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Rome Statuteof theInternationalCriminalCourtThe text of the Rome Statute reproduced herein was originally circulatedas document A/CONF.183/9 of 17 July 1998 and corrected by procès-verbauxof 10 November 1998, 12 July 1999, 30 November 1999, 8 May 2000, 17January 2001 and 16 January 2002. The amendments to article 8 reproducethe text contained in depositary notification C.N.651.2010 Treaties-6, whilethe amendments regarding articles 8 bis, 15 bis and 15 ter replicate the textcontained in depositary notification C.N.651.2010 Treaties-8; both depositarycommunications are dated 29 November 2010. The table of contents is notpart of the text of the Rome Statute adopted by the United Nations DiplomaticConference of Plenipotentiaries on the Establishment of an InternationalCriminal Court on 17 July 1998. It has been included in this publication forease of reference.Done at Rome on 17 July 1998, in force on 1 July 2002, United Nations, TreatySeries, vol. 2187, No. 38544, Depositary: Secretary-General of the UnitedNations, http://treaties.un.org.

Rome Statute of the International Criminal CourtPublished by the International Criminal CourtISBN No. 92-9227-232-2ICC-PIOS-LT-03-002/15 EngCopyright International Criminal Court 2011All rights reservedInternational Criminal Court Po Box 19519 2500 CM The Hague The Netherlands www.icc-cpi.int

Rome Statute of the International Criminal CourtTable of ContentsPREAMBLE 1PART 1.ESTABLISHMENT OF THE COURT 2Article 1Article 2Article 3Article 4The Court 2Relationship of the Court with the United Nations 2Seat of the Court 2Legal status and powers of the Court 2PART 2.JURISDICTION, ADMISSIBILITY AND APPLICABLE LAW 3Article 5Crimes within the jurisdiction of the Court 3Article 6Genocide 3Article 7Crimes against humanity 3Article 8War crimes 4Article 8 bisCrime of aggression 7Article 9Elements of Crimes 8Article 10 8Article 11Jurisdiction ratione temporis 8Article 12Preconditions to the exercise of jurisdiction 8Article 13Exercise of jurisdiction 9Article 14Referral of a situation by a State Party 9Article 15Prosecutor 9Article 15 bisExercise of jurisdiction over the crime of aggression(State referral, proprio motu) 9Article 15 terExercise of jurisdiction over the crime of aggression(Security Council referral) 10Article 16Deferral of investigation or prosecution 10Article 17Issues of admissibility 10Article 18Preliminary rulings regarding admissibility 11Article 19Challenges to the jurisdiction of the Courtor the admissibility of a case 12Article 20Ne bis in idem 13Article 21Applicable law 13PART 3.GENERAL PRINCIPLES OF CRIMINAL LAW 14Article 22Article 23Article 24Article 25Article 26Article 27Article 28Article 29Article 30Article 31Article 32Article 33Nullum crimen sine lege 14Nulla poena sine lege 14Non-retroactivity ratione personae 14Individual criminal responsibility 14Exclusion of jurisdiction over persons under eighteen 15Irrelevance of official capacity 15Responsibility of commanders and other superiors 15Non-applicability of statute of limitations 15Mental element 15Grounds for excluding criminal responsibility 16Mistake of fact or mistake of law 16Superior orders and prescription of law 16PART 4.COMPOSITION AND ADMINISTRATION OF THE COURT 17Article 34Article 35Article 36Article 37Article 38Article 39Article 40Organs of the Court 17Service of judges 17Qualifications, nomination and election of judges 17Judicial vacancies 19The Presidency 19Chambers 19Independence of the judges 20

