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.