An International Criminal Court ("the Court") shall be established as a permanent institution, which may exercise its jurisdiction over persons for the most serious crimes having an international scope within the meaning of this Statute. It is complementary to national criminal courts. Its competence and operation shall be governed by the provisions of this Statute.

The Court shall be bound to the United Nations by an agreement to be approved by the Assembly of States Parties to this Statute and concluded by the President of the Court on behalf of the Court.

1. The Court shall have its seat in The Hague, the Netherlands ("the host State").

2. The Court and the Host State shall agree to a Headquarters Agreement which shall be approved by the Assembly of States Parties and concluded by the President of the Court on behalf of the Court.

3. If it considers it desirable, the Court may sit elsewhere in accordance with the provisions of this Statute.

1. The Court shall have international legal personality. It also has the legal capacity to carry out its functions and carry out its mission.

(2) The Court may exercise its functions and powers, as provided for in this Statute, in the territory of any State Party and, by a convention to that effect, in the territory of any other State.

1. The jurisdiction of the Court is limited to the most serious crimes affecting the entire international community. In accordance with this Statute, the Court has jurisdiction over the following crimes:

(a)

Genocide crime;

(b)

Crimes against humanity;

(c)

War crimes;

(d)

The crime of aggression.

2. The Court will exercise jurisdiction over the crime of aggression when a provision has been adopted in accordance with s. 121 and 123, which will define this crime and set the conditions for the exercise of the Court's jurisdiction in respect of that crime. This provision should be consistent with the relevant provisions of the Charter of the United Nations.

For the purposes of this Statute, a crime of genocide means any of the following acts committed with the intention of destroying, in whole or in part, a national, ethnic, racial or religious group, such as:

(a)

Murder of group members;

(b)

Serious impairment of the physical or mental integrity of group members;

(c)

Intentional submission of the group to conditions of existence for total or partial physical destruction;

(d)

Measures to prevent births within the group;

(e)

Forced transfer of children from the group to another group.

(1) For the purposes of this Statute, a crime against humanity shall mean any of the following acts when committed in the context of a widespread or systematic attack against any civilian population and knowledge of the attack:

(a)

Murder;

(b)

Extermination;

(c)

Enslavement;

(d)

Deportation or forced population transfer;

(e)

Imprisonment or other serious deprivation of physical liberty in violation of the basic provisions of international law;

(f)

Torture;

(g)

Rape, sexual slavery, forced prostitution, forced pregnancy, forced sterilization or any other form of sexual violence of comparable gravity;

(h)

Persecution of any identifiable group or community on political, racial, national, ethnic, cultural, religious or sexist grounds within the meaning of s. 3, or in accordance with other criteria universally recognized as inadmissible under international law, in relation to any act referred to in this paragraph or any crime within the jurisdiction of the Court;

(i)

Enforced disappearances of persons;

(j)

Crime of apartheid;

(k)

Other inhuman acts of a similar character intentionally causing great suffering or serious injury to physical or physical or mental health.

2. For the purposes of s. 1:

(a)

"Attack launched against a civilian population" means the conduct which consists of the multiple commission of acts referred to in subs. 1 against any civilian population, in application or in the pursuit of the policy of a State or an organization whose purpose is such an attack;

(b)

"Extermination" means, inter alia, the intentional imposition of conditions of life, such as deprivation of access to food and medicines, calculated to result in the destruction of part of the population;

(c)

"Enslavement" means the exercise of any or all of the powers of ownership of a person, including in the context of trafficking in human beings, in particular women and children;

(d)

"Deportation or Forced Transfer of Population" means the displacement of the force of persons, by expulsion or other coercive means, from the region in which they are lawfully present, without any valid reasons in international law;

(e)

"Torture" means the intentional infliction of acute, physical or mental pain or suffering to a person who is in or under his or her control; the meaning of this term does not extend to pain or suffering Suffering as a result of only legal sanctions, inherent in or caused by sanctions;

(f)

"Forced pregnancy" means the unlawful detention of a pregnant woman with the intention of altering the ethnic composition of a population or committing other serious violations of international law. This definition cannot in any way be interpreted as having an impact on national laws relating to pregnancy;

(g)

"Persecution" means the intentional and serious denial of fundamental rights in violation of international law, for reasons relating to the identity of the group or community that objects to it;

(h)

"Apartheid crime" means inhuman acts similar to those of s. 1, committed in the context of an institutionalized system of systematic oppression and domination of a racial group on any other racial group or racial group and with the intention of maintaining this regime;

(i)

"Enforced disappearances of persons" means cases where persons are arrested, detained or abducted by a State or a political organisation or with the authorization, support or acquiescence of that State or organization, which refuses Second, to admit that such persons are deprived of their liberty or reveal their fate or whereabouts, with the intention of removing them from the protection of the law for an extended period of time.

3. For the purposes of this Statute, the term "sex" means both sexes, both male and female, in the context of society. It does not imply any other meaning.

1. The Court has jurisdiction over war crimes, in particular where such crimes are part of a plan or policy or when they are part of a series of similar crimes committed on a large scale.

2. For the purposes of the Statute, "war crimes" means:

(a)

Serious breaches of the Geneva Conventions of 12 August 1949 ¹ , namely any of the following acts in respect of persons or property protected by the provisions of the Geneva Conventions:

(i)

Intentional homicide;

(ii)

Torture or inhuman treatment, including biological experiments;

(iii)

Intentionally causing great suffering or serious harm to physical integrity or health;

(iv)

The destruction and appropriation of property, not justified by military necessity and carried out on a large scale in an unlawful and arbitrary manner;

(v)

To compel a prisoner of war or a protected person to serve in the forces of an enemy power;

(vi)

Intentionally depriving a prisoner of war or other protected person of his right to be tried regularly and impartially;

(vii)

Deportation or illegal transfer or illegal detention;

(viii)

The taking of hostages;

(b)

Other serious violations of the laws and customs applicable to international armed conflicts within the established framework of international law, namely, any of the following acts:

(i)

The intentional conduct of attacks against the civilian population as such or against civilians who are not directly involved in hostilities;

(ii)

Intentionally directing attacks on civilian objects, that is, goods that are not military objectives;

(iii)

Intentionally directing attacks against personnel, installations, equipment, units or vehicles employed in the context of a humanitarian or peacekeeping mission in accordance with the Charter of the United Nations As long as they are entitled to the protection that the international law of armed conflict guarantees to civilians and civilian property;

(iv)

Intentionally launching an attack knowing that it will incidentally cause loss of life in the civilian population, injuries to civilians, damage to civilian property or extensive, lasting damage And serious natural environment which would be manifestly excessive in relation to the overall expected concrete and direct military advantage;

(v)

Attack or bombard, by any means, towns, villages, houses or buildings that are not defended and are not military objectives;

(vi)

Killing or injuring a combatant who, having laid down the weapons or who no longer has the means to defend himself, has gone to discretion;

(vii)

The improper use of the parliamentary flag, the military flag or insignia and the uniform of the enemy or of the United Nations, as well as the distinctive signs provided for by the Geneva Conventions, and, in so doing, cause Loss of life or serious injury;

(viii)

The transfer, direct or indirect, by an occupying power of a part of its civilian population, in the territory it occupies, or the deportation or transfer within or outside the occupied territory of all or part of the Population of this territory;

(ix)

The intentional conduct of attacks on buildings devoted to religion, education, art, science or charity, historical monuments, hospitals and places where sick or wounded are Gathered, provided they are not military objectives;

X)

The submission of persons of an adverse party who has fallen in his power to medical or scientific mutilation or experimentation, regardless of who is not motivated by medical, dental or hospital treatment, or Carried out in the interest of these persons, leading to their death or seriously endangers their health;

(xi)

Killing or injuring by treachery individuals belonging to the enemy nation or army;

(xii)

Declare that there will be no neighbourhood;

(xiii)

The destruction or seizure of enemy property, except in cases where such destruction or seizure would be imperiously ordered by the exigencies of war;

(xiv)

Declaring the rights and actions of the nationals of the opposing party to be extinguished, suspended or not admissible in court;

(xv)

A belligerent to compel the nationals of the opposing party to take part in war operations against their country, even if they were at the service of that belligerent before the start of the war;

(xvi)

The looting of a town or town, even if it is taken from others;

(xvii)

Using poison or poisonous weapons;

(xviii)

The use of asphyxiating, toxic or similar gases, and any liquids, materials or similar processes;

Xix)

Using bullets that blossomed or flatten easily in the human body, such as balls with hard envelopes that do not completely cover the centre or are ingrained;

(xx)

The use of weapons, projectiles, materials and methods of war to cause unnecessary suffering or unnecessary suffering or to strike without discrimination in violation of the international law of armed conflict, provided that such weapons, Projectiles, materials and methods of warfare shall be subject to a general prohibition and shall be included in an annex to the present Statute by means of an amendment adopted in accordance with the provisions of Art. 121 and 123;

(xxi)

Attacks on the dignity of the person, including humiliating and degrading treatment;

(xxii)

Rape, sexual slavery, forced prostitution, forced pregnancy, as defined in art. 7, para. 2, para. (f) Forced sterilisation or any other form of sexual violence constituting a grave breach of the Geneva Conventions;

(xxiii)

Using the presence of a civilian or other protected person to ensure that certain points, areas or military forces are not the target of military operations;

(xxiv)

The intentional conduct of attacks against buildings, equipment, units and means of transport, and personnel using, in accordance with international law, the distinctive signs provided for by the Conventions Geneva;

(xxv)

The deliberate starving of civilians as a method of warfare, depriving them of assets essential to their survival, including by intentionally preventing the sending of relief under the Geneva Conventions;

(xxvi)

The conscription or enlistment of children under the age of 15 years in the national armed forces or the active participation in hostilities;

(c)

In the event of an armed conflict not of an international character, serious violations of s. 3 common to the four Geneva Conventions of 12 August 1949, namely any of the following acts committed against persons who do not participate directly in hostilities, including members of armed forces who have laid down their arms and Persons who have been hors de combat by illness, injury, detention or any other cause:

(i)

Attacks on life and bodily integrity, including murder in all its forms, mutilation, cruel treatment and torture;

(ii)

Attacks on the dignity of the person, including humiliating and degrading treatment;

(iii)

The taking of hostages;

(iv)

Convictions and executions carried out without a prior judgment, rendered by a regularly constituted court, together with judicial guarantees generally recognised as indispensable;

(d)

Al. (c) of s. 2 applies to armed conflicts not of an international character and therefore does not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence or acts of a similar nature;

(e)

Other serious violations of the laws and customs applicable to armed conflicts not of an international character, within the established framework of international law, namely, any of the following acts:

(i)

The intentional conduct of attacks against the civilian population as such or against civilians who are not directly involved in hostilities;

(ii)

The intentional conduct of attacks against buildings, equipment, units and means of transport, and personnel using, in accordance with international law, the distinctive signs of the Geneva Conventions;

(iii)

Intentionally directing attacks against personnel, installations, equipment, units or vehicles employed in the context of a humanitarian or peacekeeping mission in accordance with the Charter of the United Nations As long as they are entitled to the protection that the international law of armed conflict guarantees to civilians and civilian property;

(iv)

The intentional conduct of attacks on buildings devoted to religion, education, art, science or charity, historical monuments, hospitals and places where sick and wounded are Gathered, provided that these buildings are not military objectives;

(v)

The looting of a town or town, even if it is taken from others;

(vi)

Rape, sexual slavery, forced prostitution, forced pregnancy, as defined in art. 7, para. 2, para. F), forced sterilization, or any other form of sexual violence constituting a serious violation of s. 3 common to the four Geneva Conventions;

(vii)

The conscription or enlistment of children under the age of 15 years in the armed forces or armed groups or actively involve them in hostilities;

(viii)

Ordering the displacement of the civilian population for reasons related to the conflict, except in cases where the safety of civilians or military requirements is required;

(ix)

Killing or injuring a combatant adversary;

X)

Declare that there will be no neighbourhood;

(xi)

Subjing persons of another party to the conflict in its power to medical or scientific mutilation or experimentation, regardless of who is not motivated by medical, dental or hospital treatment, Or carried out in the interest of such persons, resulting in the death of those persons or seriously endanger their health;

(xii)

The destruction or seizure of an adversary's property, unless such destruction or seizure is imperiously ordered by the exigencies of the conflict;

(f)

Al. (e) du par. 2 applies to armed conflicts not of an international character and therefore does not apply to situations of internal disturbances and tensions such as riots, isolated and sporadic acts of violence or acts of a similar nature. It applies to armed conflicts which have been prolonged in the territory of a State by the authorities of the government of that State and of organised armed groups or armed groups organised between them.

3. Nothing in par. 2, para. (c) and (e), shall not affect the responsibility of a government to maintain or restore public order in the State or to defend the unity and territorial integrity of the State by all legitimate means.

1. Elements of crimes assist the Court in interpreting and applying s. 6, 7 and 8. They shall be adopted by a two-thirds majority of the members of the Assembly of States Parties.

2. Amendments to the elements of crimes may be proposed by:

(a)

Any State Party;

(b)

Judges, acting by an absolute majority;

(c)

The Prosecutor.

The amendments shall be adopted by a two-thirds majority of the members of the Assembly of States Parties.

The elements of the crimes and the related amendments shall be in accordance with this Statute.

Nothing in this Chapter shall be construed as limiting or affecting in any way the rules of existing or training international law for purposes other than this Statute.

(1) The Court shall have jurisdiction only in respect of crimes within its jurisdiction committed after the entry into force of this Statute.

(2) If a State becomes a Party to this Statute after its entry into force, the Court may exercise its jurisdiction only in respect of crimes committed after the entry into force of the Statute for that State, unless that State makes the declaration provided for in that State. Art. 12, para. 3.

1. A State which becomes a Party to the Statute thus accepts the jurisdiction of the Court in respect of the crimes referred to in s. 5.

2. In the cases referred to in s. 13, para. (a) or (c), the Court may exercise its jurisdiction if either of the following States or both are Parties to this Statute or have accepted the jurisdiction of the Court in accordance with s. 3:

(a)

The State in whose territory the conduct in question occurred or, if the crime was committed on board a ship or aircraft, the flag State or the state of registration;

(b)

The State of which the person accused of the crime is a national.

3. If the acceptance of the jurisdiction of the Court by a State which is not a Party to this Statute is necessary for the purposes of s. 2, that State may, by declaration lodged with the Registrar, consent to the Court exercising its jurisdiction over the crime in question. The State having accepted the jurisdiction of the Court shall cooperate with the Court without delay and without exception in accordance with chap. IX.

The Court may exercise jurisdiction over a crime referred to in s. 5, in accordance with the provisions of this Statute:

(a)

If a situation in which one or more of these crimes appears to have been committed is referred to the Prosecutor by a State Party, as provided for in Art. 14;

(b)

If a situation in which one or more of these crimes appears to have been committed is referred to the Prosecutor by the Security Council acting under chap. VII of the United Nations Charter; or

(c)

If the Prosecutor has initiated an investigation into the crime under s. 15.

1. Any State Party may refer to the Prosecutor a situation in which one or more of the crimes within the jurisdiction of the Court appear to have been committed, and request the Prosecutor to investigate the situation with a view to determining whether one or Several identified individuals should be charged with these crimes.

2. The State making the reference shall indicate as far as possible the relevant circumstances of the case and shall produce the supporting documents available to it.

The Prosecutor may initiate an investigation on his own initiative in the light of information concerning crimes within the jurisdiction of the Court.

2. The Prosecutor shall verify the seriousness of the information received. To this end, it may seek additional information from States, United Nations bodies, intergovernmental and non-governmental organizations, or other credible sources it deems appropriate, and To collect written or oral evidence at the seat of the Court.

(3) If the Prosecutor concludes that there is a reasonable basis for the initiation of an investigation, the Prosecutor shall submit to the Pre-Trial Chamber a request for such authorization, together with any supporting evidence. Victims may make representations to the Pre-Trial Chamber in accordance with the Rules of Procedure and Evidence.

4. If it considers, after considering the application and the supporting evidence, that there is a reasonable basis for an investigation and that the case appears to fall within the jurisdiction of the Court, the Pre-Trial Chamber shall Authorisation, without prejudice to the decisions which the Court will take later in matters of jurisdiction and admissibility.