Rome Statute of the International Criminal CourtArticle 41Article 42Article 44Article 45Article 46Article 47Article 48Article 49Article 50Article 51Article 52Excusing and disqualification of judges 20The Office of the Prosecutor 20Staff 21Solemn undertaking 21Removal from office 22Disciplinary measures 22Privileges and immunities 22Salaries, allowances and expenses 23Official and working languages 23Rules of Procedure and Evidence 23Regulations of the Court 23PART 5.INVESTIGATION AND PROSECUTION 24Article 53Article 54Article 55Article 56Article 59Article 60Article 61Initiation of an investigation 24Duties and powers of the Prosecutor with respect to investigations 24Rights of persons during an investigation 25Role of the Pre-Trial Chamber in relation toa unique investigative opportunity 25Functions and powers of the Pre-Trial Chamber 26Issuance by the Pre-Trial Chamber of a warrant of arrestor a summons to appear 27Arrest proceedings in the custodial State 28Initial proceedings before the Court 28Confirmation of the charges before trial 28PART 6.THE TRIAL 31Article 62Article 63Article 64Article 65Article 66Article 67Article 68Article 69Article 70Article 71Article 72Article 73Article 74Article 75Article 76Place of trial 31Trial in the presence of the accused 31Functions and powers of the Trial Chamber 31Proceedings on an admission of guilt 32Presumption of innocence 32Rights of the accused 33Protection of the victims and witnesses andtheir participation in the proceedings 33Evidence 34Offences against the administration of justice 34Sanctions for misconduct before the Court 35Protection of national security information 35Third-party information or documents 36Requirements for the decision 36Reparations to victims 36Sentencing 37PART 7.PENALTIES 38Article 77Article 78Article 79Article 80Applicable penalties 38Determination of the sentence 38Trust Fund 38Non-prejudice to national application of penalties and national laws 38PART 8.APPEAL AND REVISION 39Article 81Article 82Article 83Article 84Article 85Appeal against decision of acquittal or conviction or against sentence 39Appeal against other decisions 39Proceedings on appeal 40Revision of conviction or sentence 40Compensation to an arrested or convicted person 41Article 57Article 58

Rome Statute of the International Criminal CourtPART 9.INTERNATIONAL COOPERATION AND JUDICIAL ASSISTANCE 42Article 86Article 87Article 88Article 89Article 90Article 91Article 92Article 93Article 94Article 96Article 97Article 98Article 99Article 100Article 101Article 102General obligation to cooperate 42Requests for cooperation: general provisions 42Availability of procedures under national law 42Surrender of persons to the Court 42Competing requests 43Contents of request for arrest and surrender 44Provisional arrest 45Other forms of cooperation 45Postponement of execution of a request in respectof ongoing investigation or prosecution 47Postponement of execution of a request in respectof an admissibility challenge 47Contents of request for other forms of assistance under article 93 47Consultations 48Cooperation with respect to waiver of immunity and consent to surrender 48Execution of requests under articles 93 and 96 48Costs 49Rule of speciality 49Use of terms 49PART 10.ENFORCEMENT 50Article 103Article 104Article 105Article 106Article 107Article 108Article 109Article 110Article 111Role of States in enforcement of sentences of imprisonment 50Change in designation of State of enforcement 50Enforcement of the sentence 50Supervision of enforcement of sentences and conditions of imprisonment 50Transfer of the person upon completion of sentence 51Limitation on the prosecution or punishment of other offences 51Enforcement of fines and forfeiture measures 51Review by the Court concerning reduction of sentence 51Escape 52PART 11.ASSEMBLY OF STATES PARTIES 53Article 112Assembly of States Parties 53PART 12.FINANCING 54Article 113Article 114Article 115Article 116Article 117Article 118Financial Regulations 54Payment of expenses 54Funds of the Court and of the Assembly of States Parties 54Voluntary contributions 54Assessment of contributions 54Annual audit 54PART 13.FINAL CLAUSES 55Article 119Article 120Article 121Article 122Article 123Article 124Article 125Article 126Article 127Article 128Settlement of disputes 55Reservations 55Amendments 55Amendments to provisions of an institutional nature 55Review of the Statute 56Transitional Provision 56Signature, ratification, acceptance, approval or accession 56Entry into force 56Withdrawal 56Authentic texts 57Article 95

