Rome Statute of the International Criminal Court - Revision history

Jbraun at 11:22, 21 October 2010

2010-10-21T11:22:06Z

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Jbraun at 11:13, 21 October 2010

2010-10-21T11:13:53Z

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Jbraun at 11:04, 21 October 2010

2010-10-21T11:04:56Z

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Jbraun: /* Article 31 Grounds for Excluding Criminal Responsibilit */

2010-10-20T15:25:03Z

Article 31 Grounds for Excluding Criminal Responsibilit

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	3. At trial, the Court may consider a ground for excluding criminal responsibility other than those referred to in paragraph 1 where such a ground is derived from applicable law as set forth in article 21. The procedures relating to the consideration of such a ground shall be provided for in the Rules of Procedure and Evidence.		3. At trial, the Court may consider a ground for excluding criminal responsibility other than those referred to in paragraph 1 where such a ground is derived from applicable law as set forth in article 21. The procedures relating to the consideration of such a ground shall be provided for in the Rules of Procedure and Evidence.

	===Article 32 Mistake of Fact or Mistake of Law===		===Article 32 Mistake of Fact or Mistake of Law===

	1. A mistake of fact shall be a ground for excluding criminal responsibility only if it negates the mental element required by the crime.		1. A mistake of fact shall be a ground for excluding criminal responsibility only if it negates the mental element required by the crime.

	2. A mistake of law as to whether a particular type of conduct is a crime within the jurisdiction of the Court shall not be a ground for excluding criminal responsibility. A mistake of law may, however, be a ground for excluding criminal responsibility if it negates the mental element required by such a crime, or as provided for in article 33.		2. A mistake of law as to whether a particular type of conduct is a crime within the jurisdiction of the Court shall not be a ground for excluding criminal responsibility. A mistake of law may, however, be a ground for excluding criminal responsibility if it negates the mental element required by such a crime, or as provided for in article 33.

	===Article 33 Superior Orders and Prescription of Law===		===Article 33 Superior Orders and Prescription of Law===

Jbraun at 15:24, 20 October 2010

2010-10-20T15:24:39Z

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	2. For the purposes of this article, orders to commit genocide or crimes against humanity are manifestly unlawful.		2. For the purposes of this article, orders to commit genocide or crimes against humanity are manifestly unlawful.

	==Part 4:==		==Part 4: Composition and Administration of the Court==

			Parts 4-13 Coming Soon

	----		----
	See [[International Law]]		See [[International Law]]

Jbraun at 15:22, 20 October 2010

2010-10-20T15:22:45Z

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Jbraun: /* Article 21 Applicable Law */

2010-10-20T15:15:59Z

Article 21 Applicable Law

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	1. The Court shall apply:		1. The Court shall apply:

	(a) In the first place, this Statute, Elements of Crimes and its Rules of Procedure and Evidence;		(a) In the first place, this Statute, Elements of Crimes and its Rules of Procedure and Evidence;

Jbraun: /* Article 20 Ne Bis In Idem */

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Article 20 Ne Bis In Idem

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	11. If the Prosecutor, having regard to the matters referred to in article 17, defers an investigation, the Prosecutor may request that the relevant State make available to the Prosecutor information on the proceedings. That information shall, at the request of the State concerned, be confidential. If the Prosecutor thereafter decides to proceed with an investigation, he or she shall notify the State to which deferral of the proceedings has taken place.		11. If the Prosecutor, having regard to the matters referred to in article 17, defers an investigation, the Prosecutor may request that the relevant State make available to the Prosecutor information on the proceedings. That information shall, at the request of the State concerned, be confidential. If the Prosecutor thereafter decides to proceed with an investigation, he or she shall notify the State to which deferral of the proceedings has taken place.

	===Article 20 Ne Bis In Idem===		===Article 20 ''Ne Bis In Idem''===

	1. Except as provided in this Statute, no person shall be tried before the Court with respect to conduct which formed the basis of crimes for which the person has been convicted or acquitted by the Court.		1. Except as provided in this Statute, no person shall be tried before the Court with respect to conduct which formed the basis of crimes for which the person has been convicted or acquitted by the Court.

