Nullum crimen sine lege. 14. Article 23. Nulla poena sine lege. 14. Article 24. Non-retroactivity ratione personae. 14. Article 25.
31 KB – 65 Pages
PAGE – 2 ============
The text of the Rome Statute reproduced herein was originally circulated as document A/CONF.183/9 of 17 July 1998 and corrected by procès-verbaux of 10 November 1998, 12 July 1999, 30 November 1999, 8 May 2000, 17 January 2001 and 16 January 2002. The amendments to article 8 reproduce the text contained in depositary noti˜cation C.N.651.2010 Treaties-6, while the amendments regarding articles 8 bis , 15 bis and 15 ter replicate the text contained in depositary noti˜cation C.N.651.2010 Treaties-8; both depositary communications are dated 29 November 2010. The table of contents is not part of the text of the Rome Statute adopted by the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court on 17 July 1998. It has been included in this publication for ease of reference. Done at Rome on 17 July 1998, in force on 1 July 2002, United Nations, Treaty Series, vol. 2187, No. 38544, Depositary: Secretary-General of the United Nations, http://treaties.un.org .Rome Statute of the International Criminal Court
PAGE – 3 ============
Published by the International Criminal Court ISBN No. 92-9227-232-2 ICC-PIOS-LT-03-002/15_Eng Copyright © International Criminal Court 2011 All rights reserved International Criminal Court | Po Box 19519 | 2500 CM | The Hague | The Netherlands | www.icc-cpi.int
PAGE – 4 ============
Table of Contents PREAMBLE 1PART 1. ESTABLISHMENT OF THE COURT 2Article 1 The Court 2Article 2 Relationship of the Court with the United Nations 2Article 3 Seat of the Court 2Article 4 Legal status and powers of the Court 2PART 2. JURISDICTION, ADMISSIBILITY AND APPLICABLE LAW 3Article 5 Crimes within the jurisdiction of the Court 3Article 6 Genocide 3Article 7 Crimes against humanity 3Article 8 War crimes 4Article 8 bis Crime of aggression 7Article 9 Elements of Crimes 8Article 10 8Article 11 Jurisdiction ratione temporis 8Article 12 Preconditions to the exercise of jurisdiction 8Article 13 Exercise of jurisdiction 9Article 14 Referral of a situation by a State Party 9Article 15 Prosecutor 9Article 15 bis Exercise of jurisdiction over the crime of aggression (State referral, proprio motu ) 9Article 15 ter Exercise of jurisdiction over the crime of aggression (Security Council referral) 10Article 16 Deferral of investigation or prosecution 10Article 17 Issues of admissibility 10Article 18 Preliminary rulings regarding admissibility 11Article 19 Challenges to the jurisdiction of the Court or the admissibility of a case 12 Article 20 Ne bis in idem 13Article 21 Applicable law 13 PART 3. GENERAL PRINCIPLES OF CRIMINAL LAW 14Article 22 Nullum crimen sine lege 14Article 23 Nulla poena sine lege 14Article 24 Non-retroactivity ratione personae 14Article 25 Individual criminal responsibility 14Article 26 Exclusion of jurisdiction over persons under eighteen 15Article 27 Irrelevance of of˜cial capacity 15Article 28 Responsibility of commanders and other superiors 15Article 29 Non-applicability of statute of limitations 15Article 30 Mental element 15Article 31 Grounds for excluding criminal responsibility 16 Article 32 Mistake of fact or mistake of law 16 Article 33 Superior orders and prescription of law 16 PART 4. COMPOSITION AND ADMINISTRATION OF THE COURT 17Article 34 Organs of the Court 17Article 35 Service of judges 17Article 36 Quali˜cations, nomination and election of judges 17Article 37 Judicial vacancies 19Article 38 The Presidency 19Article 39 Chambers 19Article 40 Independence of the judges 20
PAGE – 5 ============
Article 41 Excusing and disquali˜cation of judges 20Article 42 The Of˜ce of the Prosecutor 20Article 44 Staff 21Article 45 Solemn undertaking 21Article 46 Removal from of˜ce 22Article 47 Disciplinary measures 22Article 48 Privileges and immunities 22Article 49 Salaries, allowances and expenses 23 Article 50 Of˜cial and working languages 23 Article 51 Rules of Procedure and Evidence 23 Article 52 Regulations of the Court 23 PART 5. INVESTIGATION AND PROSECUTION 24Article 53 Initiation of an investigation 24Article 54 Duties and powers of the Prosecutor with respect to investigations 24Article 55 Rights of persons during an investigation 25 Article 56 Role of the Pre-Trial Chamber in relation to a unique investigative opportunity 25 Article 57 Functions and powers of the Pre-Trial Chamber 26Article 58 Issuance by the Pre-Trial Chamber of a warrant of arrest or a summons to appear 27Article 59 Arrest proceedings in the custodial State 28Article 60 Initial proceedings before the Court 28Article 61 Con˜rmation of the charges before trial 28PART 6. THE TRIAL 31Article 62 