirements. 4. The provisions of this article, when possible, apply also in relation to the request for assistance to the Court. Article 97 consultations where a Member State receives a request under this section in respect of which it sees problems that may interfere with or delay the execution of the request, then the State shall immediately consult with the Court to resolve the issue. Such problems may include, inter alia: (a) insufficient information to execute the request; (b) in the case of a request for surrender, the fact that, despite all efforts, the person cannot be found or that the investigation has determined that the person is not a deliberate State unambiguously the person referred to in the warrant; or (c) the fact that execution of its current form would require the requested State to terminate the pre-existing treaty obligations it has entered into in relation to another country. Article 98 cooperation with respect to waiver of immunity and consent to surrender 1. can not continue to request for surrender or assistance which would put the requested State to act contrary to its obligations under international law with respect to the third-country national the person or property or diplomatic immunity, unless the Court can first agree with those third countries for cooperation on waiver of immunity. 2. the Court may not continue the request for transfer, to make the requested State to act contrary to its international treaty obligations, pursuant to which the consent of the sending State is required to surrender a person of that State to the Court, unless the Court can first agree on cooperation with the sender State consent to the transfer. 99. Article 93 and 96 of the request referred to in article 1 comply. Requests for assistance will be executed in accordance with the law of the requested State under the arrangements concerned and, unless prohibited under the law, as indicated in the request, including any in the certain order or allow persons specified in the request to be present at and participate in the execution process. 2. in the case of an urgent request, the documents or the response provided evidence at the Court's request, the delivery of urgent. 3. Replies from the requested State are sent to their original language and form. 4. without prejudice to any other article of this title, if necessary, to successfully fulfill your requests that can execute without any coercive measures, including the examination of a person or the taking of evidence on a voluntary basis, including that it is done without the officials of the requested Member State of the presence, if it is important that the request would be met, and a public object, or other public place without those modifications, testing, the Prosecutor may execute such request directly on national territory, the following : (a) if the requested Member State is a State in the territory of which the crime is considered done, and have a certain jurisdiction in accordance with article 18 or 19, the Prosecutor may directly execute such request, taking into account all possible consultations with the requested Member State; (b) in other cases, the Prosecutor may execute such requests, taking into account consultations with the requested Member State and that Member State subject to any reasonable conditions raised by the or concerns. If the requested Member State shall see to the execution of the request to the problem in accordance with this section, it shall consult with the Court without delay in order to resolve this issue. 5. the provisions that permit, in accordance with article 72 of the Court to hear or ask the person questioning restrictions intended to prevent the national defense or security related to the disclosure of the confidential information, also apply to the execution of the request for assistance under this article. Article 100 costs 1. Ordinary costs for execution of requests in the territory of the beneficiary country request to bear country, except the following, which shall be borne by the Court: (a) costs associated with the travel of witnesses and experts and security or arrested persons in accordance with article 93; (b) written and oral translation and transcription costs; (c) the judges, the Prosecutor, the Deputy Prosecutors, the Registrar, the Deputy Registrar and staff of any organ of the Court of the travel and subsistence costs; (d) any court ordered expertise or expertise; (e) the costs related to the transportation of persons to the Court by the deliberate State; and (f) following consultations, any extraordinary costs resulting from the execution of the request. 2. the provisions of paragraph 1, the Member States are appropriate requests to the Court. In this case, the Court shall bear the ordinary costs of execution.

101. Article 1 the provisions of a special court in accordance with these terms of reference may not be the person to expose the procedural actions, to punish or arrest for any act committed prior to surrender, as one of the action or course of action that constitutes a crime for which the person was transferred. 2. The Court may request a State party to the court fee, waive the requirements of paragraph 1 and, if necessary, the Court shall provide additional information in accordance with article 91. Member States may provide for the refusal of the Court and they are trying to do. Article 102 use of terms for the purposes of This Statute: (a) "surrender" means the persons summoned to the Court by the public under these statutes; (b) "extradition" means the carriage of a person from one country to the other in accordance with the Treaty, Convention or national legislation.
