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Rome Statute of the International Criminal Court 1998, para. undefined
- Paragraph text
- For the purpose of this Statute, "genocide" means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such: (a) Killing members of the group; (b) Causing serious bodily or mental harm to members of the group; (c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; (d) Imposing measures intended to prevent births within the group; (e) Forcibly transferring children of the group to another group.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Social & Cultural Rights
- Violence
- Person(s) affected
- Children
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 2a
- Paragraph text
- 2. For the purpose of this Statute, "war crimes" means: (a) Grave breaches of the Geneva Conventions of 12 August 1949, namely, any of the following acts against persons or property protected under the provisions of the relevant Geneva Convention: (i) Wilful killing; (ii) Torture or inhuman treatment, including biological experiments; (iii) Wilfully causing great suffering, or serious injury to body or health; (iv) Extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly; (v) Compelling a prisoner of war or other protected person to serve in the forces of a hostile Power; (vi) Wilfully depriving a prisoner of war or other protected person of the rights of fair and regular trial; (vii) Unlawful deportation or transfer or unlawful confinement; (viii) Taking of hostages.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 2
- Paragraph text
- 2. The Office shall be headed by the Prosecutor. The Prosecutor shall have full authority over the management and administration of the Office, including the staff, facilities and other resources thereof. The Prosecutor shall be assisted by one or more Deputy Prosecutors, who shall be entitled to carry out any of the acts required of the Prosecutor under this Statute. The Prosecutor and the Deputy Prosecutors shall be of different nationalities. They shall serve on a full-time basis.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 4
- Paragraph text
- 4. The Prosecutor shall be elected by secret ballot by an absolute majority of the members of the Assembly of States Parties. The Deputy Prosecutors shall be elected in the same way from a list of candidates provided by the Prosecutor. The Prosecutor shall nominate three candidates for each position of Deputy Prosecutor to be filled. Unless a shorter term is decided upon at the time of their election, the Prosecutor and the Deputy Prosecutors shall hold office for a term of nine years and shall not be eligible for re-election.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 1
- Paragraph text
- 1. The Prosecutor shall, having evaluated the information made available to him or her, initiate an investigation unless he or she determines that there is no reasonable basis to proceed under this Statute. In deciding whether to initiate an investigation, the Prosecutor shall consider whether: (a) The information available to the Prosecutor provides a reasonable basis to believe that a crime within the jurisdiction of the Court has been or is being committed; (b) The case is or would be admissible under article 17; and (c) Taking into account the gravity of the crime and the interests of victims, there are nonetheless substantial reasons to believe that an investigation would not serve the interests of justice. If the Prosecutor determines that there is no reasonable basis to proceed and his or her determination is based solely on subparagraph (c) above, he or she shall inform the Pre-Trial Chamber.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 1c
- Paragraph text
- 1. Where the accused makes an admission of guilt pursuant to article 64, paragraph 8 (a), the Trial Chamber shall determine whether: (c) The admission of guilt is supported by the facts of the case that are contained in: (i) The charges brought by the Prosecutor and admitted by the accused; (ii) Any materials presented by the Prosecutor which supplement the charges and which the accused accepts; and (iii) Any other evidence, such as the testimony of witnesses, presented by the Prosecutor or the accused.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 2
- Paragraph text
- 2. The onus is on the Prosecutor to prove the guilt of the accused.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 1d
- Paragraph text
- 1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality: (d) Subject to article 63, paragraph 2, to be present at the trial, to conduct the defence in person or through legal assistance of the accused's choosing, to be informed, if the accused does not have legal assistance, of this right and to have legal assistance assigned by the Court in any case where the interests of justice so require, and without payment if the accused lacks sufficient means to pay for it;
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 1e
- Paragraph text
- 1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality: (e) To examine, or have examined, the witnesses against him or her and to obtain the attendance and examination of witnesses on his or her behalf under the same conditions as witnesses against him or her. The accused shall also be entitled to raise defences and to present other evidence admissible under this Statute;
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 3e
- Paragraph text
- 3. (e) If an unscheduled landing occurs on the territory of the transit State, that State may require a request for transit from the Court as provided for in subparagraph (b). The transit State shall detain the person being transported until the request for transit is received and the transit is effected, provided that detention for purposes of this subparagraph may not be extended beyond 96 hours from the unscheduled landing unless the request is received within that time.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 6b
- Paragraph text
- 6. In cases where paragraph 4 applies except that the requested State is under an existing international obligation to extradite the person to the requesting State not Party to this Statute, the requested State shall determine whether to surrender the person to the Court or extradite the person to the requesting State. In making its decision, the requested State shall consider all the relevant factors, including but not limited to: (b) The interests of the requesting State including, where relevant, whether the crime was committed in its territory and the nationality of the victims and of the person sought; and
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 7a (i)
- Paragraph text
- 7. Thereafter, if the Court determines that the evidence is relevant and necessary for the establishment of the guilt or innocence of the accused, the Court may undertake the following actions: (a) Where disclosure of the information or document is sought pursuant to a request for cooperation under Part 9 or the circumstances described in paragraph 2, and the State has invoked the ground for refusal referred to in article 93, paragraph 4: (i) The Court may, before making any conclusion referred to in subparagraph 7 (a) (ii), request further consultations for the purpose of considering the State's representations, which may include, as appropriate, hearings in camera and ex parte ;
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. undefined
- Paragraph text
- The expenses of the Court and the Assembly of States Parties, including its Bureau and subsidiary bodies, as provided for in the budget decided by the Assembly of States Parties, shall be provided by the following sources: (a) Assessed contributions made by States Parties; (b) Funds provided by the United Nations, subject to the approval of the General Assembly, in particular in relation to the expenses incurred due to referrals by the Security Council.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 2
- Paragraph text
- 2. Any other dispute between two or more States Parties relating to the interpretation or application of this Statute which is not settled through negotiations within three months of their commencement shall be referred to the Assembly of States Parties. The Assembly may itself seek to settle the dispute or may make recommendations on further means of settlement of the dispute, including referral to the International Court of Justice in conformity with the Statute of that Court.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. undefined
- Paragraph text
- No reservations may be made to this Statute.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 1
- Paragraph text
- 1. Amendments to provisions of this Statute which are of an exclusively institutional nature, namely, article 35, article 36, paragraphs 8 and 9, article 37, article 38, article 39, paragraphs 1 (first two sentences), 2 and 4, article 42, paragraphs 4 to 9, article 43, paragraphs 2 and 3, and articles 44, 46, 47 and 49, may be proposed at any time, notwithstanding article 121, paragraph 1, by any State Party. The text of any proposed amendment shall be submitted to the Secretary-General of the United Nations or such other person designated by the Assembly of States Parties who shall promptly circulate it to all States Parties and to others participating in the Assembly.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 9a
- Paragraph text
- 9. (a) (i) In the event that a State Party receives competing requests, other than for surrender or extradition, from the Court and from another State pursuant to an international obligation, the State Party shall endeavour, in consultation with the Court and the other State, to meet both requests, if necessary by postponing or attaching conditions to one or the other request. (ii) Failing that, competing requests shall be resolved in accordance with the principles established in article 90.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 1
- Paragraph text
- 1. If the immediate execution of a request would interfere with an ongoing investigation or prosecution of a case different from that to which the request relates, the requested State may postpone the execution of the request for a period of time agreed upon with the Court. However, the postponement shall be no longer than is necessary to complete the relevant investigation or prosecution in the requested State. Before making a decision to postpone, the requested State should consider whether the assistance may be immediately provided subject to certain conditions.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 2g
- Paragraph text
- 2. For the purpose of paragraph 1: (g) "Persecution" means the intentional and severe deprivation of fundamental rights contrary to international law by reason of the identity of the group or collectivity;
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 7a
- Paragraph text
- 7. The Pre-Trial Chamber shall, on the basis of the hearing, determine whether there is sufficient evidence to establish substantial grounds to believe that the person committed each of the crimes charged. Based on its determination, the Pre-Trial Chamber shall: (a) Confirm those charges in relation to which it has determined that there is sufficient evidence, and commit the person to a Trial Chamber for trial on the charges as confirmed;
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 1b
- Paragraph text
- 1. A decision under article 74 may be appealed in accordance with the Rules of Procedure and Evidence as follows: (b) The convicted person, or the Prosecutor on that person's behalf, may make an appeal on any of the following grounds: (i) Procedural error, (ii) Error of fact, (iii) Error of law, or (iv) Any other ground that affects the fairness or reliability of the proceedings or decision.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 3c (i)
- Paragraph text
- 3. (c) In case of an acquittal, the accused shall be released immediately, subject to the following: (i) Under exceptional circumstances, and having regard, inter alia , to the concrete risk of flight, the seriousness of the offence charged and the probability of success on appeal, the Trial Chamber, at the request of the Prosecutor, may maintain the detention of the person pending appeal;
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 1d
- Paragraph text
- 1. Either party may appeal any of the following decisions in accordance with the Rules of Procedure and Evidence: (d) A decision that involves an issue that would significantly affect the fair and expeditious conduct of the proceedings or the outcome of the trial, and for which, in the opinion of the Pre-Trial or Trial Chamber, an immediate resolution by the Appeals Chamber may materially advance the proceedings.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 2
- Paragraph text
- 2. If the accused, being present before the Court, continues to disrupt the trial, the Trial Chamber may remove the accused and shall make provision for him or her to observe the trial and instruct counsel from outside the courtroom, through the use of communications technology, if required. Such measures shall be taken only in exceptional circumstances after other reasonable alternatives have proved inadequate, and only for such duration as is strictly required.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 4b
- Paragraph text
- 4. Where the Trial Chamber is of the opinion that a more complete presentation of the facts of the case is required in the interests of justice, in particular the interests of the victims, the Trial Chamber may: (b) Order that the trial be continued under the ordinary trial procedures provided by this Statute, in which case it shall consider the admission of guilt as not having been made and may remit the case to another Trial Chamber.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 1
- Paragraph text
- 1. Following completion of the sentence, a person who is not a national of the State of enforcement may, in accordance with the law of the State of enforcement, be transferred to a State which is obliged to receive him or her, or to another State which agrees to receive him or her, taking into account any wishes of the person to be transferred to that State, unless the State of enforcement authorizes the person to remain in its territory.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 4b
- Paragraph text
- 4. In its review under paragraph 3, the Court may reduce the sentence if it finds that one or more of the following factors are present: (b) The voluntary assistance of the person in enabling the enforcement of the judgements and orders of the Court in other cases, and in particular providing assistance in locating assets subject to orders of fine, forfeiture or reparation which may be used for the benefit of victims; or
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 3
- Paragraph text
- 3. Within a reasonable time before the hearing, the person shall: (a) Be provided with a copy of the document containing the charges on which the Prosecutor intends to bring the person to trial; and (b) Be informed of the evidence on which the Prosecutor intends to rely at the hearing. The Pre-Trial Chamber may issue orders regarding the disclosure of information for the purposes of the hearing.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 2
- Paragraph text
- 2. This article shall also apply when a person who has been requested to give information or evidence has refused to do so or has referred the matter to the State on the ground that disclosure would prejudice the national security interests of a State and the State concerned confirms that it is of the opinion that disclosure would prejudice its national security interests.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 5
- Paragraph text
- 5. Before denying a request for assistance under paragraph 1 (l), the requested State shall consider whether the assistance can be provided subject to specified conditions, or whether the assistance can be provided at a later date or in an alternative manner, provided that if the Court or the Prosecutor accepts the assistance subject to conditions, the Court or the Prosecutor shall abide by them.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 1a
- Paragraph text
- 1. Having regard to paragraph 10 of the Preamble and article 1, the Court shall determine that a case is inadmissible where: (a) The case is being investigated or prosecuted by a State which has jurisdiction over it, unless the State is unwilling or unable genuinely to carry out the investigation or prosecution;
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 1b
- Paragraph text
- 1. Having regard to paragraph 10 of the Preamble and article 1, the Court shall determine that a case is inadmissible where: (b) The case has been investigated by a State which has jurisdiction over it and the State has decided not to prosecute the person concerned, unless the decision resulted from the unwillingness or inability of the State genuinely to prosecute;
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 2b
- Paragraph text
- 2. Challenges to the admissibility of a case on the grounds referred to in article 17 or challenges to the jurisdiction of the Court may be made by: (b) A State which has jurisdiction over a case, on the ground that it is investigating or prosecuting the case or has investigated or prosecuted; or
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 1b
- Paragraph text
- 1. The Court shall apply: (b) In the second place, where appropriate, applicable treaties and the principles and rules of international law, including the established principles of the international law of armed conflict;
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 3
- Paragraph text