5. A negative response from the Pre-Trial Chamber shall not prevent the Prosecutor from subsequently submitting a new application on the basis of new facts or evidence relating to the same situation.

6. If, after the preliminary examination referred to in s. 1 and 2, the Prosecutor concludes that the information submitted to him does not constitute a reasonable basis for the initiation of an investigation and advises those who provided them. It is not, however, prohibited to examine, in the light of new facts or evidence, any other information that may be disclosed to it about the same matter.

No investigation or prosecution may be initiated or carried out under this Statute for a period of twelve months after the date on which the Security Council has made such a request to the Court in a resolution adopted under this Statute. Chap. VII of the Charter of the United Nations; the application may be renewed by the Council under the same conditions.

1. Having regard to paras. 10 of the preamble and art. 1, a case is considered inadmissible by the Court when:

(a)

The case is the subject of an investigation or prosecution by a State having jurisdiction in this case, unless that State has the will or is unable to effectively carry out the investigation or prosecution;

(b)

The case has been investigated by a State having jurisdiction in this case and that State has decided not to prosecute the person concerned, unless that decision is the effect of the lack of will or incapacity of the State of To effectively prosecute; and

(c)

The person concerned has already been tried for the conduct that is the subject of the complaint, and cannot be tried by the Court under s. 20, para. 3;

(d)

The case is not serious enough for the Court to act on it.

2. In order to determine whether there is a lack of will of the State in a particular case, the Court considers the existence, having regard to the guarantees of a fair trial recognised by international law, of one or more of the following circumstances:

(a)

The procedure has been or is initiated or the decision of the State has been taken with the aim of removing the person concerned from criminal responsibility for the crimes falling within the jurisdiction of the Court referred to in Art. 5;

(b)

There has been an undue delay in the proceedings which, in the circumstances, is incompatible with the intention of bringing the person concerned to justice;

(c)

The procedure has not been or is not conducted in an independent or impartial manner but in a manner which, in the circumstances, is incompatible with the intention of bringing the person concerned to justice.

3. In order to determine whether there is an incapacity of the State in a particular case, the Court considers whether the State is incapable, by reason of the collapse of the whole or a substantial part of its own judicial system or of the unavailability of The accused, to seize the accused, to gather the necessary evidence and testimony, or otherwise carry out the proceedings.

1. Where a situation has been referred to the Court as provided for in s. 13, para. (a), and the Prosecutor has determined that there would be a reasonable basis for the initiation of an investigation, or where the Prosecutor has initiated an art investigation. 13, para. (c), and 15, the Prosecutor shall notify all States Parties and States which, according to the information available, would normally have jurisdiction over the crimes in question. It may do so in confidence and, when it deems it necessary to protect persons, prevent the destruction of evidence or prevent the escape of persons, it may restrict the extent of the information it discloses To States.

2. Within one month of the receipt of such notification, a State may inform the Court that it opens or has opened an investigation of its nationals or other persons under its jurisdiction for criminal acts which may constitute Crimes under s. 5 and which have a connection with the information notified to the States. If requested by the State, the Prosecutor shall defend the investigation of such persons, unless the Pre-Trial Chamber authorizes it, upon request, to investigate itself.

3. Such a stay of investigation may be reconsidered by the Prosecutor six months after it has been decided, or at any time when there has been a significant change in circumstances arising from the lack of will or incapacity of the State to actually carry out The survey.

4. The State concerned or the Prosecutor may appeal to the Appeals Chamber of the decision of the Pre-Trial Chamber, as provided for in Art. 82. This appeal may be examined under an expedited procedure.

5. When it is necessary to investigate as provided for in subs. 2, the Prosecutor may request the State concerned to report regularly to the Prosecutor on the progress of its investigation and, where appropriate, the prosecution of the case. States Parties shall respond to such requests without undue delay.

6. Pending the decision of the Pre-Trial Chamber, or at any time after having decided to stay the inquiry as provided for in this Article, the Prosecutor may, on an exceptional basis, apply to the Pre-Trial Chamber for permission to To take the investigative measures necessary to preserve evidence in the event that the opportunity to gather significant evidence does not arise or if there is a significant risk that the evidence is no longer Available later.

7. The State which has challenged a decision of the Pre-Trial Chamber under this article may challenge the admissibility of a case under s. 19 on the basis of new facts or a change in significant circumstances.

1. The Court shall ensure that it has jurisdiction to hear any case before it. It may, on its own motion, rule on the admissibility of the case in accordance with Art. 17.

2. May challenge the admissibility of the case for the reasons set out in Art. 17 or challenge the jurisdiction of the Court:

(a)

The accused or person against whom an arrest warrant or subpoena has been issued under s. 58;

(b)

The State which is competent in relation to the crime concerned by the fact that it carries out or has carried out an investigation, or that it carries out or has pursued proceedings in the case; or

(c)

The State which must have accepted the jurisdiction of the Court according to Art. 12.

(3) The Prosecutor may request the Court to rule on a matter of jurisdiction or admissibility. In proceedings relating to jurisdiction or admissibility, those who have referred a situation under s. 13, as well as the victims, may also submit observations to the Court.

4. The admissibility of a case or the jurisdiction of the Court may be challenged only once by the persons or States referred to in s. 2. The exception must be raised before the opening or opening of the trial. In exceptional circumstances, the Court may allow an exception to be raised more than once or at a later stage of the trial. The exceptions of inadmissibility raised at the commencement of the trial, or subsequently with the permission of the Court, may be based only on the provisions of Art. 17, para. 1, para. (c).

5. The States referred to in par. 2, para. (b) and (c) raise their exception as soon as possible.

6. Before the confirmation of the charges, the objections of inadmissibility or incompetence are referred to the Pre-Trial Chamber. After the confirmation of the charges, they are returned to the Trial Chamber. Decisions on jurisdiction or admissibility may be appealed to the Appeals Chamber in accordance with s. 82.

7. If the exception is raised by the State referred to in s. 2, para. (b) or (c), the Prosecutor shall be required to investigate until the Court has made a decision under s. 17.

8. Pending the decision of the Prosecutor, the Prosecutor may apply to the Court for authorisation:

(a)

Take the investigative measures referred to in s. 18, para. 6;

(b)

Collect the testimony or testimony of a witness or carry out the gathering and examination of evidence that began before the exception was raised;

(c)

To prevent, in cooperation with the States concerned, the escape of persons against whom the Prosecutor has already requested an arrest warrant in accordance with Art. 58.

9. An exception does not affect the validity of any action by the Prosecutor or any order made or any warrant issued by the Court before the exception has been raised.

10. When the Court found a case to be inadmissible under s. 17, the Prosecutor may ask him to reconsider his decision if it is certain that newly surfaced facts disprove the reasons why the case was found to be inadmissible under s. 17.

11. If, having regard to the matters referred to in s. 17, the Prosecutor is to investigate, he may request the State concerned to provide him with information on the conduct of the proceedings. Such information shall be kept confidential if requested by the State. If the Prosecutor subsequently decides to initiate an investigation, he shall notify the State whose proceedings were the cause of the stay.

1. Except as otherwise provided in this Statute, no person may be tried by the Court for acts constituting crimes for which he has already been convicted or acquitted by the Court.

(2) No person may be tried by another court for a crime referred to in s. 5 for which he has already been convicted or acquitted by the Court.

3. A person who has been tried by another court for conduct also falls within the scope of s. 6, 7 or 8 may be tried by the Court only if the procedure before the other court:

(a)

Was intended to remove the person concerned from criminal responsibility for crimes within the jurisdiction of the Court; or

(b)

Has not been conducted independently or impartially, while respecting the guarantees of a fair trial under international law, but in a manner which, in the circumstances, was incompatible with the intention to translate The person concerned in court.

1. The Court shall apply:

(a)

In the first place, this Statute, the elements of the crimes and the Rules of Procedure and Evidence;

(b)

Second, as appropriate, the relevant treaties and the principles and rules of international law, including the established principles of international law of armed conflict;

(c)

The general principles of the law established by the Court on the basis of national laws representing the different legal systems of the world, including, where appropriate, the national laws of the States under whose jurisdiction Normally the crime, if these principles are not inconsistent with this Statute or with international law and recognized international rules and standards.

2. The Court may apply the principles and rules of law as interpreted in its earlier decisions.

(3) The application and interpretation of the law provided for in this article must be compatible with internationally recognized human rights and free from discrimination based on considerations such as belonging to one or The other sex as defined in s. 7, para. 3, age, race, colour, language, religion or belief, political or other opinion, national, ethnic or social origin, wealth, birth or any other quality.

1. A person shall be criminally liable under this Statute only if his or her conduct constitutes, at the time when it occurs, a crime within the jurisdiction of the Court.

2. The definition of a crime is a strict interpretation and cannot be extended by analogy. In the case of ambiguity, it shall be interpreted in favour of the person who is the subject of an investigation, prosecution or conviction.

(3) This Article shall not prevent the conduct of conduct as a crime under international law, irrespective of the present Statute.

A person who has been convicted by the Court may be punished only in accordance with the provisions of this Statute.

(1) No person shall be criminally liable under this Statute for conduct prior to the entry into force of the Statute.

2. The law applicable to a case is amended before the final judgment, it is the right most favourable to the person subject to an investigation, prosecution or conviction that applies.

1. The Court shall have jurisdiction in respect of natural persons under this Statute.

2. Every person who commits a crime within the jurisdiction of the Court shall be individually liable and may be punished in accordance with this Statute.

3. Under this Statute, a person is criminally liable and may be punished for a crime within the jurisdiction of the Court if:

(a)

It commits such a crime, whether it be individually or jointly with another person or through another person, whether or not that other person is criminally liable;

(b)

It orders, solicits or encourages the commission of such a crime, as soon as there is a commission or attempt by the commission of that crime;

(c)

In order to facilitate the commission of such a crime, it shall provide its assistance, assistance or any other form of assistance to the committee or to the commission of that crime, including by providing the means of that commission;

(d)

It contributes in any other way to the commission or to the commission of such a crime by a group of persons acting in concert. This contribution must be intentional and, as appropriate:

(i)

Aim to facilitate the criminal activity or criminal intent of the group, if that activity or purpose involves the execution of a crime within the jurisdiction of the Court; or

(ii)

Be made in full knowledge of the group's intent to commit this crime;

(e)

In relation to the crime of genocide, it directly and publicly encourages others to commit genocide;

(f)

It attempts to commit such a crime by means of acts which, by their substantial character, constitute a beginning of execution, but without the crime being carried out because of circumstances beyond its control. However, the person who abandons the effort to commit the crime or otherwise prevents the completion of the crime may not be punished under this Statute for his or her attempt if it has completely and voluntarily renounced the intent Criminal.

4. Nothing in this Statute relating to the criminal liability of individuals shall affect the responsibility of States under international law.

The Court does not have jurisdiction over a person who was under the age of 18 at the time of the alleged commission of a crime.

1. This Statute shall apply equally to all, without any distinction based on official quality. In particular, the official quality of a head of state or of government, of a member of a government or of a parliament, of an elected representative or of an agent of a State, shall in no way exonerate criminal responsibility under this Statute, not more That it is as such a reason for the reduction of the sentence.

(2) Immunities or special rules of procedure which may attach to the official quality of a person, under domestic or international law, shall not prevent the Court from exercising its jurisdiction in respect of that person.

In addition to the other grounds of criminal responsibility under this Statute for crimes within the jurisdiction of the Court:

(a)

A military leader or a person acting as a military chief is criminally responsible for crimes within the jurisdiction of the Court committed by forces under his effective command and control, or under his Effective control and control, as the case may be, where it has not exercised appropriate control over such forces in cases where:

(i)

That military chief or that person knew, or, because of the circumstances, should have known, that those forces were committing or going to commit such crimes; and

(ii)

The military chief or that person has not taken all necessary and reasonable measures in his or her power to prevent or suppress the execution or to refer the matter to the competent authorities for investigation and prosecution;

(b)

As regards the relations between hierarchical superiors and subordinates not described in subs. A), the hierarchical superior shall be criminally liable for crimes within the jurisdiction of the Court committed by subordinates under his or her effective authority and control, where he or she has failed to exercise appropriate control over such matters. Subordinates in cases where:

(i)

The hierarchical superior knew that these subordinates were committing or going to commit these crimes or deliberately neglected to take into account information that clearly indicated them;

(ii)

The crimes were linked to activities under its effective responsibility and control; and

(iii)

The hierarchical superior has not taken all necessary and reasonable measures which were in his power to prevent or suppress the execution or to refer the matter to the competent authorities for investigation and prosecution.

Crimes within the jurisdiction of the Court are not prescribed.

1. Except as otherwise provided, no person shall be criminally liable and may be punished for a crime within the jurisdiction of the Court only if the material part of the crime is committed with intent and knowledge.

2. It is intended for the purposes of this Article when:

(a)

In relation to conduct, a person intends to adopt this behaviour;

(b)

In respect of a consequence, a person intends to cause this consequence or is aware that the consequence will be in the normal course of events.

3. There is knowledge, within the meaning of this Article, when a person is aware that a circumstance exists or that a consequence will occur in the ordinary course of events. "Knowledge" and "knowledge of cause" are interpreted accordingly.

1. In addition to the other grounds for exemption from criminal liability provided for in this Statute, a person shall not be criminally liable if, at the time of the conduct in question:

(a)

Was suffering from a mental illness or disability that deprived it of the ability to understand, or control, the sensitivity or nature of her behaviour to comply with the requirements of the Act;

(b)

It was in a state of intoxication which deprived it of the ability to understand the delicacy or nature of its behaviour, or to control it in order to comply with the requirements of the law, unless it had voluntarily Intoxicated in circumstances such as she knew that, as a result of her intoxication, she was at risk of adopting conduct constituting a crime within the jurisdiction of the Court, or that she had failed to take account of that risk;

(c)

It has acted reasonably to defend itself, to defend others or, in the case of war crimes, to defend property essential to its survival or that of others or essential to the performance of a military mission, against an appeal Imminent and unlawful force, in a manner commensurate with the magnitude of the danger it was running or the other person or property protected. The fact that a person has participated in a defensive operation conducted by armed forces does not in itself constitute a ground for exemption from criminal liability under this paragraph;

(d)

The conduct alleged to constitute a crime within the jurisdiction of the Court has been adopted under duress resulting from imminent threat of death or serious, continuous or imminent attack on its own physical integrity or That of others, and whether it acted by necessity and in a reasonable manner to ward off this threat, provided that it did not intend to cause greater harm than the one it sought to avoid. This threat may be:

(i)

Be exercised by other persons;

(ii)

Be constituted by other circumstances beyond its control.

2. The Court shall decide whether the grounds for exemption from criminal liability provided for in this Statute are applicable to the case before it.

3. At trial, the Court may take into consideration a ground for exemption other than those provided for in s. 1, if that ground is derived from the applicable law specified in s. 21. The procedure for examining this ground of exemption is set out in the Rules of Procedure and Evidence.

1. A factual error is a ground for exemption from criminal liability only if it disappears the psychological element of the crime.

2. An error of law relating to the question of whether a particular conduct constitutes a crime within the jurisdiction of the Court is not a ground for exemption from criminal liability. However, an error of law may be a ground for exemption from criminal liability if it disappears the psychological element of the crime or falls within the scope of s. 33.

1. The fact that a crime within the jurisdiction of the Court has been committed on the order of a government or a superior, military or civilian, does not exempt the person who has committed it from criminal responsibility, unless:

(a)

That person had a legal obligation to obey the orders of the government or superior in question;

(b)

That person did not know that the order was unlawful; and

(c)

The order was not manifestly unlawful.

2. For the purposes of this Article, the order to commit genocide or a crime against humanity is manifestly unlawful.

The organs of the Court are as follows:

(a)

The Presidency;

(b)

A Appeals Division, a Trial Division and a Pre-Trial Division;

(c)

The Office of the Prosecutor;

(d)

Registry.

1. All judges shall be elected as full-time members of the Court and shall be available to perform their duties full time as soon as their term of office begins.

