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.