Rome Statute of the International Criminal Court

Rome Statute of the International Criminal CourtPREAMBLEThe 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 unimaginableatrocities that deeply shock the conscience of humanity,Recognizing that such grave crimes threaten the peace, security and well-being of the world,Affirming that the most serious crimes of concern to the international community as a whole must not gounpunished and that their effective prosecution must be ensured by taking measures at the national leveland by enhancing international cooperation,Determined to put an end to impunity for the perpetrators of these crimes and thus to contribute to theprevention of such crimes,Recalling that it is the duty of every State to exercise its criminal jurisdiction over those responsible forinternational crimes,Reaffirming the Purposes and Principles of the Charter of the United Nations, and in particular that allStates shall refrain from the threat or use of force against the territorial integrity or political independenceof 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 Partyto intervene in an armed conflict or in the internal affairs of any State,Determined to these ends and for the sake of present and future generations, to establish an independentpermanent International Criminal Court in relationship with the United Nations system, with jurisdictionover 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 complementaryto national criminal jurisdictions,Resolved to guarantee lasting respect for and the enforcement of international justice,Have agreed as follows:1

Rome Statute of the International Criminal CourtPART 1.ESTABLISHMENT OF THE COURTArticle 1The CourtAn International Criminal Court ("the Court") is hereby established. It shall be a permanent institution and shallhave the power to exercise its jurisdiction over persons for the most serious crimes of international concern, asreferred to in this Statute, and shall be complementary to national criminal jurisdictions. The jurisdiction andfunctioning of the Court shall be governed by the provisions of this Statute.Article 2Relationship of the Court with the United NationsThe Court shall be brought into relationship with the United Nations through an agreement to be approved bythe Assembly of States Parties to this Statute and thereafter concluded by the President of the Court on its behalf.Article 3Seat 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 Assemblyof 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 4Legal status and powers of the Court21.The Court shall have international legal personality. It shall also have such legal capacity as may benecessary for the exercise of its functions and the fulfilment of its purposes.2.The Court may exercise its functions and powers, as provided in this Statute, on the territory of any StateParty and, by special agreement, on the territory of any other State.

Rome Statute of the International Criminal CourtPART 2.JURISDICTION, ADMISSIBILITY AND APPLICABLE LAWArticle 51Crimes within the jurisdiction of the CourtThe jurisdiction of the Court shall be limited to the most serious crimes of concern to the internationalcommunity as a whole. The Court has jurisdiction in accordance with this Statute with respect to thefollowing crimes:(a)The crime of genocide;(b)Crimes against humanity;(c)War crimes;(d)The crime of aggression.Article 6GenocideFor the purpose of this Statute, "genocide" means any of the following acts committed with intent todestroy, in whole or in part, a national, ethnical, racial or religious group, as such:(a)Killing members of the group;(b)Causing serious bodily or mental harm to members of the group;(c)Deliberately inflicting on the group conditions of life calculated to bring about its physical destructionin 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 7Crimes against humanity1.1For the purpose of this Statute, "crime against humanity" means any of the following acts when committed aspart of a widespread or systematic attack directed against any civilian population, with knowledge of the d)Deportation or forcible transfer of population;(e)Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules ofinternational law;(f)Torture;(g)Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other formof sexual violence of comparable gravity;(h)Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural,religious, gender as defined in paragraph 3, or other grounds that are universally recognized asimpermissible under international law, in connection with any act referred to in this paragraph orany 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 tobody or to mental or physical health.Paragraph 2 of article 5 (“The Court shall exercise jurisdiction over the crime of aggression once a provision is adopted in accordance witharticles 121 and 123 defining the crime and setting out the conditions under which the Court shall exercise jurisdiction with respect to thiscrime. Such a provision shall be consistent with the relevant provisions of the Charter of the United Nations.”) was deleted in accordance withRC/Res.6, annex I, of 11 June 2010.3