2. The judges who make up the Presidency shall serve on a full-time basis as soon as they are elected.

3. The Presidency may, depending on the workload of the Court and in consultation with the other judges, decide periodically on the extent to which they are required to perform their duties on a full-time basis. The decisions taken in this regard shall be without prejudice to the provisions of Art. 40.

4. The financial arrangements for judges who are not required to perform their duties on a full-time basis shall be established in accordance with Art. 49.

1. Subject to subs. 2, the Court consists of 18 judges.

2. A)

The Presidency may, on behalf of the Court, propose to increase the number of judges fixed by s. 1, giving due reason for its proposal. The latter shall be communicated without delay to all States Parties by the Registrar.

(b)

The proposal shall then be considered at a meeting of the Assembly of States Parties convened in accordance with Art. 112. It shall be considered adopted if it is approved at that meeting by a two-thirds majority of the members of the Assembly of States Parties. It shall become effective on the date fixed by the Assembly of the States Parties.

(c) (i) When the proposal to increase the number of judges has been adopted in accordance with para. (b) the election of additional judges shall take place at the following meeting of the Assembly of States Parties, in accordance with paras. 3 to 8, and art. 37, para. 2;

(ii)

When the proposal to increase the number of judges was adopted and became effective in accordance with paras. (b) and (c), subpara. I), the Presidency may propose at any time thereafter, if the work of the Court justifies it, to reduce the number of judges, but not less than the number laid down in par. The proposal shall be considered in accordance with the procedure laid down in paras. (a) and (b). If adopted, the number of judges gradually decreases as the mandate of the current judges expires, and so until the expected number is reached.

3. A)

The judges shall be chosen from among persons of high moral importance, known for their impartiality and integrity and meeting the requirements of their respective States for the exercise of the highest judicial functions.

(b)

Every candidate for a seat in the Court shall:

(i)

Have a recognised competence in the fields of criminal law and criminal procedure as well as the necessary experience of the criminal trial, whether as a judge, prosecutor or lawyer, or in any other similar quality; or

(ii)

Have recognized competence in relevant fields of international law, such as international humanitarian law and human rights, as well as extensive experience in a legal profession that is of interest to work Of the Court.

(c)

Every candidate for a seat in the Court must have an excellent knowledge and a common practice of at least one of the working languages of the Court.

4. A)

Candidates for a seat in the Court may be nominated by any State Party to this Statute:

(i)

According to the procedure for submitting applications to the highest judicial offices in the State in question; or

(ii)

According to the procedure for submitting applications to the International Court of Justice provided for in the Statute of the Court.

Applications shall be accompanied by a detailed document showing that the candidate presents the qualifications provided for in s. 3.

(b)

Each State Party may nominate a person to a particular election. This person does not necessarily have his nationality but must have that of a State Party.

(c)

The Assembly of States Parties may decide to establish, as appropriate, an advisory committee for the examination of applications. In this case, the composition and terms of reference of that committee shall be defined by the Assembly of States Parties.

5. For the purpose of the election, two lists of candidates shall be established:

-

List A, which contains the names of the candidates with the competencies referred to in s. 3, para. (b), subpara. (i);

-

List B, which contains the names of the candidates with the competencies referred to in s. 3, para. (b), subpara. (ii).

Any candidate with the skills required to appear on both lists may choose the one on which he or she presents himself. At the first election, at least nine judges shall be elected from among the candidates in List A and five judges at least from those of list B. The following elections shall be held so as to maintain the same proportion between the judges elected on one and the other The other list.

6. A)

The judges shall be elected by secret ballot at a meeting of the Assembly of States Parties convened for that purpose under Art. 112. Subject to subs. 7 shall be elected the 18 candidates who have obtained the highest number of votes and a two-thirds majority of the States Parties present and voting.

(b)

If there are still seats to be filled at the end of the first round of voting, successive elections shall be held in accordance with the procedure laid down in para. (a) until the remaining seats have been filled.

7. The Court may not include more than one national of the same State. In this respect, the person who may be considered as a national of more than one State is deemed to be a national of the State in which he habitually exercises his civil and political rights.

8. (a)

In the choice of judges, the States Parties shall take into account the need to ensure, in the composition of the Court:

(i)

Representation of the world's major legal systems;

(ii)

Equitable geographical representation; and

(iii)

Equitable representation of men and women.

(b)

States Parties shall also take into account the need to ensure the presence of specialised judges in certain matters, including, but not limited to, issues related to violence against women or children.

9. (a)

Subject to para. (b) the judges shall be elected for a term of nine years and, subject to para. (c) and art. 37, para. 2, they are not eligible for re-election.

(b)

In the first election, one third of the elected judges, appointed by lot, shall be appointed for a term of three years; one third of the elected judges, appointed by lot, shall be appointed for a term of six years; the other judges shall be appointed for a term of office And nine years.

(c)

A judge appointed for a three-year term under para. B) is eligible for a full term of office.

10. Notwithstanding the provisions of s. 9, a judge assigned to a Trial Chamber or an appeal in accordance with s. 39, who began to know before this Chamber of a case at first instance or on appeal, remains in office until the conclusion of that case.

1. It shall be filled by election to fill vacancies, in accordance with the provisions of s. 36.

(2) A judge elected at a vacancy shall terminate the term of office of his predecessor; if the term of office to be completed is less than or equal to three years, he shall be re-elected for an entire term in accordance with Art. 36.

The President and the First and Second Vice-Presidents shall be elected by an absolute majority of the judges. They shall be elected for three years, or until their term of office expires if the judge expires before three years. They are eligible for re-election once.

2. The First Vice-President shall replace the President when the President is prevented or challenged. The second Vice-Chairman shall replace the President when he and the First Vice-President are both prevented or challenged.

3. The President, the First Vice-President and the Second Vice-President make up the Presidency, which is responsible for:

(a)

The proper administration of the Court, with the exception of the Prosecutor's Office; and

(b)

Other functions conferred upon it in accordance with this Statute.

4. In exercising the powers referred to in s. 3, para. A), the Presidency acts in coordination with the Prosecutor, whose agreement it seeks to agree on all matters of common interest.

1. As soon as possible after the election of the judges, the Court shall be organized in sections as provided for in Art. 34, para. (b). The Appeals Division is composed of the President and four other judges; the Trial Division and the Pre-Trial Division are each composed of at least six judges. The assignment of judges to the sections is based on the nature of the functions assigned to each section and on the skills and experience of the judges elected to the Court, so that each section has the requisite proportion of experts from the Criminal law and criminal procedure and specialists in international law. The Pre-Trial Division and the Trial Division are mainly composed of judges with experience in criminal proceedings.

2. A)

The judicial functions of the Court shall be exercised in each section by Chambers.

(b) (i) The Appeals Chamber shall be composed of all judges of the Appeals Division.

(ii)

The functions of the Trial Chamber shall be exercised by three judges of the Trial Division.

(iii)

The functions of the Pre-Trial Chamber shall be exercised either by three judges of the Pre-Trial Division or by a single judge of that Section in accordance with this Statute and the Rules of Procedure and Evidence.

(c)

Nothing in this paragraph shall prohibit the simultaneous incorporation of more than one Trial Chamber or Pre-Trial Chamber when the work of the Court so requires.

3. A)

The judges assigned to the Pre-Trial Division and the Trial Division shall serve for three years; they shall continue to serve beyond that term until the settlement of any matter that they have had to deal with in those sections.

(b)

Judges assigned to the Appeals Section shall serve for the duration of their term of office.

4. Judges assigned to the Appeals Division sit exclusively in this Section. Nothing in this Article shall, however, prohibit the temporary assignment of judges of the Trial Division to the Pre-Trial Division, or vice versa, if the Presidency considers that the work of the Court requires it, on the understanding that a judge Who participated in the preliminary phase of a case is by no means allowed to sit in the Trial Chamber before the case.

(1) The judges shall exercise their functions independently.

2. The judges shall not engage in any activity which may be incompatible with their judicial functions or raise doubts as to their independence.

3. Judges required to perform their duties full-time at the seat of the Court shall not engage in any other activity of a professional nature.

4. Any question that raises the application of s. 2 and 3 shall be decided by an absolute majority of the judges. A judge is not involved in the decision on an issue that concerns him.

(1) The Presidency may discharge a judge, at its request, from the functions assigned to it under this Statute, in accordance with the Rules of Procedure and Evidence.

2. A)

A judge may not participate in the settlement of any matter in which his or her impartiality could reasonably be questioned for any reason. A judge shall be challenged in a case in accordance with this paragraph, in particular if he had previously intervened in that case before the Court or in a related criminal case at the national level in which the person The subject of the investigation or prosecution was involved. A judge may also be disqualified for the other reasons provided for in the Rules of Procedure and Evidence.

(b)

The Prosecutor or the person under investigation or prosecution may request the disqualification of a judge under this paragraph.

(c)

Any question relating to the recusal of a judge shall be decided by an absolute majority of the judges. The judge whose recusal is sought may present his observations on the question but does not participate in the decision.

The Office of the Prosecutor acts independently as a separate body within the Court. It shall be responsible for receiving communications and duly substantiated information concerning crimes within the jurisdiction of the Court, to examine them, to conduct investigations and to support the accusation before the Court. Its members neither seek nor accept instructions from any outside source.

2. The Office is headed by the Prosecutor. The Board has any authority over the management and administration of the Office, including staff, facilities and other resources. The Prosecutor shall be assisted by one or more Deputy Prosecutors, empowered to carry out all acts required by this Statute of the Prosecutor. The Prosecutor and the Deputy Prosecutors are of different nationalities. They perform their duties on a full-time basis.

3. The Prosecutor and the Deputy Prosecutors shall enjoy high moral standards and have strong expertise and practical experience in the prosecution or prosecution of criminal cases. They must have an excellent knowledge and common practice of at least one of the working languages of the Court.

4. The Prosecutor shall be elected by secret ballot by the Assembly of States Parties, by an absolute majority of the members of the latter. The Deputy Prosecutors are elected in the same manner on a list of candidates nominated by the Prosecutor. The Prosecutor submits three candidates for each position of Deputy Prosecutor to be filled. Unless it is decided on a shorter term at the time of their election, the Prosecutor and the Deputy Prosecutors shall serve for nine years and shall not be eligible for re-election.

5. Neither the Prosecutor nor the Deputy Prosecutors shall engage in any activity which may be incompatible with their prosecutorial functions or raise doubts as to their independence. They do not engage in any other professional activity.

6. The Presidency may, at its request, relieve the Prosecutor or an assistant prosecutor of his or her functions in a particular case.

7. Neither the Prosecutor nor the Deputy Prosecutors may participate in the settlement of a case in which their impartiality might reasonably be questioned for any reason. They shall be challenged in a case in accordance with this paragraph if, inter alia, they have previously intervened, in any capacity, in that case before the Court or in a related criminal case at the national level in which The person subject to the investigation or prosecution was involved.

8. Any question relating to the recusal of the Prosecutor or a Deputy Prosecutor shall be decided by the Appeals Chamber.

(a)

The person who is the subject of an investigation or prosecution may at any time request the challenge of the Prosecutor or an assistant prosecutor for the reasons set out in this article.

(b)

The Prosecutor or the Deputy Prosecutor concerned, as the case may be, may submit comments on the matter.

9. The Prosecutor appoints advisers who are specialists in the law on certain issues, including but not limited to sexual violence, gender-based violence and violence against children.

The Registry shall be responsible for the non-judicial aspects of the administration and service of the Court, without prejudice to the functions and functions of the Prosecutor as defined in s. 42.

2. The Registry shall be headed by the Registrar, who shall be the chief administrative officer of the Court. The Registrar shall carry out his duties under the authority of the President of the Court.

(3) The Registrar and the Deputy Registrar shall be persons of high moral and high competence, having an excellent knowledge and common practice of at least one of the working languages of the Court.

(4) The judges shall elect the Registrar by an absolute majority and by secret ballot, taking into account any recommendations made by the Assembly of States Parties. If the need arises, they also elect a Deputy Registrar on the recommendation of the Registrar.

5. The Registrar shall be elected for five years, shall be re-elected once and shall perform his duties on a full-time basis. The Deputy Registrar shall be elected for five years or for a shorter term, as may be decided by an absolute majority of the judges; he shall be called upon to perform his duties in accordance with the requirements of the service.

6. The Registrar shall establish a Victims and Witnesses Unit within the Registry. This Division is responsible, in consultation with the Office of the Prosecutor, to advise and assist in any appropriate manner witnesses, victims who appear before the Court and other persons to whom the testimony of those witnesses May pose a risk, as well as the measures and arrangements to be taken to ensure their protection and security. Staff in the Division include specialists in trauma assistance, including trauma related to sexual violence.

The Prosecutor and the Registrar shall appoint the necessary qualified staff in their respective departments, including, in the case of the Prosecutor, investigators.

2. When recruiting staff, the Prosecutor and the Registrar shall ensure the services of persons with the highest standards of efficiency, competence and integrity, taking into account, Mutatis mutandis , the criteria set out in s. 36, para. 8.

The Registrar, in agreement with the Presidency and the Prosecutor, shall propose the Staff Regulations, which shall include the terms of appointment, remuneration and termination of office. The Staff Regulations shall be approved by the Assembly of States Parties.

4. The Court may, in exceptional circumstances, use the expertise of personnel made available to the Court by States Parties, intergovernmental organizations or non-governmental organizations to assist Any organ of the Court in its work. The Prosecutor may accept such staff for the Office of the Prosecutor. Persons made available without charge shall be employed in accordance with the guidelines to be established by the Assembly of States Parties.

Before taking up the functions provided for in this Statute, the judges, the Prosecutor, the Deputy Prosecutors, the Registrar and the Deputy Registrar shall hold in public the solemn undertaking to exercise their powers impartially and impartially, Any consciousness.

1. A judge, the Prosecutor, a Deputy Prosecutor, the Registrar or the Deputy Registrar shall be relieved of his or her functions on a decision taken in accordance with s. 2, where:

(a)

It is established that it has committed a gross negligence or a serious breach of the duties imposed on it by this Statute, as provided for in the Rules of Procedure and Evidence; or

(b)

The person is unable to perform his or her duties as defined in this Statute.

2. The decision concerning the loss of functions of a judge, the Prosecutor or an assistant prosecutor under s. 1 shall be taken by the Assembly of States Parties by secret ballot:

(a)

In the case of a judge, by a two-thirds majority of the States Parties on a recommendation adopted by a two-thirds majority of the other judges;

(b)

In the case of the Prosecutor, by an absolute majority of the States Parties;

(c)

In the case of an assistant prosecutor, by an absolute majority of the States Parties on the recommendation of the Prosecutor.

(3) The decision concerning the loss of office of the Registrar or the Deputy Registrar shall be taken by an absolute majority of the judges.

4. A judge, a prosecutor, a deputy prosecutor, a clerk or an assistant clerk whose conduct or ability to perform the functions provided for in this Statute are challenged under this section has the latitude to produce and To receive evidence and to make representations in accordance with the Rules of Procedure and Evidence. It does not otherwise participate in the consideration of the matter.

A judge, a prosecutor, an assistant prosecutor, a clerk or an assistant clerk who has committed a lesser offence than that referred to in s. 46, para. 1, is subject to the disciplinary sanctions provided for in the Rules of Procedure and Evidence.

The Court shall enjoy in the territory of the States Parties the privileges and immunities necessary for the performance of its mission.

(2) The judges, the Prosecutor, the Deputy Prosecutors and the Registrar shall enjoy, in the performance of their duties or in relation to those functions, the privileges and immunities accorded to heads of diplomatic missions. After the expiry of their term of office, they shall continue to enjoy immunity from any legal procedure for words, writings and acts which fall within the scope of their official duties.

The Deputy Registrar, the staff of the Office of the Prosecutor and the staff of the Registry shall enjoy the privileges, immunities and facilities necessary for the performance of their duties, in accordance with the Agreement on the Privileges and Immunities of the Court.

4. Lawyers, experts, witnesses or other persons whose presence is required at the seat of the Court shall enjoy the necessary treatment for the proper functioning of the Court, in accordance with the Agreement on the Privileges and Immunities of the Court.