10. section. Enforcement article 103 role of States a custodial penalty enforcement 1. (a) the custodial sentence is served, which means the country of a national list that have expressed their willingness to host the Court convicted person. (b) when a country Announces readiness to admit a convicted person, it may determine the conditions for the admission agreement with the Court and in accordance with this part. (c) state that in the case in question is designated, shall promptly inform the Court whether it accepts the appointment to the Court. 2. (a) notify the executing State Court of any circumstances, including any conditions for which it is agreed under paragraph 1, which could materially affect the terms or custodial time. Of any such known or foreseeable circumstances the Court is notified at least 45 days in advance. During this time, the executing State shall not take any action that could affect its obligations laid down in article 110. (b) if the Court cannot accept (a) the circumstances referred to, it shall notify the enforcing State and act in accordance with article 104, paragraph 1. 3. Choice of appointment in accordance with paragraph 1, the Court shall take into account the following: (a) the principle that the Member States should share responsibility for the enforcement of custodial penalties, in accordance with the principle of fair distribution as provided for in the rules of procedure and evidence; (b) generally accepted international treaty standards governing treatment of prisoners; (c) the convicted person; and (d) the nationality of the convicted person; (e) other factors associated with crime or convicted person, or the existing execution conditions, which should be taken into account, was the artist. 4. Where, in accordance with paragraph 1, no State has not designated, a custodial sentence is served by the host prison in accordance with article 3, paragraph 2, of the administration of the provisions of the Treaty. In this case, the custodial penalty enforcement costs are borne by the Court. Article 104 change in designation of the enforcing State 1. The Court may at any time decide to transfer the sentenced person to a prison of another State. 2. a sentenced person may, at any time, apply to the Court with a request to be transferred from the executing State. 105. Article execution 1. Subject to the provisions which may be adopted in accordance with article 103 paragraph 1 (b), the custodial penalty shall be binding on the Member States, which in any case must not be changed. 2. The Court alone shall have the right to decide any application for appeal and revision. Executing State do not interfere with the convicted person to make any such application. Article 106 of the execution and supervision of the conditions of imprisonment 1. Custodial sentence enforcement court supervised and complies with the generally accepted international treaty standards governing treatment of prisoners. 2. the custodial conditions determined by the law of the enforcing State and they comply with generally accepted international treaty standards governing treatment of prisoners; in any case, such circumstances are not more or less favourable than those that apply to prisoners who have been convicted of similar offences in the executing State. 3. Communications between persons sentenced and the Court is smooth and confidential. Article 107 transfer of the Person upon parole By penal 1 person who is not a citizen of the country of the performer, the performer may, in accordance with national law, be transferred to a country to which it is necessary to adopt, or to another country which agrees to accept, taking into account any person desire to be transferred to that State, unless the executing State has not given permission for the person to remain in its territory. 2. If no State bears the costs arising from the transfer of a person to another State in accordance with paragraph 1, shall be borne by the Court. 3. subject to the provisions of article 108, the executing State may, in accordance with its national legislation, also to issue or otherwise transferred to another person in the State which has requested the extradition or surrender of the person to be tried or executed. Article 108 limitation on the prosecution or punishment of other offences 1. a sentenced person in the custody of the enforcing State shall not be subject to prosecution or punishment or to extradition to third State for any offence committed before it is delivered to the contractor in the country, unless the Court by artist State has not consented to the request of the prosecution, punishment or extradition. 2. the Court shall decide the matter after clarification of the convicted person's point of view. 3. paragraph 1 shall not apply if the sentenced person remains voluntarily for more than 30 days in the territory of the country by executing a full sentence, imposed by the Court, or returns to the territory after it gave up. 109. Article fine execution and seizure 1. Member States shall apply the fine or forfeiture imposed by the Court in accordance with section 7, to the detriment of third parties, not bona fide rights and in accordance with the procedures of national law. 2. If a Member State may not apply the order of forfeiture, it shall take measures to recover the proceeds, property or assets ordered by the Court to confiscate, without compromising third-party bona fide rights. 