The Court shall determine the guilt or innocence of an accused person solely on the evidence presented and the applicable provisions of this Treaty and international law.
No person shall be convicted unless the Court is satisfied beyond reasonable doubt that the person committed the offence charged.
A verdict shall state the decision of the Court and shall provide reasons explaining the principal findings of fact and law.
Where the Court finds an accused person not guilty, the person shall be acquitted of the relevant charge and any detention relating solely to that charge shall cease unless another lawful basis for detention exists.
Where the Court finds an accused person guilty, the Court shall impose a sentence proportionate to the seriousness of the offence, the circumstances of the offender, the harm caused, and the interests of justice.
Sentences may include: a. imprisonment; b. fines; c. restitution or compensation to victims; d. confiscation or forfeiture of proceeds of crime; e. seizure or recovery of property connected to an offence; f. deportation or removal where lawfully appropriate; g. restrictions or orders concerning future conduct; h. other lawful penalties established by this Treaty or the Rules of the Court; and i. the death sentence where expressly authorised under this Treaty.
The Court may order that proceeds of crime, property obtained through criminal conduct, or property used to facilitate serious criminal activity be frozen, confiscated, forfeited, or otherwise recovered in accordance with this Treaty.
The Court shall give particular consideration to restitution and compensation for victims where appropriate and where assets or resources are available.
The Court may consider aggravating circumstances, including: a. genocide or conduct intended to destroy a protected group; b. systematic or widespread crimes against humanity; c. serious war crimes; d. deliberate attacks against civilians; e. serious sexual offences against children; f. rape or aggravated sexual violence; g. sex trafficking or exploitation of persons; h. abduction or kidnapping involving serious harm; i. torture; j. murder or intentional killing; k. organised or repeated commission of serious offences; l. abuse of public, military, political, religious, economic, or other authority; m. particularly large-scale or prolonged harm; or n. deliberate obstruction of justice or intimidation of victims and witnesses.
The Court may consider mitigating circumstances, including genuine cooperation with the Court, voluntary surrender, acceptance of responsibility, assistance to victims, substantial assistance in establishing the truth, or other circumstances recognised by the Court.
A person's nationality, religion, ethnicity, sex, political opinion, wealth, public position, military rank, royal status, or social position shall not increase or reduce a sentence except where the person's use or abuse of such position is directly relevant to the offence or its seriousness.
The Court may impose a sentence against a person regardless of whether the person accepts the authority of the Court, provided that the Court has established jurisdiction and the requirements of a fair proceeding have been satisfied.
A person convicted in their absence may be sentenced in accordance with this Treaty where the requirements for proceedings in absence have been satisfied.
A person sentenced in their absence shall retain the rights of appeal and judicial review established under this Treaty.
A sentence imposed by the Court shall remain legally valid unless overturned, reduced, commuted, or otherwise altered through a lawful procedure under this Treaty.
A State Party may enforce a Court sentence within its territory in accordance with Article 19 and Article 31.
A State Party that does not permit a particular sentence under its national law may refuse to enforce that particular penalty within its territory or may apply another lawful enforcement arrangement permitted under this Treaty.
A refusal by a State Party to enforce a particular penalty shall not, by itself, cancel, extinguish, or invalidate the sentence imposed by the Court.
Where a State Party cannot enforce a particular sentence, the Court may seek another State Party that is legally able and willing to enforce that sentence.
Where the Court has imposed a death sentence and the person is located in a State that does not permit capital punishment, that State may refuse to carry out the death sentence or refuse transfer for the purpose of carrying it out. The death sentence shall nevertheless remain a valid sentence of the Court unless lawfully altered or overturned.
Where a person subject to a valid death sentence subsequently enters, or is lawfully transferred to, a State Party whose law permits enforcement of that sentence and which is legally authorised to enforce it, the State may enforce the sentence in accordance with this Treaty and its applicable law.
The Court shall establish through its Rules the offences for which a death sentence may be considered and the procedures governing such sentences.
A death sentence shall only be imposed following the highest level of judicial scrutiny required by the Court and shall be subject to the applicable appeal and review procedures.
The Court shall not impose a death sentence solely because of a person's nationality, religion, political opinion, ethnicity, sex, or other protected characteristic.
Where a sentence involves imprisonment, the Court may specify the term of imprisonment and any conditions or requirements applicable to enforcement.
Where a sentence involves a fine or financial order, the Court may establish the amount and terms of payment having regard to the seriousness of the offence, financial circumstances, and the interests of victims and justice.
The Court may impose concurrent or consecutive sentences where multiple offences are established, subject to proportionality and the Rules of the Court.
The Court may issue additional orders necessary to give effect to a sentence, including orders concerning custody, transfer, property, proceeds of crime, restitution, victim protection, or other lawful enforcement measures.
No person shall be punished more than once by the Court for the same offence following a final acquittal or conviction, except where this Treaty expressly permits a retrial or reopening of proceedings.
The Court shall publish its final verdicts and sentences in accordance with Article 21, subject to lawful protections for victims, witnesses, children, confidential information, and other protected persons.
The Rules of the Court shall establish detailed procedures governing verdicts, sentencing hearings, aggravating and mitigating circumstances, restitution, confiscation, imprisonment, fines, capital sentences, appeals, judicial review, and enforcement.