5. Privileges and immunities may be waived:

(a)

In the case of a judge or the prosecutor, by decision taken by an absolute majority of the judges;

(b)

In the case of the Registrar, by the Presidency;

(c)

In the case of Deputy Prosecutors and staff of the Office of the Prosecutor, by the Prosecutor;

(d)

In the case of the Deputy Registrar and the staff of the Registry, by the Registrar.

The judges, the Prosecutor, the Deputy Prosecutors, the Registrar and the Deputy Registrar shall collect the salaries, allowances and reimbursements held by the Assembly of States Parties. These salaries and allowances are not reduced during the term of office.

The official languages of the Court are English, Arabic, Chinese, Spanish, French and Russian. The judgments of the Court and other decisions concerning fundamental questions submitted to it shall be published in the official languages. The Presidency shall determine, in the light of the criteria laid down in the Rules of Procedure and Evidence, which decisions may be considered for the purposes of this paragraph as resolving fundamental questions.

2. The working languages of the Court shall be English and French. The Rules of Procedure and Evidence define cases in which other official languages may be used as working languages.

(3) At the request of a party to a proceeding or a State authorized to intervene in a proceeding, the Court shall authorize the employment by that party or state of a language other than English or French if it considers it justified.

The Rules of Procedure and Evidence shall enter into force upon adoption by the Assembly of States Parties by a two-thirds majority of its members.

2. Amendments to the Rules of Procedure and Evidence may be proposed by:

(a)

Any State Party;

(b)

Judges acting by an absolute majority;

(c)

The Prosecutor.

These amendments shall enter into force upon their adoption by a two-thirds majority of the members of the Assembly of States Parties.

3. After the adoption of the Rules of Procedure and Evidence, in urgent cases where the particular situation before the Court is not provided for in the Rules of Procedure, the judges may, by a two-thirds majority, establish provisional rules which Shall apply until such time as the Assembly of States Parties, at its next ordinary or extraordinary meeting, adopts, modifies or rejects them.

4. The Rules of Procedure and Evidence, the amendments thereto and the provisional rules shall be in accordance with the provisions of this Statute. The amendments to the Rules of Procedure and Evidence as well as the provisional rules do not apply retroactively to the detriment of the person who is the subject of an investigation, prosecution or conviction.

5. In the event of a conflict between the Statute and the Rules of Procedure and Evidence, the Statute shall prevail.

(1) The judges shall adopt by an absolute majority, in accordance with this Statute and the Rules of Procedure and Evidence, the rules necessary for the daily functioning of the Court.

2. The Prosecutor and the Registrar shall be consulted for the preparation of the Rules of Court and any amendments thereto.

3. The Rules of Court and any amendments thereto shall take effect upon their adoption, unless the judges decide otherwise. They shall be communicated immediately after their adoption to the States Parties for observation. They shall remain in force if the majority of the States Parties do not object within six months.

(1) The Prosecutor shall, after assessing the information submitted to him or her, initiate an investigation, unless he concludes that there is no reasonable basis for the prosecution under this Statute. In making its decision, the Prosecutor examines:

(a)

If the information in its possession provides a reasonable basis for believing that a crime within the jurisdiction of the Court has been or is in the process of being committed;

(b)

Whether the case is or would be admissible under s. 17; and

(c)

If there are serious reasons to believe, given the seriousness of the crime and the interests of the victims, that an investigation would not serve the interests of justice.

If the Tribunal finds that there is no reasonable basis for proceeding and that conclusion is based exclusively on the considerations set out in para. (c) the Prosecutor shall inform the Pre-Trial Chamber accordingly.

2. If, after investigation, the Prosecutor concludes that there is not a sufficient basis for prosecution:

(a)

Because there is not a sufficient basis, in law or in fact, to request an arrest warrant or subpoena pursuant to s. 58;

(b)

Because the case is inadmissible under s. 17; or

(c)

Because it would not serve the interests of justice, taking into account all the circumstances, including the seriousness of the crime, the interests of the victims, the age or disability of the alleged perpetrator and his or her role in the alleged crime;

He or she shall inform the Court of its conclusion and of the reasons for the reasons given by the Pre-Trial Chamber and the State which has referred the situation to it in accordance with Art. 14, or the Security Council if it is a situation referred to in s. 13, para. (b).

3. A)

At the request of the State which has referred the situation in accordance with Art. 14, or the Security Council if it is a situation referred to in s. 13, para. (b) the Pre-Trial Chamber may examine the decision not to prosecute the Prosecutor under s. 1 or 2 and ask the Prosecutor to reconsider.

(b)

In addition, the Pre-Trial Chamber may, on its own initiative, consider the decision of the Prosecutor not to proceed if that decision is based exclusively on the considerations set out in s. 1, para. (c) and para. 2, para. (c). In such cases, the decision of the Prosecutor shall have effect only if confirmed by the Pre-Trial Chamber.

4. The Prosecutor may at any time reconsider his decision whether or not to initiate an investigation or whether or not to initiate proceedings in the light of new facts or information.

1. The Prosecutor:

(a)

To establish the truth, extends the investigation to all facts and evidence which may be useful in determining whether there is criminal liability in the light of this Statute and, in so doing, investigating both the burden and the discharge;

(b)

Takes measures to ensure the effectiveness of investigations and prosecutions of crimes within the jurisdiction of the Court. In so doing, he shall have regard to the interests and personal circumstances of the victims and witnesses, including their age, sex, as defined in art. 7, para. 3, and their state of health; it also takes into account the nature of the crime, particularly when it involves sexual violence, gender-based violence or violence against children; and

(c)

Fully respects the rights of the persons set out in this Statute.

2. The Prosecutor may investigate the territory of a State:

(a)

In accordance with the provisions of chap. IX; or

(b)

With the authorization of the Pre-Trial Chamber under s. 57, para. 3, para. (d).

3. The Prosecutor may:

(a)

Collect and review evidence;

(b)

Convening and interviewing persons under investigation, victims and witnesses;

(c)

Seek the cooperation of any State or intergovernmental organization or intergovernmental agreement in accordance with their respective powers or mandate;

(d)

Conclude any arrangements or agreements which are not contrary to the provisions of this Statute and may be necessary to facilitate the cooperation of a State, an intergovernmental organization or a person;

(e)

Undertake not to disclose at any stage of the proceedings any documents or information obtained under the condition that they remain confidential and serve only to obtain new evidence, unless the person who provided the information Consents to their disclosure; and

(f)

Take, or request, measures to ensure the confidentiality of the information collected, the protection of persons or the preservation of the evidence.

1. In an investigation initiated under this Statute, a person shall:

(a)

Is not required to testify against herself or to confess guilt;

(b)

Is not subjected to any form of coercion, coercion or threat, or to torture or other forms of punishment or cruel, inhuman or degrading treatment;

(c)

Receives free of charge, if not interviewed in a language which it understands and speaks perfectly, with the assistance of a competent interpreter and all translations required by the requirements of the equity; and

(d)

Shall not be arbitrarily arrested or detained; it shall not be deprived of its liberty except for the reasons and according to the procedures provided for in this Statute.

2. Where there is reason to believe that a person has committed a crime within the jurisdiction of the Court and that such person is to be questioned, either by the Prosecutor or by the national authorities pursuant to an application under chap. IX, this person has the following rights, of which she is informed before being questioned:

(a)

Be informed before being questioned that there is reason to believe that it has committed a crime within the jurisdiction of the Court;

(b)

To remain silent, without any consideration being given to the determination of guilt or innocence;

(c)

Be assisted by the defender of his choice or, if it does not, by an ex officio defender whenever the interests of justice so require, without having to pay compensation in that case if it does not have the means; and

(d)

Be questioned in the presence of her counsel, unless she has voluntarily waived her right to be assisted by counsel.

1. A)

Where the Prosecutor considers that an investigation provides a unique opportunity, which may no longer arise, to collect testimony or evidence, or to examine, collect or verify evidence for the purpose of a trial, Notifies the Pre-Trial Chamber.

(b)

The Pre-Trial Chamber may then, at the request of the Prosecutor, take any measures to ensure 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 also inform him of the circumstance referred to in para. (a) the person who has been arrested or has appeared on a citation issued in the course of the investigation, so that the person may be heard.

2. The measures referred to in par. 1, para. (b) may consist of:

(a)

Make recommendations or make orders regarding the procedures to be followed;

(b)

To order that the proceedings be kept verbatim;

(c)

Appoint an expert;

(d)

To authorize counsel for a person who has been arrested, or has appeared before the Court on citing, to participate in the proceedings or, where the arrest or appearance has not yet taken place or the lawyer has not yet been chosen, to appoint a lawyer Who will take charge of the defence interests and represent them;

(e)

To appoint one of its members or, if necessary, one of the available judges of the Pre-Trial Division or the Trial Division, to make recommendations or make orders concerning the gathering and preservation of Evidence and hearings of individuals;

(f)

To take any other action necessary to collect or preserve evidence.

3. A)

Where the Prosecutor has not requested the measures referred to in this Article, but the Pre-Trial Chamber is of the opinion that such measures are necessary to preserve evidence that it considers essential for the defence during the trial, Consult with the Prosecutor to determine whether the Prosecutor had good reason not to request the measures in question. If, after consultation, it concludes that the failure to request these measures is not justified, it may take action on its own initiative.

(b)

The Prosecutor may appeal against the decision of the Pre-Trial Chamber to act on its own initiative under this paragraph. This appeal is examined under an expedited procedure.

4. The admissibility of evidence preserved or collected for the purposes of the trial under this section, or the recording of such evidence, shall be governed by s. 69, their value being that given to them by the Trial Chamber.

Unless otherwise provided in this Statute, the Pre-Trial Chamber shall carry out its functions in accordance with the provisions of this Article.

2. A)

Decisions made by the Pre-Trial Chamber under s. 15, 18, 19, 54, para. 2, 61, para. 7, and 72 are taken by a majority of its component judges.

(b)

In all other cases, only one judge of the Pre-Trial Chamber may exercise the functions provided for in this Statute, except as otherwise provided in the Rules of Procedure and Evidence or contrary decision of the Pre-Trial Chamber Majority.

Independently of the other functions assigned to it under this Statute, the Pre-Trial Chamber may:

(a)

At the request of the Prosecutor, make orders and issue warrants that may be necessary for the purposes of an investigation;

(b)

At the request of a person who has been arrested or has appeared on a citation in accordance with s. 58, make any order, including measures as referred to in s. 56, or apply for any competition under chap. IX may be required to assist the person in the preparation of his or her defence;

(c)

Where necessary, ensure the protection and respect of the privacy of victims and witnesses, the preservation of evidence, the protection of persons who have been arrested or have appeared on citation, and the protection of information Affecting national security;

(d)

Authorise the Prosecutor to take certain measures of investigation in the territory of a State Party without ensuring the cooperation of that State under chap. IX if, having taken account to the extent possible of the views of that State, it has determined that in the present case it is manifestly incapable of responding to a request for cooperation because no authority or competent component of its apparatus The national judicial system is not available in response to a request for cooperation under chap. IX

(e)

When an arrest warrant or subpoena has been issued under s. 58, seek the cooperation of States under Art. 93, para. 1, para. (k), taking due account of the strength of the evidence and the rights of the parties concerned, as provided for in this Statute and in the Rules of Procedure and Evidence, to take protective measures for the purposes of Confiscation, particularly in the best interests of the victims.

At any time after the initiation of an investigation, the Pre-Trial Chamber shall, at the request of the Prosecutor, issue an arrest warrant against a person if, after consideration of the request and the evidence or other information provided by the Prosecutor, She is convinced:

(a)

There are reasonable grounds to believe that the person committed a crime within the jurisdiction of the Court; and

(b)

That the arrest of this person appears necessary to ensure:

(i)

The person will appear;

(ii)

It will not impede the investigation or proceedings before the Court, nor will it jeopardize the conduct of the investigation or proceeding; or

(iii)

Where applicable, that it will not pursue the execution of the crime of which it is or a related crime within the jurisdiction of the Court and occurs in the same circumstances.

2. The request of the Prosecutor shall contain the following:

(a)

The name of the individual and any other useful elements of identification;

(b)

A specific reference to the crime within the jurisdiction of the Court that the person is alleged to have committed;

(c)

A summary statement of the facts alleged to constitute this crime;

(d)

A summary of evidence that gives reasonable grounds to believe that the person committed the crime; and

(e)

The reasons why the Prosecutor considers it necessary to arrest the person.

3. The arrest warrant contains the following:

(a)

The name of the individual and any other useful elements of identification;

(b)

A specific reference to the crime within the jurisdiction of the Court that justifies the arrest; and

(c)

Summary of the facts alleged to constitute this crime.

4. The arrest warrant remains in force as long as the Court has not decided otherwise.

5. On the basis of the arrest warrant, the Court may request the provisional arrest or arrest and surrender of the person in accordance with chap. IX.

6. The Prosecutor may request the Pre-Trial Chamber to amend the arrest warrant by re-requalifying the crimes in question or by adding new crimes. The Pre-Trial Chamber shall amend the arrest warrant if it has reasonable grounds to believe that the person has committed the reclaimed crimes or the new crimes.

7. The Prosecutor may request the Pre-Trial Chamber to issue a summons instead of an arrest warrant. If the Pre-Trial Chamber is satisfied that there are reasonable grounds to believe that the person committed the crime charged to it and that a summons is sufficient to ensure that it will appear before the Court, it shall issue the citation, With or without conditions restricting freedom (other than detention) if the national legislation so provides. The citation contains the following elements:

(a)

The name of the individual and any other useful elements of identification;

(b)

The date of appearance;

(c)

A specific reference to the crime within the jurisdiction of the Court that the person is alleged to have committed; and

(d)

Summary of the facts alleged to constitute the crime.

The citation shall be notified to the person to whom it relates.

(1) The State Party which has received a request for provisional arrest or arrest and surrender shall immediately take measures to arrest the person in question in accordance with its legislation and the provisions of the chap. IX.

(2) Any person arrested shall immediately be referred to the competent judicial authority of the State of detention, who shall verify, in accordance with the law of that State:

(a)

The mandate is for that person;

(b)

The person has been arrested in accordance with due process; and

(c)

That his rights have been respected.

The arrested person has the right to apply to the competent authority of the custodial State for provisional release pending surrender.

4. When deciding on this request, the competent authority of the State of detention shall examine whether, having regard to the gravity of the alleged crimes, the urgency and exceptional circumstances justify the provisional release and whether the guarantees That the State of detention can fulfil its obligation to surrender the person to the Court. The competent authority of the State of detention may not consider whether the arrest warrant has been issued regularly in relation to s. 58, para. 1, para. (a) and (b).

5. The Pre-Trial Chamber shall be notified of any request for provisional release and shall make recommendations to the competent authority of the State of detention. Before making its decision, the Commission takes full account of these recommendations, including those relating to measures to prevent the escape of the person.

6. If interim release is granted, the Pre-Trial Chamber may request periodic reports on the interim freedom regime.

7. Once ordered to surrender by the State of detention, the person shall be delivered to the Court as soon as possible.

1. As soon as the person is surrendered to the Court or as soon as the person appears before the Court, voluntarily or upon quotation, the Pre-Trial Chamber shall verify that it has been informed of the crimes attributed to it and of the rights granted to it by the present Statute, Including the right to apply for interim release pending trial.

2. A person subject to an arrest warrant may apply for interim release pending trial. If the Pre-Trial Chamber is satisfied that the conditions set out in s. 58, para. 1, are carried out, the person is held in custody. Otherwise, the Pre-Trial Chamber shall release it, with or without conditions.

3. The Pre-Trial Chamber shall periodically review its decision on release or detention. It may do so at any time at the request of the Prosecutor or the person concerned. It may then amend its decision concerning detention, release or the conditions of detention if it is satisfied that the changing circumstances justify it.

4. The Pre-Trial Chamber shall ensure that pre-trial detention is not prolonged unreasonably because of an unjustifiable delay caused by the Prosecutor. If such a delay occurs, the Court shall examine the possibility of placing the person concerned at liberty, with or without conditions.

5. If necessary, the Pre-Trial Chamber may issue an arrest warrant to ensure the appearance of a person who has been released.