Place of trial 31Article 63 Trial in the presence of the accused 31Article 64 Functions and powers of the Trial Chamber 31Article 65 Proceedings on an admission of guilt 32Article 66 Presumption of innocence 32Article 67 Rights of the accused 33Article 68 Protection of the victims and witnesses and their participation in the proceedings 33Article 69 Evidence 34Article 70 Offences against the administration of justice 34Article 71 Sanctions for misconduct before the Court 35Article 72 Protection of national security information 35Article 73 Third-party information or documents 36Article 74 Requirements for the decision 36Article 75 Reparations to victims 36Article 76 Sentencing 37PART 7. PENALTIES 38Article 77 Applicable penalties 38Article 78 Determination of the sentence 38Article 79 Trust Fund 38Article 80 Non-prejudice to national application of penalties and national laws 38PART 8. APPEAL AND REVISION 39Article 81 Appeal against decision of acquittal or conviction or against sentence 39Article 82 Appeal against other decisions 39Article 83 Proceedings on appeal 40Article 84 Revision of conviction or sentence 40Article 85 Compensation to an arrested or convicted person 41
PAGE – 6 ============
PART 9. INTERNATIONAL COOPERATION AND JUDICIAL ASSISTANCE 42Article 86 General obligation to cooperate 42Article 87 Requests for cooperation: general provisions 42Article 88 Availability of procedures under national law 42Article 89 Surrender of persons to the Court 42Article 90 Competing requests 43Article 91 Contents of request for arrest and surrender 44Article 92 Provisional arrest 45Article 93 Other forms of cooperation 45Article 94 Postponement of execution of a request in respect of ongoing investigation or prosecution 47Article 95 Postponement of execution of a request in respect of an admissibility challenge 47Article 96 Contents of request for other forms of assistance under article 93 47Article 97 Consultations 48Article 98 Cooperation with respect to waiver of immunity and consent to surrender 48Article 99 Execution of requests under articles 93 and 96 48Article 100 Costs 49Article 101 Rule of speciality 49Article 102 Use of terms 49PART 10. ENFORCEMENT 50Article 103 Role of States in enforcement of sentences of imprisonment 50Article 104 Change in designation of State of enforcement 50Article 105 Enforcement of the sentence 50Article 106 Supervision of enforcement of sentences and conditions of imprisonment 50Article 107 Transfer of the person upon completion of sentence 51Article 108 Limitation on the prosecution or punishment of other offences 51Article 109 Enforcement of ˜nes and forfeiture measures 51Article 110 Review by the Court concerning reduction of sentence 51Article 111 Escape 52 PART 11. ASSEMBLY OF STATES PARTIES 53 Article 112 Assembly of States Parties 53 PART 12. FINANCING 54Article 113 Financial Regulations 54Article 114 Payment of expenses 54Article 115 Funds of the Court and of the Assembly of States Parties 54Article 116 Voluntary contributions 54Article 117 Assessment of contributions 54Article 118 Annual audit 54PART 13. FINAL CLAUSES 55Article 119 Settlement of disputes 55Article 120 Reservations 55Article 121 Amendments 55Article 122 Amendments to provisions of an institutional nature 55Article 123 Review of the Statute 56Article 124 Transitional Provision 56Article 125 Signature, rati˜cation, acceptance, approval or accession 56Article 126 Entry into force 56Article 127 Withdrawal 56Article 128 Authentic texts 57
PAGE – 8 ============
1PREAMBLEThe States Parties to this Statute, Conscious that all peoples are united by common bonds, their cultures pieced together in a shared heritage, and concerned that this delicate mosaic may be shattered at any time, Mindful that during this century millions of children, women and men have been victims of unimaginable atrocities that deeply shock the conscience of humanity, Recognizing that such grave crimes threaten the peace, security and well-being of the world, Af˜rming that the most serious crimes of concern to the international community as a whole must not go unpunished and that their effective prosecution must be ensured by taking measures at the national level and by enhancing international cooperation, Determined to put an end to impunity for the perpetrators of these crimes and thus to contribute to the prevention of such crimes, Recalling that it is the duty of every State to exercise its criminal jurisdiction over those responsible for international crimes, Reaf˜rming the Purposes and Principles of the Charter of the United Nations, and in particular that all States shall refrain from the threat or use of force against the territorial integrity or political