- 3. The application and interpretation of law pursuant to this article must be consistent with internationally recognized human rights, and be without any adverse distinction founded on grounds such as gender as defined in article 7, paragraph 3, age, race, colour, language, religion or belief, political or other opinion, national, ethnic or social origin, wealth, birth or other status.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 2
- Paragraph text
- 2. The definition of a crime shall be strictly construed and shall not be extended by analogy. In case of ambiguity, the definition shall be interpreted in favour of the person being investigated, prosecuted or convicted.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 3a
- Paragraph text
- 3. In accordance with this Statute, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court if that person: (a) Commits such a crime, whether as an individual, jointly with another or through another person, regardless of whether that other person is criminally responsible;
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 1a
- Paragraph text
- 1. The fact that a crime within the jurisdiction of the Court has been committed by a person pursuant to an order of a Government or of a superior, whether military or civilian, shall not relieve that person of criminal responsibility unless: (a) The person was under a legal obligation to obey orders of the Government or the superior in question;
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 1b
- Paragraph text
- 1. The fact that a crime within the jurisdiction of the Court has been committed by a person pursuant to an order of a Government or of a superior, whether military or civilian, shall not relieve that person of criminal responsibility unless: (b) The person did not know that the order was unlawful; and
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 3d
- Paragraph text
- 3. The Prosecutor may: (d) Enter into such arrangements or agreements, not inconsistent with this Statute, as may be necessary to facilitate the cooperation of a State, intergovernmental organization or person;
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 3e
- Paragraph text
- 3. The Prosecutor may: (e) Agree not to disclose, at any stage of the proceedings, documents or information that the Prosecutor obtains on the condition of confidentiality and solely for the purpose of generating new evidence, unless the provider of the information consents; and
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 3f
- Paragraph text
- 3. The Prosecutor may: (f) Take necessary measures, or request that necessary measures be taken, to ensure the confidentiality of information, the protection of any person or the preservation of evidence.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 5
- Paragraph text
- 5. Neither the Prosecutor nor a Deputy Prosecutor shall engage in any activity which is likely to interfere with his or her prosecutorial functions or to affect confidence in his or her independence. They shall not engage in any other occupation of a professional nature.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 10
- Paragraph text
- 10. Notwithstanding paragraph 9, a judge assigned to a Trial or Appeals Chamber in accordance with article 39 shall continue in office to complete any trial or appeal the hearing of which has already commenced before that Chamber.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 2d
- Paragraph text
- 2. The application of the Prosecutor shall contain: (d) A summary of the evidence and any other information which establish reasonable grounds to believe that the person committed those crimes; and
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 2a
- Paragraph text
- 2. A decision as to the removal from office of a judge, the Prosecutor or a Deputy Prosecutor under paragraph 1 shall be made by the Assembly of States Parties, by secret ballot: (a) In the case of a judge, by a two-thirds majority of the States Parties upon a recommendation adopted by a two-thirds majority of the other judges;
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 7
- Paragraph text
- 7. The trial shall be held in public. The Trial Chamber may, however, determine that special circumstances require that certain proceedings be in closed session for the purposes set forth in article 68, or to protect confidential or sensitive information to be given in evidence.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 2
- Paragraph text
- 2. A person subject to a warrant of arrest may apply for interim release pending trial. If the Pre-Trial Chamber is satisfied that the conditions set forth in article 58, paragraph 1, are met, the person shall continue to be detained. If it is not so satisfied, the Pre-Trial Chamber shall release the person, with or without conditions.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 1e
- Paragraph text
- 1. The Court shall have jurisdiction over the following offences against its administration of justice when committed intentionally: (e) Retaliating against an official of the Court on account of duties performed by that or another official;
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 1b
- Paragraph text
- 1. The Court shall have jurisdiction over the following offences against its administration of justice when committed intentionally: (b) Presenting evidence that the party knows is false or forged;
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 1d
- Paragraph text
- 1. The Court shall have jurisdiction over the following offences against its administration of justice when committed intentionally: (d) Impeding, intimidating or corruptly influencing an official of the Court for the purpose of forcing or persuading the official not to perform, or to perform improperly, his or her duties;
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 4b
- Paragraph text
- 4. (b) Upon request by the Court, whenever it deems it proper, the State Party shall submit the case to its competent authorities for the purpose of prosecution. Those authorities shall treat such cases with diligence and devote sufficient resources to enable them to be conducted effectively.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 1
- Paragraph text
- 1. The Court may sanction persons present before it who commit misconduct, including disruption of its proceedings or deliberate refusal to comply with its directions, by administrative measures other than imprisonment, such as temporary or permanent removal from the courtroom, a fine or other similar measures provided for in the Rules of Procedure and Evidence.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 4
- Paragraph text
- 4. If a State learns that information or documents of the State are being, or are likely to be, disclosed at any stage of the proceedings, and it is of the opinion that disclosure would prejudice its national security interests, that State shall have the right to intervene in order to obtain resolution of the issue in accordance with this article.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 1
- Paragraph text
- 1. All the judges of the Trial Chamber shall be present at each stage of the trial and throughout their deliberations. The Presidency may, on a case-by-case basis, designate, as available, one or more alternate judges to be present at each stage of the trial and to replace a member of the Trial Chamber if that member is unable to continue attending.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 2
- Paragraph text
- 2. The Trial Chamber's decision shall be based on its evaluation of the evidence and the entire proceedings. The decision shall not exceed the facts and circumstances described in the charges and any amendments to the charges. The Court may base its decision only on evidence submitted and discussed before it at the trial.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 2c
- Paragraph text
- 2. (c) The same procedure applies when the Court, on an appeal against conviction only, considers that there are grounds to reduce the sentence under para-graph 2 (a).
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 3b
- Paragraph text
- 3. (b) When a convicted person's time in custody exceeds the sentence of imprisonment imposed, that person shall be released, except that if the Prosecutor is also appealing, the release may be subject to the conditions under subparagraph (c) below;
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 3c (ii)
- Paragraph text
- 3. (c) In case of an acquittal, the accused shall be released immediately, subject to the following: (ii) A decision by the Trial Chamber under subparagraph (c) (i) may be appealed in accordance with the Rules of Procedure and Evidence.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 4
- Paragraph text
- 4. Subject to the provisions of paragraph 3 (a) and (b), execution of the decision or sentence shall be suspended during the period allowed for appeal and for the duration of the appeal proceedings.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 4
- Paragraph text
- 4. The fact that the person sought has been released from custody pursuant to paragraph 3 shall not prejudice the subsequent arrest and surrender of that person if the request for surrender and the documents supporting the request are delivered at a later date.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 1a
- Paragraph text
- 1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions: (a) The identification and whereabouts of persons or the location of items;
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 1
- Paragraph text
- 1. Requests for assistance shall be executed in accordance with the relevant procedure under the law of the requested State and, unless prohibited by such law, in the manner specified in the request, including following any procedure outlined therein or permitting persons specified in the request to be present at and assist in the execution process.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 5
- Paragraph text
- 5. Provisions allowing a person heard or examined by the Court under article 72 to invoke restrictions designed to prevent disclosure of confidential information connected with national security shall also apply to the execution of requests for assistance under this article.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 1c
- Paragraph text
- 1. Either party may appeal any of the following decisions in accordance with the Rules of Procedure and Evidence: (c) A decision of the Pre-Trial Chamber to act on its own initiative under article 56, paragraph 3;
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. a
- Paragraph text
- Where a State Party receives a request under this Part in relation to which it identifies problems which may impede or prevent the execution of the request, that State shall consult with the Court without delay in order to resolve the matter. Such problems may include, inter alia: (a) Insufficient information to execute the request;
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 2
- Paragraph text
- 2. At any time thereafter, at the request of a State Party and for the purposes set out in paragraph 1, the Secretary-General of the United Nations shall, upon approval by a majority of States Parties, convene a Review Conference.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 2
- Paragraph text
- 2. No sooner than three months from the date of notification, the Assembly of States Parties, at its next meeting, shall, by a majority of those present and voting, decide whether to take up the proposal. The Assembly may deal with the proposal directly or convene a Review Conference if the issue involved so warrants.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 4
- Paragraph text
- 4. Except as provided in paragraph 5, an amendment shall enter into force for all States Parties one year after instruments of ratification or acceptance have been deposited with the Secretary-General of the United Nations by seven-eighths of them.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 6
- Paragraph text
- 6. If an amendment has been accepted by seven-eighths of States Parties in accordance with paragraph 4, any State Party which has not accepted the amendment may withdraw from this Statute with immediate effect, notwithstanding article 127, paragraph 1, but subject to article 127, paragraph 2, by giving notice no later than one year after the entry into force of such amendment.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 2
- Paragraph text
- 2. Amendments under this article on which consensus cannot be reached shall be adopted by the Assembly of States Parties or by a Review Conference, by a two-thirds majority of States Parties. Such amendments shall enter into force for all States Parties six months after their adoption by the Assembly or, as the case may be, by the Conference.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 1e
- Paragraph text
- 1. The ordinary costs for execution of requests in the territory of the requested State shall be borne by that State, except for the following, which shall be borne by the Court: (e) Costs associated with the transport of a person being surrendered to the Court by a custodial State; and
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 1f
- Paragraph text
- 1. The ordinary costs for execution of requests in the territory of the requested State shall be borne by that State, except for the following, which shall be borne by the Court: (f) Following consultations, any extraordinary costs that may result from the execution of a request.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 1
- Paragraph text
- 1. A person surrendered to the Court under this Statute shall not be proceeded against, punished or detained for any conduct committed prior to surrender, other than the conduct or course of conduct which forms the basis of the crimes for which that person has been surrendered.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 2
- Paragraph text
- 2. Within one month of receipt of that notification, a State may inform the Court that it is investigating or has investigated its nationals or others within its jurisdiction with respect to criminal acts which may constitute crimes referred to in article 5 and which relate to the information provided in the notification to States. At the request of that State, the Prosecutor shall defer to the State's investigation of those persons unless the Pre-Trial Chamber, on the application of the Prosecutor, decides to authorize the investigation.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 2b
- Paragraph text
- 2. Where there are grounds to believe that a person has committed a crime within the jurisdiction of the Court and that person is about to be questioned either by the Prosecutor, or by national authorities pursuant to a request made under Part 9, that person shall also have the following rights of which he or she shall be informed prior to being questioned: (b) To remain silent, without such silence being a consideration in the determination of guilt or innocence;
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 2c
- Paragraph text
- 2. Where there are grounds to believe that a person has committed a crime within the jurisdiction of the Court and that person is about to be questioned either by the Prosecutor, or by national authorities pursuant to a request made under Part 9, that person shall also have the following rights of which he or she shall be informed prior to being questioned: (c) To have legal assistance of the person's choosing, or, if the person does not have legal assistance, to have legal assistance assigned to him or her, in any case where the interests of justice so require, and without payment by the person in any such case if the person does not have sufficient means to pay for it; and
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. b (ii)
- Paragraph text
- In addition to other grounds of criminal responsibility under this Statute for crimes within the jurisdiction of the Court: (b) With respect to superior and subordinate relationships not described in paragraph (a), a superior shall be criminally responsible for crimes within the jurisdiction of the Court committed by subordinates under his or her effective authority and control, as a result of his or her failure to exercise control properly over such subordinates, where: (ii) The crimes concerned activities that were within the effective responsibility and control of the superior; and
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. b (iii)
- Paragraph text
- In addition to other grounds of criminal responsibility under this Statute for crimes within the jurisdiction of the Court: (b) With respect to superior and subordinate relationships not described in paragraph (a), a superior shall be criminally responsible for crimes within the jurisdiction of the Court committed by subordinates under his or her effective authority and control, as a result of his or her failure to exercise control properly over such subordinates, where: (iii) The superior failed to take all necessary and reasonable measures within his or her power to prevent or repress their commission or to submit the matter to the competent authorities for investigation and prosecution.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 4
- Paragraph text
- 4. In reaching a decision on any such application, the competent authority in the custodial State shall consider whether, given the gravity of the alleged crimes, there are urgent and exceptional circumstances to justify interim release and whether necessary safeguards exist to ensure that the custodial State can fulfil its duty to surrender the person to the Court. It shall not be open to the competent authority of the custodial State to consider whether the warrant of arrest was properly issued in accordance with article 58, paragraph 1 (a) and (b).
