Preamble
Preamble
We, the States Parties to this Treaty,
Recognizing the equal dignity, worth, and fundamental rights of all human beings;
Affirming respect for all faiths, beliefs, traditions, and those of no religious faith;
Recognizing the right of peoples to live in peace, security, freedom, and dignity;
Seeking justice, peace, truth, reconciliation, accountability, and the peaceful resolution of disputes;
Determined to establish an independent international Court that serves the people and protects the rights and dignity of all persons;
Recognizing that serious crimes and violations of international law may affect not only individuals and nations, but humanity as a whole;
Determined that genocide, crimes against humanity, war crimes, human trafficking, sexual exploitation, abduction, and other serious violations of law should not go unanswered where lawful jurisdiction exists;
Affirming that no person, State, government, institution, organisation, ruler, official, or other authority should be above the law where the Court has lawful jurisdiction;
Recognizing the importance of transparent and accessible justice, including public proceedings and live broadcasting, so that people may observe the administration of justice;
Recognizing the importance of modern technology and secure remote proceedings in making international justice accessible, efficient, and available to people regardless of geographical location;
Determined to provide victims and witnesses with protection, dignity, and an opportunity to be heard while preserving the fundamental rights of accused persons;
Affirming the independence and impartiality of judges, investigators, prosecutors, and other officers of the Court;
Seeking to establish a Court capable of investigating serious violations on its own initiative where lawful jurisdiction exists, while also receiving information from States, international organisations, humanitarian organisations, human-rights organisations, victims, witnesses, and other reliable sources;
Determined that justice should not depend upon wealth, nationality, political power, religious belief, social position, royal status, governmental office, or other position of authority;
Agree to establish an independent international institution known as the God's Court of the People.
This Court exists to uphold justice, peace, truth, human dignity, accountability, and respect among all peoples.
The Court recognises that no State, government, institution, organisation, official, ruler, or individual is above the law where the Court has lawful jurisdiction.
The Court shall seek to protect victims, uphold the rights of all persons appearing before it, and ensure that justice is administered independently, transparently, impartially, and without discrimination.
The Court shall serve the people and the international community by providing a forum in which serious violations of law may be investigated, heard, judged, and, where appropriate, sentenced in accordance with this Treaty and applicable international law.
The Court shall strive to ensure that justice is accessible to all people regardless of nationality, wealth, status, religion, political opinion, or position of authority.
Establishment
The States Parties hereby establish the God's Court of the People as an independent international judicial institution under this Treaty.
The Court shall exercise its functions and powers in accordance with this Treaty and the applicable principles and rules of international law.
The Court shall be independent and impartial in the exercise of its judicial functions and shall not be subject to direction or interference from any State Party or other external authority.
Purpose, Proceedings and Sentencing
The Court shall promote justice, peace, truth, reconciliation, accountability, and the peaceful resolution of international disputes.
The Court may hear disputes concerning matters of international law, including disputes concerning borders, territorial claims, and the legality of the initiation or conduct of armed conflict, where the Court has jurisdiction under this Treaty or another applicable international agreement.
Subject to its jurisdiction, the Court may hear allegations concerning: a. genocide; b. crimes against humanity; c. war crimes; d. sexual abuse, exploitation, and trafficking of children; e. abduction and kidnapping; f. sex trafficking and other forms of human trafficking; g. serious organised criminal activity; h. serious violations of international law; and i. other offences established under this Treaty or an applicable international agreement.
Where a person or matter falls outside the territorial or personal jurisdiction of the Court, the Court may nevertheless conduct proceedings where jurisdiction is otherwise established under this Treaty or applicable international law, including where a person has been lawfully notified of proceedings and declines or refuses to recognise, attend, or participate in the proceedings.
A judgment or sentence made against a person who is outside the jurisdiction of the Court shall remain a judicial determination of the Court. Physical enforcement of any sentence against that person shall occur only where the person subsequently enters, or is otherwise lawfully brought within, the jurisdiction of a State Party or another jurisdiction that has lawfully agreed to enforce the Court's judgment or sentence.
The Court shall encourage reconciliation, mediation, restorative justice, and other peaceful forms of dispute resolution where appropriate and consistent with justice and the rights of victims.
The Court shall protect the dignity, equality, safety, and fundamental rights of every person appearing before it.
Proceedings of the Court shall be public and transparent. Trials and other public hearings shall ordinarily be broadcast live through appropriate media and communication platforms so that members of the public may observe the administration of justice. Restrictions on public access or live broadcasting shall only be permitted where the Court determines that a restriction is necessary for the protection of a victim, witness, child, confidential information, national security, or the proper administration of justice.
The Court may determine that proceedings, hearings, preliminary proceedings, investigations, or other judicial proceedings shall be conducted wholly or partly by secure video link or other approved remote means. Remote proceedings may be used as a normal method of operation of the Court and shall not be limited to circumstances involving danger or inability to attend in person.
The Court may determine the appropriate method of attendance for each case, taking into account the interests of justice, the rights of all parties, the safety and welfare of participants, the nature and complexity of the proceedings, available facilities, and the effective and economical administration of the Court.
Remote participation may take place from a person's home, a police station, prison, detention facility, legal office, or another secure location approved by the Court. Where necessary for safety, security, custody, or enforcement purposes, appropriate law-enforcement or authorised personnel may be present at the location from which the person participates.
The use of remote proceedings shall not prevent the Court from requiring physical attendance where it determines that physical attendance is necessary for a fair, effective, or safe proceeding.
Where the Court finds a person guilty, the Court shall have authority to determine and impose an appropriate sentence in accordance with this Treaty, the gravity of the offence, the circumstances of the convicted person, and the principles of justice.
Sentences imposed by the Court shall be judgments of the Court and shall not be reduced, altered, or replaced solely because the convicted person is subsequently located within a State whose national law provides a different maximum or minimum sentence for the same conduct.
The Court may enter agreements with States Parties concerning the enforcement of its sentences, including imprisonment, life imprisonment, transfer of prisoners, confiscation of assets, restitution, deportation or removal following completion of a sentence, and other lawful forms of enforcement.
Where a sentence imposed by the Court cannot lawfully be enforced in the State where the convicted person is located, the Court may seek the transfer of that person to another State Party that has agreed and is legally able to enforce the sentence.
The Court may establish and maintain a Court Enforcement Service consisting of appropriately authorised officers responsible for carrying out Court warrants, orders, arrests, transfers, property recovery, confiscation, removal, deportation, and other enforcement functions authorised by the Court.
Court Enforcement Officers may exercise their powers within the territory of a State Party where authorised by this Treaty and the law of that State, and may operate within other territories where the relevant State or competent authority has lawfully authorised or requested their assistance.
The Court Enforcement Service shall cooperate with national police, border, customs, prison, judicial, financial, and other competent authorities where necessary to enforce the lawful orders and judgments of the Court.
Where the Court determines that the gravity of an offence warrants the maximum available sentence, the Court may impose the death penalty where such penalty is expressly authorised under this Treaty and the requirements established by this Treaty have been satisfied.
A sentence of death imposed by the Court may be enforced only through a State Party or other competent authority that has lawfully agreed and is legally authorised to carry out such a sentence. Where the State in which the convicted person is located cannot lawfully carry out the sentence, the Court may seek the lawful transfer of the person to another State Party able and willing to enforce the sentence, subject to this Treaty and applicable international law.
No person shall be transferred, deported, removed, imprisoned, subjected to capital punishment, or otherwise subjected to enforcement action except pursuant to a lawful order or judgment of the Court and in accordance with the safeguards and procedures established by this Treaty.
The Court shall have authority to establish appropriate systems for the recording, preservation, publication, and public access of proceedings and judgments, subject to the protections established by this Treaty.
No person shall be exempt from the jurisdiction, investigation, arrest, prosecution, trial, judgment, or sentencing of the Court solely because of their official, political, royal, governmental, military, religious, diplomatic, financial, social, or other status.
This includes, without limitation, Heads of State, monarchs, members of royal families, Heads of Government, presidents, prime ministers, ministers, legislators, judges, military commanders, senior public officials, diplomats, religious leaders, political leaders, business leaders, or any other person exercising public or private authority.
Official position, rank, title, diplomatic status, immunity granted by national law, or membership of a government or organisation shall not by itself prevent the Court from exercising jurisdiction where the requirements of this Treaty have been satisfied.
The Court shall have authority under this Treaty to issue arrest warrants and other lawful orders against any person subject to its jurisdiction, regardless of their official position or status.
Principles
The Court shall be independent and impartial in the exercise of its judicial functions.
The Court shall respect freedom of religion, belief, conscience, and the right to hold no religious belief.
The Court shall treat every person equally before the law, without discrimination on the grounds of nationality, religion, belief, ethnicity, sex, political opinion, or other status.
The Court shall determine cases in accordance with this Treaty, applicable international law, and the fundamental principles of a fair and impartial judicial process.
Proceedings shall be conducted openly and transparently, subject only to restrictions necessary to protect victims, witnesses, children, confidential information, national security, or the proper administration of justice.
The Court shall respect the dignity, fundamental rights, and safety of victims, witnesses, accused persons, and all other persons participating in its proceedings.
No State, organisation, public official, private individual, or other person shall be above the law within the jurisdiction of the Court.
A person's refusal to recognise the Court, refusal to attend proceedings, or location outside the jurisdiction shall not, by itself, prevent the Court from determining a case where the Court otherwise has lawful jurisdiction and the requirements of a fair trial have been satisfied.
The Court shall recognise and apply applicable laws concerning the identification, restraint, recovery, confiscation, and return of the proceeds of crime, subject to this Treaty and applicable international law.
Judges
The Court shall be composed of judges elected by the Assembly of States Parties in accordance with this Treaty.
Judges shall be nominated by States Parties and elected by a two-thirds majority of the Assembly of States Parties.
A person shall be eligible for judicial office where they can demonstrate a strong understanding of the laws, principles, and responsibilities relevant to the work of the Court, together with integrity, independence, impartiality, sound judgment, and a commitment to justice.
Formal academic qualifications or possession of a university degree shall not, by themselves, be a requirement for appointment as a judge.
Candidates may demonstrate their knowledge and suitability through education, professional experience, practical experience, independent study, community service, legal work, human-rights work, international affairs, mediation, dispute resolution, or other relevant experience.
The Court and the Assembly of States Parties shall establish a fair and transparent process for assessing the knowledge, competence, integrity, independence, and suitability of candidates.
Judges shall exercise their judicial functions independently and shall not seek or accept instructions from any State, government, political organisation, private organisation, or other external authority.
Judges shall disclose any actual conflict of interest or circumstance that could reasonably prevent them from considering a matter impartially. A personal, family, professional, community, or other relationship with a person involved in a case shall not, by itself, prevent a judge from hearing the matter where the judge is able to remain independent and impartial.
The Assembly of States Parties shall determine the number of judges, their terms of office, and procedures for election, replacement, resignation, suspension, and removal, subject to this Treaty and the principle of judicial independence.
The composition of the Court should reflect the diversity of the States Parties and the people whom the Court serves.
Cases involving Heads of State, Heads of Government, senior government officials, senior political figures, or other persons whose position or public significance may give rise to exceptional international, political, or public consequences shall ordinarily be heard by a panel of three judges.
A three-judge panel may also be appointed where the Court considers that the seriousness, complexity, international significance, or public importance of a case makes a panel appropriate.
The judges hearing a case shall have equal judicial authority. Decisions of a three-judge panel shall be determined in accordance with the Court's Rules and may be reached by majority decision, unless this Treaty provides otherwise.
Jurisdiction and Investigations
The Court may exercise jurisdiction over a case where: a. a State Party accepts the authority of the Court; b. the conduct occurred within the territory of a State Party; c. the accused is a national of a State Party; d. the alleged victim is a national of a State Party, where permitted by this Treaty and applicable international law; e. a State that is not a Party to this Treaty accepts the jurisdiction of the Court for a particular case or category of cases; or f. jurisdiction is otherwise provided by this Treaty or another lawful international agreement.
The Court shall have the independent authority to initiate investigations on its own initiative where it has reasonable grounds to believe that conduct falling within its lawful jurisdiction may have occurred.
The Court may initiate an investigation without receiving a referral from a State where credible information indicates the commission or attempted commission of serious crimes or violations falling within its jurisdiction, including genocide, crimes against humanity, war crimes, unlawful initiation or conduct of armed conflict, human trafficking, sexual exploitation or abuse, abduction, kidnapping, or other serious violations of international law.
The Court may receive information, evidence, complaints, reports, or referrals from States, international organisations, humanitarian organisations, human-rights organisations, civil-society organisations, victims, witnesses, legal representatives, and other reliable sources.
Such information or referral shall not, by itself, establish jurisdiction. The Court shall independently assess the information received and determine whether there is a lawful basis for exercising jurisdiction and whether an investigation is justified.
A State Party may refer a matter to the Court in accordance with the Court's Rules.
The Court may also receive referrals or requests for investigation from lawful international bodies and organisations where permitted by this Treaty and applicable international law.
Before proceeding to trial, the Court shall determine whether it has jurisdiction over the case and whether the evidential and procedural requirements for prosecution have been satisfied.
Where the Court has established lawful jurisdiction, the refusal of an accused person to recognise the Court, attend proceedings, or participate in proceedings shall not, by itself, prevent the Court from determining the case, subject to the rights and safeguards established by this Treaty.
Where a person is outside the territorial jurisdiction of the Court and is not physically within the custody of a State Party, the Court may issue findings, judgments, warrants, orders, or sentences within the limits of its lawful jurisdiction.
A judgment or sentence against a person who remains outside the jurisdiction of the Court may be recognised or enforced only by a State or other authority having lawful jurisdiction to enforce it.
Where a person against whom a lawful judgment or sentence has been issued subsequently enters the territory of a State Party, that State Party may take lawful action to enforce the judgment or sentence in accordance with this Treaty, its national law, and applicable international law.
Nothing in this Article shall prevent the Court from cooperating with States that are not Parties to this Treaty or with international and humanitarian organisations where such cooperation is lawful and consistent with the purposes of the Court.
Rights of Parties
Every person subject to proceedings before the Court shall be entitled to a fair, impartial, and transparent judicial process.
Every accused person shall be presumed innocent until proven guilty in accordance with this Treaty and the applicable law.
Every accused person shall have the right to: a. be informed promptly and in sufficient detail of the allegations against them; b. have adequate time and facilities to prepare their defence; c. legal representation of their choosing, subject to the Rules of the Court; d. where they cannot reasonably obtain legal representation, access to appropriate legal assistance in accordance with the Court's Rules; e. present evidence and call witnesses; f. question or challenge evidence and witnesses presented against them, subject to appropriate protections for victims and vulnerable witnesses; g. an interpreter where necessary to understand or participate effectively in proceedings; h. remain silent and not be compelled to provide self-incriminating evidence; i. appeal a judgment or sentence in accordance with this Treaty and the Rules of the Court; and j. participate personally in proceedings, including by secure video link where permitted by the Court.
Every person appearing before the Court shall have the right to be treated with dignity and without discrimination.
Victims and witnesses shall have the right to appropriate protection, support, and participation in proceedings in accordance with this Treaty and the Rules of the Court.
The Court may take measures necessary to protect children, victims, witnesses, vulnerable persons, confidential information, and the safety of participants, provided that such measures do not unjustifiably prejudice the rights of the accused.
Public and live-broadcast proceedings shall not prevent the Court from restricting access to particular evidence, testimony, identifying information, or portions of proceedings where necessary to protect a person, preserve legitimate confidentiality, or ensure the proper administration of justice.
A trial may proceed in the absence of an accused person where the Court is satisfied that: a. the accused has been properly notified of the proceedings or has deliberately avoided receiving such notification; b. the accused has been given a reasonable opportunity to attend or participate; c. the accused has refused to attend, refused to recognise the Court, absconded, or otherwise deliberately chosen not to participate; and d. the interests of justice require that the proceedings continue.
Where a trial proceeds in the absence of the accused, the Court shall take reasonable measures to ensure that the accused's defence rights remain protected, including the provision or approval of legal representation where appropriate.
A person convicted in proceedings conducted in their absence shall retain the right to challenge the judgment or sentence in accordance with the appeal and review procedures established by this Treaty and the Rules of the Court.
Nothing in this Article shall prevent the Court from conducting proceedings by secure video link or other remote means as provided by Article 2.
The rights established by this Article shall apply regardless of the nationality, status, official position, wealth, political influence, religion, or other circumstances of the person concerned.
Assembly of States Parties
The Assembly of States Parties shall be the representative body of the States that have ratified or acceded to this Treaty.
Each State Party shall have one vote in the Assembly unless otherwise provided by this Treaty.
The Assembly shall meet at least once each year and may hold additional meetings where necessary.
The Assembly shall: a. elect judges in accordance with Article 4; b. approve the Court's budget; c. establish the administrative and financial framework of the Court; d. consider and approve the Court's Rules and regulations; e. consider reports on the administration and operation of the Court; f. establish appropriate systems for transparency, accountability, and oversight of the Court's administration; g. consider proposals for amendments to this Treaty; h. consider the admission of new States Parties in accordance with this Treaty; and i. perform any other functions assigned to it by this Treaty.
The Assembly shall respect the independence of the Court and shall not interfere with judicial decisions, investigations, prosecutions, judgments, sentences, or other judicial functions.
The Assembly may establish committees or other bodies where necessary to carry out its responsibilities, including committees dealing with finance, administration, judicial appointments, enforcement cooperation, international relations, and treaty development.
Decisions of the Assembly shall be made by majority vote unless this Treaty requires a different majority.
The Assembly shall establish transparent procedures for the nomination and election of judges and for the appointment of senior administrative officials of the Court.
The Assembly shall ensure that the Court has sufficient resources to perform its functions independently, effectively, and transparently.
The Assembly shall publish its decisions, financial reports, and other appropriate records, subject to necessary protections for confidential information, victims, witnesses, and the proper administration of justice.
Amendments
Any State Party may propose an amendment to this Treaty.
Proposed amendments shall be submitted in writing to the Assembly of States Parties and circulated to all States Parties for consideration.
The Assembly shall consider proposed amendments at a meeting convened for that purpose.
An amendment shall require approval by a two-thirds majority of the States Parties participating in the decision, unless this Treaty expressly requires a higher majority.
An amendment shall enter into force for States Parties that ratify or otherwise accept the amendment in accordance with their constitutional or legal requirements.
An amendment shall not automatically bind a State Party that has not ratified or accepted it, unless the States Parties expressly agree otherwise in accordance with international law.
No amendment shall invalidate the independence of the Court, remove the fundamental right to a fair trial, or permit discrimination contrary to the principles established by this Treaty.
Amendments affecting the jurisdiction, powers, sentencing authority, fundamental rights, or enforcement powers of the Court shall be clearly identified as such and shall be subject to the same transparency and ratification requirements established by this Article.
The Assembly shall maintain and publish an official record of all proposed, approved, ratified, and rejected amendments.
Entry into Force
This Treaty shall enter into force on the first day of the month following the deposit of the tenth instrument of ratification, acceptance, approval, or accession with the designated depositary of the Treaty.
A State may become a State Party to this Treaty by: a. signing the Treaty and subsequently ratifying, accepting, or approving it in accordance with its constitutional or legal requirements; or b. acceding to the Treaty after it has entered into force.
For each State that ratifies, accepts, approves, or accedes to the Treaty after the Treaty has entered into force, the Treaty shall enter into force for that State on the first day of the month following the deposit of its instrument of ratification, acceptance, approval, or accession.
Each State Party shall be bound by the obligations of this Treaty from the date on which the Treaty enters into force for that State.
The depositary shall notify all States that have signed or become Parties to the Treaty of: a. each signature; b. each deposit of an instrument of ratification, acceptance, approval, or accession; c. the date of entry into force of the Treaty; d. any amendment to the Treaty; and e. any other matter required under this Treaty.
The Treaty shall remain open for accession by additional States in accordance with the procedures established by the Assembly of States Parties.
Nothing in this Article shall prevent the Court from establishing preparatory administrative, judicial, investigative, technological, or other structures before the Treaty formally enters into force, where such preparation is authorised by the signatory States.
Official Languages
The official languages of the Court shall be determined and adopted by the Assembly of States Parties.
The Court shall ensure that every person appearing before it can understand and participate meaningfully in proceedings, regardless of the person's language.
An accused person, victim, witness, legal representative, judge, or other participant who does not sufficiently understand the language being used in proceedings shall be provided with appropriate interpretation or translation in accordance with the Rules of the Court.
Court judgments, orders, warrants, decisions, treaties, rules, and other documents designated as official shall be made available in the official languages established by the Assembly.
The Assembly may add or remove official languages where necessary to reflect the membership and operational needs of the Court.
The Court may use additional languages for particular proceedings where necessary to ensure effective participation, accessibility, and fairness.
No person shall be denied access to justice solely because they do not speak an official language of the Court.
Definitions
For the purposes of this Treaty, unless the context otherwise requires:
“Court” means the God's Court of the People established by this Treaty.
“State Party” means a State that has ratified, accepted, approved, or acceded to this Treaty and for which this Treaty is in force.
“Person” means any natural person subject to the jurisdiction of the Court.
“Accused” means a person against whom the Court has authorised formal criminal proceedings.
