1. Rome Statute Of The International Criminal Court Contents

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Rome Statute of the International Criminal Court1.Rome Statute of the International Criminal Court* ContentsArticlePagePREAMBLE .8PART 1. ESTABLISHMENT OF THE COURT1.The Court.82.Relationship of the Court with the United Nations .83.Seat of the Court .84.Legal status and powers of the Court .8PART 2. JURISDICTION, ADMISSIBILITY AND APPLICABLE LAW5.Crimes within the jurisdiction of the Court .86.Genocide.97.Crimes against humanity .98.War Crimes.109.Elements of Crimes .1410.1411.Jurisdiction ratione temporis .1412.Preconditions to the exercise of jurisdiction.1513.Exercise of jurisdiction.1514.Referral of a situation by a State Party .1515.Prosecutor .1616.Deferral of investigation or prosecution .1617.Issues of admissibility .1618.Preliminary rulings regarding admissibility .1719.Challenges to the jurisdiction of the Court or the admissibility of a case .1820.Ne bis in idem.1921.Applicable law .19*The text of the Rome Statute reproduced herein was originally circulated as document A/CONF.183/9 of17 July 1998 and corrected by procès-verbaux of 10 November 1998, 12 July 1999, 30 November 1999, 8 May2000, 17 January 2001 and 16 January 2002. The table of contents is not part of the text of the Rome Statuteadopted by the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of anInternational Criminal Court on 17 July 1998. It has been included in this publication for ease of reference. Theamendments are specified subsequent to the text of the Rome Statute. 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.2

Rome Statute of the International Criminal CourtPART 3. GENERAL PRINCIPLES OF CRIMINAL LAW22.Nullum crimen sine lege .2023.Nulla poena sine lege .2024.Non-retroactivity ratione personae.2025.Individual criminal responsibility .2026.Exclusion of jurisdiction over persons under eighteen .2127.Irrelevance of official capacity.2128.Responsibility of commanders and other superiors .2229.Non-applicability of statute of limitations .2230.Mental element.2231.Grounds for excluding criminal responsibility .2332.Mistake of fact or mistake of law.2333.Superior orders and prescription of law .24PART 4. COMPOSITION AND ADMINISTRATION OF THE COURT34.Organs of the Court.2435.Service of judges .2436.Qualifications, nomination and election of judges.2537.Judicial vacancies.2738.The Presidency .2739.Chambers .2740.Independence of judges.2841.Excusing and disqualification of judges .2842.The Office of the Prosecutor .2943.The Registry .3044.Staff .3045.Solemn undertaking .3146.Removal from office .3147.Disciplinary measures .3148.Privileges and immunities .3249.Salaries, allowances and expenses .3250.Official and working languages .3251.Rules of Procedure and Evidence .3352.Regulations of the Court .333

Rome Statute of the International Criminal CourtPART 5. INVESTIGATION AND PROSECUTION53.Initiation of an investigation .3354.Duties and powers of the Prosecutor with respect to investigations .34.55.Rights of persons during an investigation .3556.Role of the Pre-Trial Chamber in relation to a unique investigative opportunity.3657.Functions and powers of the Pre-Trial Chamber .3758.Issuance by the Pre-Trial Chamber of a warrant of arrest or a summons to appear .3759.Arrest proceedings in the custodial State .3960.Initial proceedings before the Court.3961.Confirmation of the charges before trial .40PART 6. THE TRIAL62.Place of trial .4163.Trial in the presence of the accused .4164.Functions and powers of the Trial Chamber .4265.Proceedings on an admission of guilt.4366.Presumption of innocence .4467.Rights of the accused .4468.Protection of the victims and witnesses and their participation in the proceedings.4569.Evidence.4570.Offences against the administration of justice .4671.Sanctions for misconduct before the Court.4772.Protection of national security information.4773.Third-party information or documents.4874.Requirements for the decision.4975.Reparations to victims.4976.Sentencing .50PART 7. PENALTIES77.Applicable penalties .5078.Determination of the sentence.5079.Trust Fund .5180.Non-prejudice to national application of penalties and national laws .51PART 8. APPEAL AND REVISION81.4Appeal against decision of acquittal or conviction or against sentence.51

