Difference between revisions of "Rome Statute of the International Criminal Court"

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'''Article 7: Crimes Against Humanity'''
 
'''Article 7: Crimes Against Humanity'''
 
*1.        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:
 
*1.        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;
 
(a)    Murder;
  
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(g)    Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity;
 
(g)    Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of 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 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.
 
 
2.        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 infliction 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 trafficking 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 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 include pain 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 the intent of affecting the ethnic composition of any population or carrying out other grave violations of international law. This definition 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.
+
(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 as impermissible under international law, in connection with any act referred to in this paragraph or any crime within the jurisdiction of the Court;
  
===Article 8: War Crimes===
+
(i)    Enforced disappearance of persons;
  
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.
+
(j)    The crime of apartheid;
  
2.        For the purpose of this Statute, "war crimes" means:
+
(k)    Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.
*(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;
+
*2.        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;
  
(iii)    Wilfully causing great suffering, or serious injury to body or health;
+
(b)    "Extermination" includes the intentional infliction 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;
  
(iv)    Extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly;
+
(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 trafficking in persons, in particular women and children;
  
(v)    Compelling a prisoner of war or other protected person to serve in the forces of a hostile Power;
+
(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;
  
(vi)    Wilfully depriving a prisoner of war or other protected person of the rights of fair and regular trial;
+
(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 include pain or suffering arising only from, inherent in or incidental to, lawful sanctions;
  
(vii)    Unlawful deportation or transfer or unlawful confinement;
+
(f)    "Forced pregnancy" means the unlawful confinement 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 definition shall not in any way be interpreted as affecting national laws relating to pregnancy;
  
(viii)    Taking of hostages.
+
(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;
*(b)    Other serious violations of the laws and customs applicable in international armed conflict, 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 individual civilians not taking direct part in hostilities;
 
  
(ii)    Intentionally directing attacks against civilian objects, that is, objects which are not military objectives;
+
(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.
  
(iii)    Intentionally directing attacks against personnel, installations, material, units or vehicles involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations, as long as they are entitled to the protection given to civilians or civilian objects under the international law of armed conflict;
+
*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.
  
(iv)    Intentionally launching an attack in the knowledge that such attack will cause incidental loss of life or injury to civilians or damage to civilian objects or widespread, long-term and severe damage to the natural environment which would be clearly excessive in relation to the concrete and direct overall military advantage anticipated;
+
'''Article 8: War Crimes'''
  
(v)    Attacking or bombarding, by whatever means, towns, villages, dwellings or buildings which are undefended and which are not military objectives;
+
*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.
  
(vi)    Killing or wounding a combatant who, having laid down his arms or having no longer means of defence, has surrendered at discretion;
+
*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:
(vii)    Making improper use of a flag of truce, of the flag or of the military insignia and uniform of the enemy or of the United Nations, as well as of the distinctive emblems of the Geneva Conventions, resulting in death or serious personal injury;
+
*(i)    Wilful killing;
 
+
*(ii)    Torture or inhuman treatment, including biological experiments;
(viii)    The transfer, directly or indirectly, by the Occupying Power of parts of its own civilian population into the territory it occupies, or the deportation or transfer of all or parts of the population of the occupied territory within or outside this territory;
+
*(iii)    Wilfully causing great suffering, or serious injury to body or health;
 
+
*(iv)    Extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly;
(ix)    Intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected, provided they are not military objectives;
+
*(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;
(x)    Subjecting persons who are in the power of an adverse party to physical mutilation or 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, and which cause death to or seriously endanger the health of such person or persons;
+
*(vii)    Unlawful deportation or transfer or unlawful confinement;
 
+
*(viii)    Taking of hostages.
(xi)    Killing or wounding treacherously individuals belonging to the hostile nation or army;
+
           
 
+
(b)    Other serious violations of the laws and customs applicable in international armed conflict, within the established framework of international law, namely, any of the following acts:
(xii)    Declaring that no quarter will be given;
+
*(i)    Intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part in hostilities;
 