“Victim” means a person who has suffered physical, psychological, emotional, financial, material, or other recognised harm as a direct or indirect result of conduct falling within the jurisdiction of the Court. Where appropriate, the term may include the immediate family or dependants of a person who has died or disappeared as a result of such conduct.
“Child” means a person under eighteen years of age unless a different age is expressly recognised by an applicable international legal instrument or by this Treaty for a specific purpose.
“Genocide” means acts committed with the intent to destroy, in whole or in substantial part, a national, ethnic, racial, or religious group as such, including killing members of the group, causing serious bodily or mental harm to members of the group, deliberately inflicting conditions of life calculated to bring about the group's physical destruction, imposing measures intended to prevent births within the group, or forcibly transferring children of the group to another group.
“Crimes against humanity” means specified serious acts committed as part of a widespread or systematic attack directed against a civilian population, with knowledge of the attack, including murder, extermination, enslavement, deportation or forcible transfer, imprisonment or other severe deprivation of liberty, torture, rape and other serious forms of sexual violence, persecution, enforced disappearance, apartheid, and other similarly grave acts recognised under applicable international law.
“War crimes” means serious violations of the laws and customs applicable in international or non-international armed conflict, including grave breaches of applicable international humanitarian law and other conduct recognised as war crimes under applicable international law.
“Human trafficking” means the recruitment, transportation, transfer, harbouring, or receipt of persons through means such as force, threats, coercion, abduction, fraud, deception, abuse of power, or abuse of vulnerability for the purpose of exploitation.
“Sex trafficking” means trafficking in persons for the purpose of sexual exploitation, including forced prostitution or other forms of sexual exploitation.
“Sexual exploitation or abuse of a child” includes conduct involving the sexual exploitation, abuse, coercion, grooming, trafficking, prostitution, production or distribution of child sexual abuse material, or other serious sexual exploitation of a child.
“Abduction” or “kidnapping” means unlawfully taking, carrying away, confining, or withholding a person against their will or, where the victim is a child or otherwise legally incapable of giving consent, without lawful authority.
“Torture” means the intentional infliction of severe physical or mental pain or suffering upon a person for purposes including obtaining information or a confession, punishment, intimidation, coercion, discrimination, or any purpose prohibited by applicable international law.
“Enforced disappearance” means the arrest, detention, abduction, or other deprivation of liberty by, or with the authorisation, support, or acquiescence of, a State or political organisation, followed by a refusal to acknowledge the deprivation of liberty or concealment of the person's fate or whereabouts, placing the person outside the protection of the law.
“Armed conflict” means a situation of international or non-international armed conflict recognised under applicable international humanitarian law.
“Unlawful use of force” means the use of armed force contrary to the obligations established by applicable international law.
“Serious violation of international law” means conduct of sufficient gravity to constitute a recognised violation of an applicable rule of international law falling within the jurisdiction of the Court.
“Proceedings” includes investigations, preliminary proceedings, hearings, trials, appeals, sentencing proceedings, enforcement proceedings, and other judicial proceedings conducted under the authority of the Court.
“Investigation” means the process by which the Court gathers, examines, preserves, and assesses information and evidence concerning conduct potentially falling within its jurisdiction.
“Judgment” means a formal judicial determination issued by the Court.
“Sentence” means a penalty or other judicial consequence imposed by the Court following a finding of guilt.
“Court Enforcement Officer” means an officer lawfully appointed or authorised under this Treaty or the Rules of the Court to carry out warrants, orders, arrests, transfers, property recovery, confiscation, removal, deportation, or other lawful enforcement functions of the Court.
“Jurisdiction” means the lawful authority of the Court to investigate, prosecute, hear, determine, and where appropriate sentence or otherwise adjudicate a matter or person under this Treaty or another lawful international agreement.
The definitions in this Article shall be interpreted consistently with established principles of international law while remaining capable of development through the lawful decisions, Rules, and amendments of the Court.
Nothing in this Article shall prevent the Court from recognising additional forms of serious criminal conduct where such conduct falls within the Court's lawful jurisdiction and is established in accordance with this Treaty and applicable international law.
Prosecutor and Prosecution Service
The Court shall establish an independent Office of the Prosecutor responsible for investigating and prosecuting persons accused of offences falling within the jurisdiction of the Court.
The Prosecutor shall act independently and shall not seek or accept instructions from any State, government, political organisation, private organisation, individual, or other external authority.
The Prosecutor shall act objectively and impartially, seeking to establish the truth and to ensure that both incriminating and exonerating evidence is properly considered.
The Prosecutor may initiate prosecutions following: a. an investigation initiated by the Court; b. a referral by a State Party; c. information received from an international organisation, humanitarian organisation, human-rights organisation, civil-society organisation, victim, witness, or other reliable source; or d. any other lawful source of information that provides reasonable grounds for investigation.
The Prosecutor shall independently assess the available evidence and determine whether the legal and evidential requirements for prosecution have been satisfied.
No person shall be prosecuted solely because of their nationality, religion, ethnicity, sex, political opinion, social position, wealth, occupation, official status, or other personal characteristic.
The Prosecutor shall have authority to bring charges where there are reasonable grounds to believe that a person has committed an offence within the jurisdiction of the Court and sufficient evidence exists to justify proceedings.
The Prosecutor may withdraw or amend charges where the evidence no longer supports them, where new evidence becomes available, or where required in the interests of justice.
The Prosecutor shall have authority to request arrest warrants, search warrants, freezing orders, protection orders, preservation orders, and other lawful orders from the Court where necessary for an investigation or prosecution.
The Prosecutor shall cooperate with the Court's investigators, Court Enforcement Service, national authorities, international organisations, and other lawful bodies where such cooperation is necessary to investigate or prosecute offences.
The Prosecutor shall have a duty to protect the integrity of investigations and prosecutions and shall take reasonable measures to prevent intimidation, interference, corruption, destruction of evidence, or improper influence.
The Prosecutor shall establish appropriate procedures for the receipt, assessment, preservation, and disclosure of evidence in accordance with this Treaty and the Rules of the Court.
The Prosecutor shall disclose material evidence that may reasonably assist the defence, subject to lawful protections for victims, witnesses, confidential sources, national security, and other protected information.
The Prosecutor shall not be permitted to interfere with or direct the decisions of judges. Judicial decisions, warrants, rulings, judgments, and sentences shall remain matters for the Court.
The Prosecutor shall be accountable for the proper exercise of the powers granted by this Treaty and shall be subject to appropriate judicial and administrative oversight without compromising prosecutorial independence.
The Prosecutor shall serve a fixed term of office determined by this Treaty or the Rules of the Court and may be removed only through a fair and transparent procedure established by the Court and the Assembly of States Parties.
The Office of the Prosecutor may include Deputy Prosecutors, Assistant Prosecutors, legal officers, investigators, analysts, forensic specialists, and other personnel necessary for the effective administration of justice.
The Prosecutor and members of the Office of the Prosecutor shall act in accordance with this Treaty, applicable international law, the Rules of the Court, and the principles of independence, impartiality, integrity, accountability, and justice.
Investigations
The Court shall have the authority to conduct independent investigations into conduct that may constitute an offence within its jurisdiction.
The Prosecutor may initiate an investigation where there are reasonable grounds to believe that conduct within the jurisdiction of the Court may have occurred.
The Court may also initiate an investigation on its own initiative where credible information indicates the possible commission of serious crimes, including genocide, crimes against humanity, war crimes, human trafficking, sexual exploitation of children, abduction, or other serious violations within its jurisdiction.
The Court may receive information concerning possible crimes from States Parties, non-State authorities, international organisations, humanitarian organisations, human-rights organisations, civil-society organisations, victims, witnesses, journalists, media organisations, whistleblowers, or other reliable sources.
The Prosecutor shall assess information received and may conduct preliminary inquiries to determine whether a formal investigation is justified.
Investigators acting under the authority of the Court may, subject to this Treaty and applicable law: a. interview victims, witnesses, suspects, and other persons; b. obtain, preserve, examine, and analyse documents and physical evidence; c. collect digital evidence, electronic communications, photographs, recordings, financial records, and other relevant material; d. conduct forensic examinations; e. inspect relevant locations and property; f. request information and assistance from national authorities and international organisations; g. identify, trace, freeze, and preserve assets reasonably suspected of being connected to offences within the jurisdiction of the Court; and h. take other lawful investigative measures authorised by the Court.
Where an investigative measure requires judicial authorisation, the Prosecutor or authorised investigator shall apply to the appropriate judge or judicial chamber for a warrant or other lawful order.
The Court may issue orders for the preservation of evidence where there is a reasonable risk that evidence may be destroyed, altered, concealed, transferred, or otherwise made unavailable.
The Court may request assistance from a State Party in conducting an investigation within that State's territory. A State Party shall cooperate in accordance with this Treaty and its obligations under international law.
The Court may establish agreements or arrangements with States, international organisations, law-enforcement bodies, humanitarian organisations, forensic institutions, and other competent bodies for the purpose of facilitating investigations.
Investigators shall act independently, impartially, professionally, and without discrimination.
Investigators shall seek both incriminating and exonerating evidence and shall not deliberately suppress, destroy, alter, fabricate, or conceal evidence relevant to the investigation.
The Court may establish specialist investigative units where necessary, including units dealing with genocide, war crimes, crimes against humanity, human trafficking, child exploitation, financial crime, cybercrime, environmental crimes, mass casualty events, and other serious offences.
Where an investigation identifies evidence of an immediate and serious threat to human life or safety, the Court may seek urgent protective measures, including orders for the protection of victims and witnesses, preservation of evidence, prevention of further criminal conduct, or other measures authorised by this Treaty.
Investigations may be conducted through secure remote methods where appropriate, including remote interviews, digital evidence collection, secure communications, and other technological means approved by the Court.
The Court shall maintain appropriate records of investigations and shall establish procedures for the secure storage, authentication, preservation, and eventual disclosure of investigative material.
Investigations shall be conducted in a manner consistent with the rights of suspects, accused persons, victims, and witnesses established by this Treaty.
Nothing in this Article shall prevent the Court from investigating conduct occurring before the establishment of the Court where the Court has lawful jurisdiction over that conduct under this Treaty or another applicable international agreement.
Victims and Witnesses
The Court shall recognise and respect the rights, dignity, safety, privacy, and wellbeing of victims and witnesses participating in proceedings.
Victims shall have the right to participate in proceedings in accordance with this Treaty and the Rules of the Court.
The Court may permit victims to: a. make statements concerning the harm suffered; b. present relevant evidence; c. be represented by legal counsel; d. make submissions concerning appropriate protective measures, reparations, and sentencing; and e. participate in other proceedings where the Court considers their participation appropriate.
The Court shall establish appropriate measures for the protection of victims and witnesses against intimidation, threats, harassment, retaliation, coercion, violence, or other interference.
Protection measures may include: a. protection of personal information and identifying details; b. secure or private locations for giving evidence; c. remote video testimony; d. voice or image protection where necessary; e. relocation or other protective arrangements; f. restrictions on publication of sensitive information; and g. any other reasonable protective measure authorised by the Court.
Special measures shall be available for children, survivors of sexual violence, victims of trafficking, persons with disabilities, vulnerable witnesses, and persons facing a particular risk of retaliation or intimidation.
The Court may appoint or establish a Victims and Witnesses Protection and Support Service to provide practical, legal, psychological, medical, safeguarding, and other appropriate assistance.
No victim or witness shall be punished, threatened, intimidated, harassed, discriminated against, or otherwise disadvantaged for providing truthful information or evidence to the Court.
Knowingly providing materially false evidence, fabricating evidence, deliberately misleading the Court, or making a knowingly false allegation may constitute an offence under the Rules of the Court or applicable law.
The Court shall take reasonable measures to prevent victims and witnesses from being exposed unnecessarily to traumatic or harmful questioning, particularly in cases involving children, sexual violence, trafficking, torture, or other serious abuse.
The Court may permit victims and witnesses to participate through secure video link or other remote means where this is necessary or appropriate for their safety, wellbeing, privacy, or effective participation.
The Court shall seek, where appropriate, to prevent unnecessary disclosure of the identity of child victims and witnesses.
Protective measures shall be applied in a manner consistent with the rights of the accused, including the right to a fair trial and the right to challenge relevant evidence.
A person who threatens, intimidates, bribes, coerces, harms, or attempts to interfere with a victim or witness because of their involvement with the Court may be subject to arrest, prosecution, and other lawful measures under this Treaty.
The Court shall establish procedures for emergency protection where a victim or witness faces an immediate risk of serious harm.
The Court may cooperate with States Parties, international organisations, humanitarian organisations, medical and safeguarding services, law-enforcement authorities, and other competent bodies to protect and support victims and witnesses.
The Court shall seek to ensure that victims are treated with dignity and that their participation in proceedings does not itself expose them to unnecessary further harm.
Nothing in this Article shall prevent the Court from adopting additional protections or support measures where required by the circumstances of an individual case.
Evidence and Court Procedure
The Court shall establish procedures for the admission, presentation, examination, preservation, and assessment of evidence in proceedings before it.
Evidence shall be admitted where the Court determines that it is relevant, sufficiently reliable, and lawfully obtained, subject to this Treaty and the Rules of the Court.
The Court may consider documentary, physical, forensic, photographic, audio, video, digital, electronic, financial, scientific, expert, testimonial, and other relevant evidence.
Evidence obtained through lawful investigative methods may be presented in proceedings regardless of whether it was obtained physically, electronically, remotely, or through cooperation with another State or organisation.
The Court shall establish procedures for authenticating digital and electronic evidence, including photographs, recordings, communications, computer data, financial records, online material, and other digital information.
The Court shall maintain appropriate procedures for the preservation and continuity of evidence from the time it is obtained until the conclusion of proceedings.
Each party shall have a reasonable opportunity to examine, challenge, and respond to evidence relied upon by another party, subject to lawful protections for victims, witnesses, confidential information, and other protected material.
The Court may appoint or hear expert witnesses where specialised knowledge is required to assist the Court in understanding technical, scientific, medical, financial, military, forensic, linguistic, or other evidence.
Judges shall assess evidence independently and impartially and shall determine the weight to be given to each item of evidence according to its reliability, relevance, authenticity, and the circumstances in which it was obtained.
The Court shall not convict a person unless the evidence establishes their guilt to the standard of proof required by this Treaty.
The Rules of the Court shall establish the applicable standard of proof for criminal convictions and shall provide appropriate safeguards against wrongful conviction.
Evidence obtained through torture, deliberate fabrication, or serious violations of fundamental rights shall not be relied upon where its admission would undermine the fairness or integrity of the proceedings.
Where evidence has been obtained unlawfully but remains relevant to the proceedings, the Court may determine whether and to what extent it may be considered, taking into account the seriousness of the violation, the reliability of the evidence, the circumstances in which it was obtained, and the interests of justice.
The Court may issue orders requiring a person, State Party, organisation, or other entity within its lawful authority to preserve, disclose, produce, or provide relevant evidence.
The Court may establish procedures for the secure handling of classified, confidential, privileged, personal, medical, financial, or otherwise sensitive information.
Evidence concerning a victim or witness shall not be published or broadcast where the Court determines that publication would create an unacceptable risk to their safety, dignity, privacy, or wellbeing.
Public proceedings and live broadcasting shall not prevent the Court from temporarily restricting the publication or transmission of particular evidence where necessary to protect a person, preserve sensitive information, or maintain the integrity of proceedings.
The Court may take judicial notice of facts that are generally known, capable of reliable verification, or otherwise established under the Rules of the Court, provided that the parties have a reasonable opportunity to challenge the relevance or accuracy of such facts.
The Court may establish specialist procedures for evidence arising from mass atrocities, armed conflict, trafficking, organised crime, cybercrime, financial crime, environmental destruction, and other complex investigations.
The Court may accept evidence obtained through cooperation with international organisations, humanitarian organisations, human-rights organisations, national authorities, independent investigators, journalists, whistleblowers, and other reliable sources, subject to the requirements of this Treaty and the Rules of the Court.
The Court shall establish procedures to ensure that evidence is preserved for appeals, reviews, retrials, enforcement proceedings, and other lawful purposes.
The Court shall have authority to establish detailed Rules of Evidence and Procedure consistent with this Treaty, applicable international law, and the fundamental rights established by this Treaty.
Sentencing and Penalties
Where the Court finds a person guilty of an offence within its jurisdiction, the Court shall have authority to impose a sentence proportionate to the seriousness of the offence, the harm caused, the circumstances of the offender, and the interests of justice.
Sentences imposed by the Court shall constitute judgments of the Court and shall remain valid and enforceable in accordance with this Treaty regardless of the national law of the State in which the convicted person is located.
The Court may impose one or more of the following penalties or judicial measures: a. imprisonment for a fixed period; b. life imprisonment; c. a fine or financial penalty; d. restitution or compensation to victims; e. confiscation, forfeiture, or recovery of proceeds, property, assets, or instrumentalities connected to the offence; f. orders requiring the return of unlawfully obtained property; g. disqualification from specified positions or activities where permitted by applicable law; h. deportation, removal, or transfer following imprisonment where lawfully authorised; i. transfer to another State Party for enforcement of the sentence; j. restorative-justice measures where appropriate and consistent with the seriousness of the offence; and k. any other lawful penalty expressly authorised by this Treaty.
The Court may order the confiscation or forfeiture of assets where it determines that those assets constitute proceeds of crime, were obtained through criminal conduct, or were used to facilitate the commission of an offence.
Confiscation proceedings may be brought against property or assets held directly or indirectly by a convicted person, including property held through another person, organisation, trust, company, or other legal arrangement where the Court determines that the arrangement was used to conceal ownership or criminal proceeds.
The Court may order that recovered assets be returned to victims, used for restitution or compensation, returned to a State or other lawful owner, or otherwise disposed of in accordance with the Rules of the Court and applicable international law.
The Court may take into account aggravating and mitigating circumstances when determining a sentence.
Aggravating circumstances may include, where applicable: a. particular cruelty or brutality; b. deliberate targeting of children or vulnerable persons; c. large numbers of victims; d. repeated or organised offending; e. abuse of official authority or position; f. financial or political gain; g. attempts to conceal or destroy evidence; h. intimidation or retaliation against victims or witnesses; and i. obstruction of the administration of justice.
Mitigating circumstances may include genuine cooperation with the Court, voluntary surrender, substantial assistance in establishing the truth, efforts to repair harm, or other circumstances recognised by the Court.
The Court shall determine the sentence independently and shall not be required to reduce, alter, or replace a sentence solely because the convicted person is located in a State whose national law provides a different penalty for the same conduct.
Where a sentence requires enforcement within a State Party, the Court may enter an enforcement agreement with that State concerning imprisonment, transfer, supervision, confiscation, restitution, deportation, removal, or other lawful enforcement measures.
Where the State in which a convicted person is located is unwilling or legally unable to enforce a sentence, the Court may seek the lawful transfer of that person to another State Party or other jurisdiction that has agreed to enforce the sentence.
A person subject to a sentence shall not obtain automatic release, reduction, or cancellation of the Court's sentence solely because the person has entered a State whose national law provides a lesser sentence for the same conduct.
The Court may impose the death penalty only for the following exceptionally grave offences, where expressly established beyond the required standard of proof and where the Court determines that the circumstances of the offence justify the penalty: a. genocide involving the intentional killing of persons belonging to a protected group or other conduct of comparable extreme gravity; b. crimes against humanity involving intentional mass killing, extermination, or other conduct resulting in exceptionally grave loss of human life; c. war crimes involving the intentional killing, torture, or exceptionally grave abuse of protected persons on a scale or in circumstances constituting extreme criminality; d. the intentional and organised killing, rape, sexual torture, or sexual exploitation of children where the conduct is of an exceptionally grave nature and results in death or other exceptionally serious and permanent harm; e. intentional mass killing or systematic extermination carried out as part of an organised criminal or terrorist enterprise where the conduct constitutes an exceptionally grave crime within the jurisdiction of the Court; and f. any other offence that is expressly designated by a future amendment to this Treaty as eligible for the death penalty in accordance with Article 8.
The death penalty shall not be imposed solely because a person holds or has held political office, military rank, royal status, religious authority, public office, wealth, nationality, political opinion, or any other position or characteristic.
The death penalty shall not be imposed where the Court determines that the accused was under eighteen years of age at the time of the offence, or where the Court determines that the person lacked the required mental capacity to be held criminally responsible under the applicable law.
Where the Court imposes a death sentence, the sentence shall remain a valid and enforceable judgment of the Court even where the convicted person is located in a State that does not permit or recognise capital punishment.
A State in which a person subject to a death sentence is located may, where its national law prohibits capital punishment or where the State otherwise lawfully refuses to permit transfer for execution, refuse to transfer that person for the purpose of carrying out the death sentence.
Where a State lawfully refuses to enforce a death sentence, that State may, subject to this Treaty and its national law, enforce an alternative lawful custodial sentence or other penalty available under its own legal system. Such enforcement shall not, by itself, extinguish, invalidate, or permanently cancel the death sentence imposed by the Court.
The Court's death sentence may remain subject to enforcement where the convicted person subsequently enters, or is lawfully transferred to, a State Party or other jurisdiction that recognises and is legally authorised to enforce the sentence, subject to that State's obligations under this Treaty and applicable international law.
No State shall be required by this Article to carry out a death sentence in violation of its own constitutional or legal obligations. States Parties shall nevertheless cooperate, to the extent lawfully possible, with the Court in enforcing its judgments and sentences.