3. Property, or the proceeds from the sale of real property or, if possible, other property sales, which acquired a Court of a Member State, the result is passed to the Court. Article 110 review by the Court of Justice with regard to the reduction of the fine artist 1 State does not exempt the person before the Court handed down the fine. 2. The Court alone shall have the right to decide on punishment reduction and it shall decide the matter after hearing of the person. 3. If the person has served two thirds of the penalty or 25 years to life imprisonment in the case, the Court shall review the sentence to determine its cutting ability. Such review shall not take place before this time. 4. the review in accordance with paragraph 3, the Court may reduce the sentence if it finds that one or more of the following factors: (a) the early and continuing willingness of the person to cooperate with judicial investigations and prosecutions; (b) the voluntary assistance of the person providing the judgment of the Court of Justice and the execution of orders in other cases, and in particular the provision of assistance, presentation of the assets necessary for the order of fine, forfeiture or reparation, which can be used for the benefit of victims; or (c) other factors that point to a clear and significant change of circumstances sufficient to justify the reduction of penalties as provided for in the rules of procedure and evidence. 5. If the Court, in its initial review under paragraph 3 provides that the reduction of punishment is not applicable, it shall review the question of reduction of sentence at such time periods, and applying the criteria laid down in the rules of procedure and evidence. Article 111 escape If the sentenced person has escaped from custody and leave the artist, country, then that country can, after consultation with the Court to ask the people from the country in which the person is located pursuant to existing bilateral or multilateral arrangements, or you can ask the Court to require the surrender of the person under section 9. It may specify that the person be delivered to the country where it suffered the punishment, or to another country, which means the Court.
11. section. The Assembly of States parties article 112 Assembly of States parties 1. this Statute is hereby established in the Member States of the Assembly. Each Member shall be represented in the Assembly by one representative who may be accompanied by alternates and advisers. Countries that have signed the statute or the final act may be observers in the Assembly. 2. The Assembly shall: (a) consider and adopt, if necessary, recommendations of the Preparatory Commission; (b) provide management oversight to the Presidency, the Prosecutor and the Registrar regarding the administration of the Court; (c) examine, in accordance with paragraph 3 of the report of the Bureau and created activities and take appropriate action; (d) consider and decide on the budget of the Court; (e) decide whether to change the number of judges in accordance with article 36; (f) consider pursuant to article 87 of the 5 and 7 points in any question relating to non-cooperation; (g) perform other functions that correspond to these terms of reference or the rules of procedure and evidence. 3. (a) the Assembly shall have a Bureau consisting of the President, two Vice-Presidents are elected by the 18 members of the Assembly for a term of three years. (b) the Office is representative of the institution, in particular taking into account equitable geographical distribution and the main legal systems of the world. (c) the Bureau shall meet as often as necessary, but at least once a year. It helps the performance of its duties in the Assembly. 4. the Assembly may establish such additional institutions, what is necessary, including an independent judicial investigation of inspection, evaluation and monitoring mechanisms to enhance its effectiveness and efficiency. 5. the President of the Court, the Prosecutor and the Registrar or their representatives may participate, if necessary, the Assembly and the meetings of the Bureau. 6. the Assembly shall meet at the location of the Court or the United Nations Headquarters once a year and, when circumstances so require, take place in emergency session. If other is not specified in these statutes, the agenda of the extraordinary session shall be convened by the Bureau on its own initiative or at the request of one-third of the Member States. 7. Each Member State shall have one vote. Every effort is made to the decision of the Assembly and the Office would be adopted unanimously. If a decision cannot be accepted unanimously, unless otherwise specified in the statutes: (a) decisions on matters of content shall be adopted by a two-thirds majority present and voting, provided that an absolute majority of the Member States shall constitute a quorum for the vote; (b) decisions on procedural matters shall be taken by a simple Member States present and voting. 8. a Member State which has a financial contribution arrears court costs do not have voting rights in the Assembly, and in the Office, if they show size is equal to or exceeds the amount of the contributions due from it for the preceding two full years. However, the Assembly may allow such Member States to vote in the Assembly and in the Bureau if it is satisfied that the payment not reasons are outside the control of the Member State. 9. the Assembly shall adopt its own rules of procedure. 10. the Assembly's official and working languages of the United Nations General Assembly.