+
*(ii)    Intentionally directing attacks against civilian objects, that is, objects which are not military objectives;
(xiii)    Destroying or seizing the enemy's property unless such destruction or seizure be imperatively demanded by the necessities of war;
+
*(iii)    Intentionally directing attacks against personnel, installations, material, units or vehicles involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations, as long as they are entitled to the protection given to civilians or civilian objects under the international law of armed conflict;
 
+
*(iv)    Intentionally launching an attack in the knowledge that such attack will cause incidental loss of life or injury to civilians or damage to civilian objects or widespread, long-term and severe damage to the natural environment which would be clearly excessive in relation to the concrete and direct overall military advantage anticipated;
            (xiv)    Declaring abolished, suspended or inadmissible in a court of law the rights and actions of the nationals of the hostile party;
+
*(v)    Attacking or bombarding, by whatever means, towns, villages, dwellings or buildings which are undefended and which are not military objectives;
 
+
*(vi)    Killing or wounding a combatant who, having laid down his arms or having no longer means of defence, has surrendered at discretion;
            (xv)    Compelling the nationals of the hostile party to take part in the operations of war directed against their own country, even if they were in the belligerent's service before the commencement of the war;
+
*(vii)    Making improper use of a flag of truce, of the flag or of the military insignia and uniform of the enemy or of the United Nations, as well as of the distinctive emblems of the Geneva Conventions, resulting in death or serious personal injury;
 
+
*(viii)    The transfer, directly or indirectly, by the Occupying Power of parts of its own civilian population into the territory it occupies, or the deportation or transfer of all or parts of the population of the occupied territory within or outside this territory;
            (xvi)    Pillaging a town or place, even when taken by assault;
+
*(ix)    Intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected, provided they are not military objectives;
 
+
*(x)    Subjecting persons who are in the power of an adverse party to physical mutilation or 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, and which cause death to or seriously endanger the health of such person or persons;
            (xvii)    Employing poison or poisoned weapons;
+
*(xi)    Killing or wounding treacherously individuals belonging to the hostile nation or army;
 
+
*(xii)    Declaring that no quarter will be given;
            (xviii)    Employing asphyxiating, poisonous or other gases, and all analogous liquids, materials or devices;
+
*(xiii)    Destroying or seizing the enemy's property unless such destruction or seizure be imperatively demanded by the necessities of war;
 
+
*(xiv)    Declaring abolished, suspended or inadmissible in a court of law the rights and actions of the nationals of the hostile party;
            (xix)    Employing bullets which expand or flatten easily in the human body, such as bullets with a hard envelope which does not entirely cover the core or is pierced with incisions;
+
*(xv)    Compelling the nationals of the hostile party to take part in the operations of war directed against their own country, even if they were in the belligerent's service before the commencement of the war;
 
+
*(xvi)    Pillaging a town or place, even when taken by assault;
            (xx)    Employing weapons, projectiles and material and methods of warfare which are of a nature to cause superfluous injury or unnecessary suffering or which are inherently indiscriminate in violation of the international law of armed conflict, provided that such weapons, projectiles and material and methods of warfare are the subject of a comprehensive prohibition and are included in an annex to this Statute, by an amendment in accordance with the relevant provisions set forth in articles 121 and 123;
+
*(xvii)    Employing poison or poisoned weapons;
 