Jbraun: /* Article 17 Issues of Admissibility */

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Article 17 Issues of Admissibility

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	1. Having regard to paragraph 10 of the Preamble and article 1, the Court shall determine that a case is inadmissible where:		1. Having regard to paragraph 10 of the Preamble and article 1, the Court shall determine that a case is inadmissible where:

	(a) The case is being investigated or prosecuted by a State which has jurisdiction over it, unless the State is unwilling or unable genuinely to carry out the investigation or prosecution;		(a) The case is being investigated or prosecuted by a State which has jurisdiction over it, unless the State is unwilling or unable genuinely to carry out the investigation or prosecution;

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	2. In order to determine unwillingness in a particular case, the Court shall consider, having regard to the principles of due process recognized by international law, whether one or more of the following exist, as applicable:		2. In order to determine unwillingness in a particular case, the Court shall consider, having regard to the principles of due process recognized by international law, whether one or more of the following exist, as applicable:

	(a) The proceedings were or are being undertaken or the national decision was made for the purpose of shielding the person concerned from criminal responsibility for crimes within the jurisdiction of the Court referred to in article 5;		(a) The proceedings were or are being undertaken or the national decision was made for the purpose of shielding the person concerned from criminal responsibility for crimes within the jurisdiction of the Court referred to in article 5;

Jbraun: /* Article 15 Prosecutor */

2010-10-20T15:12:31Z

Article 15 Prosecutor

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	===Article 15 Prosecutor===		===Article 15 Prosecutor===

	~~Prosecutor~~
	1. The Prosecutor may initiate investigations proprio motu on the basis of information on crimes within the jurisdiction of the Court.		1. The Prosecutor may initiate investigations proprio motu on the basis of information on crimes within the jurisdiction of the Court.
	2. The Prosecutor shall analyse the seriousness of the information received. For this purpose, he or she may seek additional information from States, organs of the United Nations, intergovernmental or non-governmental organizations, or other reliable sources that he or she deems appropriate, and may receive written or oral testimony at the seat of the Court.
	3. If the Prosecutor concludes that there is a reasonable basis to proceed with an investigation, he or she shall submit to the Pre-Trial Chamber a request for authorization of an investigation, together with any supporting material collected. Victims may make representations to the Pre-Trial Chamber, in accordance with the Rules of Procedure and Evidence.		2. The Prosecutor shall analyse the seriousness of the information received. For this purpose, he or she may seek additional information from States, organs of the United Nations, intergovernmental or non-governmental organizations, or other reliable sources that he or she deems appropriate, and may receive written or oral testimony at the seat of the Court.
	4. If the Pre-Trial Chamber, upon examination of the request and the supporting material, considers that there is a reasonable basis to proceed with an investigation, and that the case appears to fall within the jurisdiction of the Court, it shall authorize the commencement of the investigation, without prejudice to subsequent determinations by the Court with regard to the jurisdiction and admissibility of a case.
	5. The refusal of the Pre-Trial Chamber to authorize the investigation shall not preclude the presentation of a subsequent request by the Prosecutor based on new facts or evidence regarding the same situation.		3. If the Prosecutor concludes that there is a reasonable basis to proceed with an investigation, he or she shall submit to the Pre-Trial Chamber a request for authorization of an investigation, together with any supporting material collected. Victims may make representations to the Pre-Trial Chamber, in accordance with the Rules of Procedure and Evidence.
	6. If, after the preliminary examination referred to in paragraphs 1 and 2, the Prosecutor concludes that the information provided does not constitute a reasonable basis for an investigation, he or she shall inform those who provided the information. This shall not preclude the Prosecutor from considering further information submitted to him or her regarding the same situation in the light of new facts or evidence.
			4. If the Pre-Trial Chamber, upon examination of the request and the supporting material, considers that there is a reasonable basis to proceed with an investigation, and that the case appears to fall within the jurisdiction of the Court, it shall authorize the commencement of the investigation, without prejudice to subsequent determinations by the Court with regard to the jurisdiction and admissibility of a case.

			5. The refusal of the Pre-Trial Chamber to authorize the investigation shall not preclude the presentation of a subsequent request by the Prosecutor based on new facts or evidence regarding the same situation.

			6. If, after the preliminary examination referred to in paragraphs 1 and 2, the Prosecutor concludes that the information provided does not constitute a reasonable basis for an investigation, he or she shall inform those who provided the information. This shall not preclude the Prosecutor from considering further information submitted to him or her regarding the same situation in the light of new facts or evidence.

	===Article 16 Deferral of Investigation or Prosecution===		===Article 16 Deferral of Investigation or Prosecution===