The Court may seek the lawful transfer of a person subject to a death sentence to a State Party or other jurisdiction that has agreed to enforce the sentence and is legally authorised to do so.
No sentence shall be imposed without a formal judicial determination of guilt, except for lawful interim measures expressly authorised by this Treaty.
The Court shall provide reasons for every sentence imposed, including the principal facts, legal basis, aggravating and mitigating circumstances, and the penalty selected.
The Court shall establish detailed sentencing guidelines through its Rules, provided that those Rules remain consistent with this Treaty and do not restrict a sentencing power expressly granted to the Court by this Treaty.
Appeals and Judicial Review
A person convicted by the Court shall have the right to appeal the judgment and sentence to an independent appellate chamber of the Court.
The Prosecutor shall also have the right to appeal a judgment or sentence where permitted by the Rules of the Court.
An appeal may be based upon: a. an error of law; b. an error of fact; c. an error in the assessment or admission of evidence; d. a procedural error that materially affected the fairness of the proceedings; e. newly discovered evidence; f. a disproportionate or unlawful sentence; or g. any other substantial ground affecting the interests of justice.
An appeal shall be heard by judges who did not participate in the original judgment or sentence, except where the Rules of the Court expressly provide otherwise for administrative or procedural matters.
The appellate chamber may: a. confirm the judgment or sentence; b. overturn an acquittal where legally permitted and where the requirements of this Treaty are satisfied; c. overturn or amend a conviction; d. order a retrial; e. vary or replace a sentence; f. order further investigation or consideration of evidence; or g. make any other order necessary to achieve justice.
No person shall be punished for exercising their right of appeal.
Where a person has been sentenced to death, the sentence shall not be carried out while a properly lodged appeal or other lawful judicial review remains pending.
A death sentence shall receive automatic judicial review by an appellate chamber, whether or not the convicted person has independently lodged an appeal.
The Court shall ensure that a person subject to a death sentence has access to legal representation for the purpose of appeal and review.
Where a death sentence is upheld following appeal and judicial review, the Court shall ensure that the judgment records the reasons for confirming the sentence.
The Court may suspend enforcement of any sentence where necessary to permit an appeal, judicial review, consideration of newly discovered evidence, or determination of another matter that may materially affect the judgment.
A final judgment may be reviewed where substantial new evidence becomes available that could reasonably have affected the outcome of the original proceedings.
An application for review based upon newly discovered evidence shall be considered by judges who did not participate in the original determination where reasonably practicable.
No person shall be convicted or sentenced twice by the Court for the same conduct following a final judgment, except where a retrial or reopening of proceedings is expressly authorised by this Treaty because of fraud, corruption, fundamental procedural injustice, or newly discovered evidence of exceptional significance.
The rights of victims and witnesses shall be respected during appeals and judicial review, including appropriate protection measures established under Article 14.
The Court shall publish final appellate judgments and reasons, subject to lawful protections for victims, witnesses, confidential information, and other protected material.
The Rules of the Court shall establish detailed procedures governing appeals, judicial review, retrials, deadlines, legal representation, evidence on appeal, and enforcement during appellate proceedings.
Nothing in this Article shall prevent the Court from taking urgent protective or provisional measures necessary to protect victims, witnesses, evidence, or the public while an appeal or review is pending.
Court Enforcement Service
The Court shall establish a Court Enforcement Service responsible for carrying out lawful warrants, orders, judgments, sentences, and other enforcement measures issued by the Court.
Court Enforcement Officers shall be independent from political authorities and shall act only under the authority of the Court, this Treaty, applicable international law, and the Rules of the Court.
The Court Enforcement Service may, where lawfully authorised: a. execute arrest warrants issued by the Court; b. take persons lawfully arrested into Court custody; c. transport or arrange the lawful transfer of persons between jurisdictions; d. execute search, seizure, preservation, freezing, confiscation, and property-recovery orders; e. enforce orders relating to proceeds of crime; f. assist with the lawful deportation, removal, or transfer of convicted persons; g. enforce orders for the protection of victims and witnesses; h. secure persons, evidence, property, and locations where authorised by the Court; and i. carry out other lawful enforcement functions assigned by the Court.
The Court Enforcement Service may include specially trained officers, investigators, transport personnel, forensic personnel, financial investigators, safeguarding personnel, technical specialists, and other personnel necessary to carry out its functions.
Court Enforcement Officers may carry appropriate equipment and, where authorised by the Court and permitted by applicable law, necessary protective equipment and lawful means of restraint.
Court Enforcement Officers shall use force only where necessary, proportionate, and lawful for the protection of life, the prevention of serious harm, the execution of a lawful Court order, or the safe custody and transfer of a person.
The use of lethal force shall be permitted only where strictly necessary to protect life or prevent an imminent threat of death or serious bodily harm, in accordance with applicable law and the Rules of the Court.
The Court may request assistance from the competent authorities of a State Party where enforcement is required within that State.
A State Party shall, to the extent required by this Treaty and its applicable law, cooperate with the Court Enforcement Service in executing lawful Court warrants and orders.
Where a State Party is unable to conduct an enforcement measure directly, the State may, subject to its national law and applicable international obligations, authorise appropriately trained Court Enforcement Officers to assist or carry out the measure.
Court Enforcement Officers shall not exercise enforcement powers beyond the authority granted to them by the Court, this Treaty, or the applicable law of the jurisdiction in which the enforcement action takes place.
The Court may establish agreements with States Parties concerning the deployment, recognition, training, accreditation, equipment, jurisdiction, and operational authority of Court Enforcement Officers.
Court Enforcement Officers shall respect the dignity and fundamental rights of every person and shall act without discrimination based on nationality, religion, ethnicity, sex, political opinion, social position, or other status.
A person arrested pursuant to a Court warrant shall be informed, as soon as reasonably practicable, of the basis for the arrest and of their rights under this Treaty.
The Court Enforcement Service shall maintain records of arrests, transfers, searches, seizures, confiscations, use of force, and other significant enforcement actions.
The Court shall establish independent procedures for investigating allegations of misconduct, excessive force, corruption, abuse of authority, or other unlawful conduct by Court Enforcement Officers.
No Court Enforcement Officer shall be above the law. Officers who abuse their authority, deliberately violate this Treaty, unlawfully use force, interfere with evidence, or otherwise commit an offence may be investigated and prosecuted in accordance with this Treaty.
The Court may establish specialist enforcement units for international arrest operations, financial crime and asset recovery, prisoner transfer, witness protection, cybercrime, trafficking investigations, and other areas requiring specialist expertise.
Nothing in this Article shall prevent the Court from requesting national law-enforcement authorities, international organisations, or other competent bodies to execute or assist with Court warrants and orders where such cooperation is necessary or appropriate.
The Court Enforcement Service shall operate transparently and remain accountable to the Court, while maintaining operational independence from individual States and political authorities.
International Cooperation
States Parties shall cooperate fully with the Court in the investigation, prosecution, trial, sentencing, and enforcement of matters falling within the jurisdiction of the Court.
Cooperation shall include, where lawfully required: a. the identification and location of persons subject to Court warrants or sentences; b. the arrest, detention, and lawful holding of persons subject to Court warrants for investigation, trial, appeal, or enforcement of a Court sentence; c. the surrender or transfer of persons to the custody of the Court where required; d. the collection, preservation, authentication, and transmission of evidence; e. the taking and transmission of witness testimony; f. searches, seizures, freezing, confiscation, and recovery of property and proceeds of crime; g. the protection and relocation of victims and witnesses; h. the enforcement of Court-imposed imprisonment, fines, confiscation orders, restitution orders, deportation or removal orders, and other lawful sentences within the territory of the State Party; i. the enforcement of a Court-imposed death sentence where the State Party lawfully permits capital punishment and agrees to enforce the sentence; j. prisoner transfers and arrangements for enforcement of sentences; k. the lawful deportation, removal, or transfer of persons where ordered by the Court; l. assistance with forensic examinations and investigations; and m. any other lawful form of assistance requested by the Court.
A State Party may, in accordance with its national law and this Treaty, detain and hold a person within its territory pursuant to a valid Court warrant or final judgment, including for the purpose of bringing that person before the Court or enforcing a Court sentence.
A State Party may enforce a Court sentence within its own territory where the State is legally authorised and willing to do so.
Where the sentence imposed by the Court is imprisonment, a State Party may hold the convicted person in a lawful prison or other authorised custodial facility for the period ordered by the Court.
Where the sentence includes a fine, confiscation, forfeiture, restitution, or recovery of proceeds of crime, the State Party shall, where lawfully possible, assist in enforcing and recovering the amounts or property ordered by the Court.
Where the Court has imposed a death sentence, a State Party whose law permits capital punishment may, where lawfully authorised, detain and enforce that sentence in accordance with the judgment of the Court, this Treaty, and the State's applicable law.
A State Party whose law does not permit capital punishment may refuse to carry out or permit transfer for the purpose of carrying out a death sentence. That refusal shall not invalidate, cancel, or permanently extinguish the death sentence imposed by the Court.
Where a State Party cannot or will not enforce a particular Court sentence, the State shall, where lawfully possible, cooperate with the Court in identifying another State Party or jurisdiction capable of enforcing the sentence.
The Court may enter agreements or arrangements with States Parties establishing procedures for cooperation, including procedures for urgent requests and electronic transmission of information.
States Parties shall designate competent national authorities responsible for receiving and responding to requests for cooperation from the Court.
Requests for cooperation may be transmitted through secure electronic systems or other reliable means established by the Court.
Where urgent action is necessary to prevent the destruction of evidence, protect a person from serious harm, prevent the escape of a suspect, or prevent the continuation of serious criminal conduct, the Court may issue an urgent request for cooperation.
States Parties shall, to the extent lawfully possible, give urgent requests priority.
A State Party shall not refuse cooperation solely because the conduct alleged against a person is considered political, involves a person holding public office, or concerns a person of high social, economic, military, religious, or political status.
No Head of State, Head of Government, monarch, minister, elected representative, military commander, public official, religious leader, or other person holding public authority shall receive special treatment that prevents lawful cooperation with the Court.
Where a State Party believes that a request for cooperation conflicts with an important requirement of its national law, the State shall promptly communicate the reasons to the Court and seek to resolve the matter through consultation.
A State Party shall not deliberately obstruct, delay, conceal, or frustrate a lawful investigation, prosecution, arrest, detention, transfer, trial, or enforcement action of the Court.
Where a State Party fails to cooperate without lawful justification, the Court may refer the matter to the Assembly of States Parties and may take other measures authorised by this Treaty and the Rules of the Court.
The Court may cooperate with non-State authorities, international organisations, humanitarian organisations, human-rights organisations, law-enforcement organisations, forensic institutions, civil-society organisations, and other competent bodies where such cooperation assists the administration of justice.
Cooperation with an organisation or body shall not compromise the independence or impartiality of the Court.
The Court may receive information, evidence, intelligence, reports, expert assessments, and other material from organisations and bodies that the Court considers reliable.
The Court may establish agreements for the secure exchange of information and evidence with cooperating States and organisations.
Confidential information provided to the Court in confidence shall be protected in accordance with the Treaty and the Rules of the Court, unless disclosure is lawfully authorised or required for the fair determination of proceedings.
States Parties shall cooperate in preventing persons subject to Court warrants or final sentences from deliberately evading justice by transferring assets, changing identity, concealing their location, or moving between jurisdictions.
States Parties shall, to the extent lawfully possible, assist the Court in tracing and recovering proceeds of crime and property connected to offences within the jurisdiction of the Court.
The Court may cooperate with States that are not Parties to this Treaty where those States voluntarily agree to cooperate or where cooperation is otherwise permitted by a lawful international agreement.
A State that is not a Party to this Treaty may voluntarily accept the jurisdiction of the Court for a particular matter or category of conduct in accordance with procedures established by the Court.
Nothing in this Article shall require a State to act in violation of its fundamental constitutional or legal obligations. Where such an obligation prevents a requested measure, the State shall communicate the reason to the Court and, where possible, propose an alternative form of cooperation.
International cooperation under this Article shall be conducted in good faith and in a manner consistent with the independence of the Court, the rights of accused persons, and the protection of victims and witnesses.
The Court shall maintain appropriate records of requests for cooperation and their outcomes and may publish information concerning cooperation where doing so is consistent with judicial integrity, confidentiality requirements, and the safety of persons involved.
The Rules of the Court shall establish detailed procedures governing requests for cooperation, urgent requests, arrest and detention, surrender and transfer, evidence, information sharing, asset recovery, prisoner transfer, sentence enforcement, and other forms of international assistance.
Financing and Budget
The Court shall be financially independent from governments and shall not rely upon mandatory financial contributions from States Parties for its ordinary operation.
The Court shall be established and operated on a low-cost basis, particularly during its initial years, using remote hearings, digital administration, secure online systems, voluntary professional services, and other cost-effective methods wherever appropriate.
The primary funding of the Court shall be derived from voluntary contributions from members of the public, supporters, charitable organisations, foundations, businesses, organisations, and other lawful private sources.
Donations and contributions shall be accepted only where they do not create an obligation, condition, influence, or expectation capable of compromising the independence, impartiality, or integrity of the Court.
No donor, organisation, government official, political organisation, business, State, or other person shall be permitted to purchase, obtain, or influence a judicial decision, investigation, prosecution, appointment, sentence, or other decision of the Court through financial support.
The Court shall not accept funding that is conditional upon the Court: a. opening or closing a particular investigation; b. prosecuting or not prosecuting a particular person; c. reaching a particular verdict or sentence; d. changing its policies or Rules; e. appointing or removing a particular judge or official; or f. taking any other action inconsistent with judicial independence.
The identity and amount of significant donors shall be recorded and disclosed in accordance with the financial transparency rules of the Court, subject to lawful protections for personal safety and privacy.
Anonymous donations may be accepted where the Court's financial rules permit, provided that appropriate safeguards are maintained against money laundering, proceeds of crime, unlawful influence, or disguised political funding.
The Court shall establish safeguards against the use of donations, sponsorship, gifts, grants, or other financial benefits as a means of coercion, bribery, retaliation, political influence, or interference with the administration of justice.
No government, State, political organisation, public official, monarch, military authority, corporation, religious organisation, or other external body shall have authority to withdraw, suspend, redirect, or control the Court's funding in order to influence a judicial, investigative, prosecutorial, or enforcement decision.
The Court may receive voluntary financial or material assistance from States Parties where such assistance does not create financial dependence or permit governmental influence over the Court.
The Court may receive voluntary donations of lawful goods and services, including legal services, technological services, accommodation, equipment, communications facilities, professional expertise, translation, transportation, and other resources necessary for its operation.
All donated goods and services shall be subject to appropriate transparency and conflict-of-interest safeguards.
The Court shall maintain an independent financial administration responsible for budgeting, accounting, auditing, financial records, and publication of appropriate financial reports.
The Court's financial records shall be subject to independent audit in accordance with procedures established by the Assembly of States Parties and the Rules of the Court.
The annual budget of the Court shall prioritise essential judicial and investigative functions and shall seek to minimise unnecessary administrative, accommodation, travel, staffing, and operational expenditure.
The Court may use remote hearings and video-link proceedings as a principal means of conducting proceedings where appropriate, thereby reducing travel, accommodation, security, and infrastructure costs.
The Court may establish voluntary membership or supporter schemes through which members of the public may contribute financially to the continued operation of the Court. Such contributions shall not provide members or donors with any special rights, influence, access to judges, prosecutors, investigators, or confidential information.
The Court may establish lawful income-generating activities connected to education, publications, training, research, conferences, media, or other activities consistent with its purpose, provided that such activities do not compromise its independence.
No person shall be permitted to use financial contributions to obtain immunity from investigation, prosecution, arrest, trial, sentencing, enforcement, confiscation, or any other lawful action of the Court.
The financial independence of the Court shall be regarded as an essential safeguard of its independence from political, governmental, commercial, religious, or other external influence.
The Rules of the Court shall establish detailed procedures concerning donations, financial disclosure, auditing, conflicts of interest, financial safeguards, budgeting, expenditure, and the prevention of bribery, corruption, money laundering, and financial coercion.
The Court may operate official websites, social-media accounts, livestreaming channels, video platforms, educational channels, podcasts, publications, and other lawful media activities for the purposes of public information, education, transparency, public participation, and generating voluntary income for the Court.
The Court may receive lawful income generated through such media activities, including advertising revenue, platform revenue-sharing, subscriptions, memberships, sponsorships, donations, licensing, and other lawful sources of media income.
Revenue generated through media activities shall be treated as Court income and shall be used solely to support the lawful purposes and independent operation of the Court.
No advertiser, sponsor, media platform, content creator, subscriber, donor, or other person shall obtain influence over judicial decisions, investigations, prosecutions, verdicts, sentencing, appointments, or enforcement decisions as a result of financial support or media activity.
The Court may publish and broadcast its public proceedings, judgments, educational material, investigations where legally appropriate, and other activities in order to increase public access to justice and permit the public to support the Court voluntarily.
Media income shall be recorded and subject to the financial transparency, auditing, and independence safeguards established by this Article.
Transparency and Public Access
The Court shall operate with the highest practicable level of transparency and public access consistent with the administration of justice, the protection of victims and witnesses, and the rights of all parties.
Court proceedings shall, as a general principle, be public.
The Court shall make its public hearings available through live broadcast or other publicly accessible media wherever technically and legally practicable.
The Court may conduct proceedings by secure video link where the Court determines that remote proceedings are appropriate, including where: a. there is a risk to the life or safety of a participant; b. attendance in person would create an unreasonable security risk; c. the participant is unable to travel; d. remote proceedings would significantly reduce unnecessary costs; e. the Court is operating during an emergency or exceptional circumstance; or f. the Court otherwise considers remote proceedings appropriate in the interests of justice.
A person appearing by video link shall, where reasonably practicable, have the same procedural rights and ability to participate as a person appearing physically before the Court.
The Court may permit a person to participate from a secure location, including a Court facility, police station, secure government facility, prison, other authorised facility, or private residence where appropriate safeguards are in place.
Where a person participates from a private residence, the Court may require appropriate security arrangements, including the presence of authorised law-enforcement or Court personnel where the Court considers this necessary.
The Court may restrict or temporarily suspend public access to all or part of a hearing only where necessary to: a. protect the life or safety of a person; b. protect a child or vulnerable victim or witness; c. protect a person from serious intimidation, retaliation, or harassment; d. protect highly sensitive personal, medical, financial, or security information; e. preserve the integrity of an ongoing investigation; f. prevent the disclosure of evidence that could seriously prejudice a fair trial; or g. address another exceptional circumstance expressly authorised by the Court.
Any restriction on public access shall be no broader or longer than reasonably necessary, and the Court shall give reasons for the restriction where appropriate.
The Court shall publish final judgments and significant judicial decisions, together with the reasons for those decisions, subject to lawful protections for victims, witnesses, children, confidential information, and other protected material.
The Court shall maintain a publicly accessible record of its proceedings, judgments, sentences, Rules, official decisions, annual reports, financial reports, and other information that the Court determines should be available to the public.
The Court may publish transcripts, recordings, evidence summaries, judicial documents, statistical information, and other material relating to public proceedings where publication is consistent with this Treaty.
The Court may establish official websites, social-media accounts, livestreaming channels, video platforms, podcasts, publications, and other communication channels to make its work accessible to the public.
Public broadcasting and media coverage shall not permit any person to interfere with proceedings, intimidate participants, manipulate evidence, obstruct justice, or otherwise undermine the integrity of the Court.
The Court may establish reasonable rules governing filming, recording, broadcasting, photography, commentary, and media access within Court proceedings.
The Court shall seek to make its proceedings accessible to people regardless of geographical location, disability, language, financial circumstances, or technological limitations, where reasonably practicable.
The Court may provide interpretation, translation, captions, transcripts, and other accessibility measures for public proceedings.
The Court shall seek to make important public information available in the official languages adopted under this Treaty and in other languages where resources permit.
Public access to proceedings shall not remove the right of an accused person to a fair and impartial trial.
The Court shall not permit public opinion, media attention, popularity, political pressure, financial influence, or online campaigning to determine the outcome of a case.
Nothing in this Article shall prevent the Court from conducting necessary private judicial discussions, deliberations, confidential hearings, or protected proceedings where required by this Treaty.
The Court shall publish appropriate explanations where a proceeding or part of a proceeding is not publicly accessible, unless doing so would itself create a significant risk to safety, justice, or protected information.
The Rules of the Court shall establish detailed procedures for public access, live broadcasting, remote participation, media accreditation, publication of records, protection of confidential information, and the responsible use of Court media.
Independence and Protection from Political Interference
The Court shall be independent and shall exercise its judicial, investigative, prosecutorial, administrative, financial, and enforcement functions without political interference.
No State, government, monarch, president, minister, political party, military authority, public official, international organisation, private organisation, donor, business, religious authority, media organisation, or other person or body shall unlawfully interfere with the work of the Court.
No person shall be exempt from the jurisdiction of the Court solely because of their official, political, military, royal, religious, economic, social, or other status.
The holding or former holding of public office shall not prevent investigation, arrest, prosecution, trial, conviction, sentencing, or enforcement of a lawful judgment of the Court.