+
*(xviii)    Employing asphyxiating, poisonous or other gases, and all analogous liquids, materials or devices;
            (xxi)    Committing outrages upon personal dignity, in particular humiliating and degrading treatment;
+
*(xix)    Employing bullets which expand or flatten easily in the human body, such as bullets with a hard 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 nature to cause superfluous injury or unnecessary suffering or which are inherently indiscriminate in violation of the international law of armed conflict, provided that such weapons, projectiles and material and methods of warfare are the subject of a comprehensive prohibition and are included in an annex to this Statute, by an amendment in accordance with the relevant provisions set forth in articles 121 and 123;
            (xxii)    Committing rape, sexual slavery, enforced prostitution, forced pregnancy, as defined in article 7, paragraph 2 (f), enforced sterilization, or any other form of sexual violence also constituting a grave breach of the Geneva Conventions;
+
*(xxi)    Committing outrages upon personal dignity, in particular humiliating and degrading treatment;
 
+
*(xxii)    Committing rape, sexual slavery, enforced prostitution, forced pregnancy, as defined in article 7, paragraph 2 (f), enforced sterilization, or any other form of sexual violence also constituting a grave breach of the Geneva Conventions;
            (xxiii)    Utilizing the presence of a civilian or other protected person to render certain points, areas or military forces immune from military operations;
+
*(xxiii)    Utilizing the presence of a civilian or other protected person to render certain points, areas or military forces immune from military operations;
 
+
*(xxiv)    Intentionally directing attacks against buildings, material, medical units and transport, and personnel using the distinctive emblems of the Geneva Conventions in conformity with international law;
            (xxiv)    Intentionally directing attacks against buildings, material, medical units and transport, and personnel using the distinctive emblems of the Geneva Conventions in conformity with international law;
+
*(xxv)    Intentionally using starvation of civilians as a method of warfare by depriving them of objects indispensable to their survival, including willfully impeding relief supplies as provided for under the Geneva Conventions;
 
+
*(xxvi)    Conscripting or enlisting children under the age of fifteen years into the national armed forces or using them to participate actively in hostilities.
            (xxv)    Intentionally using starvation of civilians as a method of warfare by depriving them of objects indispensable to their survival, including wilfully impeding relief supplies as provided for under the Geneva Conventions;
 
 
 
            (xxvi)    Conscripting or enlisting children under the age of fifteen years into the national armed forces or using them to participate actively in hostilities.
 
 
              
 
              
      (c)    In the case of an armed conflict not of an international character, serious violations of article 3 common to the four Geneva Conventions of 12 August 1949, namely, any of the following acts committed against persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention or any other cause:
+
(c)    In the case of an armed conflict not of an international character, serious violations of article 3 common to the four Geneva Conventions of 12 August 1949, namely, any of the following acts committed against persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention or any other cause:
     
+
*(i)    Violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;
            (i)    Violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;
+
*(ii)    Committing outrages upon personal dignity, in particular humiliating and degrading treatment;
 
+
*(iii)    Taking of hostages;
            (ii)    Committing outrages upon personal dignity, in particular humiliating and degrading treatment;
+
*(iv)    The passing of sentences and the carrying out of executions without previous judgement pronounced by a regularly constituted court, affording all judicial guarantees which are generally recognized as indispensable.
 
 
            (iii)    Taking of hostages;
 
 
 
            (iv)    The passing of sentences and the carrying out of executions without previous judgement pronounced by a regularly constituted court, affording all judicial guarantees which are generally recognized as indispensable.
 
 
              
 
              
      (d)    Paragraph 2 (c) applies to armed conflicts not of an international character and thus does not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence or other acts of a similar nature.
+
(d)    Paragraph 2 (c) applies to armed conflicts not of an international character and thus does not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence or other acts of a similar nature.
 
