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.