Law-ref.org Rome Statute of the International Criminal Court
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discretion [Global Index]


ARTICLE-8: War crimes     [go to this ARTICLE]
... (vi) Killing or wounding a combatant who, having laid down his arms or having no longer means of defence, has surrendered at discretion; ...


ARTICLE-85: Compensation to an arrested or convicted person     [go to this ARTICLE]
... 3. In exceptional circumstances, where the Court finds conclusive facts showing that there has been a grave and manifest miscarriage of justice, it may in its discretion award compensation, according to the criteria provided in the Rules of Procedure and Evidence, to a person who has been released from detention following a final decision of acquittal or a termination of the proceedings for that reason. ...


ARTICLE-90: Competing requests     [go to this ARTICLE]
... 3. Where a determination under paragraph 2 (a) has not been made, the requested State may, at its discretion, pending the determination of the Court under paragraph 2 (b), proceed to deal with the request for extradition from the requesting State but shall not extradite the person until the Court has determined that the case is inadmissible. The Court's determination shall be made on an expedited basis. ...
... 5. Where a case under paragraph 4 has not been determined to be admissible by the Court, the requested State may, at its discretion, proceed to deal with the request for extradition from the requesting State. ...


ARTICLE-103: Role of States in enforcement of sentences of imprisonment     [go to this ARTICLE]
... 3. In exercising its discretion to make a designation under paragraph 1, the Court shall take into account the following: ...