independence of any State, or in any other manner inconsistent with the Purposes of the United Nations, Emphasizing in this connection that nothing in this Statute shall be taken as authorizing any State Party to intervene in an armed con˚ict or in the internal affairs of any State, Determined to these ends and for the sake of present and future generations, to establish an independent permanent International Criminal Court in relationship with the United Nations system, with jurisdiction over the most serious crimes of concern to the international community as a whole, Emphasizing that the International Criminal Court established under this Statute shall be complementary to national criminal jurisdictions, Resolved to guarantee lasting respect for and the enforcement of international justice, Have agreed as follows:
PAGE – 9 ============
2PART 1. ESTABLISHMENT OF THE COURT Article 1 The CourtAn International Criminal Court (“the Court”) is hereby established. It shall be a permanent institution and shall have the power to exercise its jurisdiction over persons for the most serious crimes of international concern, as referred to in this Statute, and shall be complementary to national criminal jurisdictions. The jurisdiction and functioning of the Court shall be governed by the provisions of this Statute. Article 2 Relationship of the Court with the United NationsThe Court shall be brought into relationship with the United Nations through an agreement to be approved by the Assembly of States Parties to this Statute and thereafter concluded by the President of the Court on its behalf. Article 3 Seat of the Court1. The seat of the Court shall be established at The Hague in the Netherlands (“the host State”). 2. The Court shall enter into a headquarters agreement with the host State, to be approved by the Assembly of States Parties and thereafter concluded by the President of the Court on its behalf. 3. The Court may sit elsewhere, whenever it considers it desirable, as provided in this Statute. Article 4 Legal status and powers of the Court1. The Court shall have international legal personality. It shall also have such legal capacity as may be necessary for the exercise of its functions and the ful˜lment of its purposes. 2. The Court may exercise its functions and powers, as provided in this Statute, on the territory of any State Party and, by special agreement, on the territory of any other State.
PAGE – 10 ============
3PART 2. JURISDICTION, ADMISSIBILITY AND APPLICABLE LAW Article 51 Crimes within the jurisdiction of the CourtThe jurisdiction of the Court shall be limited to the most serious crimes of concern to the international community as a whole. The Court has jurisdiction in accordance with this Statute with respect to the following crimes: (a) The crime of genocide; (b) Crimes against humanity; (c) War crimes; (d) The crime of aggression. Article 6 GenocideFor the purpose of this Statute, “genocide” means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such: (a) Killing members of the group; (b) Causing serious bodily or mental harm to members of the group; (c) Deliberately in˚icting on the group conditions of life calculated to bring about its physical destruction in whole or in part; (d) Imposing measures intended to prevent births within the group; (e) Forcibly transferring children of the group to another group. Article 7 Crimes against humanity1. For the purpose of this Statute, “crime against humanity” means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack: (a) Murder; (b) Extermination; (c) Enslavement; (d) Deportation or forcible transfer of population; (e) Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law; (f) Torture; (g) Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity; (h) Persecution against any identi˜able group or collectivity on political, racial, national, ethnic, cultural, religious, gender as de˜ned in paragraph 3, or other grounds that are universally recognized as impermissible under international law, in connection with any act referred to in this paragraph or any crime within the jurisdiction of the Court; (i) Enforced disappearance of persons; (j) The crime of apartheid; (k) Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health. 1 Paragraph 2 of article 5 (ﬁThe Court shall exercise jurisdiction over the crime of aggression once a provision is adopted in accordance with articles 121 and 123 de˜ning the crime and setting out the conditions under which the Court shall exercise jurisdiction with respect to this crime. Such a provision shall be consistent with the relevant provisions of the Charter of the United Nations.ﬂ) was deleted in accordance with RC/Res.6, annex I, of 11 June 2010.