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 1b
- Paragraph text
- 1. The Prosecutor shall: (b) Take appropriate measures to ensure the effective investigation and prosecution of crimes within the jurisdiction of the Court, and in doing so, respect the interests and personal circumstances of victims and witnesses, including age, gender as defined in article 7, paragraph 3, and health, and take into account the nature of the crime, in particular where it involves sexual violence, gender violence or violence against children; and
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 4a
- Paragraph text
- 4. (a) Nominations of candidates for election to the Court may be made by any State Party to this Statute, and shall be made either: (i) By the procedure for the nomination of candidates for appointment to the highest judicial offices in the State in question; or (ii) By the procedure provided for the nomination of candidates for the International Court of Justice in the Statute of that Court. Nominations shall be accompanied by a statement in the necessary detail specifying how the candidate fulfils the requirements of paragraph 3.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. b
- Paragraph text
- Where a State Party receives a request under this Part in relation to which it identifies problems which may impede or prevent the execution of the request, that State shall consult with the Court without delay in order to resolve the matter. Such problems may include, inter alia: (b) In the case of a request for surrender, the fact that despite best efforts, the person sought cannot be located or that the investigation conducted has determined that the person in the requested State is clearly not the person named in the warrant; or
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 4a
- Paragraph text
- 4. Without prejudice to other articles in this Part, where it is necessary for the successful execution of a request which can be executed without any compulsory measures, including specifically the interview of or taking evidence from a person on a voluntary basis, including doing so without the presence of the authorities of the requested State Party if it is essential for the request to be executed, and the examination without modification of a public site or other public place, the Prosecutor may execute such request directly on the territory of a State as follows: (a) When the State Party requested is a State on the territory of which the crime is alleged to have been committed, and there has been a determination of admissibility pursuant to article 18 or 19, the Prosecutor may directly execute such request following all possible consultations with the requested State Party;
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 4b
- Paragraph text
- 4. Without prejudice to other articles in this Part, where it is necessary for the successful execution of a request which can be executed without any compulsory measures, including specifically the interview of or taking evidence from a person on a voluntary basis, including doing so without the presence of the authorities of the requested State Party if it is essential for the request to be executed, and the examination without modification of a public site or other public place, the Prosecutor may execute such request directly on the territory of a State as follows: (b) In other cases, the Prosecutor may execute such request following consultations with the requested State Party and subject to any reasonable conditions or concerns raised by that State Party. Where the requested State Party identifies problems with the execution of a request pursuant to this subparagraph it shall, without delay, consult with the Court to resolve the matter.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 4
- Paragraph text
- 4. The deliberations of the Trial Chamber shall remain secret.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 6c
- Paragraph text
- 6. In cases where paragraph 4 applies except that the requested State is under an existing international obligation to extradite the person to the requesting State not Party to this Statute, the requested State shall determine whether to surrender the person to the Court or extradite the person to the requesting State. In making its decision, the requested State shall consider all the relevant factors, including but not limited to: (c) The possibility of subsequent surrender between the Court and the requesting State.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 7b
- Paragraph text
- 7. Where a State Party which receives a request from the Court for the surrender of a person also receives a request from any State for the extradition of the same person for conduct other than that which constitutes the crime for which the Court seeks the person's surrender: (b) The requested State shall, if it is under an existing international obligation to extradite the person to the requesting State, determine whether to surrender the person to the Court or to extradite the person to the requesting State. In making its decision, the requested State shall consider all the relevant factors, including but not limited to those set out in paragraph 6, but shall give special consideration to the relative nature and gravity of the conduct in question.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 2i
- Paragraph text
- 2. For the purpose of paragraph 1: (i) "Enforced disappearance of persons" means the arrest, detention or abduction of persons by, or with the authorization, support or acquiescence of, a State or a political organization, followed by a refusal to acknowledge that deprivation of freedom or to give information on the fate or whereabouts of those persons, with the intention of removing them from the protection of the law for a prolonged period of time.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 2a
- Paragraph text
- 2. In the case of article 13, paragraph (a) or (c), the Court may exercise its jurisdiction if one or more of the following States are Parties to this Statute or have accepted the jurisdiction of the Court in accordance with paragraph 3: (a) The State on the territory of which the conduct in question occurred or, if the crime was committed on board a vessel or aircraft, the State of registration of that vessel or aircraft;
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 2a
- Paragraph text
- 2. In order to determine unwillingness in a particular case, the Court shall consider, having regard to the principles of due process recognized by international law, whether one or more of the following exist, as applicable: (a) The proceedings were or are being undertaken or the national decision was made for the purpose of shielding the person concerned from criminal responsibility for crimes within the jurisdiction of the Court referred to in article 5;
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 2c
- Paragraph text
- 2. In order to determine unwillingness in a particular case, the Court shall consider, having regard to the principles of due process recognized by international law, whether one or more of the following exist, as applicable: (c) The proceedings were not or are not being conducted independently or impartially, and they were or are being conducted in a manner which, in the circumstances, is inconsistent with an intent to bring the person concerned to justice.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 6
- Paragraph text
- 6. Pending a ruling by the Pre-Trial Chamber, or at any time when the Prosecutor has deferred an investigation under this article, the Prosecutor may, on an exceptional basis, seek authority from the Pre-Trial Chamber to pursue necessary investigative steps for the purpose of preserving evidence where there is a unique opportunity to obtain important evidence or there is a significant risk that such evidence may not be subsequently available.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 4
- Paragraph text
- 4. A judge, Prosecutor, Deputy Prosecutor, Registrar or Deputy Registrar whose conduct or ability to exercise the functions of the office as required by this Statute is challenged under this article shall have full opportunity to present and receive evidence and to make submissions in accordance with the Rules of Procedure and Evidence. The person in question shall not otherwise participate in the consideration of the matter.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 2
- Paragraph text
- 2. The judges, the Prosecutor, the Deputy Prosecutors and the Registrar shall, when engaged on or with respect to the business of the Court, enjoy the same privileges and immunities as are accorded to heads of diplomatic missions and shall, after the expiry of their terms of office, continue to be accorded immunity from legal process of every kind in respect of words spoken or written and acts performed by them in their official capacity.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 2
- Paragraph text
- 2. In addition to any other disclosure provided for in this Statute, the Prosecutor shall, as soon as practicable, disclose to the defence evidence in the Prosecutor's possession or control which he or she believes shows or tends to show the innocence of the accused, or to mitigate the guilt of the accused, or which may affect the credibility of prosecution evidence. In case of doubt as to the application of this paragraph, the Court shall decide.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. undefined
- Paragraph text
- An International Criminal Court ("the Court") is hereby established. It shall be a permanent institution and shall have the power to exercise its jurisdiction over persons for the most serious crimes of international concern, as referred to in this Statute, and shall be complementary to national criminal jurisdictions. The jurisdiction and functioning of the Court shall be governed by the provisions of this Statute.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 4
- Paragraph text
- 4. If the Pre-Trial Chamber, upon examination of the request and the supporting material, considers that there is a reasonable basis to proceed with an investigation, and that the case appears to fall within the jurisdiction of the Court, it shall authorize the commencement of the investigation, without prejudice to subsequent determinations by the Court with regard to the jurisdiction and admissibility of a case.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 1b
- Paragraph text
- 1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality: (b) To have adequate time and facilities for the preparation of the defence and to communicate freely with counsel of the accused's choosing in confidence;
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 1g
- Paragraph text
- 1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality: (g) Not to be compelled to testify or to confess guilt and to remain silent, without such silence being a consideration in the determination of guilt or innocence;
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 1
- Paragraph text
- 1. The Court shall establish principles relating to reparations to, or in respect of, victims, including restitution, compensation and rehabilitation. On this basis, in its decision the Court may, either upon request or on its own motion in exceptional circumstances, determine the scope and extent of any damage, loss and injury to, or in respect of, victims and will state the principles on which it is acting.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. undefined
- Paragraph text
- The original of this Statute, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations, who shall send certified copies thereof to all States.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 2b
- Paragraph text
- 2. For the purpose of paragraph 1: (b) "Extermination" includes the intentional infliction of conditions of life, inter alia the deprivation of access to food and medicine, calculated to bring about the destruction of part of a population;
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 3
- Paragraph text
- 3. If the acceptance of a State which is not a Party to this Statute is required under paragraph 2, that State may, by declaration lodged with the Registrar, accept the exercise of jurisdiction by the Court with respect to the crime in question. The accepting State shall cooperate with the Court without any delay or exception in accordance with Part 9.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 2b
- Paragraph text
- 2. In order to determine unwillingness in a particular case, the Court shall consider, having regard to the principles of due process recognized by international law, whether one or more of the following exist, as applicable: (b) There has been an unjustified delay in the proceedings which in the circumstances is inconsistent with an intent to bring the person concerned to justice;
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 3b
- Paragraph text
- 3. In accordance with this Statute, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court if that person: (b) Orders, solicits or induces the commission of such a crime which in fact occurs or is attempted;
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 3c
- Paragraph text
- 3. In accordance with this Statute, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court if that person: (c) For the purpose of facilitating the commission of such a crime, aids, abets or otherwise assists in its commission or its attempted commission, including providing the means for its commission;
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 3e
- Paragraph text
- 3. In accordance with this Statute, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court if that person: (e) In respect of the crime of genocide, directly and publicly incites others to commit genocide;
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 1
- Paragraph text
- 1. The President and the First and Second Vice-Presidents shall be elected by an absolute majority of the judges. They shall each serve for a term of three years or until the end of their respective terms of office as judges, whichever expires earlier. They shall be eligible for re-election once.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 2
- Paragraph text
- 2. In the employment of staff, the Prosecutor and the Registrar shall ensure the highest standards of efficiency, competency and integrity, and shall have regard, mutatis mutandis , to the criteria set forth in article 36, paragraph 8.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 3b
- Paragraph text
- 3. (b) In addition, the Pre-Trial Chamber may, on its own initiative, review a decision of the Prosecutor not to proceed if it is based solely on paragraph 1 (c) or 2 (c). In such a case, the decision of the Prosecutor shall be effective only if confirmed by the Pre-Trial Chamber.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 8b
- Paragraph text