12. section. Financing article 113 financial regulations unless specifically otherwise indicated, all financial matters related to the Assembly of States parties, including its Bureau and additional institutions, meetings, and the Court shall be governed by these statutes and the financial regulations and rules adopted by the Assembly of States parties. Article 114 the court costs and of the Assembly of States parties, including its Bureau and additional expenses shall be borne by the institution of the Court. 115 the Court and the Assembly of States parties and of the Court of the Member States of the Fund Assembly, including its Bureau and the extra expenditure of the institutions, as provided for in the budget, adopted by the Assembly of the Member States shall ensure that the following sources: (a) a specific contribution from the Member States; (b) approved by the General Assembly of the United Nations funds, particularly as regards the expenditure incurred by the application of the Security Council. Article 116 voluntary contributions without prejudice to article 115, the Court may receive and use as additional funds, voluntary Governments, international organizations, individuals, corporations and other individual contributions, in accordance with criteria approved by the Assembly of States parties. Article 117 the determination of contributions contributions from Member States shall be determined in accordance with the approved scale of detection based on scale, one approved by the United Nations regular budget, and applied in accordance with the principles on which that scale is based. Article 118 annual audit court documents, books and invoices, including its annual financial report every year to check the independent auditor.
13. section. Final clauses article 119 settlement of disputes (1) any dispute related to the judicial functions of the Court, be settled by the decision of the Court. 2. Any dispute between two or more parties concerning the interpretation or application of this Statute which is not settled through negotiations within three months of their start, submit to the Assembly of States parties. The Assembly may itself seek to settle the dispute or recommend further dispute resolution types, including submission to the International Court of Justice in accordance with the Statute of the Court of Justice. Article 120 reservations regarding these statutes no reservations. 121. Article amended 1. After expiry of seven years from the entry into force of the Statute, any Member may propose to amend them. The text of any proposed amendment shall be submitted to the Secretary-General of the United Nations, who shall promptly circulate it to all Member States. 2. No sooner than three months from the date of notification, the Assembly of States parties at its next meeting with a majority present and voting, decide whether to accept the proposal. The Assembly may deal with the proposal directly or convene a review conference if the issue involved so justifies. 3. the adoption of an amendment at a meeting of the Assembly of States parties or Review Conference at which the decision cannot be adopted unanimously, requires a two-thirds majority of the Member States. 4. Except as provided for in paragraph 5, an amendment shall enter into force for all Member States one year after seven eighth of them have submitted their instruments of ratification or acceptance with the Secretary-General of the United Nations. 5. any amendment of these statutes. 5, 6, 7 and 8 shall enter into force for those Member States that have accepted the amendment one year after instruments of ratification or acceptance of the instrument. With regard to the Member State which has not adopted the amendment, the Court shall not exercise its jurisdiction with regard to crimes provided for in the amendments if it committed a nationals or done in its territory. 6. If the amendment under point 4 have adopted seven of the Member States, for instance, any Member State which has not adopted the amendment may withdraw from the statute then immediately upon entry into force, in spite of article 127 (1) of the regulation, but subject to article 127, paragraph 2 stated on it no later than one year after this amendment comes into force. 7. The Secretary-General of the United Nations be circulated to all Member States of the Assembly of States parties of any meeting or the Review Conference adopted the amendment. Article 122 amendments to provisions of an institutional nature 1. Amendments to the rules of the Statute, which is distinctly of an institutional nature, namely, article 35, article 36, paragraphs 8 and 9, article 37, article 38, article 39 1 (first two sentences), 2 and 4, article 42, paragraph 4-point 9, article 43, paragraph 2 and 3 and 44, 46, 47 and 49, may propose at any time any Member State Despite paragraph 1 of article 121. Any amendment proposed in the text submitted to the Secretary-General of the United Nations or other person designated by the Assembly of States parties who shall promptly circulate it to all Member States and others participating in the Assembly. 