 
      (e)    Other serious violations of the laws and customs applicable in armed conflicts not of an international character, 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 individual civilians not taking direct part in hostilities;
 
 
 
            (ii)    Intentionally directing attacks against buildings, material, medical units and transport, and personnel using the distinctive emblems of the Geneva Conventions in conformity with international law;
 
 
 
            (iii)    Intentionally directing attacks against personnel, installations, material, units or vehicles involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations, as long as they are entitled to the protection given to civilians or civilian objects under the international law of armed conflict;
 
 
 
            (iv)    Intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected, provided they are not military objectives;
 
 
 
            (v)    Pillaging a town or place, even when taken by assault;
 
 
 
            (vi)    Committing rape, sexual slavery, enforced prostitution, forced pregnancy, as defined in article 7, paragraph 2 (f), enforced sterilization, and any other form of sexual violence also constituting a 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 or using them to participate actively in hostilities;
 
 
 
            (viii)    Ordering the displacement of the civilian population for reasons related to the conflict, unless the 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 mutilation or 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, and which cause death to or seriously endanger the health of such person or persons;
+
(e)    Other serious violations of the laws and customs applicable in armed conflicts not of an international character, 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 individual civilians not taking direct part in hostilities;
 +
*(ii)    Intentionally directing attacks against buildings, material, medical units and transport, and personnel using the distinctive emblems of the Geneva Conventions in conformity with international law;
 +
*(iii)    Intentionally directing attacks against personnel, installations, material, units or vehicles involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations, as long as they are entitled to the protection given to civilians or civilian objects under the international law of armed conflict;
 +
*(iv)    Intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected, provided they are not military objectives;
 +
*(v)    Pillaging a town or place, even when taken by assault;
 +
*(vi)    Committing rape, sexual slavery, enforced prostitution, forced pregnancy, as defined in article 7, paragraph 2 (f), enforced sterilization, and any other form of sexual violence also constituting a 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 or using them to participate actively in hostilities;
 +
*(viii)    Ordering the displacement of the civilian population for reasons related to the conflict, unless the 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 mutilation or 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, and which 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 be imperatively demanded by the necessities of the conflict;
  
            (xii)    Destroying or seizing the property of an adversary unless such destruction or seizure be imperatively demanded by the necessities of the conflict;
+
(f)      Paragraph 2 (e) applies to armed conflicts not of an international character and thus does not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence or other acts of a similar nature. It applies to armed conflicts that take place in the territory of a State when there is protracted armed conflict between governmental authorities and organized armed groups or between such groups.
           
 
      (f)      Paragraph 2 (e) applies to armed conflicts not of an international character and thus does not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence or other acts of a similar nature. It applies to armed conflicts that take place in the territory of a State when there is protracted armed conflict between governmental authorities and organized armed groups or between such groups.
 
  
 
*3.        Nothing in paragraph 2 (c) and (e) shall affect the responsibility of a Government to maintain or re-establish law and order in the State or to defend the unity and territorial integrity of the State, by all legitimate means.
 
*3.        Nothing in paragraph 2 (c) and (e) shall affect the responsibility of a Government to maintain or re-establish law and order in the State or to defend the unity and territorial integrity of the State, by all legitimate means.
  
===Article 9===
+
'''Article 9: Elements of Crimes'''
 
 
Elements of Crimes
 
 
*1.        Elements of Crimes shall assist the Court in the interpretation and application of articles 6, 7 and 8. They shall be adopted by a two-thirds majority of the members of the Assembly of States Parties.
 
*1.        Elements of Crimes shall assist the Court in the interpretation and application of articles 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:
 
*2.        Amendments to the Elements of Crimes may be proposed by:
 
 
(a)    Any State Party;
 
(a)    Any State Party;
  
Line 238: Line 197:
  
 
Such amendments shall be adopted by a two-thirds majority of the members of the Assembly of States Parties.
 
Such amendments shall be adopted by a two-thirds majority of the members of the Assembly of States Parties.
 +
 
*3.        The Elements of Crimes and amendments thereto shall be consistent with this Statute.
 
*3.        The Elements of Crimes and amendments thereto shall be consistent with this Statute.
  
===Article 10===
+
'''Article 10'''
  
 
Nothing in this Part shall be interpreted as limiting or prejudicing in any way existing or developing rules of international law for purposes other than this Statute.
 
Nothing in this Part shall be interpreted as limiting or prejudicing in any way existing or developing rules of international law for purposes other than this Statute.
  