- 8. (b) States Parties shall also take into account the need to include judges with legal expertise on specific issues, including, but not limited to, violence against women or children.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Women
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 2
- Paragraph text
- 2. The Prosecutor shall analyse the seriousness of the information received. For this purpose, he or she may seek additional information from States, organs of the United Nations, intergovernmental or non-governmental organizations, or other reliable sources that he or she deems appropriate, and may receive written or oral testimony at the seat of the Court.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 4
- Paragraph text
- 4. The admissibility of evidence preserved or collected for trial pursuant to this article, or the record thereof, shall be governed at trial by article 69, and given such weight as determined by the Trial Chamber.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 2b
- Paragraph text
- 2. (b) In all other cases, a single judge of the Pre-Trial Chamber may exercise the functions provided for in this Statute, unless otherwise provided for in the Rules of Procedure and Evidence or by a majority of the Pre-Trial Chamber.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 3a
- Paragraph text
- 3. In addition to its other functions under this Statute, the Pre-Trial Chamber may: (a) At the request of the Prosecutor, issue such orders and warrants as may be required for the purposes of an investigation;
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 6d
- Paragraph text
- 6. In performing its functions prior to trial or during the course of a trial, the Trial Chamber may, as necessary: (d) Order the production of evidence in addition to that already collected prior to the trial or presented during the trial by the parties;
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 1c
- Paragraph text
- 1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality: (c) To be tried without undue delay;
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 3a
- Paragraph text
- 3. Upon assignment of a case for trial in accordance with this Statute, the Trial Chamber assigned to deal with the case shall: (a) Confer with the parties and adopt such procedures as are necessary to facilitate the fair and expeditious conduct of the proceedings;
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 4
- Paragraph text
- 4. The Victims and Witnesses Unit may advise the Prosecutor and the Court on appropriate protective measures, security arrangements, counselling and assistance as referred to in article 43, paragraph 6.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 6
- Paragraph text
- 6. A State may make an application for necessary measures to be taken in respect of the protection of its servants or agents and the protection of confidential or sensitive information.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 3
- Paragraph text
- 3. The parties may submit evidence relevant to the case, in accordance with article 64. The Court shall have the authority to request the submission of all evidence that it considers necessary for the determination of the truth.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 4
- Paragraph text
- 4. The Court may rule on the relevance or admissibility of any evidence, taking into account, inter alia , the probative value of the evidence and any prejudice that such evidence may cause to a fair trial or to a fair evaluation of the testimony of a witness, in accordance with the Rules of Procedure and Evidence.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 1a
- Paragraph text
- 1. The Court shall have jurisdiction over the following offences against its administration of justice when committed intentionally: (a) Giving false testimony when under an obligation pursuant to article 69, paragraph 1, to tell the truth;
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 1f
- Paragraph text
- 1. The Court shall have jurisdiction over the following offences against its administration of justice when committed intentionally: (f) Soliciting or accepting a bribe as an official of the Court in connection with his or her official duties.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 2
- Paragraph text
- 2. Except where article 65 applies and before the completion of the trial, the Trial Chamber may on its own motion and shall, at the request of the Prosecutor or the accused, hold a further hearing to hear any additional evidence or submissions relevant to the sentence, in accordance with the Rules of Procedure and Evidence.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 1a
- Paragraph text
- 1. Subject to article 110, the Court may impose one of the following penalties on a person convicted of a crime referred to in article 5 of this Statute: (a) Imprisonment for a specified number of years, which may not exceed a maximum of 30 years; or
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 1b
- Paragraph text
- 1. Subject to article 110, the Court may impose one of the following penalties on a person convicted of a crime referred to in article 5 of this Statute: (b) A term of life imprisonment when justified by the extreme gravity of the crime and the individual circumstances of the convicted person.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 2a
- Paragraph text
- 2. The request for provisional arrest shall be made by any medium capable of delivering a written record and shall contain: (a) Information describing the person sought, sufficient to identify the person, and information as to that person's probable location;
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 2a
- Paragraph text
- 2. In the case of a request for the arrest and surrender of a person for whom a warrant of arrest has been issued by the Pre-Trial Chamber under article 58, the request shall contain or be supported by: (a) Information describing the person sought, sufficient to identify the person, and information as to that person's probable location;
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 3
- Paragraph text
- 3. The requested State shall keep confidential a request for cooperation and any documents supporting the request, except to the extent that the disclosure is necessary for execution of the request.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 5a
- Paragraph text
- 5. (a) The Court may invite any State not party to this Statute to provide assistance under this Part on the basis of an ad hoc arrangement, an agreement with such State or any other appropriate basis.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 1b
- Paragraph text
- 1. (b) At the time of declaring its willingness to accept sentenced persons, a State may attach conditions to its acceptance as agreed by the Court and in accordance with this Part.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 2b
- Paragraph text
- 2. (b) Where the Court cannot agree to the circumstances referred to in subparagraph (a), it shall notify the State of enforcement and proceed in accordance with article 104, paragraph 1.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 1
- Paragraph text
- 1. A request for other forms of assistance referred to in article 93 shall be made in writing. In urgent cases, a request may be made by any medium capable of delivering a written record, provided that the request shall be confirmed through the channel provided for in article 87, paragraph 1 (a).
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 3e
- Paragraph text
- 3. In exercising its discretion to make a designation under paragraph 1, the Court shall take into account the following: (e) Such other factors regarding the circumstances of the crime or the person sentenced, or the effective enforcement of the sentence, as may be appropriate in designating the State of enforcement.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 1
- Paragraph text
- 1. Subject to conditions which a State may have specified in accordance with article 103, paragraph 1 (b), the sentence of imprisonment shall be binding on the States Parties, which shall in no case modify it.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 2b
- Paragraph text
- 2. The request shall, as applicable, contain or be supported by the following: (b) As much detailed information as possible about the location or identification of any person or place that must be found or identified in order for the assistance sought to be provided;
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 1
- Paragraph text
- 1. States Parties shall give effect to fines or forfeitures ordered by the Court under Part 7, without prejudice to the rights of bona fide third parties, and in accordance with the procedure of their national law.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 1b
- Paragraph text
- 1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions: (b) The taking of evidence, including testimony under oath, and the production of evidence, including expert opinions and reports necessary to the Court;
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. undefined
- Paragraph text
- Without prejudice to article 115, the Court may receive and utilize, as additional funds, voluntary contributions from Governments, international organizations, individuals, corporations and other entities, in accordance with relevant criteria adopted by the Assembly of States Parties.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. undefined
- Paragraph text
- The contributions of States Parties shall be assessed in accordance with an agreed scale of assessment, based on the scale adopted by the United Nations for its regular budget and adjusted in accordance with the principles on which that scale is based.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 1
- Paragraph text
- 1. After the expiry of seven years from the entry into force of this Statute, any State Party may propose amendments thereto. The text of any proposed amendment shall be submitted to the Secretary-General of the United Nations, who shall promptly circulate it to all States Parties.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 2
- Paragraph text
- 2. This Statute is subject to ratification, acceptance or approval by signatory States. Instruments of ratification, acceptance or approval shall be deposited with the Secretary-General of the United Nations.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 1
- Paragraph text
- 1. This Statute shall enter into force on the first day of the month after the 60th day following the date of the deposit of the 60th instrument of ratification, acceptance, approval or accession with the Secretary-General of the United Nations.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 4
- Paragraph text
- 4. The Assembly may establish such subsidiary bodies as may be necessary, including an independent oversight mechanism for inspection, evaluation and investigation of the Court, in order to enhance its efficiency and economy.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 6
- Paragraph text
- 6. The Assembly shall meet at the seat of the Court or at the Headquarters of the United Nations once a year and, when circumstances so require, hold special sessions. Except as otherwise specified in this Statute, special sessions shall be convened by the Bureau on its own initiative or at the request of one third of the States Parties.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 2
- Paragraph text
- 2. A State shall not be discharged, by reason of its withdrawal, from the obligations arising from this Statute while it was a Party to the Statute, including any financial obligations which may have accrued. Its withdrawal shall not affect any cooperation with the Court in connection with criminal investigations and proceedings in relation to which the withdrawing State had a duty to cooperate and which were commenced prior to the date on which the withdrawal became effective, nor shall it prejudice in any way the continued consideration of any matter which was already under consideration by the Court prior to the date on which the withdrawal became effective.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 5
- Paragraph text
- 5. For the purposes of the election, there shall be two lists of candidates: List A containing the names of candidates with the qualifications specified in paragraph 3 (b) (i); and List B containing the names of candidates with the qualifications specified in paragraph 3 (b) (ii). A candidate with sufficient qualifications for both lists may choose on which list to appear. At the first election to the Court, at least nine judges shall be elected from list A and at least five judges from list B. Subsequent elections shall be so organized as to maintain the equivalent proportion on the Court of judges qualified on the two lists.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. a (ii)
- Paragraph text
- In addition to other grounds of criminal responsibility under this Statute for crimes within the jurisdiction of the Court: (a) A military commander or person effectively acting as a military commander shall be criminally responsible for crimes within the jurisdiction of the Court committed by forces under his or her effective command and control, or effective authority and control as the case may be, as a result of his or her failure to exercise control properly over such forces, where: (ii) That military commander or person failed to take all necessary and reasonable measures within his or her power to prevent or repress their commission or to submit the matter to the competent authorities for investigation and prosecution.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 1
- Paragraph text
- 1. The judges shall be independent in the performance of their functions.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 2a
- Paragraph text
- 2. (a) A judge shall not participate in any case in which his or her impartiality might reasonably be doubted on any ground. A judge shall be disqualified from a case in accordance with this paragraph if, inter alia , that judge has previously been involved in any capacity in that case before the Court or in a related criminal case at the national level involving the person being investigated or prosecuted. A judge shall also be disqualified on such other grounds as may be provided for in the Rules of Procedure and Evidence.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 4
- Paragraph text
- 4. The admissibility of a case or the jurisdiction of the Court may be challenged only once by any person or State referred to in paragraph 2. The challenge shall take place prior to or at the commencement of the trial. In exceptional circumstances, the Court may grant leave for a challenge to be brought more than once or at a time later than the commencement of the trial. Challenges to the admissibility of a case, at the commencement of a trial, or subsequently with the leave of the Court, may be based only on article 17, paragraph 1 (c).