This Article applies equally to Heads of State, Heads of Government, monarchs, members of royal families, ministers, legislators, judges, military commanders, police officials, diplomats, religious leaders, corporate executives, and other persons exercising public or significant private authority.
No person shall use their office, position, wealth, influence, political authority, military authority, religious authority, or control of public institutions to obstruct, intimidate, threaten, bribe, corrupt, delay, or otherwise interfere with the Court.
Any attempt to improperly influence a judge, prosecutor, investigator, Court Enforcement Officer, witness, victim, member of Court staff, or other participant in proceedings shall constitute a serious matter subject to investigation and appropriate legal action.
Judges shall decide cases independently and shall not receive instructions concerning the outcome of a case from any external person or organisation.
Prosecutors and investigators shall exercise their functions independently and shall not be directed to open, close, alter, delay, or abandon a case for political, financial, religious, personal, or other improper reasons.
Court Enforcement Officers shall act independently in carrying out lawful Court orders and shall not accept instructions from political authorities concerning whether or how a lawful Court order should be executed, except where this Treaty or applicable law expressly requires cooperation with national authorities.
No State, organisation, donor, media organisation, or other person shall be permitted to condition financial, technological, logistical, political, or other support upon a particular judicial or investigative outcome.
No person shall be threatened with financial withdrawal, dismissal, removal, retaliation, violence, sanctions, intimidation, or other punishment for lawfully performing their duties on behalf of the Court.
Judges, prosecutors, investigators, Court Enforcement Officers, and other authorised Court personnel shall have appropriate protections necessary to perform their functions independently and safely.
The Court may establish security measures for judges, prosecutors, investigators, victims, witnesses, Court personnel, and their immediate families where credible threats arise from their work for the Court.
The Court shall establish procedures for reporting and investigating allegations of political interference, corruption, bribery, intimidation, coercion, or obstruction involving any person connected with the Court.
Where credible evidence indicates an attempt by a State, government, organisation, or individual to interfere improperly with the Court, the Court may publicly identify and report the interference and may refer the matter to the appropriate authorities or bodies.
The Court shall not alter its judicial decisions solely because a State, organisation, political authority, donor, media organisation, or other person threatens to withdraw cooperation, funding, recognition, or other support.
No amendment, administrative decision, financial decision, or other action shall be used for the purpose of unlawfully controlling or weakening the judicial independence of the Court.
The Court shall maintain a clear separation between its judicial functions and its financial, administrative, prosecutorial, investigative, enforcement, and media functions.
Nothing in this Article shall prevent legitimate public criticism, peaceful protest, academic discussion, journalism, political debate, or other lawful expression concerning the Court.
The independence of the Court shall be regarded as a fundamental and permanent principle of this Treaty.
The Rules of the Court shall establish additional safeguards against political interference, corruption, conflicts of interest, coercion, intimidation, bribery, and improper influence.
Accountability and Complaints
All judges, prosecutors, investigators, Court Enforcement Officers, officials, employees, contractors, and other persons acting on behalf of the Court shall be accountable for their conduct and shall remain subject to this Treaty and applicable law.
The Court shall establish an independent Complaints and Accountability Office responsible for receiving, recording, assessing, and investigating complaints concerning misconduct, corruption, abuse of authority, conflicts of interest, discrimination, intimidation, bribery, unlawful interference, or other serious wrongdoing connected with the Court.
Any person may submit a complaint concerning the conduct of a person acting on behalf of the Court, including victims, witnesses, accused persons, members of the public, States Parties, organisations, and Court personnel.
Complaints may be submitted through secure written, electronic, video, or other accessible methods established by the Court.
A person shall not be punished, threatened, intimidated, disadvantaged, or otherwise retaliated against for making a complaint in good faith.
The Complaints and Accountability Office shall assess complaints independently and shall have authority to recommend or initiate appropriate investigations in accordance with the Rules of the Court.
Where a complaint concerns a judge, prosecutor, senior Court official, investigator, or Court Enforcement Officer, the person complained of shall not control or participate in the investigation of that complaint.
A person subject to a complaint shall be presumed innocent of misconduct unless and until the matter is established through a fair and impartial process.
Where an investigation identifies credible evidence of criminal conduct, corruption, serious misconduct, or abuse of authority, the matter may be referred for prosecution or other lawful disciplinary action.
The Court may impose appropriate disciplinary measures for proven misconduct, including: a. formal warning; b. mandatory training; c. suspension; d. removal from a particular function; e. dismissal; f. loss of Court privileges or authority; g. referral for criminal prosecution; or h. any other lawful measure established by the Rules of the Court.
Disciplinary action shall be proportionate to the seriousness of the misconduct and shall take account of the circumstances of the case.
No person shall be removed from judicial, prosecutorial, investigative, enforcement, or other protected Court functions solely because they made an unpopular decision, criticised a government, organisation, donor, or Court authority, or lawfully exercised their independent professional judgment.
Where a complaint concerns a judicial decision rather than misconduct, the matter shall normally be addressed through the appeal and judicial review procedures established under Article 17.
The Complaints and Accountability Office shall maintain appropriate records of complaints and their outcomes.
The Court shall publish appropriate statistical and general information concerning complaints and disciplinary proceedings while protecting confidential information, victims, witnesses, complainants, and persons who have not been found responsible for misconduct.
The Court shall establish safeguards to prevent malicious, knowingly false, or deliberately fabricated complaints from being used to intimidate or improperly interfere with Court personnel.
A complaint shall not be rejected solely because the complainant is not a State Party, is unable to attend the Court in person, lacks financial resources, or wishes to remain confidential where confidentiality can reasonably be maintained.
Where appropriate, the Court may provide additional protection to complainants, whistleblowers, victims, and witnesses who face retaliation because of a complaint or investigation.
The Assembly of States Parties shall have no authority to interfere with an individual judicial decision or prosecution through the complaints process.
The Complaints and Accountability Office shall operate independently of individual judges, prosecutors, investigators, enforcement officers, donors, political authorities, and other persons whose conduct it may be required to investigate.
The Court shall establish transparent procedures for appointment, independence, oversight, and removal of personnel responsible for complaints and accountability.
Nothing in this Article shall prevent a person from reporting suspected criminal conduct to a competent national or international authority where such reporting is lawful and appropriate.
The Rules of the Court shall establish detailed procedures governing complaints, investigations, confidentiality, whistleblower protection, disciplinary proceedings, appeals against disciplinary decisions, and publication of accountability information.
Conflicts of Interest and Judicial Impartiality
Judges, prosecutors, investigators, Court Enforcement Officers, and other Court personnel shall perform their functions independently, impartially, and without improper personal, political, financial, religious, or other influence.
A person shall not be considered conflicted solely because they know, have previously worked with, are related to, are friends with, or have another personal relationship with a person involved in a case.
A conflict of interest shall arise where the circumstances of a case create a genuine and substantial reason to believe that a person acting for the Court may be unable to perform their duties impartially or independently.
Circumstances that may require consideration of recusal include: a. a direct financial interest in the outcome of the case; b. a direct personal interest in the outcome; c. a close personal relationship that creates a substantial risk of partiality; d. previous direct involvement in the same matter in a conflicting professional or official capacity; e. having previously acted as legal representative for a party in the same matter; f. receiving a significant benefit or threat connected to the case; g. publicly expressing a predetermined position concerning the guilt or innocence of an accused person before the conclusion of proceedings; or h. any other circumstance that creates a genuine and substantial concern regarding impartiality.
A judge or other Court official who believes that a conflict may exist shall disclose the relevant circumstances in accordance with the Rules of the Court.
A party to proceedings may request the recusal of a judge or other person acting on behalf of the Court where the party has reasonable grounds to believe that a genuine conflict of interest exists.
A request for recusal shall be determined independently and shall not be decided solely by the person whose impartiality has been challenged.
The fact that a judge knows, has worked with, is related to, or is personally acquainted with a party, witness, victim, accused person, prosecutor, investigator, or other participant shall not by itself establish bias.
The Court shall distinguish between genuine conflicts of interest and ordinary professional, social, family, community, or personal relationships that do not affect a person's ability to act impartially.
A person shall not be removed from a case merely because of public pressure, political demands, media campaigns, online campaigns, personal accusations, or allegations unsupported by reasonable evidence.
Where a conflict of interest is established, the Court may require the person concerned to recuse themselves from the affected matter or may take another appropriate measure to preserve the integrity of the proceedings.
Where a conflict is disputed, the Court shall consider the evidence and circumstances objectively and shall provide reasons for its decision.
Judges shall not communicate privately with parties, witnesses, prosecutors, investigators, or other persons concerning the substance of a pending case except through lawful procedures authorised by the Court.
Judges and other Court personnel shall disclose significant financial interests, gifts, benefits, employment relationships, or other circumstances that could reasonably create a conflict of interest in accordance with the Rules of the Court.
No person shall be considered conflicted merely because they hold a particular religious belief, political opinion, philosophical position, nationality, cultural background, or personal viewpoint, provided that they remain capable of applying the law impartially.
The Court shall establish procedures for managing conflicts involving judges serving on multi-judge chambers, including the three-judge chambers established for high-profile or exceptionally serious cases where applicable.
Any deliberate concealment of a genuine and substantial conflict of interest may constitute misconduct and may be investigated under Article 23.
The Rules of the Court shall establish detailed procedures concerning disclosure, recusal, challenges to impartiality, conflicts of interest, financial interests, gifts, communications, and the resolution of disputed conflicts.
Protection of Victims, Witnesses and Participants
The Court shall take reasonable and proportionate measures to protect victims, witnesses, accused persons, judges, prosecutors, investigators, Court Enforcement Officers, Court staff, and other participants from intimidation, retaliation, harassment, threats, violence, or other harm arising from their participation in proceedings.
Protection measures may be applied before, during, and after proceedings where the Court considers them necessary.
The Court may establish or arrange: a. secure locations for witnesses and victims; b. protected communication channels; c. security escorts; d. relocation or temporary accommodation; e. identity protection or restricted disclosure of identifying information; f. remote or video-link testimony; g. protective measures for children and vulnerable persons; h. measures preventing direct contact between a witness and an accused person where necessary; i. psychological, social, legal, or other appropriate support; and j. any other lawful measure reasonably necessary for safety and participation.
The Court may permit a victim or witness to give evidence by secure video link where physical attendance would create a significant risk to their safety, wellbeing, or ability to give evidence.
The Court may permit a victim or witness to give evidence from a secure police facility, Court facility, other authorised location, or private residence where appropriate safeguards are in place.
Where a child or vulnerable person is involved, the Court shall take additional measures appropriate to their age, circumstances, safety, and wellbeing.
A person's participation in a public proceeding shall not automatically require the public disclosure of their private address, contact information, medical information, financial information, or other sensitive personal information.
The Court may restrict publication or broadcasting of identifying information where disclosure could create a substantial risk of harm to a victim, witness, child, vulnerable person, or other protected participant.
Any restriction on public access or broadcasting shall be limited to what is reasonably necessary to protect the person concerned and shall not be used to conceal wrongdoing or prevent legitimate public scrutiny of the Court.
Where appropriate, the Court may allow a witness to give evidence using measures that protect their identity from the general public while permitting the accused and their legal representatives to exercise their rights to challenge the evidence, subject to lawful protective procedures.
Victims shall have the right, where appropriate, to present their views and concerns to the Court concerning matters that directly affect their interests.
Victims and witnesses shall not be required to pay fees solely for the purpose of giving evidence or participating in proceedings.
The Court shall establish procedures for reporting threats, intimidation, retaliation, harassment, or interference with victims and witnesses.
Threatening, bribing, intimidating, harassing, injuring, abducting, or otherwise interfering with a victim or witness because of their participation in proceedings may constitute a separate offence or serious misconduct under this Treaty.
The Court may issue protective orders against persons suspected of threatening or interfering with victims, witnesses, or other participants.
Court Enforcement Officers and cooperating State authorities may be requested to assist in implementing lawful protection orders.
The Court shall seek, where reasonably possible, to ensure that victims and witnesses are treated with dignity, respect, and sensitivity throughout proceedings.
Protection measures shall not be used to prevent legitimate questioning or testing of evidence necessary for a fair trial.
The Court shall balance the protection of participants with the rights of the accused, the principle of open justice, and the public's legitimate interest in the proceedings.
Protection measures may continue after a trial, appeal, or other proceeding where the Court determines that a continuing risk exists.
The Court may establish agreements with States Parties, international organisations, humanitarian organisations, or other competent bodies concerning witness protection, relocation, medical or social support, and other protective services.
The Court shall establish procedures for protecting persons who provide information to the Court in good faith, including whistleblowers and persons assisting investigations.
No person shall be punished or disadvantaged for providing truthful evidence or information to the Court in good faith.
The Rules of the Court shall establish detailed procedures concerning victim participation, witness protection, anonymity, remote testimony, child witnesses, vulnerable persons, protective orders, confidentiality, and post-trial protection.
Offences Against the Administration of the Court
A person who intentionally interferes with the lawful administration of justice by the Court may be investigated, prosecuted, and sentenced in accordance with this Treaty.
Offences against the administration of the Court shall include: a. bribing or attempting to bribe a judge, prosecutor, investigator, Court Enforcement Officer, witness, victim, or Court official; b. threatening, intimidating, coercing, assaulting, abducting, or unlawfully harming a judge, prosecutor, investigator, Court Enforcement Officer, witness, victim, Court official, or their protected family members because of their role or participation in proceedings; c. deliberately providing false evidence or materially false information to the Court; d. deliberately destroying, concealing, altering, fabricating, or tampering with evidence; e. unlawfully interfering with a witness or victim; f. attempting to influence a judicial decision through political, financial, personal, religious, military, or other improper pressure; g. knowingly obstructing a lawful investigation or Court proceeding; h. deliberately helping a person evade a lawful Court warrant or sentence; i. unlawfully releasing, concealing, or assisting the escape of a person held pursuant to a lawful Court order; j. deliberately breaching a lawful protective order issued by the Court; k. impersonating a Court official or falsely claiming authority to act on behalf of the Court; l. unlawfully accessing, altering, destroying, or interfering with protected Court records or information systems; and m. attempting, conspiring, encouraging, assisting, or knowingly facilitating any offence established under this Article.
The Court may prosecute offences under this Article where the conduct occurs: a. within the territory of a State Party; b. against a Court proceeding, investigation, official, witness, victim, or protected person regardless of location; c. through electronic communications or information systems affecting the Court; d. in connection with a person subject to the jurisdiction of the Court; or e. in another circumstance provided for by this Treaty or a lawful international agreement.
The Court may issue warrants and other lawful orders concerning offences against the administration of the Court.
A person accused of an offence under this Article shall have the rights guaranteed under Article 6 and Article 17.
Nothing in this Article shall prevent a State Party from separately investigating or prosecuting conduct that also constitutes an offence under its national law.
Where the same conduct is capable of constituting both an offence under this Treaty and an offence under national law, the Court and the relevant State may cooperate to determine the appropriate jurisdiction and avoid unnecessary duplication of proceedings.
A person shall not be prosecuted under this Article merely for criticising, questioning, reporting on, or peacefully protesting against the Court or its decisions.
Legitimate journalism, academic research, political discussion, peaceful public criticism, and lawful freedom of expression shall not constitute interference with the Court merely because the expression is strongly critical or unpopular.
The Court may impose penalties proportionate to the seriousness of an offence under this Article, including imprisonment, fines, restitution, confiscation, or other lawful penalties authorised by this Treaty.
Where an offence under this Article causes serious injury, death, widespread intimidation, destruction of critical evidence, or substantial obstruction of the administration of justice, the Court may treat those circumstances as aggravating factors when determining the sentence.
Where an offence involves corruption, bribery, organised criminal activity, or financial gain, the Court may order the recovery, freezing, confiscation, or forfeiture of assets connected to the offence.
The Court may establish urgent protective measures where there is a credible threat of interference with an ongoing investigation, proceeding, victim, witness, judge, prosecutor, investigator, or Court Enforcement Officer.
The Court shall maintain appropriate procedures for investigating allegations of offences against its administration while preserving the rights of accused persons and the independence of the Court.
The Rules of the Court shall establish detailed procedures concerning investigation, prosecution, evidence, jurisdiction, penalties, protective measures, and cooperation with States in relation to offences under this Article.
Evidence and Investigations
The Court may conduct independent investigations into matters falling within its jurisdiction where there are reasonable grounds to believe that a serious offence or violation of this Treaty or applicable international law may have occurred.
The Court may commence an investigation: a. on its own initiative; b. following information received from a State Party; c. following information received from another State or lawful authority; d. following information submitted by victims, witnesses, individuals, organisations, humanitarian bodies, human-rights organisations, or other reliable sources; e. following information identified through public sources, media reports, digital records, satellite imagery, scientific evidence, or other lawful sources; or f. following a referral or request made in accordance with this Treaty.
The Court may conduct preliminary assessments before opening a formal investigation to determine whether the matter falls within its jurisdiction and whether there are sufficient grounds for further investigation.
Investigations shall be conducted independently, impartially, objectively, and in accordance with this Treaty and applicable international law.
Investigators may seek, collect, preserve, analyse, authenticate, and present evidence relevant to an investigation.
Evidence may include: a. witness testimony; b. documentary records; c. photographs and video recordings; d. audio recordings; e. digital communications and electronic records; f. financial and banking records obtained lawfully; g. forensic evidence; h. medical evidence; i. scientific and technical evidence; j. satellite or geospatial evidence; k. physical objects; l. publicly available information; m. expert evidence; and n. any other lawful evidence relevant to the proceedings.
The Court shall take reasonable measures to establish the authenticity, reliability, relevance, and integrity of evidence before relying upon it.
The Court may appoint independent experts where specialist knowledge is required.
The Court may request assistance from States Parties, international organisations, humanitarian organisations, scientific institutions, forensic organisations, law-enforcement bodies, and other competent organisations in obtaining or analysing evidence.
The Court may establish secure systems for receiving evidence and information from members of the public and organisations.
Persons providing evidence or information in good faith shall be protected against retaliation in accordance with Article 25.
The Court may issue lawful orders requiring the preservation of evidence where there is a risk that evidence may be destroyed, altered, concealed, or otherwise lost.
Where authorised by this Treaty and applicable law, the Court may issue search, seizure, preservation, freezing, or other investigative orders.
Investigative measures shall be proportionate to the seriousness of the matter and shall respect the rights guaranteed under this Treaty.
Evidence obtained through torture, deliberate cruel treatment, or other serious violations of fundamental rights shall not be admitted where the violation materially affected the reliability or fairness of the evidence, subject to the Rules of the Court.
The Court shall establish procedures for maintaining the chain of custody and integrity of physical and digital evidence.
The Court may use secure digital evidence systems, including cryptographic verification, timestamps, forensic imaging, and other appropriate technologies to preserve evidence integrity.
The Court may consider evidence obtained independently by journalists, humanitarian organisations, human-rights organisations, researchers, scientific institutions, or other persons where the Court determines that the evidence is relevant, authentic, and sufficiently reliable.
Publicly available information shall not be treated as automatically reliable merely because it is widely published. The Court shall assess its authenticity and reliability.
The Court may conduct investigations outside the territory of States Parties where lawful authority or consent permits, or where another lawful international agreement provides such authority.
Where an investigation concerns conduct occurring in a State that has not accepted the jurisdiction of the Court, the Court may preserve evidence and conduct such preliminary investigative activity as is lawfully possible while determining whether jurisdiction can be established.
The Court may issue requests for cooperation concerning the identification, preservation, collection, and transfer of
Prosecution and the Office of the Prosecutor
The Court shall establish an independent Office of the Prosecutor responsible for investigating and prosecuting persons suspected of offences falling within the jurisdiction of the Court.
The Office of the Prosecutor shall not be required to maintain a permanent physical headquarters and may operate primarily through secure digital and remote working systems.
Prosecutors may reside and work in different States and may perform their functions remotely from their homes or other secure locations approved by the Court, provided that appropriate security, confidentiality, and technological safeguards are maintained.
The Court may appoint multiple prosecutors located in different countries and may organise their work through rotation, shared caseloads, specialist teams, regional responsibilities, or other arrangements established by the Court.
The use of remote prosecutors shall not affect the independence, authority, duties, or legal status of the Office of the Prosecutor.
The Prosecutor shall act independently, impartially, objectively, and in accordance with this Treaty, applicable international law, and the Rules of the Court.
The Prosecutor shall not receive instructions from any government, State, political party, military authority, donor, organisation, individual, or other external person concerning whether or how a particular person or matter should be prosecuted.
The Prosecutor may commence a prosecution: a. following an investigation initiated by the Court; b. following a referral authorised under this Treaty; c. following information received from a State Party or other competent authority; d. following information provided by victims, witnesses, organisations, humanitarian bodies, human-rights organisations, or other reliable sources; or e. on the basis of evidence discovered through an independent investigation conducted under Article 27.
Before commencing proceedings, the Prosecutor shall determine whether there are sufficient grounds and admissible evidence to establish a reasonable basis for prosecution.
The Prosecutor shall consider evidence both supporting and contradicting the allegation and shall not deliberately conceal material evidence that may establish innocence or materially undermine the prosecution.
Prosecutors may perform their duties through secure video conferencing, encrypted communications, secure document systems, digital evidence systems, and other appropriate technologies.
The Court may establish secure systems allowing prosecutors in different countries to work together on the same investigation or prosecution without requiring them to travel or maintain permanent offices.