===Article 11===
+
'''Article 11: Jurisdiction Ratione Temporis'''
 
 
Jurisdiction ratione temporis
 
 
*1.        The Court has jurisdiction only with respect to crimes committed after the entry into force of this Statute.
 
*1.        The Court has jurisdiction only with respect to crimes 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 with respect to crimes committed after the entry into force of this Statute for that State, unless that State has made a declaration under article 12, paragraph 3.
 
*2.        If a State becomes a Party to this Statute after its entry into force, the Court may exercise its jurisdiction only with respect to crimes committed after the entry into force of this Statute for that State, unless that State has made a declaration under article 12, paragraph 3.
  
===Article 12===
+
'''Article 12: Preconditions to the Exercise of Jurisdiction'''
 
 
Preconditions to the exercise of jurisdiction
 
 
*1.        A State which becomes a Party to this Statute thereby accepts the jurisdiction of the Court with respect to the crimes referred to in article 5.
 
*1.        A State which becomes a Party to this Statute thereby accepts the jurisdiction of the Court with respect to the crimes referred to in article 5.
  
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*3.        If the acceptance of a State which is not a Party to this Statute is required under paragraph 2, that State may, by declaration lodged with the Registrar, accept the exercise of jurisdiction by the Court with respect to the crime in question. The accepting State shall cooperate with the Court without any delay or exception in accordance with Part 9.
 
*3.        If the acceptance of a State which is not a Party to this Statute is required under paragraph 2, that State may, by declaration lodged with the Registrar, accept the exercise of jurisdiction by the Court with respect to the crime in question. The accepting State shall cooperate with the Court without any delay or exception in accordance with Part 9.
  
===Article 13===
+
'''Article 13: Exercise of Jurisdiction'''
 
 
Exercise of jurisdiction
 
  
 
The Court may exercise its jurisdiction with respect to a crime referred to in article 5 in accordance with the provisions of this Statute if:
 
The Court may exercise its jurisdiction with respect to a crime referred to in article 5 in accordance with the provisions of this Statute if:
Line 274: Line 228:
 
*      (c)    The Prosecutor has initiated an investigation in respect of such a crime in accordance with article 15.
 
*      (c)    The Prosecutor has initiated an investigation in respect of such a crime in accordance with article 15.
  
===Article 14===
+
'''Article 14: Referral of a Situation by a State Party'''
 
 
Referral of a situation by a State Party
 
 
 
*1.        A State Party may refer to the Prosecutor a situation in which one or more crimes within the jurisdiction of the Court appear to have been committed requesting the Prosecutor to investigate the situation for the purpose of determining whether one or more specific persons should be charged with the commission of such crimes.
 
*1.        A State Party may refer to the Prosecutor a situation in which one or more crimes within the jurisdiction of the Court appear to have been committed requesting the Prosecutor to investigate the situation for the purpose of determining whether one or more specific persons should be charged with the commission of such crimes.
 
   
 
   
 
*2.        As far as possible, a referral shall specify the relevant circumstances and be accompanied by such supporting documentation as is available to the State referring the situation.
 
*2.        As far as possible, a referral shall specify the relevant circumstances and be accompanied by such supporting documentation as is available to the State referring the situation.
 
   
 
   
===Article 15===
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'''Article 15: Prosecutor'''
  
 
Prosecutor
 
Prosecutor
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*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.
 
*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===
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'''Article 16Deferral of Investigation or Prosecution'''
 
+
*No investigation or prosecution may be commenced or proceeded with under this Statute for a period of 12 months after the Security Council, in a resolution adopted under Chapter VII of the Charter of the United Nations, has requested the Court to that effect; that request may be renewed by the Council under the same conditions.
Deferral of investigation or prosecution
 
 
 
No investigation or prosecution may be commenced or proceeded with under this Statute for a period of 12 months after the Security Council, in a resolution adopted under Chapter VII of the Charter of the United Nations, has requested the Court to that effect; that request may be renewed by the Council under the same conditions.
 
