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.