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 11
- Paragraph text
- 11. If the Prosecutor, having regard to the matters referred to in article 17, defers an investigation, the Prosecutor may request that the relevant State make available to the Prosecutor information on the proceedings. That information shall, at the request of the State concerned, be confidential. If the Prosecutor thereafter decides to proceed with an investigation, he or she shall notify the State to which deferral of the proceedings has taken place.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. undefined
- Paragraph text
- A person convicted by the Court may be punished only in accordance with this Statute.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 3d (i)
- Paragraph text
- 3. In accordance with this Statute, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court if that person: (d) In any other way contributes to the commission or attempted commission of such a crime by a group of persons acting with a common purpose. Such contribution shall be intentional and shall either: (i) Be made with the aim of furthering the criminal activity or criminal purpose of the group, where such activity or purpose involves the commission of a crime within the jurisdiction of the Court; or
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 3f
- Paragraph text
- 3. In accordance with this Statute, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court if that person: (f) Attempts to commit such a crime by taking action that commences its execution by means of a substantial step, but the crime does not occur because of circumstances independent of the person's intentions. However, a person who abandons the effort to commit the crime or otherwise prevents the completion of the crime shall not be liable for punishment under this Statute for the attempt to commit that crime if that person completely and voluntarily gave up the criminal purpose.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 2
- Paragraph text
- 2. As an exception to the principle of public hearings provided for in article 67, the Chambers of the Court may, to protect victims and witnesses or an accused, conduct any part of the proceedings in camera or allow the presentation of evidence by electronic or other special means. In particular, such measures shall be implemented in the case of a victim of sexual violence or a child who is a victim or a witness, unless otherwise ordered by the Court, having regard to all the circumstances, particularly the views of the victim or witness.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 7a (iii)
- Paragraph text
- 7. Thereafter, if the Court determines that the evidence is relevant and necessary for the establishment of the guilt or innocence of the accused, the Court may undertake the following actions: (a) Where disclosure of the information or document is sought pursuant to a request for cooperation under Part 9 or the circumstances described in paragraph 2, and the State has invoked the ground for refusal referred to in article 93, para-graph 4: (iii) The Court may make such inference in the trial of the accused as to the existence or non-existence of a fact, as may be appropriate in the circumstances; or
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. undefined
- Paragraph text
- If a State Party is requested by the Court to provide a document or information in its custody, possession or control, which was disclosed to it in confidence by a State, intergovernmental organization or international organization, it shall seek the consent of the originator to disclose that document or information. If the originator is a State Party, it shall either consent to disclosure of the information or document or undertake to resolve the issue of disclosure with the Court, subject to the provisions of article 72. If the originator is not a State Party and refuses to consent to disclosure, the requested State shall inform the Court that it is unable to provide the document or information because of a pre-existing obligation of confidentiality to the originator.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 4
- Paragraph text
- 4. In relation to any request for assistance presented under this Part, the Court may take such measures, including measures related to the protection of information, as may be necessary to ensure the safety or physical or psychological well-being of any victims, potential witnesses and their families. The Court may request that any information that is made available under this Part shall be provided and handled in a manner that protects the safety and physical or psychological well-being of any victims, potential witnesses and their families.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Families
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 1
- Paragraph text
- 1. The official languages of the Court shall be Arabic, Chinese, English, French, Russian and Spanish. The judgements of the Court, as well as other decisions resolving fundamental issues before the Court, shall be published in the official languages. The Presidency shall, in accordance with the criteria established by the Rules of Procedure and Evidence, determine which decisions may be considered as resolving fundamental issues for the purposes of this paragraph.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 2d
- Paragraph text
- 2. The measures referred to in paragraph 1 (b) may include: (d) Authorizing counsel for a person who has been arrested, or appeared before the Court in response to a summons, to participate, or where there has not yet been such an arrest or appearance or counsel has not been designated, appointing another counsel to attend and represent the interests of the defence;
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 3b
- Paragraph text
- 3. In addition to its other functions under this Statute, the Pre-Trial Chamber may: (b) Upon the request of a person who has been arrested or has appeared pursuant to a summons under article 58, issue such orders, including measures such as those described in article 56, or seek such cooperation pursuant to Part 9 as may be necessary to assist the person in the preparation of his or her defence;
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 1a
- Paragraph text
- 1. At any time after the initiation of an investigation, the Pre-Trial Chamber shall, on the application of the Prosecutor, issue a warrant of arrest of a person if, having examined the application and the evidence or other information submitted by the Prosecutor, it is satisfied that: (a) There are reasonable grounds to believe that the person has committed a crime within the jurisdiction of the Court; and
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 7b
- Paragraph text
- 7. Thereafter, if the Court determines that the evidence is relevant and necessary for the establishment of the guilt or innocence of the accused, the Court may undertake the following actions: (b) In all other circumstances: (i) Order disclosure; or (ii) To the extent it does not order disclosure, make such inference in the trial of the accused as to the existence or non-existence of a fact, as may be appropriate in the circumstances.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 7c (i)
- Paragraph text
- 7. The Pre-Trial Chamber shall, on the basis of the hearing, determine whether there is sufficient evidence to establish substantial grounds to believe that the person committed each of the crimes charged. Based on its determination, the Pre-Trial Chamber shall: (c) Adjourn the hearing and request the Prosecutor to consider: (i) Providing further evidence or conducting further investigation with respect to a particular charge; or
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 6
- Paragraph text
- 6. The Registrar shall set up a Victims and Witnesses Unit within the Registry. This Unit shall provide, in consultation with the Office of the Prosecutor, protective measures and security arrangements, counselling and other appropriate assistance for witnesses, victims who appear before the Court, and others who are at risk on account of testimony given by such witnesses. The Unit shall include staff with expertise in trauma, including trauma related to crimes of sexual violence.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Health
- Violence
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 4
- Paragraph text
- 4. The Court may, in exceptional circumstances, employ the expertise of gratis personnel offered by States Parties, intergovernmental organizations or non-governmental organizations to assist with the work of any of the organs of the Court. The Prosecutor may accept any such offer on behalf of the Office of the Prosecutor. Such gratis personnel shall be employed in accordance with guidelines to be established by the Assembly of States Parties.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 6
- Paragraph text
- 6. Prior to the confirmation of the charges, challenges to the admissibility of a case or challenges to the jurisdiction of the Court shall be referred to the Pre-Trial Chamber. After confirmation of the charges, they shall be referred to the Trial Chamber. Decisions with respect to jurisdiction or admissibility may be appealed to the Appeals Chamber in accordance with article 82.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 6
- Paragraph text
- 6. If, after the preliminary examination referred to in paragraphs 1 and 2, the Prosecutor concludes that the information provided does not constitute a reasonable basis for an investigation, he or she shall inform those who provided the information. This shall not preclude the Prosecutor from considering further information submitted to him or her regarding the same situation in the light of new facts or evidence.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 1
- Paragraph text
- 1. A State Party may, by written notification addressed to the Secretary-General of the United Nations, withdraw from this Statute. The withdrawal shall take effect one year after the date of receipt of the notification, unless the notification specifies a later date.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. undefined
- Paragraph text
- The Court shall be brought into relationship with the United Nations through an agreement to be approved by the Assembly of States Parties to this Statute and thereafter concluded by the President of the Court on its behalf.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 8a
- Paragraph text
- 8. Pending a ruling by the Court, the Prosecutor may seek authority from the Court: (a) To pursue necessary investigative steps of the kind referred to in article 18, paragraph 6;
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 8b
- Paragraph text
- 8. Pending a ruling by the Court, the Prosecutor may seek authority from the Court: (b) To take a statement or testimony from a witness or complete the collection and examination of evidence which had begun prior to the making of the challenge; and
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 8c
- Paragraph text
- 8. Pending a ruling by the Court, the Prosecutor may seek authority from the Court: (c) In cooperation with the relevant States, to prevent the absconding of persons in respect of whom the Prosecutor has already requested a warrant of arrest under article 58.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 9
- Paragraph text
- 9. The making of a challenge shall not affect the validity of any act performed by the Prosecutor or any order or warrant issued by the Court prior to the making of the challenge.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 10
- Paragraph text
- 10. If the Court has decided that a case is inadmissible under article 17, the Prosecutor may submit a request for a review of the decision when he or she is fully satisfied that new facts have arisen which negate the basis on which the case had previously been found inadmissible under article 17.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. b
- Paragraph text
- The Court may exercise its jurisdiction with respect to a crime referred to in article 5 in accordance with the provisions of this Statute if: (b) A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by the Security Council acting under Chapter VII of the Charter of the United Nations; or
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. c
- Paragraph text
- The Court may exercise its jurisdiction with respect to a crime referred to in article 5 in accordance with the provisions of this Statute if: (c) The Prosecutor has initiated an investigation in respect of such a crime in accordance with article 15.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 6b
- Paragraph text
- 6. (b) In the event that a sufficient number of judges is not elected on the first ballot, successive ballots shall be held in accordance with the procedures laid down in subparagraph (a) until the remaining places have been filled.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 3a
- Paragraph text
- 3. (a) Judges assigned to the Trial and Pre-Trial Divisions shall serve in those divisions for a period of three years, and thereafter until the completion of any case the hearing of which has already commenced in the division concerned.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 4
- Paragraph text
- 4. Any question regarding the application of paragraphs 2 and 3 shall be decided by an absolute majority of the judges. Where any such question concerns an individual judge, that judge shall not take part in the decision.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 2c
- Paragraph text
- 2. (c) Any question as to the disqualification of a judge shall be decided by an absolute majority of the judges. The challenged judge shall be entitled to present his or her comments on the matter, but shall not take part in the decision.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 3
- Paragraph text
- 3. The Prosecutor and the Deputy Prosecutors shall be persons of high moral character, be highly competent in and have extensive practical experience in the prosecution or trial of criminal cases. They shall have an excellent knowledge of and be fluent in at least one of the working languages of the Court.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 1b
- Paragraph text
- 1. In respect of an investigation under this Statute, a person: (b) Shall not be subjected to any form of coercion, duress or threat, to torture or to any other form of cruel, inhuman or degrading treatment or punishment;
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 9b
- Paragraph text
- 9. (b) At the first election, one third of the judges elected shall be selected by lot to serve for a term of three years; one third of the judges elected shall be selected by lot to serve for a term of six years; and the remainder shall serve for a term of nine years.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 4
- Paragraph text
- 4. The judges shall elect the Registrar by an absolute majority by secret ballot, taking into account any recommendation by the Assembly of States Parties. If the need arises and upon the recommendation of the Registrar, the judges shall elect, in the same manner, a Deputy Registrar.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 5
- Paragraph text
- 5. The Registrar shall hold office for a term of five years, shall be eligible for re-election once and shall serve on a full-time basis. The Deputy Registrar shall hold office for a term of five years or such shorter term as may be decided upon by an absolute majority of the judges, and may be elected on the basis that the Deputy Registrar shall be called upon to serve as required.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 1c
- Paragraph text
- 1. (c) Unless the Pre-Trial Chamber orders otherwise, the Prosecutor shall provide the relevant information to the person who has been arrested or appeared in response to a summons in connection with the investigation referred to in subparagraph (a), in order that he or she may be heard on the matter.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 5
- Paragraph text
- 5. At the hearing, the Prosecutor shall support each charge with sufficient evidence to establish substantial grounds to believe that the person committed the crime charged. The Prosecutor may rely on documentary or summary evidence and need not call the witnesses expected to testify at the trial.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 1