Prosecutors may attend Court proceedings remotely unless the Court determines that physical attendance is necessary for a particular proceeding.
The Prosecutor may: a. bring charges; b. amend charges where permitted by the Rules of the Court; c. withdraw charges where there is insufficient evidence or another lawful reason; d. seek arrest warrants; e. request protective measures; f. request searches, seizures, preservation orders, freezing orders, or other lawful investigative measures; g. appeal judgments or sentences where permitted by this Treaty; and h. perform any other lawful function necessary to carry out the duties of the Office.
The Prosecutor may request the Court to authorise urgent investigative or protective measures where delay could result in serious harm, destruction of evidence, escape of a suspect, or continuation of serious criminal conduct.
The Prosecutor shall give particular consideration to allegations involving genocide, crimes against humanity, war crimes, serious sexual offences against children, sex trafficking, abduction, organised criminal activity, unlawful wars, and other offences within the jurisdiction of the Court.
The Prosecutor may prioritise cases according to the seriousness of the alleged conduct, the strength of available evidence, the protection of victims and witnesses, the likelihood of successful prosecution, and the interests of justice.
No prosecution shall be commenced or discontinued solely because of the nationality, religion, political opinion, social status, wealth, occupation, official position, military rank, royal status, or other status of the person concerned.
The Prosecutor may prosecute persons holding public office where the requirements of jurisdiction and evidence are satisfied.
The Prosecutor may bring proceedings against multiple persons arising from the same conduct where the evidence and interests of justice support doing so.
The Prosecutor may seek the joinder or separation of proceedings where doing so would promote a fair and efficient trial.
The Prosecutor shall maintain appropriate records of prosecutorial decisions and shall provide reasons for significant decisions where required by the Rules of the Court.
Where the Prosecutor decides not to proceed with a matter following a formal investigation, the Court may establish procedures allowing the decision to be reviewed where substantial evidence indicates that the decision may have been unreasonable, improperly influenced, corrupt, or contrary to the interests of justice.
A victim or other authorised participant may, where permitted by the Rules of the Court, request review of a decision not to prosecute.
Any review of a prosecutorial decision shall respect prosecutorial independence and shall not permit political or financial interests to dictate the outcome.
The Prosecutor may cooperate with national prosecutors, international organisations, humanitarian organisations, law-enforcement bodies, and other competent authorities where such cooperation is lawful and consistent with the independence of the Office.
The Prosecutor shall establish appropriate safeguards concerning conflicts of interest, confidentiality, evidence, victim protection, whistleblowers, and the security of investigations.
The Prosecutor shall not publicly declare a person guilty before conviction by the Court.
The Office of the Prosecutor shall maintain appropriate safeguards against malicious, politically motivated, discriminatory, or knowingly false prosecutions.
The Prosecutor may establish specialist teams for genocide, war crimes, crimes against humanity, trafficking, child exploitation, financial crime, corruption, cybercrime, unlawful warfare, and other serious offences falling within the Court's jurisdiction.
The Prosecutor shall be accountable for professional misconduct and shall be subject to the complaints and accountability procedures established under Article 23.
The Court shall establish procedures for the appointment, term of office, removal, independence, remuneration, and accountability of the Prosecutor and other prosecutorial personnel.
The Court may establish physical offices, regional offices, or other permanent facilities in the future where financially practical and where doing so would improve the administration of justice.
Nothing in this Article shall require the Court to establish or maintain physical offices where secure remote systems can adequately perform the required function.
Nothing in this Article shall prevent national authorities from independently investigating or prosecuting conduct that also falls within the jurisdiction of the Court, subject to the provisions of this Treaty concerning jurisdiction and cooperation.
The Rules of the Court shall establish detailed procedures governing prosecutorial decisions, charging, disclosure, appeals, cooperation, remote working, rotation of prosecutors, specialist prosecutorial teams, conflicts of interest, and review of decisions not to prosecute.
The Defence
Every person accused before the Court shall have the right to a fair and effective defence.
Every accused person shall have the right to represent themselves or to be represented by a lawyer or other qualified legal representative permitted by the Rules of the Court.
An accused person shall not be required to travel to a physical Court facility solely for the purpose of obtaining legal representation.
Defence representatives may reside and work in different countries and may perform their functions remotely through secure communication systems.
The Court may establish a remote defence system allowing accused persons to communicate privately and securely with their legal representatives.
Every accused person shall be informed promptly and in sufficient detail of the allegations and charges against them in a language they understand.
The accused shall have adequate time and facilities to prepare their defence.
The defence shall have reasonable access to evidence and material relied upon by the prosecution, subject to lawful protections concerning victims, witnesses, confidential information, national security, and other protected material.
The defence shall have a reasonable opportunity to challenge prosecution evidence and to present evidence, witnesses, expert evidence, and other material in support of the defence.
The accused shall have the right to question or have their legal representative question witnesses presented against them, subject to lawful protective measures for victims and witnesses.
The accused shall have the right to request the Court to compel or assist in obtaining evidence and witnesses where the requirements of justice and applicable law are satisfied.
No accused person shall be required to provide evidence against themselves or to confess guilt.
An accused person shall be presumed innocent until guilt has been established by the Court according to the required standard of proof.
The burden of proving the allegations shall rest upon the prosecution.
An accused person shall have the right to interpretation and translation where necessary to understand proceedings and participate effectively in their defence.
The Court may provide or arrange legal representation for an accused person who cannot reasonably obtain adequate legal representation and where the interests of justice require it.
The Court may maintain a list or network of independent lawyers and legal representatives willing to represent accused persons remotely or in person.
Defence lawyers and legal representatives shall be permitted to communicate privately with their clients, including through secure video, telephone, or electronic communication.
Confidential communications between an accused person and their legal representative shall be protected in accordance with the Rules of the Court.
The Court shall provide reasonable facilities for an accused person appearing by video link to participate effectively, including access to documents, evidence, interpretation, communication with counsel, and the ability to hear and be heard.
The Court may permit an accused person to participate from a secure location, including a police station, prison, Court facility, other authorised facility, or private residence where appropriate safeguards are in place.
The Court shall not deny a person a fair defence merely because the person lacks financial resources, lives in another country, is unable to travel, or cannot immediately obtain private legal representation.
Where an accused person deliberately refuses to participate after being properly notified of the proceedings and provided a reasonable opportunity to attend and defend themselves, the Court may proceed in their absence where authorised under this Treaty and the Rules of the Court.
Proceeding in the absence of an accused person shall not remove the accused person's rights of appeal or judicial review under Article 17.
The Court may appoint independent defence counsel to protect the interests of an accused person who is absent where the Court considers this necessary for a fair proceeding.
The Court shall ensure that the defence has a reasonable opportunity to respond to material evidence before the Court relies upon that evidence to determine guilt.
The prosecution shall disclose material evidence that may reasonably assist the defence, including evidence that may support innocence, reduce responsibility, or undermine the reliability of prosecution evidence.
Deliberate suppression or destruction of material defence evidence by a prosecutor or investigator may constitute misconduct or an offence under this Treaty.
The Court shall establish procedures for protecting defence lawyers and legal representatives from intimidation, threats, retaliation, bribery, or improper interference.
Nothing in this Article shall prevent the Court from establishing reasonable procedures to protect victims, witnesses, confidential information, or the integrity of proceedings, provided that those procedures do not unfairly prejudice the defence.
The Rules of the Court shall establish detailed procedures governing defence representation, legal aid, disclosure, evidence, witness questioning, remote participation, confidentiality, communication with clients, and proceedings involving an accused person who is absent.
Arrest Warrants and Detention
The Court may issue an arrest warrant where there are reasonable grounds to believe that a person has committed, is committing, or is responsible for an offence within the jurisdiction of the Court and where arrest is necessary to secure the person's appearance, prevent interference with justice, protect victims or witnesses, prevent the continuation of serious criminal conduct, or prevent flight from justice.
An arrest warrant shall identify the person concerned and shall state, where reasonably practicable: a. the person's identity; b. the alleged offences; c. the factual basis for the warrant; d. the legal basis for the Court's jurisdiction; and e. any conditions or limitations imposed by the Court.
Arrest warrants shall be issued or confirmed by an authorised judge or judicial chamber in accordance with the Rules of the Court.
The Court may issue an urgent provisional arrest order where delay would create a serious risk of flight, harm to a person, destruction of evidence, continuation of serious criminal conduct, or obstruction of justice, subject to subsequent judicial review.
The Court may request States Parties and other cooperating authorities to arrest and surrender a person subject to a lawful Court warrant.
States Parties shall, in accordance with Article 19 and their obligations under this Treaty, cooperate in locating, detaining, transferring, and holding persons subject to lawful Court warrants.
The Court may maintain and circulate lawful arrest warrants through secure international law-enforcement and judicial communication systems.
The Court may request the assistance of its Court Enforcement Officers, where established and lawfully available, in locating, arresting, transporting, securing, or transferring a person subject to a Court order.
Where Court Enforcement Officers operate within the territory of a State, they shall comply with the applicable cooperation arrangements and lawful requirements established under this Treaty.
A person arrested pursuant to a Court warrant shall be informed, as soon as reasonably practicable, of: a. the existence and basis of the warrant; b. the allegations against them; c. their right to legal representation; d. their right to challenge the lawfulness of their detention; and e. their other rights under this Treaty.
A person shall not be detained solely because of their nationality, religion, political opinion, ethnicity, sex, wealth, occupation, public office, or other protected status.
Detention before trial shall not be used as punishment.
A detained person shall be brought before the Court or an authorised judicial authority within a reasonable period for review of the lawfulness and necessity of detention.
The Court shall consider whether detention remains necessary and proportionate, taking into account: a. the seriousness of the alleged offence; b. the risk of flight; c. the risk of interference with witnesses or evidence; d. the risk of continued serious criminal conduct; e. the safety of victims, witnesses, Court personnel, or the public; and f. any other relevant circumstances.
Where detention is not necessary, the Court may order conditional or supervised release, including restrictions on travel, communication, contact with specified persons, or other appropriate conditions.
The Court may order continued detention where the requirements of this Article remain satisfied.
A person detained under a Court warrant shall be held in humane conditions and shall be treated with dignity and respect.
Detained persons shall have reasonable access to medical care, food, water, sanitation, communication with legal representatives, and other basic necessities.
The Court may designate or approve prisons, detention facilities, police facilities, or other secure locations within States Parties for persons detained pursuant to Court orders.
A person may participate in detention hearings, preliminary hearings, and other proceedings by secure video link where the Court considers remote participation appropriate.
The Court may permit necessary judicial proceedings to take place while a person remains physically detained in another State, subject to appropriate safeguards.
A person shall have the right to challenge the legality of their arrest or detention and to request judicial review.
If an arrest warrant is found to have been issued or executed unlawfully, the Court shall provide an appropriate remedy in accordance with this Treaty and the Rules of the Court.
The Court may issue international requests concerning the location and detention of a person who is outside the territory of States Parties where jurisdiction and applicable international law permit such action.
A person who deliberately assists another person in evading a lawful Court arrest warrant may be investigated and prosecuted where jurisdiction exists, including under Article 26.
No immunity arising solely from public office, political position, royal status, military rank, diplomatic position, wealth, or social status shall prevent the Court from issuing or enforcing a lawful arrest warrant where the requirements of this Treaty are satisfied.
Where a person is arrested in relation to conduct falling within the jurisdiction of both the Court and a State Party, the Court and the State shall cooperate to determine the appropriate arrangements for custody, prosecution, transfer, and enforcement.
The Court may issue warrants for the arrest of a person who refuses to attend proceedings where the Court has provided proper notice and reasonable opportunity to attend, and where the legal requirements for arrest are satisfied.
The Court may issue further orders concerning detention, transfer, release, security, or protection where necessary to give effect to a lawful judicial decision.
The Rules of the Court shall establish detailed procedures concerning arrest warrants, provisional arrest, international requests, surrender and transfer, detention conditions, judicial review, conditional release, and cooperation with States and Court Enforcement Officers.
State Custody, Remote Proceedings, Transfer and Surrender
A person subject to a lawful Court arrest warrant may be arrested and detained by a State Party within its jurisdiction without being transferred to the physical custody of the Court.
A State Party may retain custody of an arrested person for the purposes of investigation, preliminary proceedings, trial, appeal, sentencing, and enforcement of a Court judgment.
Proceedings may be conducted remotely while the accused remains in the custody of the State Party.
The Court may conduct proceedings from or through: a. a police station; b. a prison or other custodial facility; c. a secure government facility; d. a Court facility; e. another secure location authorised by the State Party and the Court; or f. another location approved by the Court where appropriate safeguards exist.
The physical location of an accused person shall not prevent the Court from exercising its judicial authority or conducting a lawful proceeding.
A State Party holding a person in custody shall provide the facilities reasonably necessary for the person to participate in Court proceedings by secure video link, including access to legal representation, interpretation, Court documents, evidence, and confidential communication with their legal representative.
The Court may conduct the entire trial remotely where the Court determines that physical transfer of the accused is unnecessary, impractical, unsafe, or inconsistent with the efficient administration of justice.
Following conviction, a person may remain in the custody of the State Party and serve the sentence imposed by the Court within that State, where the State is legally able and willing to enforce the sentence.
A State Party may enforce Court-imposed imprisonment, fines, confiscation, restitution, forfeiture, property-recovery orders, deportation or removal orders, and other lawful sentences within its territory in accordance with this Treaty and the arrangements established with the Court.
Where a State Party's law permits capital punishment, that State may, where lawfully authorised, enforce a death sentence imposed by the Court.
Where a State Party does not permit a particular sentence, including capital punishment, it may refuse to enforce that particular penalty within its territory or may apply another lawful sentence or enforcement arrangement permitted under this Treaty.
A refusal by a State Party to enforce a particular penalty shall not, by itself, invalidate, cancel, or extinguish the Court's judgment or sentence.
Where enforcement of a particular sentence cannot take place in the State holding the convicted person, the Court may seek the voluntary or treaty-based cooperation of another State Party that is legally able and willing to enforce the sentence.
The Court may order the transfer of a convicted person to another State Party where necessary for lawful enforcement of a sentence and where the receiving State agrees or is otherwise legally authorised to receive the person.
The Court may also order or request physical transfer of an accused person to the custody of the Court where the Court determines that remote proceedings or continued State custody are insufficient to secure a fair and effective proceeding.
Physical surrender or transfer to the Court shall therefore be an available enforcement and judicial measure but shall not be a general requirement for a person to be tried, convicted, sentenced, or imprisoned under this Treaty.
A State Party shall maintain lawful custody of a person arrested under a Court warrant and shall ensure that the person is not released solely because the person refuses to recognise the Court or refuses to participate in proceedings, where continued detention has been lawfully authorised.
A person detained under this Article shall have the rights guaranteed by this Treaty, including the right to challenge the lawfulness of detention, the right to legal representation, and the right to a fair trial.
Where an accused person deliberately refuses to attend or participate in proceedings after receiving proper notice and being given a reasonable opportunity to defend themselves, the Court may proceed in their absence where authorised under this Treaty and the Rules of the Court.
A State Party may continue holding a convicted person following a trial conducted in their absence where the Court has issued a lawful sentence and the requirements for continued detention are satisfied.
The Court may request the assistance of the State Party in securing the attendance of the accused by video link or, where necessary and lawful, through physical appearance before the Court.
A State Party may request assistance from Court Enforcement Officers in relation to custody, transportation, security, evidence, or enforcement, but the person shall not be required to be physically surrendered to the Court where the State Party is capable of lawfully carrying out the Court's orders itself.
States Parties shall cooperate with the Court in maintaining secure custody, preventing escape, protecting victims and witnesses, preserving evidence, facilitating remote proceedings, and enforcing lawful judgments and sentences.
No person shall be transferred to a State where there are substantial grounds to believe that the person would be subjected to torture or other treatment prohibited by this Treaty or applicable international law.
The Court shall consider the safety, dignity, health, and fundamental rights of a person during any physical transfer.
Where more than one State requests custody or enforcement of the same person, the Court may determine or recommend appropriate arrangements having regard to jurisdiction, the seriousness of the offences, the interests of justice, existing proceedings, enforcement capability, and the rights of the person concerned.
The Court may establish agreements with States Parties concerning remote trials, detention facilities, police and prison facilities, transportation, prisoner transfers, witness protection, medical care, and enforcement of sentences.
The Rules of the Court shall establish detailed procedures concerning State custody, remote trials, detention, video-link proceedings, physical transfer, surrender, enforcement of sentences, capital sentences, prisoner transfers, and the rights of persons held by States Parties.
Conduct of Trials and Trial Procedure
The Court shall conduct trials fairly, independently, impartially, and in accordance with this Treaty, applicable international law, and the Rules of the Court.
Trials shall ordinarily be conducted publicly and, where technically practicable, shall be broadcast live to the public in accordance with Article 21.
The Court may conduct trials primarily or entirely by secure video link.
An accused person may participate in a trial remotely while being held in the custody of a State Party, including from a police station, prison, secure government facility, or other authorised location.
Prosecutors, defence representatives, witnesses, experts, interpreters, judges, investigators, victims, and other authorised participants may participate remotely where the Court considers remote participation appropriate.
The Court may permit participants to appear from different countries during the same proceeding where secure communication systems allow effective participation.
The Court shall ensure that all participants can hear and, where appropriate, see one another sufficiently to participate effectively.
The Court shall ensure that an accused person has a reasonable opportunity to communicate privately with their legal representative during proceedings.
The Court shall determine the order and conduct of proceedings, subject to this Treaty and the Rules of the Court.
The prosecution shall present the allegations and evidence supporting the charges.
The defence shall have a reasonable opportunity to respond to the charges, challenge prosecution evidence, present evidence, question witnesses, and make submissions to the Court.
The Court may permit victims and other authorised participants to present evidence, views, or submissions where permitted by this Treaty and the Rules of the Court.
Witnesses shall give evidence under procedures established by the Court and may be required to make a formal declaration concerning the truthfulness of their evidence.
The Court may allow witness evidence to be given remotely where appropriate.
The Court may permit expert witnesses to provide evidence remotely or through written expert reports where this does not unfairly prejudice the parties.
The Court may use interpreters and translators to ensure that participants can understand and participate effectively in proceedings.
The Court shall ensure that evidence relied upon in determining guilt or sentence is disclosed and presented in accordance with the rights of the accused and the Rules of the Court.
The Court may exclude evidence where its admission would seriously undermine the fairness or integrity of the proceedings.
The Court may adjourn proceedings where necessary to protect the fairness of the trial, allow adequate preparation, address technical difficulties, protect participants, or consider newly discovered evidence.
The Court may issue procedural orders concerning evidence, witnesses, disclosure, questioning, time limits, conduct of participants, and other matters necessary for an orderly and fair proceeding.
The Court may combine related charges or accused persons into one proceeding where doing so promotes efficiency and does not unfairly prejudice any party.
The Court may separate charges or accused persons where separate proceedings are necessary to ensure fairness or efficient administration of justice.
An accused person shall not be required to attend physically where the Court determines that remote participation provides an adequate and fair means of participation.
The Court may require physical attendance where it determines that this is necessary for a fair proceeding, the protection of participants, identification of the accused, sentencing, or another substantial judicial reason.
Where physical attendance is required but the accused remains lawfully detained in a State Party, the Court may arrange transportation or other lawful arrangements for physical attendance.
A trial may proceed in the absence of the accused where the requirements established under this Treaty are satisfied, including where the accused has deliberately refused to attend or participate after receiving proper notice and a reasonable opportunity to defend themselves.
Proceedings conducted in the absence of an accused person shall remain subject to the requirements of fairness, evidence, judicial independence, and the rights of the defence.
Where a trial proceeds in the absence of an accused person, the Court may appoint or require independent defence representation where necessary to protect the interests of the accused.
The Court may issue protective measures for victims and witnesses, including restricted disclosure of identifying information, remote testimony, screened testimony, or other appropriate measures.
Any restriction on public access shall comply with Article 21 and shall be limited to what is reasonably necessary.
The Court shall maintain an official record of proceedings, including appropriate transcripts, recordings, evidence records, judicial orders, and judgments.
Public broadcasts may include live video and audio of proceedings, subject to lawful restrictions necessary for safety, privacy, protection of vulnerable persons, confidential evidence, or the integrity of justice.
The Court may permit accredited media organisations and independent journalists to report on public proceedings subject to reasonable rules protecting the integrity and safety of the proceedings.
Members of the public may observe public proceedings through Court facilities, official online platforms, authorised broadcasts, or other means established by the Court.
The Court shall not allow public opinion, media popularity, online campaigns, political pressure, financial contributions, or other external influence to determine the outcome of a case.
Judges shall deliberate independently and shall issue decisions based solely upon the evidence, applicable law, and the requirements of justice.
The Court shall give reasons for its verdicts, significant procedural decisions, and sentences.
The Court may deliver judgments and sentences through secure video link where the accused is being held by a State Party.
A final judgment and sentence issued through a lawful remote proceeding shall have the same legal effect as a judgment issued following physical attendance before the Court.
The Rules of the Court shall establish detailed procedures governing trial preparation, remote hearings, public broadcasting, evidence, witnesses, defence participation, proceedings in absence, judicial deliberation, judgments, sentencing, and the official record of proceedings.