Rome Statute of the International Criminal Court2.3.For the purpose of paragraph 1:(a)"Attack directed against any civilian population" means a course of conduct involving the multiplecommission of acts referred to in paragraph 1 against any civilian population, pursuant to or infurtherance of a State or organizational policy to commit such attack;(b)"Extermination" includes the intentional infliction of conditions of life, inter alia the deprivation ofaccess 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 overa person and includes the exercise of such power in the course of trafficking in persons, in particularwomen and children;(d)"Deportation or forcible transfer of population" means forced displacement of the persons concernedby expulsion or other coercive acts from the area in which they are lawfully present, without groundspermitted under international law;(e)"Torture" means the intentional infliction 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 includepain or suffering arising only from, inherent in or incidental to, lawful sanctions;(f)"Forced pregnancy" means the unlawful confinement of a woman forcibly made pregnant, with theintent of affecting the ethnic composition of any population or carrying out other grave violationsof international law. This definition shall not in any way be interpreted as affecting national lawsrelating to pregnancy;(g)"Persecution" means the intentional and severe deprivation of fundamental rights contrary tointernational 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 paragraph1, committed in the context of an institutionalized regime of systematic oppression and dominationby one racial group over any other racial group or groups and committed with the intention ofmaintaining that regime;(i)"Enforced disappearance of persons" means the arrest, detention or abduction of persons by, or withthe authorization, support or acquiescence of, a State or a political organization, followed by a refusalto acknowledge that deprivation of freedom or to give information on the fate or whereabouts ofthose persons, with the intention of removing them from the protection of the law for a prolongedperiod of time.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 82War crimes1.The Court shall have jurisdiction in respect of war crimes in particular when committed as part of a plan orpolicy or as part of a large-scale commission of such crimes.2.For the purpose of this Statute, "war crimes" means:(a)24Grave breaches of the Geneva Conventions of 12 August 1949, namely, any of the following actsagainst persons or property protected under the provisions of the relevant Geneva Convention:(i)Wilful killing;(ii)Torture or inhuman treatment, including biological experiments;(iii)Wilfully causing great suffering, or serious injury to body or health;(iv)Extensive destruction and appropriation of property, not justified by military necessity andcarried 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 regulartrial;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)).

Rome Statute of the International Criminal Court(vii) Unlawful deportation or transfer or unlawful confinement;(viii) Taking of hostages.(b)Other serious violations of the laws and customs applicable in international armed conflict, withinthe established framework of international law, namely, any of the following acts:(i)Intentionally directing attacks against the civilian population as such or against individualcivilians not taking direct part in hostilities;(ii)Intentionally directing attacks against civilian objects, that is, objects which are not militaryobjectives;(iii)Intentionally directing attacks against personnel, installations, material, units or vehiclesinvolved in a humanitarian assistance or peacekeeping mission in accordance with the Charterof the United Nations, as long as they are entitled to the protection given to civilians or civilianobjects under the international law of armed conflict;(iv)Intentionally launching an attack in the knowledge that such attack will cause incidental lossof life or injury to civilians or damage to civilian objects or widespread, long-term and severedamage to the natural environment which would be clearly excessive in relation to the concreteand direct overall military advantage anticipated;(v)Attacking or bombarding, by whatever means, towns, villages, dwellings or buildings which areundefended and which are not military objectives;(vi)Killing or wounding a combatant who, having laid down his arms or having no longer meansof defence, has surrendered at discretion;(vii) Making improper use of a flag of truce, of the flag or of the military insignia and uniformof the enemy or of the United Nations, as well as of the distinctive emblems of the GenevaConventions, resulting in death or serious personal injury;(viii) The transfer, directly or indirectly, by the Occupying Power of parts of its own civilian populationinto the territory it occupies, or the deportation or transfer of all or parts of the population ofthe occupied territory within or outside this territory;(ix)Intentionally directing attacks against buildings dedicated to religion, education, art, science orcharitable purposes, historic monuments, hospitals and places where the sick and wounded arecollected, provided they are not military objectives;(x)Subjecting persons who are in the power of an adverse party to physical mutilation or tomedical or scientific experiments of any kind which are neither justified by the medical, dentalor hospital treatment of the person concerned nor carried out in his or her interest, and whichcause death to or seriously endanger the health of such person or persons;(xi)Killing or wounding treacherously individuals belonging to the hostile nation or army;(xii) Declaring that no quarter will be given;(xiii) Destroying or seizing the enemy's property unless such destruction or seizure be imperativelydemanded by the necessities of war;(xiv) Declaring abolished, suspended or inadmissible in a court of law the rights and actions of thenationals of the hostile party;(xv) Compelling the nationals of the hostile party to take part in the operations of war directed againsttheir own country, even if they were in the belligerent's service before the commencement ofthe war;(xvi) Pillaging a town or place, even when taken by assault;(xvii) Employing poison or poisoned weapons;(xviii) Employing asphyxiating, poisonous or other gases, and all analogous liquids, materials ordevices;5

