Every person accused before the Court shall have the right to a fair and effective defence.
Every accused person shall have the right to represent themselves or to be represented by a lawyer or other qualified legal representative permitted by the Rules of the Court.
An accused person shall not be required to travel to a physical Court facility solely for the purpose of obtaining legal representation.
Defence representatives may reside and work in different countries and may perform their functions remotely through secure communication systems.
The Court may establish a remote defence system allowing accused persons to communicate privately and securely with their legal representatives.
Every accused person shall be informed promptly and in sufficient detail of the allegations and charges against them in a language they understand.
The accused shall have adequate time and facilities to prepare their defence.
The defence shall have reasonable access to evidence and material relied upon by the prosecution, subject to lawful protections concerning victims, witnesses, confidential information, national security, and other protected material.
The defence shall have a reasonable opportunity to challenge prosecution evidence and to present evidence, witnesses, expert evidence, and other material in support of the defence.
The accused shall have the right to question or have their legal representative question witnesses presented against them, subject to lawful protective measures for victims and witnesses.
The accused shall have the right to request the Court to compel or assist in obtaining evidence and witnesses where the requirements of justice and applicable law are satisfied.
No accused person shall be required to provide evidence against themselves or to confess guilt.
An accused person shall be presumed innocent until guilt has been established by the Court according to the required standard of proof.
The burden of proving the allegations shall rest upon the prosecution.
An accused person shall have the right to interpretation and translation where necessary to understand proceedings and participate effectively in their defence.
The Court may provide or arrange legal representation for an accused person who cannot reasonably obtain adequate legal representation and where the interests of justice require it.
The Court may maintain a list or network of independent lawyers and legal representatives willing to represent accused persons remotely or in person.
Defence lawyers and legal representatives shall be permitted to communicate privately with their clients, including through secure video, telephone, or electronic communication.
Confidential communications between an accused person and their legal representative shall be protected in accordance with the Rules of the Court.
The Court shall provide reasonable facilities for an accused person appearing by video link to participate effectively, including access to documents, evidence, interpretation, communication with counsel, and the ability to hear and be heard.
The Court may permit an accused person to participate from a secure location, including a police station, prison, Court facility, other authorised facility, or private residence where appropriate safeguards are in place.
The Court shall not deny a person a fair defence merely because the person lacks financial resources, lives in another country, is unable to travel, or cannot immediately obtain private legal representation.
Where an accused person deliberately refuses to participate after being properly notified of the proceedings and provided a reasonable opportunity to attend and defend themselves, the Court may proceed in their absence where authorised under this Treaty and the Rules of the Court.
Proceeding in the absence of an accused person shall not remove the accused person's rights of appeal or judicial review under Article 17.
The Court may appoint independent defence counsel to protect the interests of an accused person who is absent where the Court considers this necessary for a fair proceeding.
The Court shall ensure that the defence has a reasonable opportunity to respond to material evidence before the Court relies upon that evidence to determine guilt.
The prosecution shall disclose material evidence that may reasonably assist the defence, including evidence that may support innocence, reduce responsibility, or undermine the reliability of prosecution evidence.
Deliberate suppression or destruction of material defence evidence by a prosecutor or investigator may constitute misconduct or an offence under this Treaty.
The Court shall establish procedures for protecting defence lawyers and legal representatives from intimidation, threats, retaliation, bribery, or improper interference.
Nothing in this Article shall prevent the Court from establishing reasonable procedures to protect victims, witnesses, confidential information, or the integrity of proceedings, provided that those procedures do not unfairly prejudice the defence.
The Rules of the Court shall establish detailed procedures governing defence representation, legal aid, disclosure, evidence, witness questioning, remote participation, confidentiality, communication with clients, and proceedings involving an accused person who is absent.