Verdicts and Sentencing
The Court shall determine the guilt or innocence of an accused person solely on the evidence presented and the applicable provisions of this Treaty and international law.
No person shall be convicted unless the Court is satisfied beyond reasonable doubt that the person committed the offence charged.
A verdict shall state the decision of the Court and shall provide reasons explaining the principal findings of fact and law.
Where the Court finds an accused person not guilty, the person shall be acquitted of the relevant charge and any detention relating solely to that charge shall cease unless another lawful basis for detention exists.
Where the Court finds an accused person guilty, the Court shall impose a sentence proportionate to the seriousness of the offence, the circumstances of the offender, the harm caused, and the interests of justice.
Sentences may include: a. imprisonment; b. fines; c. restitution or compensation to victims; d. confiscation or forfeiture of proceeds of crime; e. seizure or recovery of property connected to an offence; f. deportation or removal where lawfully appropriate; g. restrictions or orders concerning future conduct; h. other lawful penalties established by this Treaty or the Rules of the Court; and i. the death sentence where expressly authorised under this Treaty.
The Court may order that proceeds of crime, property obtained through criminal conduct, or property used to facilitate serious criminal activity be frozen, confiscated, forfeited, or otherwise recovered in accordance with this Treaty.
The Court shall give particular consideration to restitution and compensation for victims where appropriate and where assets or resources are available.
The Court may consider aggravating circumstances, including: a. genocide or conduct intended to destroy a protected group; b. systematic or widespread crimes against humanity; c. serious war crimes; d. deliberate attacks against civilians; e. serious sexual offences against children; f. rape or aggravated sexual violence; g. sex trafficking or exploitation of persons; h. abduction or kidnapping involving serious harm; i. torture; j. murder or intentional killing; k. organised or repeated commission of serious offences; l. abuse of public, military, political, religious, economic, or other authority; m. particularly large-scale or prolonged harm; or n. deliberate obstruction of justice or intimidation of victims and witnesses.
The Court may consider mitigating circumstances, including genuine cooperation with the Court, voluntary surrender, acceptance of responsibility, assistance to victims, substantial assistance in establishing the truth, or other circumstances recognised by the Court.
A person's nationality, religion, ethnicity, sex, political opinion, wealth, public position, military rank, royal status, or social position shall not increase or reduce a sentence except where the person's use or abuse of such position is directly relevant to the offence or its seriousness.
The Court may impose a sentence against a person regardless of whether the person accepts the authority of the Court, provided that the Court has established jurisdiction and the requirements of a fair proceeding have been satisfied.
A person convicted in their absence may be sentenced in accordance with this Treaty where the requirements for proceedings in absence have been satisfied.
A person sentenced in their absence shall retain the rights of appeal and judicial review established under this Treaty.
A sentence imposed by the Court shall remain legally valid unless overturned, reduced, commuted, or otherwise altered through a lawful procedure under this Treaty.
A State Party may enforce a Court sentence within its territory in accordance with Article 19 and Article 31.
A State Party that does not permit a particular sentence under its national law may refuse to enforce that particular penalty within its territory or may apply another lawful enforcement arrangement permitted under this Treaty.
A refusal by a State Party to enforce a particular penalty shall not, by itself, cancel, extinguish, or invalidate the sentence imposed by the Court.
Where a State Party cannot enforce a particular sentence, the Court may seek another State Party that is legally able and willing to enforce that sentence.
Where the Court has imposed a death sentence and the person is located in a State that does not permit capital punishment, that State may refuse to carry out the death sentence or refuse transfer for the purpose of carrying it out. The death sentence shall nevertheless remain a valid sentence of the Court unless lawfully altered or overturned.
Where a person subject to a valid death sentence subsequently enters, or is lawfully transferred to, a State Party whose law permits enforcement of that sentence and which is legally authorised to enforce it, the State may enforce the sentence in accordance with this Treaty and its applicable law.
The Court shall establish through its Rules the offences for which a death sentence may be considered and the procedures governing such sentences.
A death sentence shall only be imposed following the highest level of judicial scrutiny required by the Court and shall be subject to the applicable appeal and review procedures.
The Court shall not impose a death sentence solely because of a person's nationality, religion, political opinion, ethnicity, sex, or other protected characteristic.
Where a sentence involves imprisonment, the Court may specify the term of imprisonment and any conditions or requirements applicable to enforcement.
Where a sentence involves a fine or financial order, the Court may establish the amount and terms of payment having regard to the seriousness of the offence, financial circumstances, and the interests of victims and justice.
The Court may impose concurrent or consecutive sentences where multiple offences are established, subject to proportionality and the Rules of the Court.
The Court may issue additional orders necessary to give effect to a sentence, including orders concerning custody, transfer, property, proceeds of crime, restitution, victim protection, or other lawful enforcement measures.
No person shall be punished more than once by the Court for the same offence following a final acquittal or conviction, except where this Treaty expressly permits a retrial or reopening of proceedings.
The Court shall publish its final verdicts and sentences in accordance with Article 21, subject to lawful protections for victims, witnesses, children, confidential information, and other protected persons.
The Rules of the Court shall establish detailed procedures governing verdicts, sentencing hearings, aggravating and mitigating circumstances, restitution, confiscation, imprisonment, fines, capital sentences, appeals, judicial review, and enforcement.
Appeals and Judicial Review
Every person convicted by the Court shall have the right to appeal their conviction, sentence, or both in accordance with this Treaty.
The prosecution may appeal an acquittal, conviction, sentence, or other final judicial decision where authorised by this Treaty and the Rules of the Court.
An appeal may be based upon: a. an error of law; b. a serious error in the assessment or admission of evidence; c. a serious procedural error affecting the fairness of the proceedings; d. newly discovered evidence that could materially affect the verdict or sentence; e. misconduct, corruption, bias, or improper influence affecting the proceedings; f. an error concerning the jurisdiction of the Court; g. an unreasonable or disproportionate sentence; or h. another substantial ground recognised by the Rules of the Court.
An appeal shall be heard by judges who did not participate in the original decision where reasonably practicable.
The Court may establish an independent appellate chamber consisting of one or more judges as determined by the Rules of the Court.
Appeals may be conducted by secure video link, including where the appellant remains in the custody of a State Party.
An appellant shall have reasonable access to legal representation and the evidence and records necessary to present an effective appeal.
The Court may appoint or arrange independent legal representation where necessary to ensure a fair appeal and the interests of justice require it.
The prosecution and defence shall have a reasonable opportunity to make written and oral submissions.
The appellate court may: a. uphold the conviction; b. overturn the conviction; c. order an acquittal; d. order a retrial; e. amend the legal classification of an offence where lawful; f. increase or reduce a sentence where authorised; g. order a new sentencing hearing; h. return a matter to the trial chamber for reconsideration; i. correct a serious procedural or legal error; or j. make any other lawful order necessary to achieve justice.
A conviction shall not be overturned merely because an appellate chamber would have preferred a different interpretation of evidence where the original decision was reasonably supported by the evidence and law.
Where an appeal identifies a serious error affecting the fairness or reliability of a conviction, the appellate court shall provide an appropriate remedy.
A person shall not be punished for exercising their right to appeal.
Where an appeal is brought against a sentence, the sentence may remain in force during the appeal unless the Court orders otherwise.
The Court may suspend or modify enforcement of a sentence where necessary to prevent serious injustice while an appeal is pending.
Where a person has been acquitted by final judgment, they shall not be retried for the same offence except where this Treaty expressly permits reopening of the case because of exceptional circumstances such as proven fraud, deliberate concealment of decisive evidence, or serious corruption affecting the original proceedings.
Where a conviction has become final, the Court may permit judicial review where substantial new evidence, proven corruption, fundamental procedural injustice, or another exceptional circumstance demonstrates that the conviction may be unsafe.
A judicial review shall be conducted independently from the original decision wherever reasonably practicable.
The Court may establish time limits for appeals while allowing extensions where necessary to prevent injustice.
An appeal or review may be brought by: a. the convicted person; b. their authorised legal representative; c. the Prosecutor; or d. another person authorised under the Rules of the Court where the convicted person is unable to act.
Where the accused has died, the Court may permit an appeal or review to continue where necessary to establish the truth, correct a wrongful conviction, protect the reputation of the deceased, or serve the interests of justice.
Where an appeal or review results in an acquittal or reduction of sentence, the Court shall issue appropriate orders concerning release, compensation, restoration of property, correction of public records, or other appropriate remedies.
Where a person has been unlawfully imprisoned as a result of a wrongful conviction, the Court may order or recommend compensation or other appropriate remedy in accordance with this Treaty.
Appeals and judicial reviews may be conducted remotely where physical attendance is unnecessary.
The Court shall maintain a public record of final appellate judgments and significant judicial review decisions, subject to lawful protections for victims, witnesses, children, confidential information, and other protected persons.
The Rules of the Court shall establish detailed procedures governing appeals, judicial review, retrials, newly discovered evidence, appellate chambers, legal representation, suspension of sentences, remedies, and finality of judgments.
Enforcement of Judgments and Sentences
Final judgments and sentences of the Court shall be binding upon the parties and shall be enforced in accordance with this Treaty.
States Parties shall cooperate with the Court in the enforcement of lawful judgments and sentences.
Enforcement may be carried out directly by a State Party within its territory without requiring the convicted person to be physically transferred to the Court.
A State Party may arrest and detain a person subject to a lawful Court warrant and may retain custody of that person throughout investigation, trial, sentencing, appeal, and enforcement where authorised under this Treaty.
The Court may conduct proceedings by secure video link while the accused or convicted person remains in State custody.
A State Party may enforce a sentence imposed by the Court through: a. imprisonment; b. fines; c. restitution or compensation; d. confiscation or forfeiture of criminal proceeds or property; e. recovery or removal of property connected to an offence; f. lawful deportation or removal; g. restrictions imposed by the Court; h. other lawful penalties authorised by the Court; and i. capital punishment where permitted and lawfully authorised under this Treaty and the law of the enforcing State.
Where a State Party is legally unable to enforce a particular penalty, it shall notify the Court and cooperate in identifying an alternative lawful enforcement arrangement.
A State Party may refuse to carry out a particular sentence where its national law prohibits that penalty. Such refusal shall not automatically invalidate the Court's judgment or sentence.
Where a State refuses to enforce a particular sentence, the Court may seek another State Party that is legally able and willing to enforce it.
Where a person is subject to a valid death sentence and enters, or is lawfully transferred to, a State Party whose law permits and authorises enforcement of that sentence, that State may enforce the sentence in accordance with this Treaty and its applicable law.
A State Party shall not release a person solely because another State does not permit the sentence imposed by the Court, where the Court has authorised another lawful basis for continued custody or enforcement.
Nothing in this Article shall require a State Party to violate its own mandatory domestic law. States Parties shall nevertheless make reasonable efforts to give effect to Court judgments through lawful means.
States Parties shall cooperate in locating persons subject to judgments and sentences and may use lawful national law-enforcement powers for that purpose.
The Court may request assistance from Court Enforcement Officers, where established and lawfully available, for: a. arrests; b. detention; c. transportation; d. securing persons; e. seizure or recovery of property; f. confiscation and enforcement of financial orders; g. deportation or removal; h. protection of victims and witnesses; and i. other lawful enforcement functions authorised by the Court.
Court Enforcement Officers operating within a State Party shall act in accordance with this Treaty, the Court's lawful orders, and applicable cooperation arrangements with that State.
States Parties shall take reasonable measures to prevent persons subject to lawful Court judgments from escaping enforcement by moving between jurisdictions.
States Parties may notify other States Parties of persons subject to outstanding arrest warrants, sentences, or enforcement orders through secure international systems.
A State Party may request another State Party to assist in locating, arresting, detaining, transferring, or otherwise enforcing a Court judgment against a person within its jurisdiction.
States Parties shall cooperate concerning the identification, freezing, seizure, confiscation, and recovery of proceeds of crime and property connected to offences within the Court's jurisdiction.
Property recovered through enforcement shall be dealt with according to the judgment of the Court, including orders concerning restitution to victims or other lawful disposition.
The Court may establish arrangements with States Parties concerning prisons, detention centres, police facilities, secure remote-trial facilities, transportation, prisoner transfers, financial enforcement, and other enforcement matters.
A person serving a sentence imposed by the Court shall be treated humanely and shall retain the fundamental rights guaranteed by this Treaty.
Conditions of imprisonment shall be subject to reasonable oversight to ensure that the sentence is enforced lawfully and that prisoners are not subjected to torture, cruel treatment, or other prohibited treatment.
The Court may review complaints concerning the unlawful or improper enforcement of its judgments or sentences.
Where a State Party fails to comply with a binding enforcement obligation without lawful justification, the Court may issue further orders, seek diplomatic or judicial cooperation, or take other measures authorised by this Treaty.
The enforcement of a sentence shall not prevent the Court from exercising jurisdiction over additional offences committed by the convicted person.
No person shall be punished twice for the same final offence merely because enforcement occurs in more than one State.
Where enforcement is transferred between States Parties, the Court shall maintain a record of the sentence, custody, transfer, and remaining period or requirements of enforcement.
The Court may establish procedures for recognising and enforcing its judgments where a person or property is located outside the territory of States Parties, where jurisdiction and applicable international law permit.
Nothing in this Article shall prevent a State Party from providing greater assistance to the Court than the minimum obligations established by this Treaty.
The Rules of the Court shall establish detailed procedures governing enforcement, State custody, imprisonment, fines, confiscation, restitution, property recovery, deportation, capital sentences, prisoner transfers, Court Enforcement Officers, international cooperation, and oversight of enforcement.
Cooperation Between States Parties
States Parties shall cooperate with the Court in good faith in the investigation, prosecution, trial, sentencing, and enforcement of offences and judgments falling within the jurisdiction of the Court.
Cooperation under this Treaty may be provided without physically transferring a person to the Court.
A State Party may arrest and detain a person subject to a lawful Court warrant within its territory and may retain custody of that person throughout the proceedings.
A State Party may provide a secure location for Court proceedings, including a police station, prison, detention facility, government facility, or other authorised location.
States Parties shall, where reasonably practicable, facilitate secure video-link proceedings so that the Court may conduct investigations, hearings, trials, sentencing proceedings, appeals, and other judicial proceedings while a person remains in State custody.
States Parties shall cooperate, where lawfully authorised, in: a. locating persons; b. arresting and detaining persons; c. securing persons for trial; d. facilitating remote Court proceedings; e. collecting and preserving evidence; f. obtaining witness testimony; g. protecting victims and witnesses; h. serving Court documents and orders; i. enforcing imprisonment; j. enforcing fines and financial penalties; k. enforcing restitution and compensation orders; l. freezing, seizing, confiscating, and recovering criminal proceeds and property; m. enforcing lawful deportation or removal orders; n. preventing escape or evasion of Court sentences; and o. carrying out other lawful Court orders.
States Parties shall designate appropriate national authorities or contact points responsible for communicating with the Court and coordinating requests for cooperation.
Cooperation requests may be transmitted through secure electronic systems where appropriate, and States Parties shall seek to avoid unnecessary administrative or physical delays.
A State Party shall respond to a lawful request from the Court within a reasonable period and shall provide reasons where it is unable to comply.
Where a State Party cannot comply with a request because of a mandatory provision of its national law, it shall notify the Court and, where possible, propose an alternative lawful means of achieving the purpose of the request.
States Parties shall not refuse cooperation solely because: a. the person concerned is a national of that State; b. the person holds public office; c. the person is a monarch, president, minister, military commander, political leader, religious leader, or other public figure; d. the person is wealthy or influential; or e. the person does not recognise the authority of the Court.
States Parties shall take reasonable measures to prevent persons subject to lawful Court warrants or sentences from escaping enforcement by moving between jurisdictions.
States Parties may voluntarily provide greater cooperation than is expressly required by this Treaty.
States Parties may enter into bilateral or multilateral arrangements with one another concerning detention, remote proceedings, evidence, witness protection, transportation, prisoner transfers, financial enforcement, and other matters connected with the work of the Court.
Where several States Parties are able to assist with the same matter, the Court may coordinate their cooperation according to the requirements of justice, practicality, safety, and efficiency.
States Parties shall cooperate in protecting Court judges, prosecutors, investigators, defence representatives, witnesses, victims, Court staff, and Court Enforcement Officers where their participation creates a credible security risk.
States Parties shall cooperate in investigating and prosecuting offences against the administration of the Court, including bribery, intimidation, obstruction, evidence tampering, threats, and interference with proceedings.
A State Party may request assistance from the Court where a matter within its national jurisdiction also involves serious international criminal conduct falling within the jurisdiction of the Court.
Cooperation shall be provided consistently with the fundamental rights and protections established by this Treaty.
Nothing in this Article shall require a State Party to surrender a person to the physical custody of the Court where the State Party is able and willing to lawfully arrest, detain, facilitate remote proceedings, and enforce the Court's judgment or sentence within its own jurisdiction.
Physical transfer or surrender may nevertheless be requested where the Court determines that it is necessary for the administration of justice and cannot reasonably be achieved through State custody and remote proceedings.
The Court may establish secure international communication systems for cooperation between States Parties, including systems for warrants, judicial orders, evidence, custody information, and enforcement records.
States Parties shall protect confidential information received from the Court and shall use such information only for lawful purposes connected with the request, unless otherwise authorised.
A State Party shall not knowingly disclose protected information where disclosure would create an unreasonable risk to a victim, witness, investigation, judicial proceeding, or other protected person.
The Court may recognise and record the cooperation provided by States Parties and may publish information concerning cooperation where doing so does not compromise security, privacy, or ongoing proceedings.
The Rules of the Court shall establish detailed procedures concerning cooperation requests, national contact points, electronic communication, arrest and detention, remote proceedings, evidence, witness protection, enforcement, confidentiality, refusal of cooperation, and dispute resolution.
Financial Independence and Funding
The Court shall maintain financial independence from governments, political parties, public authorities, corporations, donors, and other persons or organisations capable of seeking to influence its judicial decisions.
The Court shall not depend upon compulsory financial contributions from States Parties for its ordinary operation.
The Court shall seek to operate at the lowest reasonable cost while maintaining the independence, security, fairness, and effectiveness of its judicial functions.
The Court may operate primarily through secure digital systems and remote working arrangements, reducing the need for permanent buildings, offices, travel, accommodation, and other unnecessary expenditure.
The lawful sources of funding available to the Court may include: a. voluntary contributions from members of the public; b. voluntary contributions from organisations and civil-society bodies; c. lawful charitable or philanthropic contributions; d. membership or participation contributions where established by the Court; e. lawful revenue generated through digital platforms, social-media activity, broadcasting, educational material, publications, licensing, or other Court-related activities; f. grants from independent charitable, educational, humanitarian, or civil-society organisations where acceptance does not compromise judicial independence; g. lawful proceeds recovered or ordered to be paid under Court judgments where this Treaty expressly permits their use; h. voluntary contributions or assistance from States Parties where acceptance does not create an obligation or influence over judicial decisions; and i. any other lawful source approved under the financial rules of the Court.
No person, government, organisation, donor, sponsor, business, political group, or other contributor shall obtain the right to influence: a. judicial decisions; b. prosecutorial decisions; c. investigative decisions; d. appointment or removal of judges or prosecutors; e. arrest warrants; f. sentencing; g. enforcement decisions; or h. any other judicial or prosecutorial function, as a condition of providing financial or other support.
The Court shall not accept funding where there are reasonable grounds to believe that the contribution is intended to bribe, improperly influence, control, manipulate, or compromise the Court.
The Court shall establish transparent procedures for declaring significant contributions and identifying potential conflicts of interest.
The Court may refuse, return, restrict, or place conditions upon a contribution where necessary to protect its independence or public confidence.
No contributor shall acquire ownership, control, voting rights, judicial authority, appointment rights, or other institutional power over the Court merely by providing financial support.
The Court may generate lawful income through public broadcasting and digital media activities, including advertising, subscriptions, sponsorship arrangements, educational content, licensing, and other lawful digital revenue, provided that such activities do not interfere with judicial independence or the integrity of proceedings.
Commercial sponsorship shall not be permitted to influence the content, timing, outcome, publicity, or treatment of an individual case.
Advertising, sponsorship, or other commercial material shall be kept separate from judicial decisions and official Court records.
The Court may establish voluntary public membership or supporter programmes to allow members of the public to contribute to the continued operation of the Court.
Membership, donations, subscriptions, or other financial contributions shall not provide any person with special access to judges, prosecutors, evidence, witnesses, confidential information, or judicial decision-making.
The Court shall maintain financial records sufficient to demonstrate how its funds are received and spent.
The Court shall publish appropriate financial reports so that the public can examine its sources of funding and significant expenditure.
Financial information concerning individual donors may be protected where disclosure would create a genuine risk to personal safety, privacy, or other lawful interests, subject to the transparency requirements established by the Court.
The Court shall seek to minimise unnecessary expenditure on buildings, offices, travel, accommodation, equipment, and administration through remote and shared working arrangements.
Judges, prosecutors, investigators, defence representatives, and other Court personnel may perform their functions remotely where appropriate, subject to the applicable provisions of this Treaty.
The Court may establish voluntary compensation or reimbursement arrangements for judges, prosecutors, investigators, witnesses, victims, experts, and other participants where financially sustainable.
No person shall be required to make a financial contribution to obtain justice, submit a complaint, provide evidence, or participate in proceedings.