 
 
===Article 17===
 
  
Issues of admissibility
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'''Article 17: Issues of Admissibility'''
 
 
*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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*3.        In order to determine inability in a particular case, the Court shall consider whether, due to a total or substantial collapse or unavailability of its national judicial system, the State is unable to obtain the accused or the necessary evidence and testimony or otherwise unable to carry out its proceedings.
 
*3.        In order to determine inability in a particular case, the Court shall consider whether, due to a total or substantial collapse or unavailability of its national judicial system, the State is unable to obtain the accused or the necessary evidence and testimony or otherwise unable to carry out its proceedings.
  
===Article 18===
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'''Article 18: Preliminary Ruling Regards Admissibility'''
 
 
Preliminary rulings regarding admissibility
 
 
*1.        When a situation has been referred to the Court pursuant to article 13 (a) and the Prosecutor has determined that there would be a reasonable basis to commence an investigation, or the Prosecutor initiates an investigation pursuant to articles 13 (c) and 15, the Prosecutor shall notify all States Parties and those States which, taking into account the information available, would normally exercise jurisdiction over the crimes concerned. The Prosecutor may notify such States on a confidential basis and, where the Prosecutor believes it necessary to protect persons, prevent destruction of evidence or prevent the absconding of persons, may limit the scope of the information provided to States.
 
*1.        When a situation has been referred to the Court pursuant to article 13 (a) and the Prosecutor has determined that there would be a reasonable basis to commence an investigation, or the Prosecutor initiates an investigation pursuant to articles 13 (c) and 15, the Prosecutor shall notify all States Parties and those States which, taking into account the information available, would normally exercise jurisdiction over the crimes concerned. The Prosecutor may notify such States on a confidential basis and, where the Prosecutor believes it necessary to protect persons, prevent destruction of evidence or prevent the absconding of persons, may limit the scope of the information provided to States.
  
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*7.        A State which has challenged a ruling of the Pre-Trial Chamber under this article may challenge the admissibility of a case under article 19 on the grounds of additional significant facts or significant change of circumstances.
 
*7.        A State which has challenged a ruling of the Pre-Trial Chamber under this article may challenge the admissibility of a case under article 19 on the grounds of additional significant facts or significant change of circumstances.
 
   
 
   
===Article 19===
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'''Article 19'''
  
 
Challenges to the jurisdiction of the Court
 
Challenges to the jurisdiction of the Court
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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===
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'''Article 20: Ne Bis In Idem'''
 
 
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.
  
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(b)Otherwise were not conducted independently or impartially in accordance with the norms of due process recognized by international law and were conducted in a manner which, in the circumstances, was inconsistent with an intent to bring the person concerned to justice.
 
(b)Otherwise were not conducted independently or impartially in accordance with the norms of due process recognized by international law and were conducted in a manner which, in the circumstances, was inconsistent with an intent to bring the person concerned to justice.
  
===Article 21===
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'''Article 21: Applicable Law'''
 
 
Applicable law
 
 
*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;
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*3.        The application and interpretation of law pursuant to this article must be consistent with internationally recognized human rights, and be without any adverse distinction founded on grounds such as gender as defined in article 7, paragraph 3, age, race, colour, language, religion or belief, political or other opinion, national, ethnic or social origin, wealth, birth or other status.
 
*3.        The application and interpretation of law pursuant to this article must be consistent with internationally recognized human rights, and be without any adverse distinction founded on grounds such as gender as defined in article 7, paragraph 3, age, race, colour, language, religion or belief, political or other opinion, national, ethnic or social origin, wealth, birth or other status.
 
===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 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 Nations
 
*The 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 Court'''===
 
*1. 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 Court'''===
 
*1. 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 fulfillment 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.
 

Revision as of 14:58, 1 June 2010