1. Subject to subs. 2, within a reasonable period of time following the surrender of the person to the Court or his or her voluntary appearance before the Court, the Pre-Trial Chamber shall hold a hearing to confirm the charges on which the Prosecutor intends to rely on the request for dismissal Judgment. The hearing shall take place in the presence of the Prosecutor and the person who is the subject of the investigation or prosecution, as well as the Board of the Prosecutor.

2. The Pre-Trial Chamber may, at the request of the Prosecutor or on its own initiative, hold a hearing in the absence of the person concerned to confirm the charges on which the Prosecutor intends to rely on the request for judgment when the Person:

(a)

Has waived its right to be present; or

(b)

He fled or was not found, and all that was reasonably possible was done to ensure his appearance before the Court and inform him of the charges against her and the upcoming hearing to confirm these Charges.

In such cases, the person is represented by counsel when the Pre-Trial Chamber determines that this serves the interests of justice.

3. Within a reasonable time before the hearing, the person:

(a)

Receives written notification of the charges on which the Prosecutor intends to rely on the request for judgment; and

(b)

Shall be informed of the evidence on which the Prosecutor intends to rely at the hearing.

The Pre-Trial Chamber may make orders concerning the disclosure of information for the purpose of the hearing.

4. Prior to the hearing, the Prosecutor may continue the investigation and may amend or withdraw charges. The person concerned shall be notified of any amendment or withdrawal of charges within a reasonable period of time before the hearing. In the event of a withdrawal of charges, the Prosecutor shall inform the Pre-Trial Chamber of the reasons for the withdrawal.

5. At the hearing, the Prosecutor shall support each of the charges with sufficient evidence to establish substantial grounds for believing that the person committed the crime attributed to him or her. It may be based on evidence in the form of documents or abstracts and is not required to subpoena witnesses who are required to file at the trial.

6. At the hearing, the person may:

(a)

Challenge the charges;

(b)

Challenge the evidence produced by the Prosecutor; and

(c)

Present evidence.

7. At the conclusion of the hearing, the Pre-Trial Chamber shall determine whether there is sufficient evidence to give substantial grounds for believing that the person has committed each of the crimes charged to it. According to its determination, the Pre-Trial Chamber:

(a)

Confirms the charges for which it has concluded that there is sufficient evidence and refers the person before a chamber of first instance to be judged on the basis of the confirmed charges;

(b)

Does not confirm the charges for which it has concluded that there is insufficient evidence;

(c)

Adjourns the hearing and asks the Prosecutor to consider:

(i)

Provide additional evidence or conduct new investigations in relation to a particular load; or

(ii)

To amend a charge if the evidence produced appears to establish that a different crime, within the jurisdiction of the Court, has been committed.

8. Where the Pre-Trial Chamber does not confirm a charge, it shall not be prohibited for the Prosecutor to request confirmation of the charge at a later date if he/she supports his request for further evidence.

9. After confirmation of the charges and before the trial begins, the Prosecutor may amend the charges with the authorization of the Pre-Trial Chamber and after the accused has been notified. If the Prosecutor intends to add additional charges or substitute for more serious charges, a hearing shall be held in accordance with this Article to confirm the new charges. After the opening of the trial, the Prosecutor may withdraw the charges with the authorization of the Trial Chamber.

10. Any warrant already issued ceases to have effect in respect of any office not confirmed by the Pre-Trial Chamber or withdrawn by the Prosecutor.

11. As soon as the charges have been confirmed in accordance with this Article, the Presidency shall constitute a chamber of first instance which, subject to subs. 9 and art. 64, para. 4, conducts the next phase of the proceedings and may, for that purpose, complete any function of the Pre-Trial Chamber in this case.

Unless otherwise decided, the trial shall be held at the seat of the Court.

1. The accused is present at his trial.

2. If the accused, present before the Court, persistently disturbates the conduct of the trial, the Trial Chamber may order his expulsion from the courtroom and shall ensure that he follows the trial and gives instructions to Advice from outside the room, if necessary using the technical means of communication. Such measures shall be taken only in exceptional circumstances, when other reasonable solutions have proved fruitless and only for the strictly necessary duration.

The functions and powers of the Trial Chamber set forth in this Article shall be exercised in accordance with the Statute and the Rules of Procedure and Evidence.

2. The Trial Chamber shall ensure that the trial is conducted in a fair and expeditious manner, with full respect for the rights of the accused and with full respect for the need to ensure the protection of victims and witnesses.

(3) Where a case is referred to judgment in accordance with this Statute, the Trial Chamber to which it is assigned shall:

(a)

Consults the parties and adopts all procedures relevant to the fair and expeditious conduct of the proceeding;

(b)

Determines the language or languages of the trial; and

(c)

Subject to any other applicable provisions of this Statute, shall ensure the disclosure of documents or information which have not yet been disclosed, sufficiently early before the commencement of the trial to allow for sufficient preparation of the case.

4. The Trial Chamber may, if necessary to ensure its efficient and equitable functioning, submit preliminary questions to the Pre-Trial Chamber or, if necessary, to another available judge of the Pre-Trial Division.

(5) The Trial Chamber may, by notifying the parties, order the junction or disjunction, as the case may be, of the charges against several accused persons.

6. In carrying out his duties before or during a trial, the Trial Chamber may, if necessary,:

(a)

Assume all of the duties of the Pre-Trial Chamber under s. 61, para. 11;

(b)

Order the appearance of witnesses and their hearings and the production of documents and other evidence, by obtaining the assistance of States, as necessary, in accordance with the provisions of this Statute;

(c)

Protecting confidential information;

(d)

Order the production of evidence in addition to those that were collected before the trial or brought to trial by the parties;

(e)

Ensure the protection of the accused, witnesses and victims; and

(f)

Decide on any other relevant matter.

7. The trial is public. However, the Trial Chamber may, because of special circumstances, decide in camera for certain hearings for the purposes set out in s. 68 or to protect confidential or sensitive information given in the depositions.

8. (a)

At the opening of the trial, the Trial Chamber shall read to the accused the charges previously confirmed by the Pre-Trial Chamber. The Trial Chamber shall ensure that the accused understands the nature of the charges. It gives the accused the opportunity to plead guilty according to what is provided for in s. 65, or plead not guilty.

(b)

At trial, the President may give instructions for the conduct of the proceedings, in particular for the conduct of the proceedings to be conducted in a fair and impartial manner. Subject to any instructions by the President, the parties may produce evidence in accordance with the provisions of this Statute.

9. The Trial Chamber may, in particular, at the request of a party or ex officio:

(a)

Determine the admissibility or relevance of the evidence; and

(b)

Take all necessary measures to ensure order at the hearing.

10. The Trial Chamber shall ensure that the Registrar shall establish and maintain a full trial record of the proceedings.

1. Where the accused acknowledges his or her guilt as provided for in s. 64, para. 8, para. (a), the Trial Chamber shall determine:

(a)

Whether the accused understands the nature and consequences of his admission of guilt;

(b)

If the admission of guilt has been made voluntarily after sufficient consultation with the accused's counsel; and

(c)

If the admission of guilt is supported by the facts of the case as evidenced by:

(i)

Charges submitted by the Prosecutor and admitted by the accused;

(ii)

All documents submitted by the Prosecutor accompanying the charges and which the accused accepts; and

(iii)

Any other evidence, such as testimony, submitted by the Prosecutor or the accused.

2. If the Trial Chamber is satisfied that the conditions referred to in s. 1 is satisfied that the admission of guilt, together with all the additional evidence presented, establishes all the elements of the crime on which it relates, and may recognize the accused guilty of the crime.

3. If the Trial Chamber is not satisfied that the conditions referred to in s. 1, it considers that there has been no admission of guilt, in which case it orders that the trial be continued in accordance with the normal procedures laid down in this Statute and may refer the case to another Trial Chamber.

4. If the Trial Chamber is satisfied that a more complete presentation of the facts of the case would be in the interests of justice, in particular in the interests of the victims, it may:

(a)

Ask the Prosecutor to present additional evidence, including testimony of witnesses; or

(b)

Order that the trial be continued in accordance with the normal procedures provided for in this Statute, in which case it considers that there has been no admission of guilt and may refer the case to another Trial Chamber.

5. Any discussion between the Prosecutor and the defence relating to the modification of the charges, the admission of guilt or the sentence to be given shall not involve the Court.

1. Every person shall be presumed innocent until proven guilty before the Court in accordance with the applicable law.

2. The onus is on the Prosecutor to prove the guilt of the accused.

3. In order to convict the accused, the Court must be satisfied that it is guilty beyond reasonable doubt.

(1) In considering the charges against him, the accused shall have the right to a public hearing, taking into account the provisions of this Statute, fairly and impartially. It is entitled, in full equality, to at least the following guarantees:

(a)

Be informed promptly and in detail of the nature, cause and content of the charges in a language which he understands and speaks perfectly;

(b)

Have the time and facilities necessary to prepare their defence and communicate freely and confidentially with the Board of their choice;

(c)

Be tried without undue delay;

(d)

Subject to the provisions of subs. 2 of the art. 63, be present at trial, defend himself or be assisted by the defender of his choice; if he has no defender, be informed of his right to have one and, whenever the interest of justice so requires, be assigned ex officio one Advocate by the Court, free of charge if he does not have the means to pay him;

(e)

Interrogating or interrogating witnesses and obtaining the appearance and examination of the witnesses to be discharged under the same conditions as the witnesses to whom they are responsible. The accused also has the right to defence and to submit other admissible evidence under this Statute;

(f)

Shall be assisted free of charge by a competent interpreter and shall have the necessary translations to satisfy the requirements of fairness, if the language used in any procedure followed before the Court or in any document submitted to the Court is Not a language that he understands and speaks perfectly;

(g)

Not be compelled to testify against himself or to confess guilt, and to remain silent without regard to his or her guilt or innocence;

(h)

Make, without taking an oath, a written or oral statement for his or her defence; and

(i)

Not be required to reverse the burden of proof or the burden of rebuttal.

2. In addition to any other communication provided for in this Statute, the Prosecutor shall, as soon as possible, communicate to the defence the evidence in his possession or at his disposal which he considers to be exonerating the accused or Dispelling or mitigating guilt, or are likely to undermine the credibility of the evidence. In case of doubt as to the application of this paragraph, the Court shall decide.

1. The Court shall take appropriate measures to protect the safety, physical and psychological well-being and dignity and privacy of victims and witnesses. In so doing, it takes into account all relevant factors, including age, gender as defined in s. 7, para. 3, and the state of health, as well as the nature of the crime, in particular, but not limited to it, when it is accompanied by sexual violence, sexist violence or violence against children. The Prosecutor shall take such measures in particular at the investigation and prosecution stage. Such measures shall not be prejudicial to or contrary to the rights of the defence and the requirements of a fair and impartial trial.

2. With the exception of the principle of advertising the debates set out in s. 67, the Chambers of the Court may, in order to protect the victims and witnesses or an accused, order the in camera for any part of the proceedings or allow the depositions to be collected by electronic or other means Special means. Such measures shall be applied in particular to a victim of sexual violence or to a child who is a victim or witness, unless the Court decides otherwise in all the circumstances, in particular the views of the victim Or the witness.

3. Where the personal interests of the victims are concerned, the Court shall allow their views and concerns to be set out and examined at stages of the proceedings which it considers appropriate and in a manner which is neither prejudicial nor detrimental The rights of the defence and the requirements of a fair and impartial trial. Such views and concerns may be exposed by the legal representatives of the victims where the Court considers it appropriate, in accordance with the Rules of Procedure and Evidence.

4. The Victims and Witnesses Unit may advise the Prosecutor and the Court on protective measures, security arrangements and counselling and assistance activities referred to in s. 43, para. 6.

(5) Where the disclosure of evidence and information under this Statute may seriously endanger a witness or members of his or her family, the Prosecutor may, in any proceedings instituted before the commencement of the trial, Not disclose or summarize such evidence or information. Such measures must be applied in a manner that is neither detrimental nor contrary to the rights of the defence and the requirements of a fair and impartial trial.

(6) A State may request that the necessary measures be taken to ensure the protection of its officials or agents and the protection of confidential or sensitive information.

1. Before filing, each witness, in accordance with the Rules of Procedure and Evidence, is committed to telling the truth.

2. Witnesses shall be heard in person at a hearing, subject to the measures provided for in Art. 68 or in the Rules of Procedure and Evidence. The Court may also authorise a witness to present oral evidence or video or audio recording, and to submit written documents or transcripts, subject to the provisions of this Statute and in accordance with the Rules of Procedure Procedure and evidence. Such measures shall not be prejudicial or contrary to the rights of the defence.

3. The parties may present evidence relevant to the case, in accordance with s. 64. The Court has the power to request the presentation of all the evidence it deems necessary for the manifestation of the truth.

4. The Court may decide on the relevance and admissibility of any evidence in accordance with the Rules of Procedure and Evidence, taking into account, inter alia, the probative value of that evidence and the possibility that it may interfere with Fairness of the trial or a fair assessment of the testimony of a witness.

5. The Court shall respect the rules of confidentiality as set out in the Rules of Procedure and Evidence.

6. The Court does not require proof of the facts which are well known, but it does so by judicial review.

7. The evidence obtained by means of a plea in violation of this Statute or internationally recognized human rights shall not be admissible:

(a)

Whether the violation seriously questions the credibility of the evidence; or

(b)

Whether the admission of such evidence would prejudice the procedure and seriously impair its integrity.

8. Where the Court decides on the relevance or admissibility of evidence gathered by a State, the Court shall not rule on the application of the national legislation of that State.

1. The Court has jurisdiction over the following offences in its administration of justice when committed intentionally:

(a)

False testimony of a person who made a commitment to tell the truth pursuant to s. 69, para. 1;

(b)

Production of false or falsified evidence;

(c)

Witness subornation, manoeuvres to prevent a witness from appearing or depositing freely, reprisals against a witness by reason of his testimony, destruction or falsification of evidence, or obstructing the gathering of such witnesses Elements;

(d)

Intimidation of a member or officer of the Court, obstruct his or her action or influence peddled in order to induce him, by coercion or persuasion, not to carry out his duties or not to perform his duties as appropriate;

(e)

Reprisal against a member or officer of the Court by reason of the duties performed by the member or by another member or officer;

(f)

Soliciting or accepting an unlawful payment by a member or an agent of the Court in the course of his or her official duties.

2. The principles and procedures governing the exercise by the Court of its jurisdiction over offences against the administration of justice under this Article are set out in the Rules of Procedure and Evidence. The arrangements for international cooperation with the Court in the implementation of the provisions of this Article shall be governed by the national law of the requested State.

3. In the case of conviction, the Court may impose a sentence of imprisonment not exceeding five years, or a fine provided for in the Rules of Procedure and Evidence, or both.

4. A)

States Parties shall extend the provisions of their criminal law which criminalize the violation of the integrity of their investigative procedures or of their judicial system in relation to the administration of justice under this Article committed on Their territory, or by one of their nationals.

(b)

At the request of the Court, a State Party shall refer the matter to its competent authorities for the purpose of prosecution whenever it deems it appropriate. These authorities deal with the issues with due diligence, by dedicating the necessary resources to effective action.

1. The Court may sanction misconduct at the hearing, including the disturbance of the hearing or the deliberate refusal to follow its instructions, through administrative measures other than imprisonment, such as temporary expulsion or Of the room, a fine or other similar measures provided for in the Rules of Procedure and Evidence.

2. The sanctions regime indicated in par. 1 is set out in the Rules of Procedure and Evidence.

(1) This Article shall apply in all cases where the disclosure of information or documents of a State would prejudice, in the opinion of that State, the interests of its national security. These cases are, in particular, those under s. 56, para. 2 and 3, art. 61, para. 3, art. 64, para. 3, art. 67, para. 2, art. 68, para. 6, art. 87, para. 6, and art. 93, as well as cases, at any other stage of the proceedings, where such disclosure may be at issue.

(2) This Article shall also apply where a person who has been invited to furnish information or evidence refused to do so or referred it to the State on the ground that their disclosure would prejudice the interests of a State in And where that State confirms that, in its opinion, the disclosure of such information would prejudice the interests of its national security.

3. Nothing in this section shall affect the confidentiality standards applicable under s. 54, para. 3, para. (e) and (f), or the application of s. 73.