The Court shall not refuse to consider a serious matter solely because the person bringing the matter cannot afford a fee.
Court funds shall be used primarily for the administration of justice, including investigations, judicial proceedings, technology, evidence preservation, victim and witness protection, legal assistance, enforcement, security, and essential administration.
The Court may establish an emergency reserve to maintain essential operations during periods of financial difficulty or unexpected loss of income.
The Court shall establish safeguards preventing any single donor, sponsor, organisation, government, or financial contributor from becoming sufficiently influential to threaten the independence of the Court.
The financial rules of the Court shall be publicly available and shall establish procedures concerning donations, sponsorship, digital revenue, financial reporting, conflicts of interest, expenditure, reserves, auditing, and financial independence.
Nothing in this Article shall prevent the Court from receiving voluntary assistance in the form of equipment, technology, professional services, facilities, or other resources where such assistance is lawful, transparent, and does not compromise the independence of the Court.
Court Administration and Remote Operations
The Court shall maintain an administrative structure sufficient to support the independent and effective administration of justice.
The Court shall operate primarily through secure digital and remote systems where reasonably practicable.
The Court shall not be required to maintain a permanent central headquarters or extensive physical infrastructure.
Judges, prosecutors, investigators, defence representatives, administrative personnel, experts, interpreters, and other authorised participants may perform their functions remotely from different countries, subject to the security and procedural requirements of the Court.
The Court may establish regional, national, or temporary offices where necessary for investigations, hearings, evidence collection, victim support, witness protection, enforcement, or other judicial functions.
Any physical offices established by the Court shall be proportionate to its operational needs and available financial resources.
The Court may use secure digital systems for: a. filing applications and complaints; b. issuing and receiving judicial documents; c. communicating with States Parties; d. conducting hearings and trials; e. storing and examining evidence; f. maintaining case files; g. communicating with victims, witnesses, prosecutors, defence representatives, and other participants; h. maintaining warrants and judicial orders; i. managing financial and administrative records; and j. other lawful Court functions.
The Court shall maintain appropriate safeguards for cybersecurity, authentication, access control, confidentiality, evidence integrity, and protection against unauthorised interference.
The Court may establish secure digital identity and authentication systems for judges, prosecutors, investigators, lawyers, witnesses, victims, experts, interpreters, State authorities, and other authorised users.
The Court shall maintain reliable records of proceedings, decisions, evidence, warrants, judgments, sentences, and other official documents.
Digital records shall be protected against unauthorised alteration, destruction, deletion, or interference.
Where technically practicable, important Court records shall be securely backed up in more than one location or jurisdiction to reduce the risk of loss.
The Court may use secure cloud, distributed, encrypted, or other appropriate technology for the storage and protection of Court records.
The Court shall establish procedures for verifying the identity of participants appearing remotely.
The Court may require participants to appear from secure locations where necessary to protect proceedings, evidence, witnesses, or other persons.
The Court may temporarily suspend or relocate remote proceedings where a serious technical, security, or operational problem prevents a fair proceeding.
Technical difficulties shall not be used deliberately to obstruct or delay justice.
The Court may provide reasonable technical assistance to participants who lack the equipment or connectivity necessary to participate effectively in proceedings.
The Court may establish minimum technical standards for video, audio, document transmission, evidence presentation, recording, and secure communication.
The Court may permit authorised personnel to use their own suitable equipment for remote work where the equipment meets the Court's security requirements.
The Court shall seek to minimise unnecessary travel and accommodation costs by using remote participation wherever it can provide an equivalent and fair means of participation.
Administrative personnel may be distributed across different countries and may work on a rotating, part-time, voluntary, or contract basis where appropriate and lawful.
The Court may use volunteers, interns, contracted specialists, and other contributors where appropriate, provided that their duties, confidentiality obligations, qualifications, and accountability are clearly established.
No volunteer, contractor, or external contributor shall exercise judicial or prosecutorial authority unless formally appointed to an office that lawfully carries such authority under this Treaty.
The Court may establish specialist administrative teams for technology, cybersecurity, finance, translation, evidence management, communications, victim support, and other necessary functions.
The Court shall maintain continuity arrangements to ensure that essential judicial functions can continue during serious technical failures, cyberattacks, natural disasters, armed conflict, or other emergencies.
The Court may establish alternative secure communication and hearing systems where its primary systems become unavailable.
The Court shall publish appropriate information concerning its administrative structure, official contact methods, and procedures so that members of the public can communicate with the Court.
The Court shall seek to maintain public accessibility while protecting confidential information and the security of judicial operations.
The Court's administration shall remain subordinate to the independent judicial, prosecutorial, investigative, and enforcement functions established by this Treaty.
Administrative personnel shall not interfere with judicial or prosecutorial decisions.
The Rules of the Court shall establish detailed procedures concerning remote operations, cybersecurity, digital records, technical standards, administrative personnel, continuity arrangements, volunteers, contractors, and physical facilities.
Court Enforcement Officers
The Court may establish and maintain a body of Court Enforcement Officers where financially, operationally, and legally practicable.
Court Enforcement Officers shall assist the Court in carrying out lawful judicial and enforcement orders issued under this Treaty.
The Court Enforcement Officers may, where lawfully authorised: a. locate persons subject to Court warrants; b. arrest persons subject to lawful Court warrants; c. detain or secure persons pending transfer or other lawful proceedings; d. transport or transfer persons in accordance with Court orders; e. assist States Parties with custody and enforcement; f. secure and preserve evidence; g. assist with lawful searches and seizures; h. identify, freeze, seize, recover, or secure property connected with offences; i. enforce confiscation and forfeiture orders; j. assist with lawful deportation or removal orders; k. protect victims, witnesses, judges, prosecutors, investigators, defence representatives, and Court personnel where authorised; l. prevent escape or interference with Court proceedings; and m. perform other lawful enforcement functions authorised by the Court.
Court Enforcement Officers shall operate under the authority of the Court and shall remain independent of political parties, governments, private organisations, donors, and other external interests.
Court Enforcement Officers shall not exercise powers beyond those granted to them by this Treaty, a lawful Court order, or an applicable cooperation agreement.
Court Enforcement Officers operating within a State Party shall respect the jurisdiction and lawful requirements of that State while carrying out the Court's orders.
Court Enforcement Officers may operate jointly with national police, prison services, border authorities, customs authorities, prosecutors, or other competent national authorities.
A State Party may request assistance from Court Enforcement Officers where additional international enforcement capability is necessary or useful.
Court Enforcement Officers may be deployed across more than one State where authorised under this Treaty and where the necessary legal authority and cooperation arrangements exist.
The Court may establish regional or temporary enforcement teams rather than maintaining permanent offices in every country.
Court Enforcement Officers may be appointed from different States and may perform administrative, investigative, coordination, or other functions remotely where physical presence is unnecessary.
Officers shall receive appropriate training concerning: a. this Treaty; b. international law; c. human rights and fundamental protections; d. lawful arrest and detention; e. evidence preservation; f. victim and witness protection; g. use-of-force requirements; h. cross-border cooperation; and i. any other duties relevant to their functions.
Any use of force by Court Enforcement Officers shall be lawful, necessary, proportionate, and subject to the strictest applicable legal requirements.
Court Enforcement Officers shall not use force as punishment or retaliation.
Officers shall respect the dignity and fundamental rights of persons subject to Court orders.
Arrests shall be carried out pursuant to a valid Court warrant or other lawful authority recognised under this Treaty, except where an immediate arrest is otherwise expressly authorised by this Treaty.
A person arrested by a Court Enforcement Officer shall be informed of the reason for arrest and their relevant rights as soon as reasonably practicable.
Court Enforcement Officers may request the assistance of national authorities where national powers are required to complete an arrest, search, seizure, detention, transfer, deportation, or other enforcement action.
Court Enforcement Officers shall not interfere with the independence of judges, prosecutors, defence representatives, or investigators.
Court Enforcement Officers may assist with the enforcement of imprisonment, fines, restitution, compensation, confiscation, forfeiture, property recovery, deportation, removal, and other lawful sentences.
Where a State Party is already capable of carrying out an enforcement action, the Court may allow the State Party to perform that function without deployment of Court Enforcement Officers.
The Court shall therefore not be required to maintain a large permanent enforcement force where cooperation from States Parties can adequately carry out its lawful orders.
The Court may establish a reserve or roster of qualified enforcement personnel who can be called upon when necessary.
The Court may appoint officers on a permanent, temporary, part-time, contractual, or other lawful basis according to operational needs and available resources.
The Court shall establish procedures for complaints, disciplinary action, investigation of misconduct, suspension, dismissal, and accountability of Court Enforcement Officers.
Serious misconduct, unlawful violence, corruption, bribery, abuse of authority, deliberate evidence tampering, unlawful detention, or other serious abuse by an Enforcement Officer may constitute an offence under this Treaty or applicable national law.
The Court shall maintain appropriate records of enforcement operations, including arrests, transfers, searches, seizures, use of force, and other significant actions.
The Court may establish secure systems for coordinating Enforcement Officers with States Parties, prosecutors, investigators, judges, prisons, police, and other competent authorities.
Nothing in this Article prevents States Parties from exercising their own lawful enforcement powers in support of the Court.
The Rules of the Court shall establish detailed procedures governing the appointment, authority, training, deployment, powers, use of force, cooperation, accountability, discipline, and oversight of Court Enforcement Officers.
A person shall not be excluded from appointment or service as a Court Enforcement Officer solely because they are a serving member of a military, reserve military force, police service, emergency service, security service, or other lawful public service.
Court Enforcement Officers may serve on a full-time, part-time, occasional, voluntary, reserve, or other flexible basis according to the needs of the Court and the availability of the officer.
A serving military or reserve military member appointed as a Court Enforcement Officer shall exercise their Court functions independently and under the authority of the Court when acting in that capacity.
A Court Enforcement Officer shall not use their position within a military, reserve military, police, or other organisation to improperly influence or obtain authority for the Court beyond that which has been lawfully granted.
Where an officer's employment or service creates an actual conflict of interest in a particular operation, the Court may require that officer to withdraw from that operation.
Nothing in this Article prevents military, reserve military, police, emergency-service, or other public-service personnel from voluntarily contributing their lawful skills, training, experience, or specialist knowledge to the Court outside their ordinary employment duties.
The Court may establish different categories of Enforcement Officer according to their availability, qualifications, training, specialist skills, and intended level of service.
International Organisations and External Cooperation
The Court may cooperate with international, regional, national, humanitarian, human-rights, civil-society, charitable, academic, professional, and other organisations where such cooperation may assist the administration of justice.
Such organisations may provide information, evidence, expert assistance, witnesses, technical assistance, humanitarian assistance, specialist knowledge, or other lawful support to the Court.
The Court may receive information or evidence from organisations including humanitarian organisations, human-rights organisations, international monitoring bodies, professional associations, research institutions, and other credible organisations.
The Court may establish formal or informal cooperation arrangements with organisations where necessary to facilitate investigations, evidence collection, victim support, witness protection, translation, expert analysis, digital evidence preservation, or other lawful functions.
Cooperation with an organisation shall not give that organisation authority over the Court, its judges, prosecutors, investigators, defence representatives, Enforcement Officers, or other Court personnel.
No organisation shall have the right to determine whether the Court investigates, prosecutes, convicts, acquits, sentences, or otherwise decides a particular case.
The Court may independently assess information received from an organisation and shall determine the evidential value and reliability of that information.
An organisation may voluntarily provide information concerning suspected offences falling within the Court's jurisdiction without requiring a formal referral where permitted under this Treaty.
The Court may initiate or continue an independent investigation after receiving information from an organisation where the Court considers that the information provides a sufficient basis for investigation.
The Court may request information or assistance from an organisation where such assistance may materially assist an investigation or proceeding.
Organisations cooperating with the Court may be required to preserve relevant evidence and information in their possession, subject to their legal obligations and applicable confidentiality requirements.
The Court may establish procedures for receiving protected information from humanitarian organisations where disclosure could endanger victims, witnesses, aid workers, investigators, or other persons.
The Court shall take reasonable measures to protect confidential sources and whistleblowers who provide information concerning serious criminal conduct.
The Court may permit qualified organisations to participate in proceedings as observers, amici curiae, experts, or other authorised participants where their participation would assist the Court.
Participation by an organisation shall not create a right to intervene in judicial decision-making.
The Court may cooperate with international organisations concerning the location, identification, protection, detention, transfer, or other lawful treatment of persons subject to Court orders where such cooperation is lawful.
The Court may cooperate with organisations concerning the recovery, preservation, identification, or analysis of evidence located in different countries.
The Court may cooperate with organisations specialising in: a. genocide and mass atrocities; b. war crimes; c. crimes against humanity; d. human trafficking and sexual exploitation; e. crimes against children; f. financial crime and corruption; g. cybercrime and digital evidence; h. environmental crime; i. forensic investigation; j. victim and witness protection; k. missing persons and identification; l. humanitarian assistance; and m. other areas relevant to the jurisdiction of the Court.
The Court may cooperate with international law-enforcement and judicial networks where such cooperation assists lawful investigations, arrests, detention, evidence collection, or enforcement.
Cooperation shall not require the Court to adopt the political position, policies, conclusions, or institutional interests of the organisation providing assistance.
The Court shall remain independent from all external organisations and shall make its own judicial, prosecutorial, investigative, and enforcement decisions.
The Court may refuse cooperation or information where it considers that accepting it would compromise judicial independence, create a conflict of interest, threaten the fairness of proceedings, or create an unacceptable security risk.
No organisation shall receive preferential treatment in Court proceedings solely because it has provided funding, evidence, information, personnel, technical assistance, or other support.
Any financial or material support provided by an organisation shall remain subject to Article 37 concerning financial independence.
The Court may publicly acknowledge organisations that provide lawful assistance where doing so does not compromise investigations, victims, witnesses, confidentiality, or judicial independence.
The Court may establish a public register of approved cooperation agreements and participating organisations, subject to appropriate security and confidentiality protections.
Nothing in this Article prevents individuals, organisations, or members of the public from providing information concerning suspected offences directly to the Court.
The Court may consider information from multiple independent sources and may initiate its own investigation where the combined information provides a reasonable basis for doing so.
The Rules of the Court shall establish detailed procedures concerning cooperation agreements, information received from organisations, evidence, confidentiality, expert participation, observers, humanitarian organisations, human-rights organisations, law-enforcement cooperation, conflicts of interest, and external assistance.
Relationship with National Courts
The Court shall operate alongside national courts and shall not ordinarily prevent a competent national court from exercising jurisdiction over an offence.
The Court may exercise jurisdiction where an offence falls within this Treaty and: a. the offence is of such seriousness or international significance that intervention by the Court is justified; b. national authorities are unwilling or genuinely unable to investigate or prosecute the matter; c. national proceedings are being used to shield a person from genuine accountability; d. national proceedings are manifestly inadequate to secure justice; e. the offence involves conduct affecting multiple States; f. the offence involves serious international criminal conduct; or g. another basis for the Court's jurisdiction exists under this Treaty.
The Court may investigate or prosecute a matter independently of national proceedings where the Court has lawful jurisdiction.
National proceedings shall not prevent the Court from acting where the Court determines that the national proceedings are not genuine, independent, or sufficient to address the alleged conduct.
Where both a national court and the Court are considering substantially the same matter, the Court and the national authorities may communicate and cooperate to avoid unnecessary duplication.
The Court may request national authorities to preserve evidence, protect witnesses, secure persons, or take other urgent measures while the Court considers whether to exercise jurisdiction.
A State Party may refer a matter to the Court, but a referral shall not be required where the Court is otherwise authorised to act under this Treaty.
The Court may take jurisdiction over conduct discovered during another lawful investigation where the newly identified conduct falls within the Court's jurisdiction.
No person shall be exempt from the Court's jurisdiction solely because they have already held, or currently hold, a position within a national government, military, police force, judiciary, monarchy, public authority, international organisation, corporation, or other institution.
Where a person has been finally convicted or acquitted by a competent national court, the Court shall consider the principle against double prosecution, subject to the exceptions established by this Treaty where the national proceedings were fraudulent, corrupt, intended to shield the person from accountability, or otherwise fundamentally defective.
The Court may recognise national investigative material, evidence, judgments, warrants, and other lawful records where appropriate.
The Court may request assistance from national courts concerning evidence, witnesses, expert testimony, legal records, and other judicial matters.
Nothing in this Article prevents a State Party from exercising wider jurisdiction under its own national law.
The Rules of the Court shall establish procedures for determining priority, cooperation, concurrent jurisdiction, national proceedings, referrals, and related matters.
Jurisdiction and Territorial Scope
The Court shall have jurisdiction over offences expressly falling within this Treaty.
The Court may exercise jurisdiction where: a. the offence was committed wholly or partly within the territory of a State Party; b. the accused is a national or lawful resident of a State Party; c. a victim is a national of a State Party where the requirements of this Treaty are satisfied; d. the conduct substantially affects a State Party or its population; e. the accused is located within a State Party and the offence falls within the Court's jurisdiction; f. the conduct occurred on a vessel, aircraft, or other location subject to the jurisdiction of a State Party; or g. another lawful basis for jurisdiction exists under this Treaty.
The Court may exercise jurisdiction over conduct occurring outside the territory of States Parties where the conduct falls within the jurisdiction of the Court and a lawful jurisdictional connection exists.
The Court may investigate conduct occurring across multiple countries where the alleged offences form part of the same criminal conduct, plan, organisation, or course of events.
The Court may investigate serious international crimes regardless of whether the conduct was committed during peace or armed conflict.
The Court may exercise jurisdiction over individuals, organisations, corporations, groups, and other entities where this Treaty provides for such responsibility.
The Court may exercise jurisdiction over persons who attempt to evade its jurisdiction by moving between States or by transferring assets, evidence, or proceeds of crime between jurisdictions.
Jurisdiction shall not be defeated solely because the person accused has changed nationality, residence, political status, employment, military status, or place of residence after the alleged offence.
No official position shall provide immunity from the Court's jurisdiction where the requirements of this Treaty are satisfied.
The Court may investigate connected conduct necessary to establish responsibility for an offence within its jurisdiction.
The Court shall determine questions concerning its own jurisdiction in accordance with this Treaty.
Jurisdictional disputes between the Court and national authorities shall be determined according to this Treaty and the applicable procedures established by the Court.
Nothing in this Article prevents States Parties from exercising jurisdiction over conduct under their own national laws.
Amendments to the Treaty
Any State Party, authorised Court body, or other body designated by the Treaty may propose an amendment to this Treaty.
Proposed amendments shall be submitted in writing and circulated to the States Parties and, where appropriate, made publicly available.
Amendments shall be considered through a transparent process established by the Rules of the Court or the governing body designated by this Treaty.
An amendment shall not alter the independence of the Court or remove fundamental rights established by this Treaty except through the formal amendment process.
Amendments affecting the jurisdiction, powers, independence, fundamental rights, sentencing authority, or enforcement powers of the Court shall require enhanced approval as established by the Treaty.
Amendments shall enter into force according to the procedures established for their adoption and ratification.
A State Party that does not accept an amendment may remain bound by the provisions it previously accepted where the Treaty permits separate acceptance.
Amendments shall not retrospectively create criminal liability for conduct that was not an offence under the applicable law at the time it occurred.
An amendment may provide transitional arrangements where necessary to protect existing proceedings, rights, obligations, or institutional arrangements.
The Court shall maintain a publicly accessible record of amendments and their dates of entry into force.
No amendment shall be used to interfere with an individual judicial decision or to alter the outcome of a pending case for political or improper purposes.
Withdrawal and Termination
A State Party may withdraw from this Treaty by providing written notification in accordance with the procedures established by the Treaty.
Withdrawal shall not release a State Party from obligations arising from conduct, proceedings, judgments, sentences, financial obligations, or other matters occurring before the effective date of withdrawal.
Withdrawal shall not terminate the Court's jurisdiction over offences committed while the State was a Party where the Court otherwise has jurisdiction under this Treaty.
Withdrawal shall not automatically invalidate an arrest warrant, judgment, sentence, confiscation order, restitution order, or other lawful Court decision concerning conduct within the Court's jurisdiction.
A State Party withdrawing from the Treaty shall continue to cooperate with the Court concerning proceedings or enforcement obligations that arose before withdrawal, subject to applicable law.
A State Party shall not use withdrawal to prevent investigation or prosecution of serious offences already within the Court's jurisdiction.
The Court may continue proceedings concerning a person or conduct falling within its jurisdiction notwithstanding the subsequent withdrawal of a State Party.
Withdrawal shall not prevent other States Parties from continuing to cooperate with the Court concerning matters connected to the withdrawing State.
The Treaty shall continue in force among the remaining States Parties unless terminated in accordance with this Article.
The Treaty shall not be terminated merely because one or more States withdraw.
Any proposal to terminate the Treaty as a whole shall require the approval of the States Parties according to procedures established by the Treaty.
Termination shall not extinguish obligations concerning offences, judgments, sentences, victims, witnesses, evidence, property, or other matters arising before termination.
Dispute Resolution
Any dispute concerning the interpretation or application of this Treaty shall, where possible, first be addressed through good-faith consultation between the parties concerned.
Where consultation does not resolve the dispute, the parties may seek mediation, conciliation, arbitration, or another peaceful method agreed between them.
Where a dispute concerns the interpretation or application of the Court's judicial powers, the Court may determine the matter within the limits of its jurisdiction under this Treaty.
