The Court may adopt temporary emergency measures where exceptional circumstances seriously threaten the administration of justice, the safety of persons, the preservation of evidence, or the continued operation of the Court.
Exceptional circumstances may include: a. armed conflict; b. natural disasters; c. widespread civil disorder; d. major cyberattacks; e. serious threats against Court personnel; f. destruction or loss of essential evidence; g. widespread disruption of communications; h. a major public-health emergency; or i. other circumstances that materially prevent the normal operation of the Court.
Emergency measures shall be limited to what is reasonably necessary to address the exceptional circumstances.
Emergency circumstances shall not remove or permanently suspend the fundamental rights guaranteed by this Treaty.
The Court may temporarily conduct proceedings through alternative secure communication systems where its ordinary systems are unavailable.
The Court may permit hearings, trials, appeals, investigations, and other proceedings to continue remotely where physical attendance would be unsafe or impracticable.
The Court may temporarily relocate judicial or administrative functions to another secure jurisdiction where necessary.
A State Party may provide temporary facilities, detention arrangements, communications infrastructure, technical assistance, or other lawful support during an emergency.
Emergency arrangements shall not give a State Party, organisation, donor, military authority, or other external body control over the Court.
Emergency measures affecting a person's liberty shall remain subject to judicial oversight.
Where an emergency prevents a fair proceeding from continuing, the Court may postpone or suspend the affected proceeding until fairness can reasonably be restored.
Any period of emergency suspension shall be kept as short as reasonably practicable.
The Court shall maintain records of emergency measures and shall publish appropriate information concerning them when doing so does not create a security or other serious risk.
The Court may establish emergency succession arrangements for judges, prosecutors, investigators, administrators, and other essential personnel.
Nothing in this Article shall authorise the Court to create criminal liability retrospectively or to impose punishment outside the authority granted by this Treaty.
The Rules of the Court shall establish detailed emergency procedures, including continuity of operations, remote proceedings, emergency custody, cybersecurity incidents, relocation, succession, and restoration of normal operations.