2. Amendments under this article on which can not agree unanimously, adopt the Assembly of States parties or a review Conference, by a two-thirds majority of the Member States. Such amendments shall enter into force in all the Member States, six months after their adoption in the Assembly or, as the case may be, the Conference. 123. review of the Statute of the article 1. Seven years after the entry into force of this Statute the Secretary-General of the United Nations shall convene a review conference to consider any amendments to these statutes. The review may include, but are not limited to, the crimes contained in article 5. Conference open to the members of the Assembly of States parties and on the same terms. 2. then, at any time at the request of a Member State and referred to in paragraph 1, the Secretary-General of the United Nations with the consent of the majority of the Member States, shall convene a review Conference. 3. Article 121-7. the provisions of paragraph 1 apply to any amendment of these terms of reference, which addressed the Review Conference the adoption and entry into force. Article 124 transitional provisions notwithstanding article 12, paragraph 1 and 2, the State, becoming a party to this Statute, may declare that, seven years after the entry into force of the Statute in that country it does not recognise the jurisdiction of the Court with respect to a crime referred to in article 8 of the category, if it is considered that crimes have been committed by its nationals or in its territory, it. The Declaration referred to in this article may be withdrawn at any time. The provisions of this article are dealt with in the Review Conference, which convened in accordance with paragraph 1 of article 123. Article 125 signature, ratification, acceptance, approval or accession 1. These statutes are open to all States for signature on 17 July 1998, the United Nations food and Agriculture Organisation Headquarters in Rome. Then they remain open for signing, the Italian Foreign Ministry in Rome until 17 October 1998. After that date, the Statute is open for signature at United Nations Headquarters in New York until 31 December 2000. 2. The signatories of this Statute shall be subject to ratification, acceptance or approval. The instrument of ratification, acceptance or approval shall be submitted to the Secretary-General of the United Nations. 3. These terms of reference can be added to all countries. Instruments of accession shall be submitted to the Secretary-General of the United Nations. Article 126 entry into force 1. These terms of reference shall enter into force on the first day of the month after the 60th day following the 60th instrument of ratification, acceptance, approval or accession was lodged with the Secretary-General of the United Nations. 2. for each State which ratifies, accepts, approves or accedes to the Statute after the 60th instrument of ratification, acceptance, approval or accession, the Statute shall enter into force on the first day of the month after the 60th day following the following national instruments of ratification, acceptance, approval or accession. Article 127 withdrawal 1. a Member State may withdraw from these statutes, by written notification to the Secretary-General of the United Nations. Withdrawal shall take effect one year after receipt of the notification, unless the notification specifies a later time. 2. Withdrawal shall not exempt the country from obligations arising from these terms of reference, while it was a party to the Statute, including any financial obligations which may have accrued. Its withdrawal shall not affect the cooperation with the Court in criminal investigations and judicial proceedings in relation to which the State is obliged to cooperate and who had begun before the date on which the withdrawal takes effect, nor does it interfere with the continuing a subject which was dealt with in the Court before the date on which the withdrawal takes effect. Article 128 authentic texts the original of This statute, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be submitted to the Secretary-General of the United Nations, who shall send certified copies thereof to all States. In witness whereof, the undersigned, your Government duly authorised, have signed this Statute. Drawn up in Rome on 17 July 1998.