A dispute between a State Party and the Court shall not permit the State Party to disregard a final lawful judgment or order of the Court merely because the State disagrees with it.
Nothing in this Article prevents the Court from continuing an investigation, trial, appeal, enforcement action, or other lawful proceeding while a dispute concerning cooperation or interpretation is being resolved.
The parties shall seek to resolve disputes without threats, retaliation, violence, coercion, or interference with judicial independence.
The Court may establish procedures for urgent resolution of disputes where delay could endanger victims, witnesses, evidence, persons in custody, or the administration of justice.
Dispute-resolution proceedings may be conducted remotely by secure video link where appropriate.
Records of final dispute-resolution decisions shall be maintained and, where appropriate, made publicly available subject to lawful confidentiality and security protections.
The Rules of the Court shall establish detailed procedures concerning consultation, mediation, arbitration, jurisdictional disputes, urgent disputes, cooperation disputes, and other matters arising under this Article.
Emergency and Exceptional Circumstances
The Court may adopt temporary emergency measures where exceptional circumstances seriously threaten the administration of justice, the safety of persons, the preservation of evidence, or the continued operation of the Court.
Exceptional circumstances may include: a. armed conflict; b. natural disasters; c. widespread civil disorder; d. major cyberattacks; e. serious threats against Court personnel; f. destruction or loss of essential evidence; g. widespread disruption of communications; h. a major public-health emergency; or i. other circumstances that materially prevent the normal operation of the Court.
Emergency measures shall be limited to what is reasonably necessary to address the exceptional circumstances.
Emergency circumstances shall not remove or permanently suspend the fundamental rights guaranteed by this Treaty.
The Court may temporarily conduct proceedings through alternative secure communication systems where its ordinary systems are unavailable.
The Court may permit hearings, trials, appeals, investigations, and other proceedings to continue remotely where physical attendance would be unsafe or impracticable.
The Court may temporarily relocate judicial or administrative functions to another secure jurisdiction where necessary.
A State Party may provide temporary facilities, detention arrangements, communications infrastructure, technical assistance, or other lawful support during an emergency.
Emergency arrangements shall not give a State Party, organisation, donor, military authority, or other external body control over the Court.
Emergency measures affecting a person's liberty shall remain subject to judicial oversight.
Where an emergency prevents a fair proceeding from continuing, the Court may postpone or suspend the affected proceeding until fairness can reasonably be restored.
Any period of emergency suspension shall be kept as short as reasonably practicable.
The Court shall maintain records of emergency measures and shall publish appropriate information concerning them when doing so does not create a security or other serious risk.
The Court may establish emergency succession arrangements for judges, prosecutors, investigators, administrators, and other essential personnel.
Nothing in this Article shall authorise the Court to create criminal liability retrospectively or to impose punishment outside the authority granted by this Treaty.
The Rules of the Court shall establish detailed emergency procedures, including continuity of operations, remote proceedings, emergency custody, cybersecurity incidents, relocation, succession, and restoration of normal operations.
Entry into Force
This Treaty shall enter into force in accordance with the ratification, acceptance, approval, or accession procedures established by the founding States Parties.
A State or other qualifying entity may become a Party to this Treaty by completing the applicable procedure for ratification, acceptance, approval, or accession.
Each State Party shall notify the designated Depositary when its domestic requirements for becoming a Party have been completed.
The Depositary shall notify existing and prospective States Parties of instruments deposited under this Treaty.
The Treaty shall become legally binding upon a State Party from the date specified by the applicable entry-into-force provisions.
A State may sign this Treaty subject to subsequent ratification, acceptance, or approval where its constitutional or legal system requires such a procedure.
A State that has signed but not yet ratified the Treaty shall refrain from acts that would defeat the object and purpose of the Treaty, to the extent required by applicable international law.
A State joining the Treaty after its initial entry into force shall become bound according to the same fundamental obligations, subject to any lawful transitional arrangements expressly established by the Treaty.
The Court may establish procedures allowing new States Parties to integrate their national authorities, courts, police, prison services, enforcement bodies, and other relevant institutions into the cooperation framework.
Nothing in this Article prevents the Court from beginning preparatory, administrative, educational, investigative, or organisational activities before the formal entry into force of the Treaty where lawfully permitted.
The Rules of the Court shall establish procedures for admission of new States Parties, designation of national contact points, implementation arrangements, and commencement of cooperation.
Depositary and Registration
A Depositary designated by the founding States Parties shall maintain the official original of this Treaty and records relating to signatures, ratifications, approvals, acceptances, accessions, amendments, withdrawals, and other formal acts.
The Depositary shall communicate relevant formal acts to all States Parties.
The Depositary shall provide certified copies of the Treaty to States and other entities entitled to receive them.
The Depositary shall maintain an official record of the current status of participation in the Treaty.
The Treaty may be registered or deposited with an appropriate international body where such registration is legally available and considered appropriate by the States Parties.
Registration shall not confer judicial, political, or financial authority upon any external organisation over the Court.
The official text of the Treaty shall be securely preserved in physical and digital form.
The Court may maintain publicly accessible copies of the Treaty and its amendments.
The Depositary shall promptly notify the States Parties of: a. signatures; b. ratifications; c. acceptances; d. approvals; e. accessions; f. amendments; g. withdrawals; h. entry into force; and i. other formal acts concerning the Treaty.
The Rules of the Court may establish additional procedures for maintaining the official Treaty record.
Authentic Languages
The Treaty shall be made available in the languages designated by the founding States Parties.
The States Parties may designate one or more official authentic versions of the Treaty for purposes of interpretation.
Where multiple language versions are declared equally authentic, each shall have equal legal status.
Where a difference between authentic language versions arises, the Treaty shall be interpreted according to its ordinary meaning, context, purpose, and the principles of international law applicable to treaty interpretation.
The Court may provide translations of the Treaty, Court decisions, judgments, orders, evidence, and other official materials into additional languages where reasonably practicable.
A person appearing before the Court shall be provided with interpretation or translation reasonably necessary to understand and participate effectively in proceedings where required for a fair trial.
The Court may use secure remote interpretation services to reduce costs and enable participation across different countries.
No person shall be disadvantaged in judicial proceedings solely because they do not understand the language being used by the Court.
The Court may establish procedures for verifying the accuracy and integrity of official translations.
The Rules of the Court shall establish detailed provisions concerning official languages, interpretation, translation, certification, language rights, and resolution of discrepancies between language versions.
Final Provisions
This Treaty shall constitute the founding legal instrument of the Court and shall be interpreted in a manner consistent with its purposes, principles, jurisdiction, independence, and fundamental rights.
Nothing in this Treaty shall be interpreted as granting any person, State, organisation, government, military force, political party, corporation, donor, or other external body authority to control the independent judicial functions of the Court.
The Court shall remain independent in its judicial, prosecutorial, investigative, administrative, and enforcement functions.
The provisions of this Treaty concerning fundamental rights, fair proceedings, judicial independence, and protection against corruption shall apply throughout the operation of the Court.
Where a provision of this Treaty conflicts with a mandatory rule of applicable international law, the Court shall interpret and apply the provision consistently with that rule to the greatest extent legally possible.
Nothing in this Treaty shall prevent States Parties from providing greater cooperation, stronger protections for victims, stronger safeguards for defendants, or more extensive assistance to the Court than the minimum requirements established by this Treaty.
The Court may adopt Rules of the Court, regulations, standards, codes of conduct, administrative procedures, and other instruments necessary to give practical effect to this Treaty.
Such instruments shall remain subordinate to this Treaty and shall not contradict its fundamental provisions.
The official records of the Court shall be preserved securely and, subject to lawful restrictions, made accessible to the public.
The Court shall periodically review its administrative, technological, financial, judicial, and enforcement arrangements to ensure that they remain effective, independent, secure, and proportionate to its resources.
The Court shall seek to maintain a low-cost and decentralised operating structure where this can be achieved without compromising justice, security, fairness, or independence.
The Court may continue to operate through remote and distributed personnel, including judges, prosecutors, investigators, defence representatives, Enforcement Officers, administrative personnel, experts, interpreters, and other authorised participants located in different countries.
Nothing in this Treaty requires the Court to maintain a permanent headquarters where its functions can be lawfully and effectively performed through secure distributed and remote arrangements.
The Court shall maintain appropriate mechanisms for public accountability, transparency, financial oversight, judicial independence, and protection against corruption.
The Treaty shall remain open to further development through lawful amendments adopted according to Article 43.
The official version of this Treaty, together with any duly adopted amendments, shall constitute the definitive legal framework governing the Court.
This Treaty shall enter into force in accordance with Article 47.
The Articles of this Treaty shall be read together as a single legal instrument, and no Article shall be interpreted in isolation where doing so would defeat the purpose or operation of another provision.
The Court shall preserve the principles of justice, accountability, independence, transparency, fairness, mercy where appropriate, and protection of victims throughout its operation.
The final interpretation of this Treaty shall be determined through the lawful judicial and interpretative mechanisms established by the Treaty itself.
Competency, Qualifications and Alternative Routes to Service
The Court shall not require a university degree as the sole means of demonstrating competence for judicial, prosecutorial, investigative, enforcement, administrative, research, or other roles where the relevant knowledge and skills can be demonstrated through an alternative competency process.
Where a position requires substantial knowledge of law, the applicant shall demonstrate that knowledge through a transparent and objectively assessed competency process established by the Court.
The competency process may include: a. written examinations; b. oral examinations or interviews; c. analysis of legal problems and hypothetical cases; d. interpretation of Treaty provisions; e. application of relevant law to evidence and factual circumstances; f. preparation of legal submissions or decisions; g. ethical and professional judgement assessments; h. practical exercises relevant to the proposed role; and i. other objectively relevant assessments established by the Court.
The Court shall publish the competencies, knowledge areas, standards, assessment methods, and minimum requirements applicable to each role.
Assessments shall be designed to determine whether an applicant genuinely possesses the knowledge and practical ability required for the role rather than merely whether the applicant possesses a particular educational qualification.
Previous professional experience, legal training, military or police service, judicial experience, investigative experience, academic study, professional qualifications, relevant specialist knowledge, or demonstrated practical competence may be taken into account.
An applicant shall not receive an appointment solely because of wealth, political influence, personal connections, social status, family status, public position, or possession of a particular academic title.
Where a degree or professional licence is legally required for a particular function under applicable national law, the Court shall respect that requirement where it applies to the exercise of that function within the relevant jurisdiction.
The Court may establish different competency levels according to the responsibilities of each position.
Persons seeking judicial or prosecutorial authority shall be required to demonstrate a substantially higher level of legal knowledge, reasoning, independence, ethics, and practical competence than persons seeking administrative or supporting roles.
A person who does not initially meet the required competency standard may be permitted to undertake further training and retake the assessment according to procedures established by the Court.
Assessment procedures shall be designed to prevent favouritism, bribery, discrimination, political interference, or other improper influence.
Where reasonably practicable, examinations and assessments shall be independently marked or reviewed by more than one appropriately qualified assessor.
The Court shall maintain records sufficient to demonstrate that appointments were made according to the published competency requirements.
Candidates shall be informed of the assessment criteria applicable to them before undertaking an examination or competency assessment.
A candidate who believes that an assessment was affected by serious procedural error, bias, corruption, discrimination, or improper conduct may request review in accordance with the Rules of the Court.
The Court may publish anonymised competency standards, sample examinations, assessment guidance, and training materials so that members of the public can understand how competence is established.
The competency process shall not be designed to favour applicants who have attended a particular university, belong to a particular professional organisation, or possess a particular social or economic background.
Nothing in this Article prevents the Court from recognising accredited legal education, professional qualifications, university degrees, or other established qualifications as evidence of competence.
The purpose of alternative competency assessment shall be to ensure that persons exercising authority for the Court are genuinely capable of performing their duties while allowing capable persons without conventional academic backgrounds a fair opportunity to demonstrate their ability.
The Rules of the Court shall establish detailed competency standards, examination procedures, assessor requirements, retesting, appeals, conflicts of interest, publication requirements, and appointment procedures.
National and Territorial Participation, Constitutional Change, State Succession and Territorial Mediation
The Court shall recognise that sovereign States, nations, constituent countries, territories, autonomous communities, and other qualifying political communities may possess distinct constitutional, democratic, legal, national, or territorial identities and may, where the requirements of this Treaty are satisfied, establish a separate relationship with the Court.
Participation in the Court shall not be restricted exclusively to sovereign States where this Treaty expressly permits a nation, constituent country, territory, autonomous community, or other qualifying political community to participate independently.
A qualifying nation, constituent country, territory, autonomous community, or other political community may apply for separate accession to the Court independently of the State of which it forms part where it can demonstrate a lawful, democratic, constitutional, or otherwise recognised basis of authority for making such an application.
The refusal of a sovereign State to become a Party to the Treaty shall not, by itself, prevent a qualifying nation, constituent country, territory, autonomous community, or other political community from applying for separate participation where the requirements established by the Treaty and Rules of the Court are satisfied.
Where a sovereign State becomes a Party to the Treaty, that accession shall not automatically make every nation, constituent country, territory, autonomous community, or other qualifying political community within that State a separate Party to the Court.
A nation, constituent country, territory, autonomous community, or other qualifying political community which separately accedes to the Court shall possess a distinct membership relationship with the Court and shall not be treated solely as a representative, extension, delegation, or subdivision of another Party.
The accession, withdrawal, suspension, termination, dissolution, separation, merger, succession, or constitutional transformation of one Party shall not automatically terminate, suspend, or alter the separate membership of another Party where that other Party has independently established its relationship with the Court.
Where a Party withdraws from the Court, any separately recognised nation, constituent country, territory, autonomous community, or other political community within or formerly associated with that Party shall not be required to withdraw solely because of that withdrawal.
A nation, constituent country, territory, autonomous community, or other qualifying political community which has separately acceded to the Court shall retain its membership unless it independently withdraws, its membership is lawfully suspended or terminated under this Treaty, or another provision of this Treaty provides otherwise.
Where a State undergoes dissolution, separation, merger, succession, constitutional reorganisation, independence, devolution, federation, confederation, or another substantial constitutional transformation, the Court may determine the continuity of existing memberships and obligations in accordance with this Treaty and applicable international law.
The Court shall not presume that the dissolution, separation, merger, or constitutional transformation of one Party automatically creates, terminates, or transfers the membership of another Party.
Where a State, nation, constituent country, territory, autonomous community, or other qualifying political community requests assistance concerning constitutional change, State dissolution, succession, independence, territorial status, territorial claims, border disputes, or related matters, the Court may provide mediation, legal assistance, good offices, investigation of agreed facts, expert assistance, or other peaceful dispute-resolution services authorised by this Treaty.
The Court may establish independent mediation panels, constitutional commissions, boundary commissions, expert bodies, or other appropriate mechanisms for the peaceful resolution of disputes concerning constitutional or territorial change.
A mediation or assistance process established under this Article shall seek to facilitate a lawful and peaceful settlement between the affected parties and shall not, unless expressly authorised by this Treaty and accepted under the applicable jurisdictional requirements, determine the constitutional status, sovereignty, independence, or territorial ownership of a participating community.
The Court may assist affected parties in negotiating arrangements concerning borders, territory, public assets, public liabilities, governmental institutions, records, natural resources, citizenship, nationality, public services, international obligations, transitional administration, minority protections, and other matters arising from constitutional change or State succession.
Where a territorial or border dispute is submitted to the Court, the Court may assist the parties through mediation, negotiation, independent fact-finding, legal analysis, mapping, historical evidence, expert assessment, or other appropriate peaceful means.
Where the parties expressly consent to a binding determination by the Court, the Court may determine a territorial or constitutional dispute in accordance with the applicable provisions of this Treaty and applicable international law.
Where the parties have not consented to a binding determination, the Court shall not convert a mediation, recommendation, or advisory process into a binding judgment without an independent legal basis under this Treaty.
The Court may assist parties in establishing lawful and democratic procedures for determining the wishes of an affected population where such determination is relevant to a constitutional or territorial dispute.
Procedures established under paragraph 19 may include referendums, elections, representative assemblies, constitutional conventions, public consultations, or other democratic mechanisms appropriate to the circumstances and consistent with applicable law.
The Court shall not regard its supervision, observation, or assistance in a democratic process as, by itself, constituting recognition of a particular constitutional outcome.
Where constitutional change or State succession creates competing claims concerning citizenship or nationality, the Court may assist the affected parties in establishing lawful transitional arrangements and shall seek to prevent arbitrary deprivation of nationality and the creation of statelessness wherever reasonably possible.
Where constitutional change or State succession creates disputes concerning public assets, liabilities, records, property, institutions, diplomatic premises, natural resources, infrastructure, pensions, or other public obligations, the Court may assist the affected parties in establishing fair and lawful arrangements for their allocation or continuation.
Where a State requests assistance concerning its possible dissolution or constitutional separation, the Court may establish a specialised process to assist the affected parties in determining succession, continuity of obligations, territorial arrangements, institutional arrangements, and other matters necessary for a peaceful transition.
A request for assistance under this Article shall not, by itself, constitute recognition by the Court of the applicant's claim to sovereignty, independence, territorial ownership, or any particular constitutional status.
The Court shall distinguish between accepting an application, providing mediation or assistance, recognising an agreement reached between parties, and issuing a binding determination.
The Court shall not deny access to the mediation and assistance mechanisms established under this Article solely because a dispute concerns a nation, constituent country, territory, autonomous community, or other political community rather than two sovereign States.
No Party shall be prevented from requesting assistance under this Article solely because another affected Party refuses to participate in mediation, provided that the Court does not make a binding determination against the non-participating Party without a lawful basis for jurisdiction.
The Court may provide impartial legal assistance, good offices, preventive mediation, or other non-binding assistance where appropriate to reduce the risk of violence, unlawful territorial change, forced displacement, or other serious harm.
The Court shall seek to ensure that constitutional or territorial disputes are resolved through peaceful means and shall not treat the use or threat of unlawful force as a lawful substitute for negotiation, mediation, or adjudication.
No territorial settlement reached through proceedings under this Article shall authorise the unlawful forcible transfer of civilian populations or otherwise remove protections provided by applicable international law.
Where a State, nation, constituent country, territory, autonomous community, or other qualifying political community has reached a peaceful agreement concerning constitutional or territorial change, the parties may deposit that agreement with the Court for registration, verification, monitoring, implementation assistance, or future dispute resolution.
A registered agreement may include provisions concerning constitutional arrangements, territorial boundaries, citizenship, nationality, public assets and liabilities, international obligations, transitional administration, minority protections, security arrangements, implementation periods, monitoring, and procedures for resolving future disputes.
The Court may establish a permanent mechanism for recording and preserving agreements, settlements, boundary arrangements, succession arrangements, and other instruments concluded or deposited under this Article.
Where the constitutional status of a Party subsequently changes, the Court may amend the description of that Party in its records without requiring automatic re-accession where the legal continuity of the Party is established.
Where a State separates into two or more successor States, or where a nation, constituent country, territory, autonomous community, or other political community becomes constitutionally separate from a State, the Court shall determine questions of membership, succession, and continuity separately for each affected Party in accordance with this Treaty and applicable international law.
Where more than one political community claims continuity of a former Party's membership, the Court may consider the constitutional arrangements, lawful acts, democratic consent, agreements between the affected parties, continuity of legal obligations, and other relevant circumstances.
Nothing in this Article shall require a nation, constituent country, territory, autonomous community, or other qualifying political community to become a Party merely because the State with which it is constitutionally associated becomes a Party.
Nothing in this Article shall prevent a sovereign State and one or more separately recognised nations, constituent countries, territories, or autonomous communities within that State from simultaneously maintaining separate relationships with the Court.
The rights and obligations of each Party under this Article shall be determined independently and shall not automatically be transferred to, imposed upon, or removed from another Party solely because of a constitutional, territorial, historical, or political association between them.
The Court shall apply the provisions of this Article equally to all States, nations, constituent countries, territories, autonomous communities, and other qualifying political communities and shall not create a special rule solely for the circumstances of any particular State or region.
The application of this Article shall remain consistent with the purposes and principles of the United Nations Charter, applicable international treaties, customary international law, and other applicable rules of international law.
The Rules of the Court shall establish the procedures for National or Territorial Accession, verification of authority, constitutional-change applications, State succession, territorial mediation, boundary assistance, registration of settlements, continuity of membership, and independent withdrawal under this Article.
The fundamental principle of this Article shall be that the membership and legal relationship of each separately recognised Party with the Court shall stand independently, so that the decision of one Party to enter, remain within, withdraw from, or otherwise alter its relationship with the Court shall not automatically determine the relationship of another Party.
Final Declaration
This Court exists to uphold justice, peace, truth, human dignity, accountability, and respect among all peoples.
The Court recognises that no State, government, institution, organisation, official, ruler, or individual is above the law where the Court has lawful jurisdiction.
The Court shall seek to protect victims, uphold the rights of all persons appearing before it, and ensure that justice is administered independently, transparently, impartially, and without discrimination.
The Court shall serve the people and the international community by providing a forum in which serious violations of law may be investigated, heard, judged, and, where appropriate, sentenced in accordance with this Treaty and applicable international law.
The Court shall strive to ensure that justice is accessible to all people regardless of nationality, wealth, status, religion, political opinion, or position of authority.