- Paragraph text
- 1. A State Party which has received a request for provisional arrest or for arrest and surrender shall immediately take steps to arrest the person in question in accordance with its laws and the provisions of Part 9.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 2a
- Paragraph text
- 2. A person arrested shall be brought promptly before the competent judicial authority in the custodial State which shall determine, in accordance with the law of that State, that: (a) The warrant applies to that person;
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. undefined
- Paragraph text
- No investigation or prosecution may be commenced or proceeded with under this Statute for a period of 12 months after the Security Council, in a resolution adopted under Chapter VII of the Charter of the United Nations, has requested the Court to that effect; that request may be renewed by the Council under the same conditions.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 3
- Paragraph text
- 3. The Pre-Trial Chamber shall periodically review its ruling on the release or detention of the person, and may do so at any time on the request of the Prosecutor or the person. Upon such review, it may modify its ruling as to detention, release or conditions of release, if it is satisfied that changed circumstances so require.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 4
- Paragraph text
- 4. The Pre-Trial Chamber shall ensure that a person is not detained for an unreasonable period prior to trial due to inexcusable delay by the Prosecutor. If such delay occurs, the Court shall consider releasing the person, with or without conditions.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 1
- Paragraph text
- 1. Subject to the provisions of paragraph 2, within a reasonable time after the person's surrender or voluntary appearance before the Court, the Pre-Trial Chamber shall hold a hearing to confirm the charges on which the Prosecutor intends to seek trial. The hearing shall be held in the presence of the Prosecutor and the person charged, as well as his or her counsel.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 2
- Paragraph text
- 2. The Court may make an order directly against a convicted person specifying appropriate reparations to, or in respect of, victims, including restitution, compensation and rehabilitation. Where appropriate, the Court may order that the award for reparations be made through the Trust Fund provided for in article 79.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 4
- Paragraph text
- 4. In exercising its power under this article, the Court may, after a person is convicted of a crime within the jurisdiction of the Court, determine whether, in order to give effect to an order which it may make under this article, it is necessary to seek measures under article 93, paragraph 1.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 1
- Paragraph text
- 1. In the event of a conviction, the Trial Chamber shall consider the appropriate sentence to be imposed and shall take into account the evidence presented and submissions made during the trial that are relevant to the sentence.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 2
- Paragraph text
- 2. The principles and procedures governing the Court's exercise of jurisdiction over offences under this article shall be those provided for in the Rules of Procedure and Evidence. The conditions for providing international cooperation to the Court with respect to its proceedings under this article shall be governed by the domestic laws of the requested State.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 4a
- Paragraph text
- 4. (a) Each State Party shall extend its criminal laws penalizing offences against the integrity of its own investigative or judicial process to offences against the administration of justice referred to in this article, committed on its territory, or by one of its nationals;
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 1a
- Paragraph text
- 1. A decision under article 74 may be appealed in accordance with the Rules of Procedure and Evidence as follows: (a) The Prosecutor may make an appeal on any of the following grounds: (i) Procedural error, (ii) Error of fact, or (iii) Error of law;
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 2a
- Paragraph text
- 2. (a) A sentence may be appealed, in accordance with the Rules of Procedure and Evidence, by the Prosecutor or the convicted person on the ground of disproportion between the crime and the sentence;
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 3
- Paragraph text
- 3. When a person has been convicted of more than one crime, the Court shall pronounce a sentence for each crime and a joint sentence specifying the total period of imprisonment. This period shall be no less than the highest individual sentence pronounced and shall not exceed 30 years imprisonment or a sentence of life imprisonment in conformity with article 77, paragraph 1 (b).
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. undefined
- Paragraph text
- Nothing in this Part affects the application by States of penalties prescribed by their national law, nor the law of States which do not provide for penalties prescribed in this Part.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 1
- Paragraph text
- 1. A State Party which receives a request from the Court for the surrender of a person under article 89 shall, if it also receives a request from any other State for the extradition of the same person for the same conduct which forms the basis of the crime for which the Court seeks the person's surrender, notify the Court and the requesting State of that fact.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 2b
- Paragraph text
- 2. Where the requesting State is a State Party, the requested State shall give priority to the request from the Court if: (b) The Court makes the determination described in subparagraph (a) pursuant to the requested State's notification under paragraph 1.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 4
- Paragraph text
- 4. If the requesting State is a State not Party to this Statute the requested State, if it is not under an international obligation to extradite the person to the requesting State, shall give priority to the request for surrender from the Court, if the Court has determined that the case is admissible.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 8
- Paragraph text
- 8. Where pursuant to a notification under this article, the Court has determined a case to be inadmissible, and subsequently extradition to the requesting State is refused, the requested State shall notify the Court of this decision.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 1g
- Paragraph text
- 1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions: (g) The examination of places or sites, including the exhumation and examination of grave sites;
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 1h
- Paragraph text
- 1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions: (h) The execution of searches and seizures;
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 1i
- Paragraph text
- 1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions: (i) The provision of records and documents, including official records and documents;
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 1j
- Paragraph text
- 1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions: (j) The protection of victims and witnesses and the preservation of evidence;
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 2
- Paragraph text
- 2. The Court shall have the authority to provide an assurance to a witness or an expert appearing before the Court that he or she will not be prosecuted, detained or subjected to any restriction of personal freedom by the Court in respect of any act or omission that preceded the departure of that person from the requested State.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 4
- Paragraph text
- 4. In accordance with article 72, a State Party may deny a request for assistance, in whole or in part, only if the request concerns the production of any documents or disclosure of evidence which relates to its national security.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 7a (i)
- Paragraph text
- 7. (a) The Court may request the temporary transfer of a person in custody for purposes of identification or for obtaining testimony or other assistance. The person may be transferred if the following conditions are fulfilled: (i) The person freely gives his or her informed consent to the transfer; and
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 7a (ii)
- Paragraph text
- 7. (a) The Court may request the temporary transfer of a person in custody for purposes of identification or for obtaining testimony or other assistance. The person may be transferred if the following conditions are fulfilled: (ii) The requested State agrees to the transfer, subject to such conditions as that State and the Court may agree.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 5b
- Paragraph text
- 5. (b) Where a State not party to this Statute, which has entered into an ad hoc arrangement or an agreement with the Court, fails to cooperate with requests pursuant to any such arrangement or agreement, the Court may so inform the Assembly of States Parties or, where the Security Council referred the matter to the Court, the Security Council.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 3a
- Paragraph text
- 3. In exercising its discretion to make a designation under paragraph 1, the Court shall take into account the following: (a) The principle that States Parties should share the responsibility for enforcing sentences of imprisonment, in accordance with principles of equitable distribution, as provided in the Rules of Procedure and Evidence;
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 3b
- Paragraph text
- 3. In exercising its discretion to make a designation under paragraph 1, the Court shall take into account the following: (b) The application of widely accepted international treaty standards governing the treatment of prisoners;
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 2a
- Paragraph text
- 2. The request shall, as applicable, contain or be supported by the following: (a) A concise statement of the purpose of the request and the assistance sought, including the legal basis and the grounds for the request;
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 8c
- Paragraph text
- 8. (c) The requested State may, on its own motion or at the request of the Prosecutor, subsequently consent to the disclosure of such documents or information. They may then be used as evidence pursuant to the provisions of Parts 5 and 6 and in accordance with the Rules of Procedure and Evidence.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 2e
- Paragraph text
- 2. The request shall, as applicable, contain or be supported by the following: (e) Such information as may be required under the law of the requested State in order to execute the request; and
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 3
- Paragraph text
- 3. Upon the request of the Court, a State Party shall consult with the Court, either generally or with respect to a specific matter, regarding any requirements under its national law that may apply under paragraph 2 (e). During the consultations, the State Party shall advise the Court of the specific requirements of its national law.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 1b
- Paragraph text
- 1. The ordinary costs for execution of requests in the territory of the requested State shall be borne by that State, except for the following, which shall be borne by the Court: (b) Costs of translation, interpretation and transcription;
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 1c
- Paragraph text
- 1. The ordinary costs for execution of requests in the territory of the requested State shall be borne by that State, except for the following, which shall be borne by the Court: (c) Travel and subsistence costs of the judges, the Prosecutor, the Deputy Prosecutors, the Registrar, the Deputy Registrar and staff of any organ of the Court;
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. undefined
- Paragraph text
- Except as otherwise specifically provided, all financial matters related to the Court and the meetings of the Assembly of States Parties, including its Bureau and subsidiary bodies, shall be governed by this Statute and the Financial Regulations and Rules adopted by the Assembly of States Parties.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 3
- Paragraph text
- 3. Property, or the proceeds of the sale of real property or, where appropriate, the sale of other property, which is obtained by a State Party as a result of its enforcement of a judgement of the Court shall be transferred to the Court.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 3
- Paragraph text
- 3. When the person has served two thirds of the sentence, or 25 years in the case of life imprisonment, the Court shall review the sentence to determine whether it should be reduced. Such a review shall not be conducted before that time.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 4a
- Paragraph text
- 4. In its review under paragraph 3, the Court may reduce the sentence if it finds that one or more of the following factors are present: (a) The early and continuing willingness of the person to cooperate with the Court in its investigations and prosecutions;
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 1
- Paragraph text
- 1. Seven years after the entry into force of this Statute the Secretary-General of the United Nations shall convene a Review Conference to consider any amendments to this Statute. Such review may include, but is not limited to, the list of crimes contained in article 5. The Conference shall be open to those participating in the Assembly of States Parties and on the same conditions.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 1
- Paragraph text
- 1. An Assembly of States Parties to this Statute is hereby established. Each State Party shall have one representative in the Assembly who may be accompanied by alternates and advisers. Other States which have signed this Statute or the Final Act may be observers in the Assembly.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 2b
- Paragraph text
