The Court shall conduct trials fairly, independently, impartially, and in accordance with this Treaty, applicable international law, and the Rules of the Court.
Trials shall ordinarily be conducted publicly and, where technically practicable, shall be broadcast live to the public in accordance with Article 21.
The Court may conduct trials primarily or entirely by secure video link.
An accused person may participate in a trial remotely while being held in the custody of a State Party, including from a police station, prison, secure government facility, or other authorised location.
Prosecutors, defence representatives, witnesses, experts, interpreters, judges, investigators, victims, and other authorised participants may participate remotely where the Court considers remote participation appropriate.
The Court may permit participants to appear from different countries during the same proceeding where secure communication systems allow effective participation.
The Court shall ensure that all participants can hear and, where appropriate, see one another sufficiently to participate effectively.
The Court shall ensure that an accused person has a reasonable opportunity to communicate privately with their legal representative during proceedings.
The Court shall determine the order and conduct of proceedings, subject to this Treaty and the Rules of the Court.
The prosecution shall present the allegations and evidence supporting the charges.
The defence shall have a reasonable opportunity to respond to the charges, challenge prosecution evidence, present evidence, question witnesses, and make submissions to the Court.
The Court may permit victims and other authorised participants to present evidence, views, or submissions where permitted by this Treaty and the Rules of the Court.
Witnesses shall give evidence under procedures established by the Court and may be required to make a formal declaration concerning the truthfulness of their evidence.
The Court may allow witness evidence to be given remotely where appropriate.
The Court may permit expert witnesses to provide evidence remotely or through written expert reports where this does not unfairly prejudice the parties.
The Court may use interpreters and translators to ensure that participants can understand and participate effectively in proceedings.
The Court shall ensure that evidence relied upon in determining guilt or sentence is disclosed and presented in accordance with the rights of the accused and the Rules of the Court.
The Court may exclude evidence where its admission would seriously undermine the fairness or integrity of the proceedings.
The Court may adjourn proceedings where necessary to protect the fairness of the trial, allow adequate preparation, address technical difficulties, protect participants, or consider newly discovered evidence.
The Court may issue procedural orders concerning evidence, witnesses, disclosure, questioning, time limits, conduct of participants, and other matters necessary for an orderly and fair proceeding.
The Court may combine related charges or accused persons into one proceeding where doing so promotes efficiency and does not unfairly prejudice any party.
The Court may separate charges or accused persons where separate proceedings are necessary to ensure fairness or efficient administration of justice.
An accused person shall not be required to attend physically where the Court determines that remote participation provides an adequate and fair means of participation.
The Court may require physical attendance where it determines that this is necessary for a fair proceeding, the protection of participants, identification of the accused, sentencing, or another substantial judicial reason.
Where physical attendance is required but the accused remains lawfully detained in a State Party, the Court may arrange transportation or other lawful arrangements for physical attendance.
A trial may proceed in the absence of the accused where the requirements established under this Treaty are satisfied, including where the accused has deliberately refused to attend or participate after receiving proper notice and a reasonable opportunity to defend themselves.
Proceedings conducted in the absence of an accused person shall remain subject to the requirements of fairness, evidence, judicial independence, and the rights of the defence.
Where a trial proceeds in the absence of an accused person, the Court may appoint or require independent defence representation where necessary to protect the interests of the accused.
The Court may issue protective measures for victims and witnesses, including restricted disclosure of identifying information, remote testimony, screened testimony, or other appropriate measures.
Any restriction on public access shall comply with Article 21 and shall be limited to what is reasonably necessary.
The Court shall maintain an official record of proceedings, including appropriate transcripts, recordings, evidence records, judicial orders, and judgments.
Public broadcasts may include live video and audio of proceedings, subject to lawful restrictions necessary for safety, privacy, protection of vulnerable persons, confidential evidence, or the integrity of justice.
The Court may permit accredited media organisations and independent journalists to report on public proceedings subject to reasonable rules protecting the integrity and safety of the proceedings.
Members of the public may observe public proceedings through Court facilities, official online platforms, authorised broadcasts, or other means established by the Court.
The Court shall not allow public opinion, media popularity, online campaigns, political pressure, financial contributions, or other external influence to determine the outcome of a case.
Judges shall deliberate independently and shall issue decisions based solely upon the evidence, applicable law, and the requirements of justice.
The Court shall give reasons for its verdicts, significant procedural decisions, and sentences.
The Court may deliver judgments and sentences through secure video link where the accused is being held by a State Party.
A final judgment and sentence issued through a lawful remote proceeding shall have the same legal effect as a judgment issued following physical attendance before the Court.
The Rules of the Court shall establish detailed procedures governing trial preparation, remote hearings, public broadcasting, evidence, witnesses, defence participation, proceedings in absence, judicial deliberation, judgments, sentencing, and the official record of proceedings.