PAGE – 11 ============
42. For the purpose of paragraph 1: (a) “Attack directed against any civilian population” means a course of conduct involving the multiple commission of acts referred to in paragraph 1 against any civilian population, pursuant to or in furtherance of a State or organizational policy to commit such attack; (b) “Extermination” includes the intentional in˚iction of conditions of life, inter alia the deprivation of access to food and medicine, calculated to bring about the destruction of part of a population; (c) “Enslavement” means the exercise of any or all of the powers attaching to the right of ownership over a person and includes the exercise of such power in the course of traf˜cking in persons, in particular women and children; (d) “Deportation or forcible transfer of population” means forced displacement of the persons concerned by expulsion or other coercive acts from the area in which they are lawfully present, without grounds permitted under international law; (e) “Torture” means the intentional in˚iction of severe pain or suffering, whether physical or mental, upon a person in the custody or under the control of the accused; except that torture shall not include pain or suffering arising only from, inherent in or incidental to, lawful sanctions; (f) “Forced pregnancy” means the unlawful con˜nement of a woman forcibly made pregnant, with the intent of affecting the ethnic composition of any population or carrying out other grave violations of international law. This de˜nition shall not in any way be interpreted as affecting national laws relating to pregnancy; (g) “Persecution” means the intentional and severe deprivation of fundamental rights contrary to international law by reason of the identity of the group or collectivity; (h) “The crime of apartheid” means inhumane acts of a character similar to those referred to in paragraph 1, committed in the context of an institutionalized regime of systematic oppression and domination by one racial group over any other racial group or groups and committed with the intention of maintaining that regime; (i) “Enforced disappearance of persons” means the arrest, detention or abduction of persons by, or with the authorization, support or acquiescence of, a State or a political organization, followed by a refusal to acknowledge that deprivation of freedom or to give information on the fate or whereabouts of those persons, with the intention of removing them from the protection of the law for a prolonged period of time.3. For the purpose of this Statute, it is understood that the term “gender” refers to the two sexes, male and female, within the context of society. The term “gender” does not indicate any meaning different from the above. Article 82 War crimes 1. The Court shall have jurisdiction in respect of war crimes in particular when committed as part of a plan or policy or as part of a large-scale commission of such crimes. 2. For the purpose of this Statute, “war crimes” means: (a) Grave breaches of the Geneva Conventions of 12 August 1949, namely, any of the following acts against persons or property protected under the provisions of the relevant Geneva Convention: (i) Wilful killing; (ii) Torture or inhuman treatment, including biological experiments; (iii) Wilfully causing great suffering, or serious injury to body or health; (iv) Extensive destruction and appropriation of property, not justi˜ed by military necessity and carried out unlawfully and wantonly; (v) Compelling a prisoner of war or other protected person to serve in the forces of a hostile Power; (vi) Wilfully depriving a prisoner of war or other protected person of the rights of fair and regular trial; 2 Paragraphs 2 (e) (xiii) to 2 (e) (xv) were amended by resolution RC/Res.5 of 11 June 2010 (adding paragraphs 2 (e) (xiii) to 2 (e) (xv)).
31 KB – 65 Pages