- 2. For the purpose of this Statute, "war crimes" means: (b) Other serious violations of the laws and customs applicable in international armed conflict, within the established framework of international law, namely, any of the following acts: (i) Intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part in hostilities; (ii) Intentionally directing attacks against civilian objects, that is, objects which are not military objectives; (iii) Intentionally directing attacks against personnel, installations, material, units or vehicles involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations, as long as they are entitled to the protection given to civilians or civilian objects under the international law of armed conflict; (iv) Intentionally launching an attack in the knowledge that such attack will cause incidental loss of life or injury to civilians or damage to civilian objects or widespread, long-term and severe damage to the natural environment which would be clearly excessive in relation to the concrete and direct overall military advantage anticipated; (v) Attacking or bombarding, by whatever means, towns, villages, dwellings or buildings which are undefended and which are not military objectives; (vi) Killing or wounding a combatant who, having laid down his arms or having no longer means of defence, has surrendered at discretion; (vii) Making improper use of a flag of truce, of the flag or of the military insignia and uniform of the enemy or of the United Nations, as well as of the distinctive emblems of the Geneva Conventions, resulting in death or serious personal injury; (viii) The transfer, directly or indirectly, by the Occupying Power of parts of its own civilian population into the territory it occupies, or the deportation or transfer of all or parts of the population of the occupied territory within or outside this territory; (ix) Intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected, provided they are not military objectives; (x) Subjecting persons who are in the power of an adverse party to physical mutilation or to medical or scientific experiments of any kind which are neither justified by the medical, dental or hospital treatment of the person concerned nor carried out in his or her interest, and which cause death to or seriously endanger the health of such person or persons; (xi) Killing or wounding treacherously individuals belonging to the hostile nation or army; (xii) Declaring that no quarter will be given; (xiii) Destroying or seizing the enemy's property unless such destruction or seizure be imperatively demanded by the necessities of war; (xiv) Declaring abolished, suspended or inadmissible in a court of law the rights and actions of the nationals of the hostile party; (xv) Compelling the nationals of the hostile party to take part in the operations of war directed against their own country, even if they were in the belligerent's service before the commencement of the war; (xvi) Pillaging a town or place, even when taken by assault; (xvii) Employing poison or poisoned weapons; (xviii) Employing asphyxiating, poisonous or other gases, and all analogous liquids, materials or devices; (xix) Employing bullets which expand or flatten easily in the human body, such as bullets with a hard envelope which does not entirely cover the core or is pierced with incisions; (xx) Employing weapons, projectiles and material and methods of warfare which are of a nature to cause superfluous injury or unnecessary suffering or which are inherently indiscriminate in violation of the international law of armed conflict, provided that such weapons, projectiles and material and methods of warfare are the subject of a comprehensive prohibition and are included in an annex to this Statute, by an amendment in accordance with the relevant provisions set forth in articles 121 and 123; (xxi) Committing outrages upon personal dignity, in particular humiliating and degrading treatment; (xxii) Committing rape, sexual slavery, enforced prostitution, forced pregnancy, as defined in article 7, paragraph 2 (f), enforced sterilization, or any other form of sexual violence also constituting a grave breach of the Geneva Conventions; (xxiii) Utilizing the presence of a civilian or other protected person to render certain points, areas or military forces immune from military operations; (xxiv) Intentionally directing attacks against buildings, material, medical units and transport, and personnel using the distinctive emblems of the Geneva Conventions in conformity with international law; (xxv) Intentionally using starvation of civilians as a method of warfare by depriving them of objects indispensable to their survival, including wilfully impeding relief supplies as provided for under the Geneva Conventions; (xxvi) Conscripting or enlisting children under the age of fifteen years into the national armed forces or using them to participate actively in hostilities.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Humanitarian
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. b (i)
- Paragraph text
- In addition to other grounds of criminal responsibility under this Statute for crimes within the jurisdiction of the Court: (b) With respect to superior and subordinate relationships not described in paragraph (a), a superior shall be criminally responsible for crimes within the jurisdiction of the Court committed by subordinates under his or her effective authority and control, as a result of his or her failure to exercise control properly over such subordinates, where: (i) The superior either knew, or consciously disregarded information which clearly indicated, that the subordinates were committing or about to commit such crimes;
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 2d
- Paragraph text
- 2. Where there are grounds to believe that a person has committed a crime within the jurisdiction of the Court and that person is about to be questioned either by the Prosecutor, or by national authorities pursuant to a request made under Part 9, that person shall also have the following rights of which he or she shall be informed prior to being questioned: (d) To be questioned in the presence of counsel unless the person has voluntarily waived his or her right to counsel.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 3a
- Paragraph text
- 3. (a) Where the Prosecutor has not sought measures pursuant to this article but the Pre-Trial Chamber considers that such measures are required to preserve evidence that it deems would be essential for the defence at trial, it shall consult with the Prosecutor as to whether there is good reason for the Prosecutor's failure to request the measures. If upon consultation, the Pre-Trial Chamber concludes that the Prosecutor's failure to request such measures is unjustified, the Pre-Trial Chamber may take such measures on its own initiative.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 3d
- Paragraph text
- 3. In addition to its other functions under this Statute, the Pre-Trial Chamber may: (d) Authorize the Prosecutor to take specific investigative steps within the territory of a State Party without having secured the cooperation of that State under Part 9 if, whenever possible having regard to the views of the State concerned, the Pre-Trial Chamber has determined in that case that the State is clearly unable to execute a request for cooperation due to the unavailability of any authority or any component of its judicial system competent to execute the request for cooperation under Part 9.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. undefined
- Paragraph text
- Unless otherwise decided, the place of the trial shall be the seat of the Court.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 1c
- Paragraph text
- 1. In addition to other grounds for excluding criminal responsibility provided for in this Statute, a person shall not be criminally responsible if, at the time of that person's conduct: (c) The person acts reasonably to defend himself or herself or another person or, in the case of war crimes, property which is essential for the survival of the person or another person or property which is essential for accomplishing a military mission, against an imminent and unlawful use of force in a manner proportionate to the degree of danger to the person or the other person or property protected. The fact that the person was involved in a defensive operation conducted by forces shall not in itself constitute a ground for excluding criminal responsibility under this subparagraph;
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Humanitarian
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 1d
- Paragraph text
- 1. In addition to other grounds for excluding criminal responsibility provided for in this Statute, a person shall not be criminally responsible if, at the time of that person's conduct: (d) The conduct which is alleged to constitute a crime within the jurisdiction of the Court has been caused by duress resulting from a threat of imminent death or of continuing or imminent serious bodily harm against that person or another person, and the person acts necessarily and reasonably to avoid this threat, provided that the person does not intend to cause a greater harm than the one sought to be avoided. Such a threat may either be: (i) Made by other persons; or (ii) Constituted by other circumstances beyond that person's control.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 2c (ii)
- Paragraph text
- 2. (c) (ii) Once a proposal for an increase in the number of judges has been adopted and brought into effect under subparagraphs (b) and (c) (i), it shall be open to the Presidency at any time thereafter, if the workload of the Court justifies it, to propose a reduction in the number of judges, provided that the number of judges shall not be reduced below that specified in paragraph 1. The proposal shall be dealt with in accordance with the procedure laid down in subparagraphs (a) and (b). In the event that the proposal is adopted, the number of judges shall be progressively decreased as the terms of office of serving judges expire, until the necessary number has been reached.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 7a (ii)
- Paragraph text
- 7. Thereafter, if the Court determines that the evidence is relevant and necessary for the establishment of the guilt or innocence of the accused, the Court may undertake the following actions: (a) Where disclosure of the information or document is sought pursuant to a request for cooperation under Part 9 or the circumstances described in paragraph 2, and the State has invoked the ground for refusal referred to in article 93, para-graph 4: (ii) If the Court concludes that, by invoking the ground for refusal under article 93, paragraph 4, in the circumstances of the case, the requested State is not acting in accordance with its obligations under this Statute, the Court may refer the matter in accordance with article 87, paragraph 7, specifying the reasons for its conclusion; and
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 3
- Paragraph text
- 3. Where the personal interests of the victims are affected, the Court shall permit their views and concerns to be presented and considered at stages of the proceedings determined to be appropriate by the Court and in a manner which is not prejudicial to or inconsistent with the rights of the accused and a fair and impartial trial. Such views and concerns may be presented by the legal representatives of the victims where the Court considers it appropriate, in accordance with the Rules of Procedure and Evidence.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 2
- Paragraph text
- 2. Where the person sought for surrender brings a challenge before a national court on the basis of the principle of ne bis in idem as provided in article 20, the requested State shall immediately consult with the Court to determine if there has been a relevant ruling on admissibility. If the case is admissible, the requested State shall proceed with the execution of the request. If an admissibility ruling is pending, the requested State may postpone the execution of the request for surrender of the person until the Court makes a determination on admissibility.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 1f
- Paragraph text
- 1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality: (f) To have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness, if any of the proceedings of or documents presented to the Court are not in a language which the accused fully understands and speaks;
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 1
- Paragraph text
- 1. The Court shall take appropriate measures to protect the safety, physical and psychological well-being, dignity and privacy of victims and witnesses. In so doing, the Court shall have regard to all relevant factors, including age, gender as defined in article 7, paragraph 3, and health, and the nature of the crime, in particular, but not limited to, where the crime involves sexual or gender violence or violence against children. The Prosecutor shall take such measures particularly during the investigation and prosecution of such crimes. These measures shall not be prejudicial to or inconsistent with the rights of the accused and a fair and impartial trial.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 8
- Paragraph text
- 8. A State Party which is in arrears in the payment of its financial contributions towards the costs of the Court shall have no vote in the Assembly and in the Bureau if the amount of its arrears equals or exceeds the amount of the contributions due from it for the preceding two full years. The Assembly may, nevertheless, permit such a State Party to vote in the Assembly and in the Bureau if it is satisfied that the failure to pay is due to conditions beyond the control of the State Party.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 2
- Paragraph text
- 2. If the Appeals Chamber finds that the proceedings appealed from were unfair in a way that affected the reliability of the decision or sentence, or that the decision or sentence appealed from was materially affected by error of fact or law or procedural error, it may: (a) Reverse or amend the decision or sentence; or (b) Order a new trial before a different Trial Chamber. For these purposes, the Appeals Chamber may remand a factual issue to the original Trial Chamber for it to determine the issue and to report back accordingly, or may itself call evidence to determine the issue. When the decision or sentence has been appealed only by the person convicted, or the Prosecutor on that person's behalf, it cannot be amended to his or her detriment.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 3b
- Paragraph text
- 3. No person who has been tried by another court for conduct also proscribed under article 6, 7 or 8 shall be tried by the Court with respect to the same conduct unless the proceedings in the other court: (b) Otherwise were not conducted independently or impartially in accordance with the norms of due process recognized by international law and were conducted in a manner which, in the circumstances, was inconsistent with an intent to bring the person concerned to justice.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 3d (ii)
- Paragraph text
- 3. In accordance with this Statute, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court if that person: (d) In any other way contributes to the commission or attempted commission of such a crime by a group of persons acting with a common purpose. Such contribution shall be intentional and shall either: (ii) Be made in the knowledge of the intention of the group to commit the crime;
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 5c
- Paragraph text
- 5. If, in the opinion of a State, disclosure of information would prejudice its national security interests, all reasonable steps will be taken by the State, acting in conjunction with the Prosecutor, the defence or the Pre-Trial Chamber or Trial Chamber, as the case may be, to seek to resolve the matter by cooperative means. Such steps may include: (c) Obtaining the information or evidence from a different source or in a different form; or
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 1a
- Paragraph text
- 1. In addition to other grounds for excluding criminal responsibility provided for in this Statute, a person shall not be criminally responsible if, at the time of that person's conduct: (a) The person suffers from a mental disease or defect that destroys that person's capacity to appreciate the unlawfulness or nature of his or her conduct, or capacity to control his or her conduct to conform to the requirements of law;
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 4
- Paragraph text
- 4. Judges assigned to the Appeals Division shall serve only in that division. Nothing in this article shall, however, preclude the temporary attachment of judges from the Trial Division to the Pre-Trial Division or vice versa, if the Presidency considers that the efficient management of the Court's workload so requires, provided that under no circumstances shall a judge who has participated in the pre-trial phase of a case be eligible to sit on the Trial Chamber hearing that case.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 7
- Paragraph text
- 7. Neither the Prosecutor nor a Deputy Prosecutor shall participate in any matter in which their impartiality might reasonably be doubted on any ground. They shall be disqualified from a case in accordance with this paragraph if, inter alia , they have previously been involved in any capacity in that case before the Court or in a related criminal case at the national level involving the person being investigated or prosecuted.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 9
- Paragraph text
- 9. After the charges are confirmed and before the trial has begun, the Prosecutor may, with the permission of the Pre-Trial Chamber and after notice to the accused, amend the charges. If the Prosecutor seeks to add additional charges or to substitute more serious charges, a hearing under this article to confirm those charges must be held. After commencement of the trial, the Prosecutor may, with the permission of the Trial Chamber, withdraw the charges.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 2