Rome Statute of the International Criminal Court82.Appeal against other decisions.5283.Proceedings on appeal.5384.Revision of conviction or sentence .5385.Compensation to an arrested or convicted person.54PART 9. INTERNATIONAL COOPERATION AND JUDICIAL ASSISTANCE86.General obligation to cooperate .5487.Requests for cooperation: general provisions .5488.Availability of procedures under national law .5589.Surrender of persons to the Court .5690.Competing requests.5691.Contents of request for arrest and surrender .5892.Provisional arrest.5893.Other forms of cooperation .5994.Postponement of execution of a request in respect of ongoing investigation orprosecution .6195.Postponement of execution of a request in respect of an admissibility challenge.6196.Contents of request for other forms of assistance under article 93 .6197.Consultations.6298.Cooperation with respect to waiver of immunity and consent to surrender .6299.Execution of request under articles 93 and 96 .63100.Costs.63101.Rule of speciality.64102.Use of terms .64PART 10. ENFORCEMENT103.Role of States in enforcement of sentences of imprisonment .64104.Change in designation of State of enforcement .65105.Enforcement of the sentence .65106.Supervision of enforcement of sentences and conditions of imprisonment.65107.Transfer of the person upon completion of sentence .66108.Limitation on the prosecution or punishment of other offences .66109.Enforcement of fines and forfeiture measures .66110.Review by the Court concerning reduction of sentence.66111.Escape .675

Rome Statute of the International Criminal CourtPART 11. ASSEMBLY OF STATES PARTIES112.Assembly of States Parties .67PART 12. FINANCING113.Financial Regulations.69114.Payment of expenses .69115.Funds of the Court and of the Assembly of States Parties.69116.Voluntary contributions .69117.Assessment of contributions .69118.Annual audit .69PART 13. FINAL CLAUSES119.Settlement of disputes .70120.Reservations .70121.Amendments .70122.Amendments to provisions of an institutional nature .71123.Review of the Statute .71124.Transitional Provision .71125.Signature, ratification, acceptance, approval or accession.71126.Entry into force .72127.Withdrawal.72128.Authentic texts .726

Rome Statute of the International Criminal CourtRome Statute of the International Criminal CourtPREAMBLEThe States Parties to this Statute,Conscious that all peoples are united by common bonds, their cultures pieced togetherin 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 beenvictims 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,Affirming that the most serious crimes of concern to the international community as awhole must not go unpunished and that their effective prosecution must be ensured by takingmeasures at the national level and by enhancing international cooperation,Determined to put an end to impunity for the perpetrators of these crimes and thus tocontribute to the prevention of such crimes,Recalling that it is the duty of every State to exercise its criminal jurisdiction overthose responsible for international crimes,Reaffirming the Purposes and Principles of the Charter of the United Nations, and inparticular that all States shall refrain from the threat or use of force against the territorialintegrity or political independence of any State, or in any other manner inconsistent with thePurposes of the United Nations,Emphasizing in this connection that nothing in this Statute shall be taken as authorizingany State Party to 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, toestablish an independent permanent International Criminal Court in relationship with theUnited Nations system, with jurisdiction over the most serious crimes of concern to theinternational community as a whole,Emphasizing that the International Criminal Court established under this Statute shallbe complementary to national criminal jurisdictions,Resolved to guarantee lasting respect for and the enforcement of international justice,Have agreed as follows:7

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 apermanent inst

Rome Statute of the International Criminal Court 8 PART 1. ESTABLISHMENT OF THE COURT Article 1 The Court An International Criminal Court ("the Court") is hereby established. It shall be a permanent institution and shall have the power to exercise its jurisdiction over persons for the

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