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.