4. If a State learns that information or documents of the State are or will likely be disclosed at any stage of the proceedings, and if it considers that such disclosure would prejudice the interests of its national security, that State Has the right to intervene in order to obtain the settlement of the matter in accordance with the provisions of this Article.

5. Where a State considers that the disclosure of information would prejudice the interests of its national security, it shall, in conjunction with the Prosecutor, take the defence, the Pre-Trial Chamber or the Trial Chamber, as the case may be, all Reasonable measures to find a solution through consultation. Such measures may include:

(a)

Amend or specify the application;

(b)

To have the Court decide the relevance of the requested information or evidence, or whether the evidence, while relevant, could be or have been obtained from a source other than the requested State;

(c)

Obtain the information or evidence from another source or in a different form; or

(d)

Reach agreement on the conditions under which assistance could be provided, in particular through the communication of summaries or corrected versions, the imposition of restrictions on disclosure, the use of in camera proceedings, or Ex parte , or the application of other protection measures authorized by the Statute or the Rules of Procedure and Evidence.

6. Where all reasonable measures have been taken to resolve the matter through consultation and the State considers that there are no means or conditions that would enable it to communicate or disclose the information or Documents without prejudice to the interests of its national security, it shall notify the Prosecutor or the Court by indicating the specific reasons which led to that conclusion, unless a precise statement of those reasons is necessarily in itself Undermining the national security interests of the State.

7. Thereafter, if the Court determines that the evidence is relevant and necessary for the establishment of the guilt or innocence of the accused, the Court may take the following measures:

(a)

When the disclosure of the information or document is requested in the context of a request for cooperation under chap. IX or in the circumstances described in s. 2, and that the State invoked the ground for refusal referred to in Art. 93, para. 4:

(i)

The Court may, before drawing the conclusion referred to in s. 7, para. (a) (ii) request the holding of further consultations for the purpose of considering the State's observations, including, where appropriate, the holding of in camera hearings and Ex parte ;

(ii)

If the Court finds that on the basis of the ground of refusal set out in s. 93, para. 4, in the circumstances of the case, the requested State shall not act in accordance with its obligations under this Statute, it may refer the case in accordance with Art. 87, para. 7, specifying the reasons for its conclusion; and

(iii)

The Court may draw any conclusion it considers appropriate in this case, when it considers the accused, as to the existence or non-existence of a fact; or

(b)

In all other circumstances:

(i)

Order disclosure; or

(ii)

To the extent that it does not order disclosure, to draw any conclusion that it considers appropriate in this case, when it considers the accused, as to the existence or non-existence of a fact.

If a State Party is required by the Court to provide a document or information in its possession, custody or control which has been communicated to it in confidence by a State, an intergovernmental organization or an organization He requests the person to whom the information relates or the authorization to disclose it. If the person who has communicated the information or the document is a State Party, it consents to the disclosure of the information or document, or endeavours to settle the matter with the Court, subject to the provisions of Art. 72. If the person who has communicated the information or document is not a State Party and refuses to consent to the disclosure, the requested State shall inform the Court that it is not in a position to provide the document or the information on account of an obligation Of confidentiality in respect of the person to whom it is held.

1. All judges of the Trial Chamber shall attend each stage of the trial and all proceedings. The Presidency may designate, on a case-by-case basis, one or more alternate judges, on the basis of availability, to also attend all phases of the trial and to replace a member of the Trial Chamber who could not continue to Sit.

2. The Trial Chamber shall base its decision on its assessment of the evidence and on all proceedings. Its decision cannot go beyond the facts and circumstances described in the charges and the changes made to them. It is based exclusively on the evidence produced and examined at the trial.

3. The judges shall endeavour to take their decision unanimously, failing which they shall take it by a majority.

4. The proceedings of the Trial Chamber shall be and remain secret.

5. The decision shall be in writing. It contains the full and reasoned statement of the findings of the Trial Chamber on the evidence and conclusions. It is no more than one decision. If there is no unanimity, the decision contains the views of the majority and the minority. The decision or its summary is read out in a public hearing.

1. The Court shall establish principles applicable to forms of reparation, such as restitution, compensation or rehabilitation, to be granted to victims or their successors in title. On this basis, the Court may, on request, or on its own initiative in exceptional circumstances, determine in its decision the extent of the damage, loss or damage caused to the victims or their successors in title, indicating the principles On which it bases its decision.

2. The Court may make an order against a convicted person indicating the reparation to be granted to the victims or their successors in title. Such compensation may take the form of restitution, compensation or rehabilitation.

Where appropriate, the Court may decide that compensation for compensation shall be paid through the fund referred to in s. 79.

3. Before making an order under this Article, the Court may apply, and shall take into account, the observations of the convicted person, the victims, other interested persons or States concerned, and the observations Made on behalf of such persons or States.

4. When exercising the power conferred on it by this section and after a person has been convicted of a crime within its jurisdiction, the Court may determine whether it is necessary to give effect to the orders made by the person under that jurisdiction. Of this section, to request measures under s. 93, para. 1.

5. States Parties shall enforce decisions taken under this Article as if the provisions of Art. 109 were applicable to this Article.

6. The provisions of this Article shall be without prejudice to the rights granted to victims by domestic or international law.

1. In the event of a finding of guilt, the Trial Chamber shall determine the penalty to be applied, taking into account the relevant findings and evidence presented at the trial.

2. Except in cases where s. 65 shall apply and before the end of the trial, the Trial Chamber may, on its own motion, and at the request of the Prosecutor or the accused, hold an additional hearing to hear any new findings and any new Evidence relevant to the determination of the sentence in accordance with the Rules of Procedure and Evidence.

3. When s. 2 applies, the Trial Chamber shall hear the observations provided for in Art. 75 during the additional hearing referred to in s. 2 and, if necessary, in any new hearing.

4. The sentence shall be pronounced in open court and, where possible, in the presence of the accused.

1. Subject to s. 110, the Court may decide against a person convicted of a crime referred to in s. 5 of this Statute is one of the following:

(a)

A term of imprisonment of up to 30 years; or

(b)

A life sentence, if the extreme gravity of the crime and the personal circumstances of the convicted person justify it.

2. In the case of imprisonment, the Court may add:

(a)

A fine according to the criteria laid down in the Rules of Procedure and Evidence;

(b)

The confiscation of profits, property and assets derived directly or indirectly from the crime, without prejudice to the rights of bona fide third parties.

(1) In determining the sentence, the Court shall take into account, in accordance with the Rules of Procedure and Evidence, such considerations as the gravity of the crime and the personal situation of the convicted person.

2. When a sentence of imprisonment is imposed, the Court deduces the time that the convicted person has spent, on his or her order, in detention. She can also deduct any other period spent in custody because of a crime-related behaviour.

3. Where a person is convicted of several crimes, the Court shall sentence each crime and a single sentence indicating the total duration of imprisonment. This period may not be less than that of the heaviest individual sentence and may not be longer than 30 years or the life sentence provided for in s. 77, para. 1, para. (b).

1. A fund shall be established, by decision of the Assembly of States Parties, for the benefit of victims of crimes within the jurisdiction of the Court and their families.

2. The Court may order that the proceeds of the fines and any other property confiscated be paid to the fund.

3. The fund shall be administered in accordance with the principles established by the Assembly of States Parties.

Nothing in this chapter shall affect the application by States of the penalties provided for in their domestic law or the application of the law of States which do not provide for the penalties provided for in this Chapter.

1. It may be appealed, in accordance with the Rules of Procedure and Evidence, to a decision made under s. 74 as follows:

(a)

The Prosecutor may appeal for one of the following reasons:

(i)

Procedural defects;

(ii)

Mistake of fact;

(iii)

Error in law;

(b)

The person convicted, or the Prosecutor on behalf of that person, may appeal for one of the following reasons:

(i)

Procedural defects;

(ii)

Mistake of fact;

(iii)

Error in law;

(iv)

Any other ground that would compromise the fairness or regularity of the proceeding or decision.

2. A)

The Prosecutor or the convicted person may, in accordance with the Rules of Procedure and Evidence, appeal against the sentence imposed on the grounds of a disproportion between the accused and the crime.

(b)

If, on the occasion of an appeal against the sentence, the Court considers that there are grounds for the annulment of all or part of the decision on guilt, it may invite the Prosecutor and the offender to invoke the grounds Set out in s. 81, para. 1, para. (a) or (b), and rule on the decision on guilt in accordance with s. 83.

(c)

The same procedure applies if, in an appeal involving only the decision on guilt, the Court considers that there are grounds for a reduction of the sentence under s. 2, para. (a).

3. A)

Unless the Trial Chamber decides otherwise, the convicted person shall remain in custody during the appeal process.

(b)

Where the duration of the detention exceeds the duration of the sentence, the person convicted shall be released; however, if the Prosecutor also appeals, the release may be subject to the conditions set out in para. (c) below.

(c)

In the event of acquittal, the accused shall be released immediately, subject to the following conditions:

(i)

In exceptional circumstances, and depending, inter alia, on the risk of escape, the seriousness of the offence and the likelihood of a successful appeal, the Trial Chamber may, at the request of the Prosecutor, order the Detention of the accused during the appeal process;

(ii)

The decision of the Trial Chamber under subpara. (c) (i) is subject to appeal in accordance with the Rules of Procedure and Evidence.

4. Subject to the provisions of subs. 3, para. (a) and (b), the execution of the decision on guilt or punishment shall be suspended during the time allowed for appeal and during the appeal proceedings.

1. Any party may appeal, in accordance with the Rules of Procedure and Evidence, one of the following:

(a)

Decision on jurisdiction or admissibility;

(b)

A decision granting or denying the release of the person under investigation or prosecution;

(c)

Decision of the Pre-Trial Chamber to act on its own initiative under s. 56, para. 3;

(d)

A decision raising an issue that would significantly affect the fair and expeditious conduct of the proceedings or the outcome of the trial, and whose immediate settlement by the Appeals Chamber could, in the opinion of the Pre-Trial Chamber or The Trial Chamber, make substantial progress in the procedure.

2. The decision of the Pre-Trial Chamber referred to in s. 57, para. 3, para. (d) is subject to appeal by the State concerned or the Prosecutor, with the authorization of the Pre-Trial Chamber. This appeal is examined under an expedited procedure.

(3) The appeal shall have suspensory effect only if ordered by the Appeals Chamber on application in accordance with the Rules of Procedure and Evidence.

4. The legal representative of the victims, the convicted person or the bona fide owner of a property affected by an order made under s. 75 may appeal the order in accordance with the Rules of Procedure and Evidence.

1. For the purposes of s. 81 and in this section, the Appeals Chamber shall have all the powers of the Trial Chamber.

2. If the Appeals Chamber concludes that the procedure under appeal is vitiated to the point of prejudice to the regularity of the decision or the conviction, or that the decision or sentence under appeal is seriously Erred in fact or in law, it may:

(a)

Rescind or vary the decision or conviction; or

(b)

Order a new trial before a different court of first instance.

For these purposes, the Appeals Chamber may refer a question of fact to the original Trial Chamber so that it may decide the matter and report to it, or may itself request evidence in order to Decide. Where only the convicted person, or the Prosecutor on his or her behalf, has appealed the decision or sentence, the decision or conviction shall not be amended to the detriment of the convicted person.

3. If, in the appeal of a conviction, the Appeals Chamber finds that the sentence is disproportionate to the crime, it may amend it in accordance with chap. VII.

4. The judgment of the Appeals Chamber shall be adopted by a majority of the judges and delivered in open court. He is motivated. Where there is no unanimity, it shall contain the views of the majority and the minority, but a judge may present an individual opinion or a dissenting opinion on a question of law.

5. The Appeals Chamber may issue its judgment in the absence of the person acquitted or convicted.

1. The person convicted or, if the person has died, his or her spouse, children, parents or any person living at the time of his or her death that the person has authorized in writing specifically for that purpose, or the Prosecutor acting on behalf of that person, May refer a petition to the Appeals Chamber for review of the final decision on guilt or punishment for the following reasons:

(a)

Was discovered a new fact that:

(i)

Was not known at the time of the trial without the fact that this circumstance could be imputed, in whole or in part, to the applicant; and

(ii)

If it had been established at the trial, it would likely have resulted in a different verdict;

(b)

It was discovered that a decisive evidence, held at the trial and on the basis of which the guilt was established, was false, forged or falsified;

(c)

One or more of the judges who participated in the decision on the guilt or who confirmed the charges in that case have committed an act constituting a gross negligence or breach of their duties of sufficient gravity to justify that they Be relieved of their duties pursuant to s. 46.

2. The Appeals Chamber shall reject the application if it considers it to be unfounded. If the Commission considers that the request is based on valid grounds, it may, as appropriate:

(a)

Reconvene the Trial Chamber that rendered the original judgment;

(b)

Establish a new chamber of first instance; or

(c)

To remain seized of the case,

To determine, after hearing the parties in accordance with the procedures laid down in the Rules of Procedure and Evidence, whether the judgment should be revised.

1. Any person who has been the victim of unlawful arrest or detention is entitled to compensation.

2. When a final conviction is subsequently annulled because a new or newly revealed fact proves that a judicial error has occurred, the person who has suffered a sentence as a result of that conviction shall be compensated in accordance with To the law, unless it is proved that the non-disclosure in due time of the unknown fact is attributable to it in whole or in part.

3. In exceptional circumstances, if the Court finds, in the light of evidence, that a serious and manifest judicial error has been committed, it may, at its discretion, award compensation in accordance with the criteria set out in the Regulations Proceedings and evidence to a person who had been detained and was released as a result of a final acquittal or because the prosecution was terminated for that reason.

In accordance with the provisions of this Statute, States Parties shall cooperate fully with the Court in the investigation and prosecution of crimes within its jurisdiction.

1. A)

The Court shall be empowered to submit requests for cooperation to the States Parties. Such requests shall be transmitted through diplomatic channels or other appropriate channels which each State Party chooses at the time of ratification, acceptance or approval of, or accession to, this Statute.

Any subsequent change in the choice of the route of transmission shall be made by each State Party in accordance with the Rules of Procedure and Evidence.

(b)

Where appropriate, and without prejudice to the provisions of para. (a) applications may also be transmitted by the International Criminal Police Organization (INTERPOL) or by any competent regional organization.

2. Requests for cooperation and supporting documents shall be either written in an official language of the requested State or accompanied by a translation into that language, or written in one of the working languages of the Court or Accompanied by a translation into one of these languages, according to the choice made by the requested State at the time of ratification, acceptance or approval of this Statute or accession to it.

Any subsequent amendment of this choice shall be made in accordance with the Rules of Procedure and Evidence.

The requested State shall respect the confidentiality of the requests for cooperation and the supporting documents thereto, except to the extent that their disclosure is necessary in order to comply with the request.

4. With regard to requests for assistance under this Chapter, the Court may take, in particular with regard to the protection of information, measures which may be necessary to ensure security and welfare The physical or psychological of victims, potential witnesses and members of their families. The Court may request that any information provided under this Chapter be communicated and treated in such a way that the security and physical or psychological well-being of the victims, potential witnesses and members of the Their families.

5. (a)

The Court may invite any State not party to this Statute to provide assistance under this Chapter on the basis of an arrangement Ad hoc Agreement with that State or on any other appropriate basis.

(b)

If, having entered into an arrangement with the Court Ad hoc Or an agreement, a State not party to this Statute does not provide the assistance requested to it under that Agreement or Agreement, the Court may inform the Assembly of the States Parties, or the Security Council when it is the latter Has entered it.

6. The Court may request information or documents from any intergovernmental organization. It may also seek other forms of cooperation and assistance which it has agreed with an intergovernmental organization and which are in conformity with the powers or mandate of the intergovernmental organization.

7. If a State Party does not accede to a request for cooperation by the Court contrary to the provisions of this Statute, and thus prevents it from exercising the functions and powers conferred upon it by this Statute, the Court may take note of it and Refer to the Assembly of the States Parties or to the Security Council when it has entered it.

States Parties shall ensure that in their national legislation, procedures for the realization of all forms of cooperation referred to in this chapter are provided for.

(1) The Court may submit to any State in the territory of which a person is likely to be requested, together with the supporting documents referred to in Art. 91, for the arrest and surrender of that person, and shall seek the cooperation of that State for the arrest and surrender of the person. States Parties shall respond to any request for arrest and surrender in accordance with the provisions of this Chapter and the procedures provided for in their national legislation.