Rome Statute of the International Criminal Court(xix) Employing bullets which expand or flatten easily in the human body, such as bullets with ahard envelope which does not entirely cover the core or is pierced with incisions;(xx) Employing weapons, projectiles and material and methods of warfare which are of a natureto cause superfluous injury or unnecessary suffering or which are inherently indiscriminatein violation of the international law of armed conflict, provided that such weapons, projectilesand material and methods of warfare are the subject of a comprehensive prohibition andare included in an annex to this Statute, by an amendment in accordance with the relevantprovisions set forth in articles 121 and 123;(xxi) Committing outrages upon personal dignity, in particular humiliating and degrading treatment;(xxii) Committing rape, sexual slavery, enforced prostitution, forced pregnancy, as defined in article7, paragraph 2 (f), enforced sterilization, or any other form of sexual violence also constitutinga grave breach of the Geneva Conventions;(xxiii) Utilizing the presence of a civilian or other protected person to render certain points, areas ormilitary forces immune from military operations;(xxiv) Intentionally directing attacks against buildings, material, medical units and transport, andpersonnel using the distinctive emblems of the Geneva Conventions in conformity withinternational law;(xxv) Intentionally using starvation of civilians as a method of warfare by depriving them of objectsindispensable to their survival, including wilfully impeding relief supplies as provided for underthe Geneva Conventions;(xxvi) Conscripting or enlisting children under the age of fifteen years into the national armed forcesor using them to participate actively in hostilities.(c)6In the case of an armed conflict not of an international character, serious violations of article 3 commonto the four Geneva Conventions of 12 August 1949, namely, any of the following acts committedagainst persons taking no active part in the hostilities, including members of armed forces who havelaid down their arms and those placed hors de combat by sickness, wounds, detention or any othercause:(i)Violence to life and person, in particular murder of all kinds, mutilation, cruel treatment andtorture;(ii)Committing outrages upon personal dignity, in particular humiliating and degrading treatment;(iii)Taking of hostages;(iv)The passing of sentences and the carrying out of executions without previous judgementpronounced by a regularly constituted court, affording all judicial guarantees which aregenerally recognized as indispensable.(d)Paragraph 2 (c) applies to armed conflicts not of an international character and thus does not apply tosituations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violenceor other acts of a similar nature.(e)Other serious violations of the laws and customs applicable in armed conflicts not of an internationalcharacter, within the established framework of international law, namely, any of the following acts:(i)Intentionally directing attacks against the civilian population as such or against individualcivilians not taking direct part in hostilities;(ii)Intentionally directing attacks against buildings, material, medical units and transport, andpersonnel using the distinctive emblems of the Geneva Conventions in conformity withinternational law;(iii)Intentionally directing attacks against personnel, installations, material, units or vehiclesinvolved in a humanitarian assistance or peacekeeping mission in accordance with the Charterof the United Nations, as long as they are entitled to the protection given to civilians or civilianobjects under the international law of armed conflict;(iv)Intentionally directing attacks against buildings dedicated to religion, education, art, science orcharitable purposes, historic monuments, hospitals and places where the sick and wounded arecollected, provided they are not military objectives;(v)Pillaging a town or place, even when taken by assault;

