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Contents

Contents

PREAMBLE
PART-1: ESTABLISHMENT OF THE COURT
ARTICLE-1: The Court
ARTICLE-2: Relationship of the Court with the United Nations
ARTICLE-3: Seat of the Court
ARTICLE-4: Legal status and powers of the Court
PART-2: JURISDICTION, ADMISSIBILITY AND APPLICABLE LAW
ARTICLE-5: Crimes within the jurisdiction of the Court
ARTICLE-6: Genocide
ARTICLE-7: Crimes against humanity
ARTICLE-8: War crimes
ARTICLE-9: Elements of Crimes
ARTICLE-10
ARTICLE-11: Jurisdiction ratione temporis
ARTICLE-12: Preconditions to the exercise of jurisdiction
ARTICLE-13: Exercise of jurisdiction
ARTICLE-14: Referral of a situation by a State Party
ARTICLE-15: Prosecutor
ARTICLE-16: Deferral of investigation or prosecution
ARTICLE-17: Issues of admissibility
ARTICLE-18: Preliminary rulings regarding admissibility
ARTICLE-19: Challenges to the jurisdiction of the Court or the admissibility of a case
ARTICLE-20: Ne bis in idem
ARTICLE-21: Applicable law
PART-3: GENERAL PRINCIPLES OF CRIMINAL LAW
ARTICLE-22: Nullum crimen sine lege
ARTICLE-23: Nulla poena sine lege
ARTICLE-24: Non-retroactivity ratione personae
ARTICLE-25: Individual criminal responsibility
ARTICLE-26: Exclusion of jurisdiction over persons under eighteen
ARTICLE-27: Irrelevance of official capacity
ARTICLE-28: Responsibility of commanders and other superiors
ARTICLE-29: Non-applicability of statute of limitations
ARTICLE-30: Mental element
ARTICLE-31: Grounds for excluding criminal responsibility
ARTICLE-32: Mistake of fact or mistake of law
ARTICLE-33: Superior orders and prescription of law
PART-4: COMPOSITION AND ADMINISTRATION OF THE COURT
ARTICLE-34: Organs of the Court
ARTICLE-35: Service of judges
ARTICLE-36: Qualifications, nomination and election of judges
ARTICLE-37: Judicial vacancies
ARTICLE-38: The Presidency
ARTICLE-39: Chambers
ARTICLE-40: Independence of the judges
ARTICLE-41: Excusing and disqualification of judges
ARTICLE-42: The Office of the Prosecutor
ARTICLE-43: The Registry
ARTICLE-44: Staff
ARTICLE-45: Solemn undertaking
ARTICLE-46: Removal from office
ARTICLE-47: Disciplinary measures
ARTICLE-48: Privileges and immunities
ARTICLE-49: Salaries, allowances and expenses
ARTICLE-50: Official and working languages
ARTICLE-51: Rules of Procedure and Evidence
ARTICLE-52: Regulations of the Court
PART-5: INVESTIGATION AND PROSECUTION
ARTICLE-53: Initiation of an investigation
ARTICLE-54: Duties and powers of the Prosecutor with respect to investigations
ARTICLE-55: Rights of persons during an investigation
ARTICLE-56: Role of the Pre-Trial Chamber in relation to a unique investigative opportunity
ARTICLE-57: Functions and powers of the Pre-Trial Chamber
ARTICLE-58: Issuance by the Pre-Trial Chamber of a warrant of arrest or a summons to appear
ARTICLE-59: Arrest proceedings in the custodial State
ARTICLE-60: Initial proceedings before the Court
ARTICLE-61: Confirmation of the charges before trial
PART-6: THE TRIAL
ARTICLE-62: Place of trial
ARTICLE-63: Trial in the presence of the accused
ARTICLE-64: Functions and powers of the Trial Chamber
ARTICLE-65: Proceedings on an admission of guilt
ARTICLE-66: Presumption of innocence
ARTICLE-67: Rights of the accused
ARTICLE-68: Protection of the victims and witnesses and their participation in the proceedings
ARTICLE-69: Evidence
ARTICLE-70: Offences against the administration of justice
ARTICLE-71: Sanctions for misconduct before the Court
ARTICLE-72: Protection of national security information
ARTICLE-73: Third-party information or documents
ARTICLE-74: Requirements for the decision
ARTICLE-75: Reparations to victims
ARTICLE-76: Sentencing
PART-7: PENALTIES
ARTICLE-77: Applicable penalties
ARTICLE-78: Determination of the sentence
ARTICLE-79: Trust Fund
ARTICLE-80: Non-prejudice to national application of penalties and national laws
PART-8: APPEAL AND REVISION
ARTICLE-81: Appeal against decision of acquittal or conviction or against sentence
ARTICLE-82: Appeal against other decisions
ARTICLE-83: Proceedings on appeal
ARTICLE-84: Revision of conviction or sentence
ARTICLE-85: Compensation to an arrested or convicted person
PART-9: INTERNATIONAL COOPERATION AND JUDICIAL ASSISTANCE
ARTICLE-86: General obligation to cooperate
ARTICLE-87: Requests for cooperation: general provisions
ARTICLE-88: Availability of procedures under national law
ARTICLE-89: Surrender of persons to the Court
ARTICLE-90: Competing requests
ARTICLE-91: Contents of request for arrest and surrender
ARTICLE-92: Provisional arrest
ARTICLE-93: Other forms of cooperation
ARTICLE-94: Postponement of execution of a request in respect of ongoing investigation or prosecution
ARTICLE-95: Postponement of execution of a request in respect of an admissibility challenge
ARTICLE-96: Contents of request for other forms of assistance under article 93
ARTICLE-97: Consultations
ARTICLE-98: Cooperation with respect to waiver of immunity and consent to surrender
ARTICLE-99: Execution of requests under articles 93 and 96
ARTICLE-100: Costs
ARTICLE-101: Rule of speciality
ARTICLE-102: Use of terms
PART-10: ENFORCEMENT
ARTICLE-103: Role of States in enforcement of sentences of imprisonment
ARTICLE-104: Change in designation of State of enforcement
ARTICLE-105: Enforcement of the sentence
ARTICLE-106: Supervision of enforcement of sentences and conditions of imprisonment
ARTICLE-107: Transfer of the person upon completion of sentence
ARTICLE-108: Limitation on the prosecution or punishment of other offences
ARTICLE-109: Enforcement of fines and forfeiture measures
ARTICLE-110: Review by the Court concerning reduction of sentence
ARTICLE-111: Escape
PART-11
ASSEMBLY OF STATES PARTIES
ARTICLE-112: Assembly of States Parties
PART-12: FINANCING
ARTICLE-113: Financial Regulations
ARTICLE-114: Payment of expenses
ARTICLE-115: Funds of the Court and of the Assembly of States Parties
ARTICLE-116: Voluntary contributions
ARTICLE-117: Assessment of contributions
ARTICLE-118: Annual audit
PART-13: FINAL CLAUSES
ARTICLE-119: Settlement of disputes
ARTICLE-120: Reservations
ARTICLE-121: Amendments
ARTICLE-122: Amendments to provisions of an institutional nature
ARTICLE-123: Review of the Statute
ARTICLE-124: Transitional Provision
ARTICLE-125: Signature, ratification, acceptance, approval or accession
ARTICLE-126: Entry into force
ARTICLE-127: Withdrawal
ARTICLE-128: Authentic texts