2. Where the person whose surrender is sought seizes a national court of a challenge based on the principle Ne bis in idem , as provided for in s. 20, the requested State shall immediately consult the Court to determine whether there has been a decision on admissibility in the present case. If it has been decided that the case is admissible, the requested State shall respond to the request. If the decision on admissibility is pending, the requested State may postpone the execution of the application until the Court has decided.

3. A)

States Parties shall authorise the transport through their territory, in accordance with the procedures provided for in their national legislation, of any person transferred to the Court by another State, except in the case of transit through their territory. Or delay the discount.

(b)

A request for transit shall be transmitted by the Court in accordance with Art. 87. It contains:

(i)

Reporting of the person being transported;

(ii)

A brief statement of the facts and their legal qualifications; and

(iii)

The warrant of arrest and surrender.

(c)

The person transported remains detained during transit.

(d)

No authorisation is required if the person is transported by air and no landing is foreseen in the territory of the transit State.

(e)

If an unscheduled landing takes place in the territory of the transit State, the transit State may require the Court to submit a request for transit in the forms prescribed in para. (b). The transit State shall place the person transported in detention until the request for transit is received and the transit is carried out effectively. However, detention under this paragraph shall not extend beyond 96 hours after the unscheduled landing if the application is not received within that period.

4. If the person sought is the subject of prosecution or carries out a sentence in the State required for a crime different from that for which his surrender to the Court is sought, that State, after having decided to accede to the application of the Court, shall consult it.

1. If a State Party receives from the Court, in accordance with Art. 89, an application for surrender and also receives from any other State a request for the extradition of the same person for the same conduct, which constitutes the basis of the crime for which the Court requests the surrender of that person, he shall so notify the Court and The requesting State.

2. Where the requesting State is a State Party, the requested State shall give priority to the application of the Court:

(a)

If the Court has decided, pursuant to s. 18 or 19, that the case concerning the application for surrender is admissible in the light of the investigation or prosecution initiated by the requesting State in connection with the request for extradition; or

(b)

If the Court makes the decision referred to in para. (a) as a result of the notification by the requested State under s. 1.

3. Where the Court has not made the decision referred to in s. 2, para. (a), the requested State may, if it so wishes, commence an investigation of the request for extradition of the requesting State pending the decision of the Court as provided for in para. (b). It does not extradite the person until the Court has found the case inadmissible. The Court shall decide on an accelerated procedure.

4. If the requesting State is a State not party to this Statute, the requested State, if it is not bound by an international obligation to extradite the person concerned to the requesting State, gives priority to the application for surrender of the Court, if the Court has held that The case was admissible.

5. When a case under s. 4 has not been ruled admissible by the Court, the requested State may, if it wishes, begin to hear the request for extradition from the requesting State.

6. In cases where s. 4 applies but that the requested State is bound by an international obligation to extradite the person to the non-requesting State, the requested State shall determine whether to surrender the person to the Court or extradite him to the requesting State. In its decision, it takes into account all relevant considerations, including:

(a)

The chronological order of applications;

(b)

The interests of the requesting State, in particular, where appropriate, the fact that the crime was committed in its territory and the nationality of the victims and the person sought; and

(c)

The possibility that the Court and the requesting State may subsequently reach an agreement concerning the surrender of that person.

7. If a State Party receives from the Court a request for surrender and also receives from another State a request for the extradition of the same person for a different conduct than that which constitutes the crime for which the Court requests the surrender:

(a) the requested State shall give priority to the application of the Court if it is not bound by an international obligation to extradite the person to the requesting State;

(b) if it is bound by an international obligation to extradite the person to the requesting State, the requested State shall either surrender the person to the Court or extradite him to the requesting State. It shall, in its choice, take into account all relevant considerations, including those set out in s. 6, but places particular emphasis on the nature and relative gravity of the conduct in question.

8. Where, following a notification received under this Article, the Court has found a case inadmissible and the extradition to the requesting State is subsequently refused, the requested State shall notify the Court of that decision.

1. A request for arrest and surrender shall be made in writing. In the event of an emergency, it may be made by any means leaving a written record, provided that it is confirmed in accordance with the procedure laid down in Art. 87, para. 1, para. (a).

2. If the application relates to the arrest and surrender of a person who is the subject of a warrant issued by the Pre-Trial Chamber under s. 58, it contains or is accompanied by a file containing the following supporting documents:

(a)

The identification of the person sought, sufficient to identify the person, and information about where it is likely to be located;

(b)

A copy of the arrest warrant; and

(c)

Documents, declarations and information which may be required in the State required to carry out the surrender; however, the requirements of the requested State must not be heavier in this case than in that of the extradition requests submitted In application of treaties or arrangements between the requested State and other States and should even, if possible, be less so, having regard to the particular character of the Court.

3. If the application relates to the arrest and surrender of a person who has already been convicted, it contains or is accompanied by a file containing the following supporting documents:

(a)

A copy of any arrest warrant for that person;

(b)

A copy of the judgment;

(c)

Information that the person sought is the person to whom the judgment relates; and

(d)

If the person sought has been sentenced to a sentence, a copy of the conviction, with, in the case of a sentence of imprisonment, an indication of the time already completed and the time remaining to be accomplished.

4. At the request of the Court, a State Party shall maintain with the Court, either in general terms or on a particular issue, consultations on the conditions laid down in its domestic legislation which may apply in accordance with s. 2, para. (c). During these consultations, the State Party shall inform the Court of the specific requirements of its legislation.

1. In the event of an emergency, the Court may request the provisional arrest of the person sought pending the submission of the request for surrender and the supporting documents referred to in Art. 91.

2. The request for provisional arrest shall be made by any means leaving a written record and shall contain:

(a)

The identification of the person sought, sufficient to identify the person, and information about where it is likely to be located;

(b)

The summary statement of the crimes for which the person is being sought and the facts that would constitute the crimes, including, if possible, the date and place where they occurred;

(c)

A statement affirming the existence of the person sought for an arrest warrant or a finding of guilt; and

(d)

A statement indicating that a request for the return of the person sought will follow.

3. A person provisionally arrested may be released if the requested State has not received the request for surrender and the supporting documents referred to in Art. 91 within the time limit prescribed by the Rules of Procedure and Evidence. However, that person may consent to surrender before the expiration of that period if the law of the requested State so permits. In such a case, the requested State shall proceed as soon as possible to its surrender to the Court.

4. The release of the person sought under s. 3, shall be without prejudice to his subsequent arrest and surrender if the application for surrender accompanied by the supporting documents is subsequently submitted.

(1) States Parties shall, in accordance with the provisions of this Chapter and the procedures provided for in their national legislation, grant requests for assistance of the Court related to an investigation or prosecution and concerning:

(a)

The identification of a person, the location of the person or the location of the property;

(b)

The gathering of evidence, including sworn statements, and the production of evidence, including the expertise and reports required by the Court;

(c)

The questioning of persons under investigation or prosecution;

(d)

The meaning of documents, including procedural documents;

(e)

Measures to facilitate voluntary appearance before the Court of Persons as witnesses or experts;

(f)

The temporary transfer of persons under s. 7;

(g)

The examination of localities or sites, including the exhumation and examination of bodies buried in mass graves;

(h)

The conduct of searches and seizures;

(i)

The transmission of records and documents, including official records and documents;

(j)

Protection of victims and witnesses and preservation of evidence;

(k)

The identification, location, freezing or seizure of proceeds of crimes, property, assets and instrumentrelated instruments, for the purposes of their possible confiscation, without prejudice to the rights of bona fide third parties; and

(l)

Any other form of assistance not prohibited by the law of the State required to facilitate the investigation and prosecution of crimes within the jurisdiction of the Court.

2. The Court shall be empowered to provide to a witness or an expert appearing before it the assurance that he will not be prosecuted, detained or subjected by the Court to any restriction of his personal freedom for an act or omission prior to Departure from the requested State.

3. If the performance of a particular assistance measure described in an application under s. 1 is prohibited in the requested State by virtue of a fundamental legal principle of general application, the State undertakes without delay consultations with the Court in an attempt to settle the matter. In the course of these consultations, it is envisaged to provide the requested assistance in another form or under certain conditions. If the matter is not resolved after the consultations, the Court shall amend the application.

4. In accordance with Art. 72, a State Party may reject, in whole or in part, a request for assistance from the Court only if that application is for the production of documents or the disclosure of evidence relating to its national security.

5. Before rejecting a request for assistance under s. 1, para. (l), the requested State shall determine whether the assistance may be provided under certain conditions, or may be provided at a later date or in another form, on the understanding that, if the Court or the Prosecutor accepts these conditions, they shall be obliged to observe them.

6. The requested State which rejects a request for assistance shall promptly inform the Court or the Prosecutor of its reasons.

7. A)

The Court may request the temporary transfer of a person detained for identification or for testimony or other forms of assistance. This person may be transferred if the following conditions are met:

(i)

The person freely and knowingly gives consent to the transfer; and

(ii)

The requested State shall give its consent to the transfer, subject to the conditions under which that State and the Court may agree.

(b)

The transferee remains in custody. Once the objective of the transfer has been achieved, the Court shall immediately return that person to the requested State.

8. (a)

The Court shall preserve the confidentiality of the documents and information collected, except to the extent necessary for the investigation and the procedures described in the application.

(b)

The requested State may, if necessary, communicate documents or information to the Prosecutor in confidence. The Prosecutor can then use them only to gather new evidence.

(c)

The requested State may, either ex officio or at the request of the Prosecutor, subsequently authorize the disclosure of such documents or information. These may then be used as evidence in accordance with the provisions of chap. V and VI and the Rules of Procedure and Evidence.

9. (a)

(i) If a State Party receives, on the one hand, from the Court and, on the other hand, from another State within the framework of an international obligation, competing applications having an object other than surrender or extradition, it shall endeavour, in consultation with the Court And that other State, to grant the two applications, if necessary, by differentiating one or the other or by making certain conditions.

(ii)

Failing that, the competition of applications is resolved in accordance with the principles set out in s. 90.

(b)

However, where the application of the Court concerns information, property or persons under the authority of a third State or an international organization under an international agreement, the requested State shall inform the Court and It shall address its request to the third State or to the international organisation.

10. (a)

If the Court receives an application to that effect, the Court may cooperate with the State Party conducting an investigation or trial in respect of conduct which constitutes a crime within the jurisdiction of the Court or a serious crime under the domestic law of that Court State, and assistance to that State.

(b) (i) Such assistance shall include inter alia:

A.

The transmission of statements, documents and other evidence gathered in the course of an investigation or trial by the Court; and

B.

The examination of any person detained by order of the Court.

(ii)

In the case referred to in a. Of subpara. (b) (i):

A.

The transmission of documents and other evidence obtained with the assistance of a State requires the consent of that State;

B.

The transmission of evidence, documents and other evidence provided by a witness or an expert shall be in accordance with the provisions of s. 68.

(c)

The Court may, under the conditions set out in this paragraph, grant a request for assistance from a State which is not a party to this Statute.

1. If the immediate execution of an application was to interfere with the proper conduct of the investigation or prosecution in a case other than the one to which the application relates, the requested State may suspend the execution of the application during a Time fixed by common accord with the Court. However, this stay does not last longer than is necessary to carry out the investigation or prosecution in question in the requested State. Before deciding to stay the execution of the application, the requested State shall consider whether the assistance can be provided immediately under certain conditions.

2. If the decision is taken to stay the execution of the application under subs. 1, the Prosecutor may, however, request the adoption of measures to preserve evidence under s. 93, para. 1, para. (j).

When the Court examines an objection of inadmissibility in accordance with Art. 18 or 19, the requested State may stay the execution of an application made under this Chapter pending the decision of the Court, unless the Court has expressly decided that the Prosecutor could continue to collect Evidence in application of s. 18 or 19.

1. An application for other forms of cooperation referred to in s. 93 is made in writing. In the event of an emergency, it may be made by any means leaving a written record, provided that it is confirmed in accordance with the procedures set out in Art. 87, para. 1, para. (a).

2. The application contains or is accompanied by a file containing the following:

(a)

The brief description of the subject matter of the application and the nature of the assistance requested, including the legal basis and the grounds for the request;

(b)

As detailed information as possible about the person or location that must be identified or located, so that the requested assistance can be provided;

(c)

A brief statement of the essential facts that justify the request;

(d)

The statement of reasons and the detailed explanation of the procedures or conditions to be met;

(e)

Any information that may be required by the law of the requested State to comply with the request; and

(f)

Any other information useful in order for the requested assistance to be provided.

(3) At the request of the Court, a State Party shall maintain, with the Court, either in general or on a particular issue, consultations on the conditions laid down in its legislation which may apply as provided for in par. 2, para. (e). During these consultations, the State Party shall inform the Court of the specific requirements of its legislation.

4. The provisions of this Article shall also apply, where appropriate, to a request for assistance to the Court.

Where a State Party is seized of an application under this Chapter and finds that it raises difficulties which may impede or prevent its execution, it shall consult the Court without delay with a view to settling the matter. These difficulties may include the following:

(a)

The information is not sufficient to respond to the request;

(b)

In the case of a request for surrender, the person sought shall not be found in spite of all efforts, or the research has established that the person in the requested State is clearly not the person concerned with the mandate; or

(c)

The requested State would be obliged, in order to comply with the request in its present form, to violate a conventional obligation which it already has in respect of another State.

1. The Court may not pursue the execution of a request for surrender or assistance which would compel the State to act in a manner inconsistent with its obligations under international law in the field of State immunity or immunity Diplomatic relations of a person or property of a non-member State, unless prior to obtaining the cooperation of that third State with a view to the waiver of immunity.

(2) The Court shall not pursue the execution of a request for surrender which would compel the State to act in a manner inconsistent with its obligations under international agreements according to which the consent of the sending State is Necessary for the surrender to the Court of a person belonging to that State, unless the Court is able to obtain the cooperation of the sending State so that it consents to the surrender.

(1) The requested State shall respond to requests for assistance in accordance with the procedure provided for in its legislation and, unless such legislation prohibits it, in the manner specified in the application, including by applying any procedure indicated in the It or by authorizing the persons it specifies to be present and to participate in the execution of the application.

2. In the event of an urgent request, the documents or evidence produced to respond to it shall, at the request of the Court, be sent as a matter of urgency.

3. The replies of the requested State shall be communicated in their own language and in their original form.

4. Without prejudice to the other articles of this Chapter, where necessary to effectively execute an application to which it may be granted without resorting to coercive measures, in particular when it is a question of hearing or doing Deposit a person acting voluntarily, including out of the presence of the authorities of the State Party required when this is decisive for the proper execution of the application, or when it is a matter of inspecting a public site or other public place Without amendment, the Prosecutor may make the request directly in the territory of the The State, in the following ways:

(a)

Where the requested State is the State in whose territory it is alleged that the crime has been committed and that there has been a decision on admissibility as provided for in Art. 18 or 19, the Prosecutor may execute the request directly, after having conducted as extensive consultations as possible with the requested State;

(b)

In other cases, the Prosecutor may execute the request after consultation with the requested State Party and in view of the reasonable conditions or concerns that the State may have claimed. Where the requested State finds that the execution of an application under this paragraph raises difficulties, it shall immediately consult the Court in order to remedy the situation.

5. The provisions authorizing the person to be heard or questioned by the Court under s. 72 to invoke the restrictions to prevent the disclosure of confidential national security information shall also apply to the enforcement of requests for assistance under this Article.

(1) The ordinary expenses relating to the execution of applications in the territory of the requested State shall be borne by that State, with the exception of the following costs, which shall be borne by the Court:

(a)

Expenses related to travel and the protection of witnesses and experts or the transfer of inmates under s. 93;

(b)

Translation, interpretation and transcription costs;

(c)

Travel and subsistence expenses for judges, the Prosecutor, the Deputy Prosecutors, the Registrar, the Deputy Registrar and the staff of all the organs of the Court;

(d)

Costs of expertise or reports requested by the Court;

(e)

Costs related to the transport of persons surrendered to the Court by the State of detention; and

(f)

After consultation, any extraordinary expenses that may result from the execution of an application.