Rome Statute of the International Criminal Court(vi)Committing rape, sexual slavery, enforced prostitution, forced pregnancy, as defined in article7, paragraph 2 (f), enforced sterilization, and any other form of sexual violence also constitutinga serious violation of article 3 common to the four Geneva Conventions;(vii) Conscripting or enlisting children under the age of fifteen years into armed forces or groups orusing them to participate actively in hostilities;(viii) Ordering the displacement of the civilian population for reasons related to the conflict, unlessthe security of the civilians involved or imperative military reasons so demand;(ix)Killing or wounding treacherously a combatant adversary;(x)Declaring that no quarter will be given;(xi)Subjecting persons who are in the power of another party to the conflict to physical mutilationor to medical or scientific experiments of any kind which are neither justified by the medical,dental or hospital treatment of the person concerned nor carried out in his or her interest, andwhich cause death to or seriously endanger the health of such person or persons;(xii) Destroying or seizing the property of an adversary unless such destruction or seizure beimperatively demanded by the necessities of the conflict;(xiii) Employing poison or poisoned weapons;(xiv) Employing asphyxiating, poisonous or other gases, and all analogous liquids, materials ordevices;(xv) Employing bullets which expand or flatten easily in the human body, such as bullets with ahard envelope which does not entirely cover the core or is pierced with incisions.(f)3.Paragraph 2 (e) applies to armed conflicts not of an international character and thus does not applyto situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violenceor other acts of a similar nature. It applies to armed conflicts that take place in the territory of a Statewhen there is protracted armed conflict between governmental authorities and organized armedgroups or between such groups.Nothing in paragraph 2 (c) and (e) shall affect the responsibility of a Government to maintain or reestablish law and order in the State or to defend the unity and territorial integrity of the State, by alllegitimate means.Article 8 bis3Crime of aggression1.For the purpose of this Statute, “crime of aggression” means the planning, preparation, initiation orexecution, by a person in a position effectively to exercise control over or to direct the political or militaryaction of a State, of an act of aggression which, by its character, gravity and scale, constitutes a manifestviolation of the Charter of the United Nations.2.For the purpose of paragraph 1, “act of aggression” means the use of armed force by a State againstthe sovereignty, territorial integrity or political independence of another State, or in any other mannerinconsistent with the Charter of the United Nations. Any of the following acts, regardless of a declarationof war, shall, in accordance with United Nations General Assembly resolution 3314 (XXIX) of 14 December1974, qualify as an act of aggression:3(a)The invasion or attack by the armed forces of a State of the territory of another State, or any militaryoccupation, however temporary, resulting from such invasion or attack, or any annexation by the useof force of the territory of another State or part thereof;(b)Bombardment by the armed forces of a State against the territory of another State or the use of anyweapons by a State against the territory of another State;(c)The blockade of the ports or coasts of a State by the armed forces of another State;(d)An attack by the armed forces of a State on the land, sea or air forces, or marine and air fleets ofanother State;Inserted by resolution RC/Res.6 of 11 June 2010.7

Rome Statute of the International Criminal Court(e)The use of armed forces of one State which are within the territory of another State with theagreement of the receiving State, in contravention of the conditions provided for in the agreement orany extension of their presence in such territory beyond the termination of the agre

Article 126 Entry into force 56 Article 127 Withdrawal 56 Article 128 Authentic texts 57. Rome Statute of the International Criminal Court. 1 Rome Statute of the International Criminal Court PREAMBLE The States Parties to this Statute, Conscious that all peoples are united by common bo

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