2. The provisions of s. 1 shall apply, as appropriate, to applications addressed to the Court by the States Parties. In this case, the Court shall bear the ordinary costs of execution.

1. A person surrendered to the Court under this Statute may not be prosecuted, punished or detained on account of conduct prior to his surrender, unless they constitute crimes for which he has been surrendered.

(2) The Court may request from the State which has given a person a derogation from the conditions laid down in s. 1. Additional information is provided as required by s. 91. States Parties shall be entitled to grant a derogation to the Court and shall endeavour to do so.

For the purposes of this Statute:

(a)

"Surrender" means the fact for a State to deliver a person to the Court under this Statute.

(b)

"Extradition" means the fact for a State to deliver a person to another State in accordance with a treaty, convention or national law.

1. A)

Sentences of imprisonment are carried out in a State designated by the Court on the list of states which have informed it that they are prepared to receive convicts.

(b) When it declares that it is prepared to receive convicts, a State may attach conditions to the acceptance of such terms and conditions which must be agreed upon by the Court and be in conformity with the provisions of this Chapter.

(c) The designated State in a particular case shall promptly notify the Court whether or not it accepts its designation.

2. A)

The executing State shall notify the Court of any circumstances, including the fulfilment of any conditions agreed upon pursuant to s. 1, which would significantly alter the conditions or duration of detention. The Court shall be notified at least 45 days in advance of any such circumstance known or foreseeable. During that period, the State in charge of enforcement shall not take any measures which may be contrary to its obligations under Art. 110.

(b)

If the Court cannot accept the circumstances referred to in para. (a), it shall notify the State in charge of enforcement and proceed in accordance with art. 104, para. 1.

3. When exercising its power of designation in accordance with par. 1, the Court takes into account:

(a)

The principle that States Parties should share responsibility for the execution of prison sentences in accordance with the principles of equitable distribution set out in the Rules of Procedure and Evidence;

(b)

The conventional rules of generally accepted international law governing the treatment of prisoners;

(c)

The views of the convicted person;

(d)

The nationality of the convicted person;

(e)

Any other circumstances relating to the crime, the situation of the sentenced person or the actual execution of the sentence, which may guide the choice of the State responsible for enforcement.

4. If no State is designated as set out in par. 1, the penalty of imprisonment shall be carried out in a prison establishment provided by the host State, under the conditions laid down in the headquarters agreement referred to in Art. 3, para. 2. In this case, expenses relating to the execution of the sentence shall be borne by the Court.

1. The Court may decide at any time to transfer a convicted person to a prison in another State.

2. The person convicted by the Court may at any time request the transfer of the person out of the State responsible for enforcement.

(1) Subject to the conditions that a State may have formulated as provided for in Art. 103, para. 1, para. (b) the penalty of imprisonment shall be enforceable for the States Parties, which shall under no circumstances change the sentence.

2. The Court has the sole right to rule on a request for review of its decision on guilt or punishment. The State in charge of enforcement shall not prevent the offender from submitting such a request.

1. The execution of a sentence of imprisonment shall be subject to the control of the Court. It is consistent with widely accepted international treaty rules for the treatment of detainees.

2. The conditions of detention shall be governed by the law of the State responsible for enforcement. They are consistent with widely accepted international treaty rules for the treatment of detainees. Under no circumstances can they be more or less favourable than those which the State in charge of enforcement reserves to prisoners convicted of similar offences.

3. The communications between the convicted person and the Court shall be free and confidential.

1. Once the sentence has been served, a person who is not a national of the executing State may be transferred, in accordance with the law of the State in charge of enforcement, in another State which accepts or is obliged to accept it or In another State which accepts to receive it in response to the wish that it has formulated to be transferred to that State, unless the State in charge of enforcement allows that person to remain on its territory.

2. The expenditure relating to the transfer of the sentenced person to another State pursuant to s. 1 is supported by the Court if no State takes care of them.

3. Subject to the provisions of s. 108, the State of detention may also, in accordance with its law, extradite or otherwise surrender the person to a State which has requested his extradition or surrender for the purpose of judgment or execution of a sentence.

1. The convicted person held by the State in charge of enforcement shall not be prosecuted, convicted or extradited to a third State for conduct prior to his or her transfer to the executing State unless the Court has approved such proceedings, The conviction or extradition at the request of the executing State.

2. The Court shall rule on the matter after hearing the convict.

3. Le par. 1 shall cease to apply if the sentenced person remains voluntarily more than 30 days in the territory of the State in charge of enforcement after having completed all of the sentence handed down by the Court, or if he returns to the territory of that State after Have left it.

(1) The States Parties shall enforce the fines and confiscation orders ordered by the Court under chap. VII, without prejudice to the rights of third parties in good faith and in accordance with the procedure laid down in their domestic legislation.

2. Where a State Party is unable to give effect to the confiscation order, it shall take measures to recover the value of the proceeds, property or assets ordered by the Court, without prejudice to the rights of third parties Good faith.

3. Property, or proceeds from the sale of immovable property or, where appropriate, other property obtained by a State Party in execution of a judgment of the Court shall be transferred to the Court.

The State in charge of enforcement shall not release the person detained before the end of the sentence handed down by the Court.

2. The Court has the sole right to decide on a reduction of sentence. She ruled after hearing the convict.

3. Where the person has served two-thirds of his or her sentence or completed 25 years in the case of a life sentence, the Court shall review the sentence to determine whether it should be reduced. It does not carry out this review before that term.

4. In the review provided for in s. 3, the Court may reduce the sentence if it finds that one or more of the following conditions are fulfilled:

(a)

The person has, from the beginning and on an ongoing basis, expressed a willingness to cooperate with the Court in the investigation and prosecution of the Court;

(b)

The person has spontaneously facilitated the execution of decisions and orders of the Court in other cases, in particular by helping him locate assets which are the subject of decisions ordering their confiscation, the payment of a fine or a Repair and may be used for the benefit of victims; or

(c)

Other factors set out in the Rules of Procedure and Evidence show that there has been a change in circumstances which has significant consequences in order to justify the reduction of the sentence.

5. If, at the time of the review under s. 3, the Court determines that there is no need to reduce the sentence, and subsequently reconsiders the issue of penalty reduction at the intervals provided for in the Rules of Procedure and Evidence and by applying the criteria set out therein.

If a convicted person escapes from his place of detention and defends the State in charge of the execution of the sentence, that State may, after consulting the Court, request the State in which the convicted person is found to submit it to the State in accordance with bilateral agreements or Or request the Court to seek the surrender of that person under Chapter IV of the Convention. IX. Where the Court seeks the surrender of a person, it may request that that person be delivered to the State in which the person was carrying out his or her sentence or to another State designated by the Court.

1. A Assembly of the States Parties to this Statute shall be constituted. Each State Party shall have one representative, who may be assisted by alternates and advisers. Other States which have signed this Statute or the Final Act may serve as observers.

2. The Assembly:

(a)

Review and adopt, as appropriate, the recommendations of the Preparatory Commission;

(b)

Gives the Presidency, the Prosecutor and the Registrar general guidelines for the administration of the Court;

(c)

Reviews the reports and activities of the Office established under s. 3 and takes the action they call;

(d)

Reviews and adopts the budget of the Court;

(e)

Decide, as appropriate, in accordance with s. 36, to change the number of judges;

(f)

Examines, in accordance with s. 87, para. 5 and 7, any question relating to the non-cooperation of States;

(g)

Perform any other function consistent with the provisions of this Statute and the Rules of Procedure and Evidence.

3. A)

The Assembly has an office, consisting of a President, two Vice-Presidents and 18 members elected by it for three years.

(b)

The Office is representative of, in particular, the principle of equitable geographical distribution and the need to ensure adequate representation of the world's main legal systems.

(c)

The Bureau meets as often as necessary, but at least once a year. It helps the Assembly to fulfil its responsibilities.

4. The Assembly shall establish the other subsidiary bodies it deems necessary, including an independent oversight mechanism which carries out inspections, evaluations and investigations to ensure that the Court is administered in the most efficient and effective manner Possible economic.

5. The President of the Court, the Prosecutor and the Registrar or their representatives shall, as appropriate, participate in the meetings of the Assembly and the Bureau.

6. The Assembly shall meet once a year and, where the circumstances require it, shall hold extraordinary sessions, at the seat of the Court or at United Nations Headquarters. Unless otherwise provided in this Statute, special sessions shall be convened by the Bureau either ex officio or at the request of one third of the States Parties.

7. Each State Party shall have one vote. The Assembly and the Bureau shall endeavour, as far as possible, to adopt their decisions by consensus. If consensus is not possible, and unless the Statute provides otherwise:

(a)

Decisions on matters of substance shall be taken by a two-thirds majority of the present and voting, the absolute majority of the States Parties constituting the quorum for the vote;

(b)

Decisions on procedural matters shall be taken by a simple majority of the States Parties present and voting.

8. A State Party in arrears in the payment of its contribution to the expenses of the Court shall not participate in the vote neither in the Assembly nor in the Bureau if the amount of its arrears equals or exceeds the contribution due for the two Complete years. The Assembly may, however, allow that State to participate in the vote in the Assembly and in the Bureau if it finds that its failure is due to circumstances beyond its control.

9. The Assembly shall adopt its own rules of procedure.

The official languages and working languages of the Assembly of States Parties shall be those of the General Assembly of the United Nations.

Except as expressly provided otherwise, all financial matters relating to the Court and to meetings of the Assembly of States Parties, including the Bureau and its subsidiary bodies, shall be governed by this Statute, the Rules of Procedure Financial management rules adopted by the Assembly of States Parties.

The expenses of the Court and of the Assembly of States Parties, including the Bureau and the subsidiary bodies thereof, shall be paid from the financial resources of the Court.

The expenditure of the Court and of the Assembly of States Parties, including the Bureau and its subsidiary bodies, entered in the budget adopted by the Assembly of States Parties shall be financed from the following sources:

(a)

Contributions by States Parties;

(b)

The financial resources provided by the United Nations, subject to the approval of the General Assembly, in particular in the case of expenses related to the referral to the Court by the Security Council.

Without prejudice to art. 115, the Court may receive and use as additional financial resources voluntary contributions from Governments, international organizations, individuals, enterprises and other entities, according to established criteria In this respect by the Assembly of States Parties.

The contributions of States Parties shall be based on an agreed scale of assessments, based on the scale adopted by the United Nations for its regular budget, and adjusted in accordance with the principles on which the scale is based.

The Court's reports, books and accounts, including its annual financial statements, are audited annually by an independent auditor.

1. Any dispute relating to the judicial functions of the Court shall be settled by decision of the Court.

2. Any other dispute between two or more States Parties concerning the interpretation or application of this Statute which is not resolved by negotiation within three months of the commencement of negotiations shall be referred to the Assembly of States Parties. The Assembly may seek to resolve the dispute itself or make recommendations on other means of resolving it, including the referral to the International Court of Justice in accordance with its Statute.

This Statute does not admit any reservations.

At the expiration of a period of seven years beginning on the date of entry into force of this Statute, any State Party may propose amendments to it. The text of the proposed amendments shall be submitted to the Secretary-General of the United Nations, who shall communicate it without delay to all States Parties.

2. Three months at the earliest after the date of this communication, the Assembly of the States Parties shall, at the following meeting, decide, by a majority of its members present and voting, whether or not to consider the proposal. The Assembly may deal with this proposal itself or convene a review conference if the issue raised justifies it.

3. The adoption of an amendment at a meeting of the Assembly of States Parties or of a Review Conference shall require, if it is not possible to reach a consensus, the two-thirds majority of the States Parties.

4. Subject to the provisions of subs. 5, an amendment shall enter into force in respect of all States Parties one year after the seven eighths of them have deposited their instruments of ratification or acceptance with the Secretary-General of the United Nations.

5. An amendment to s. 5, 6, 7 and 8 of this Statute shall enter into force in respect of the States Parties which have accepted it one year after the deposit of their instruments of ratification or acceptance. The Court shall not exercise its jurisdiction over a crime which is the subject of this amendment when that crime has been committed by a national of a State Party who has not accepted the amendment or on the territory of that State.

6. If an amendment has been accepted by the seven eighths of the States Parties in accordance with par. 4, any State Party which has not accepted it may withdraw from this Statute with immediate effect, notwithstanding s. 127, para. 1, but subject to s. 127, para. 2, by giving notice of its withdrawal no later than one year after the entry into force of this amendment.

The Secretary-General of the United Nations shall communicate to all States Parties the amendments adopted at a meeting of the Assembly of States Parties or of a Review Conference.

(1) Any State Party may propose, notwithstanding s. 121, para. 1, amendments to the provisions of this Statute of an exclusively institutional nature, namely Art. 35, 36, para. 8 and 9, 37, 38, 39, para. 1 (first two sentences), 2 and 4, 42, para. 4 to 9, 43, para. 2 and 3, 44, 46, 47 and 49. The text of any proposed amendment shall be submitted to the Secretary-General of the United Nations or to any other person designated by the Assembly of States Parties, who shall communicate it without delay to all States Parties and others Participants in the Assembly.

2. Amendments under this Article for which consensus cannot be reached shall be adopted by the Assembly of States Parties or by a revision conference by a two-thirds majority of the States Parties. They shall enter into force in respect of all States Parties six months after their adoption by the Assembly or, as the case may be, by the Review Conference.

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 amendment to this Statute. The review may include, but not be limited to, the list of crimes listed in s. 5. The Conference shall be open to participants in the Assembly of States Parties, under the same conditions.

2. At any time thereafter, at the request of a State Party and for the purposes set out in s. 1, the Secretary-General of the United Nations, with the approval of the majority of the States Parties, shall convene a Review Conference.

(3) The adoption and entry into force of any amendment to the Statute under consideration at a Review Conference shall be governed by the provisions of Art. 121, para. 3 to 7.

Notwithstanding the provisions of Art. 12, para. 1 and 2, a State which becomes a party to this Statute may declare that, for a period of seven years from the entry into force of the Statute in respect of that State, it does not accept the jurisdiction of the Court in respect of the category of crimes referred to in s. 8 when it is alleged that a crime has been committed on its territory or by its nationals. The declaration may be withdrawn at any time. The provisions of this Article shall be reviewed at the Review Conference convened in accordance with Art. 123, para. 1.

This Statute shall be open for signature by all States on 17 July 1998, at the headquarters of the Food and Agriculture Organization of the United Nations in Rome. It remains open for signature until 17 October 1998, at the Ministry of Foreign Affairs of Italy, in Rome, and, after that date, until 31 December 2000, at United Nations Headquarters in New York.

2. This Statute shall be subject to ratification, acceptance or approval by the signatory States. Instruments of ratification, acceptance or approval shall be deposited with the Secretary-General of the United Nations.

(3) This Statute shall be open for accession by all States. Instruments of accession shall be deposited with the Secretary-General of the United Nations.

This Statute shall enter into force on the first day of the month following the sixtieth day after the date of deposit of the sixtieth instrument of ratification, acceptance, approval or accession with the Secretary-General of the Organization of United Nations.

(2) In respect of each State which ratifies, accepts or approves this Statute or accedes thereto after the deposit of the sixtieth instrument of ratification, acceptance, approval or accession, the Statute shall enter into force on the first day of the month following the 60 days after the deposit by that State of its instrument of ratification, acceptance, approval or accession.

(1) Any State Party may, by written notification addressed to the Secretary-General of the United Nations, withdraw from this Statute. The withdrawal shall take effect one year after the date on which the notification has been received, unless it provides for a later date.

2. Its withdrawal does not relieve the State of the obligations imposed by this Statute while it was a Party, including the financial obligations incurred, and does not affect the cooperation established with the Court on the occasion of Investigations and criminal proceedings in respect of which the State had a duty to cooperate and which were commenced before the date on which the withdrawal took effect; the withdrawal shall in no way affect the continuation of the examination of the cases which the Court had already had Started to examine before the date on which it took effect.

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 transmit certified copies thereof to all States.

In witness whereof, The undersigned, duly authorized by their respective Governments, have signed this Statute.

Done at Rome this seventeenth day of July of the year thousand nine hundred and ninety-eight.

(Suivent signatures)