- Paragraph text
- 2. The Appeals Chamber shall reject the application if it considers it to be unfounded. If it determines that the application is meritorious, it may, as appropriate: (a) Reconvene the original Trial Chamber; (b) Constitute a new Trial Chamber; or (c) Retain jurisdiction over the matter, with a view to, after hearing the parties in the manner set forth in the Rules of Procedure and Evidence, arriving at a determination on whether the judgement should be revised.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 3
- Paragraph text
- 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.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 7
- Paragraph text
- 7. Where a State Party fails to comply with a request to cooperate by the Court contrary to the provisions of this Statute, thereby preventing the Court from exercising its functions and powers under this Statute, the Court may make a finding to that effect and refer the matter to the Assembly of States Parties or, where the Security Council referred the matter to the Court, to the Security Council.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 1
- Paragraph text
- 1. The Court may transmit a request for the arrest and surrender of a person, together with the material supporting the request outlined in article 91, to any State on the territory of which that person may be found and shall request the cooperation of that State in the arrest and surrender of such a person. States Parties shall, in accordance with the provisions of this Part and the procedure under their national law, comply with requests for arrest and surrender.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 6a
- Paragraph text
- 6. In cases where paragraph 4 applies except that the requested State is under an existing international obligation to extradite the person to the requesting State not Party to this Statute, the requested State shall determine whether to surrender the person to the Court or extradite the person to the requesting State. In making its decision, the requested State shall consider all the relevant factors, including but not limited to: (a) The respective dates of the requests;
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 7a
- Paragraph text
- 7. Where a State Party which receives a request from the Court for the surrender of a person also receives a request from any State for the extradition of the same person for conduct other than that which constitutes the crime for which the Court seeks the person's surrender: (a) The requested State shall, if it is not under an existing international obligation to extradite the person to the requesting State, give priority to the request from the Court;
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 1k
- Paragraph text
- 1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions: (k) The identification, tracing and freezing or seizure of proceeds, property and assets and instrumentalities of crimes for the purpose of eventual forfeiture, without prejudice to the rights of bona fide third parties; and
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 1l
- Paragraph text
- 1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions: (l) Any other type of assistance which is not prohibited by the law of the requested State, with a view to facilitating the investigation and prosecution of crimes within the jurisdiction of the Court.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. c
- Paragraph text
- Where a State Party receives a request under this Part in relation to which it identifies problems which may impede or prevent the execution of the request, that State shall consult with the Court without delay in order to resolve the matter. Such problems may include, inter alia: (c) The fact that execution of the request in its current form would require the requested State to breach a pre-existing treaty obligation undertaken with respect to another State.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 1
- Paragraph text
- 1. The Court may not proceed with a request for surrender or assistance which would require the requested State to act inconsistently with its obligations under international law with respect to the State or diplomatic immunity of a person or property of a third State, unless the Court can first obtain the cooperation of that third State for the waiver of the immunity.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 5
- Paragraph text
- 5. Any amendment to articles 5, 6, 7 and 8 of this Statute shall enter into force for those States Parties which have accepted the amendment one year after the deposit of their instruments of ratification or acceptance. In respect of a State Party which has not accepted the amendment, the Court shall not exercise its jurisdiction regarding a crime covered by the amendment when committed by that State Party's nationals or on its territory.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 1
- Paragraph text
- 1. This Statute shall be open for signature by all States in Rome, at the headquarters of the Food and Agriculture Organization of the United Nations, on 17 July 1998. Thereafter, it shall remain open for signature in Rome at the Ministry of Foreign Affairs of Italy until 17 October 1998. After that date, the Statute shall remain open for signature in New York, at United Nations Headquarters, until 31 December 2000.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 4
- Paragraph text
- 4. If no State is designated under paragraph 1, the sentence of imprisonment shall be served in a prison facility made available by the host State, in accordance with the conditions set out in the headquarters agreement referred to in article 3, paragraph 2. In such a case, the costs arising out of the enforcement of a sentence of imprisonment shall be borne by the Court.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 2
- Paragraph text
- 2. The conditions of imprisonment shall be governed by the law of the State of enforcement and shall be consistent with widely accepted international treaty standards governing treatment of prisoners; in no case shall such conditions be more or less favourable than those available to prisoners convicted of similar offences in the State of enforcement.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 2c
- Paragraph text
- 2. For the purpose of paragraph 1: (c) "Enslavement" means the exercise of any or all of the powers attaching to the right of ownership over a person and includes the exercise of such power in the course of trafficking in persons, in particular women and children;
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Women
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 2d
- Paragraph text
- 2. For the purpose of paragraph 1: (d) "Deportation or forcible transfer of population" means forced displacement of the persons concerned by expulsion or other coercive acts from the area in which they are lawfully present, without grounds permitted under international law;
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 2e
- Paragraph text
- 2. For the purpose of paragraph 1: (e) "Torture" means the intentional infliction of severe pain or suffering, whether physical or mental, upon a person in the custody or under the control of the accused; except that torture shall not include pain or suffering arising only from, inherent in or incidental to, lawful sanctions;
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 2f
- Paragraph text
- 2. For the purpose of paragraph 1: (f) "Forced pregnancy" means the unlawful confinement of a woman forcibly made pregnant, with the intent of affecting the ethnic composition of any population or carrying out other grave violations of international law. This definition shall not in any way be interpreted as affecting national laws relating to pregnancy;
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Women
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 2h
- Paragraph text
- 2. For the purpose of paragraph 1: (h) "The crime of apartheid" means inhumane acts of a character similar to those referred to in paragraph 1, committed in the context of an institutionalized regime of systematic oppression and domination by one racial group over any other racial group or groups and committed with the intention of maintaining that regime;
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 3
- Paragraph text
- 3. For the purpose of this Statute, it is understood that the term "gender" refers to the two sexes, male and female, within the context of society. The term "gender" does not indicate any meaning different from the above.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Gender
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 2d
- Paragraph text
- 2. For the purpose of this Statute, "war crimes" means: (d) Paragraph 2 (c) applies to armed conflicts not of an international character and thus does not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence or other acts of a similar nature.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 3
- Paragraph text
- 3. Nothing in paragraph 2 (c) and (e) shall affect the responsibility of a Government to maintain or re-establish law and order in the State or to defend the unity and territorial integrity of the State, by all legitimate means.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 2
- Paragraph text
- 2. The Court shall exercise jurisdiction over the crime of aggression once a provision is adopted in accordance with articles 121 and 123 defining the crime and setting out the conditions under which the Court shall exercise jurisdiction with respect to this crime. Such a provision shall be consistent with the relevant provisions of the Charter of the United Nations.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 2a
- Paragraph text
- 2. For the purpose of paragraph 1: (a) "Attack directed against any civilian population" means a course of conduct involving the multiple commission of acts referred to in paragraph 1 against any civilian population, pursuant to or in furtherance of a State or organizational policy to commit such attack;
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 3a
- Paragraph text
- 3. No person who has been tried by another court for conduct also proscribed under article 6, 7 or 8 shall be tried by the Court with respect to the same conduct unless the proceedings in the other court: (a) Were for the purpose of shielding the person concerned from criminal responsibility for crimes within the jurisdiction of the Court; or
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 2c
- Paragraph text
- 2. Challenges to the admissibility of a case on the grounds referred to in article 17 or challenges to the jurisdiction of the Court may be made by: (c) A State from which acceptance of jurisdiction is required under article 12.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 3
- Paragraph text
- 3. The Prosecutor may seek a ruling from the Court regarding a question of jurisdiction or admissibility. In proceedings with respect to jurisdiction or admissibility, those who have referred the situation under article 13, as well as victims, may also submit observations to the Court.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 7
- Paragraph text
- 7. If a challenge is made by a State referred to in paragraph 2 (b) or (c), the Prosecutor shall suspend the investigation until such time as the Court makes a determination in accordance with article 17.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 4
- Paragraph text
- 4. The State concerned or the Prosecutor may appeal to the Appeals Chamber against a ruling of the Pre-Trial Chamber, in accordance with article 82. The appeal may be heard on an expedited basis.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 7
- Paragraph text
- 7. A State which has challenged a ruling of the Pre-Trial Chamber under this article may challenge the admissibility of a case under article 19 on the grounds of additional significant facts or significant change of circumstances.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 1
- Paragraph text
- 1. The Court shall satisfy itself that it has jurisdiction in any case brought before it. The Court may, on its own motion, determine the admissibility of a case in accordance with article 17.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 4
- Paragraph text
- 4. Counsel, experts, witnesses or any other person required to be present at the seat of the Court shall be accorded such treatment as is necessary for the proper functioning of the Court, in accordance with the agreement on the privileges and immunities of the Court.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. undefined
- Paragraph text
- The judges, the Prosecutor, the Deputy Prosecutors, the Registrar and the Deputy Registrar shall receive such salaries, allowances and expenses as may be decided upon by the Assembly of States Parties. These salaries and allowances shall not be reduced during their terms of office.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 3
- Paragraph text
- 3. At the request of any party to a proceeding or a State allowed to intervene in a proceeding, the Court shall authorize a language other than English or French to be used by such a party or State, provided that the Court considers such authorization to be adequately justified.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 8a
- Paragraph text
- 8. (a) The States Parties shall, in the selection of judges, take into account the need, within the membership of the Court, for: (i) The representation of the principal legal systems of the world; (ii) Equitable geographical representation; and (iii) A fair representation of female and male judges.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 1a
- Paragraph text
- 1. The Prosecutor shall: (a) In order to establish the truth, extend the investigation to cover all facts and evidence relevant to an assessment of whether there is criminal responsibility under this Statute, and, in doing so, investigate incriminating and exonerating circumstances equally;
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 3c
- Paragraph text
- 3. The Prosecutor may: (c) Seek the cooperation of any State or intergovernmental organization or arrangement in accordance with its respective competence and/or mandate;
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 1c
- Paragraph text
- 1. The fact that a crime within the jurisdiction of the Court has been committed by a person pursuant to an order of a Government or of a superior, whether military or civilian, shall not relieve that person of criminal responsibility unless: (c) The order was not manifestly unlawful.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 3
- Paragraph text
- 3. The Presidency may, on the basis of the workload of the Court and in consultation with its members, decide from time to time to what extent the remaining judges shall be required to serve on a full-time basis. Any such arrangement shall be without prejudice to the provisions of article 40.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 9a
- Paragraph text
- 9. (a) Subject to subparagraph (b), judges shall hold office for a term of nine years and, subject to subparagraph (c) and to article 37, paragraph 2, shall not be eligible for re-election.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 1c
- Paragraph text
- 1. In respect of an investigation under this Statute, a person: (c) Shall, if questioned in a language other than a language the person fully understands and speaks, have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness; and
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 1d
- Paragraph text
- 1. In respect of an investigation under this Statute, a person: (d) Shall not be subjected to arbitrary arrest or detention, and shall not be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in this Statute.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 2c (i)
- Paragraph text
- 2. (c) (i) Once a proposal for an increase in the number of judges has been adopted under subparagraph (b), the election of the additional judges shall take place at the next session of the Assembly of States Parties in accordance with paragraphs 3 to 8, and article 37, paragraph 2;
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1998
- Paragraph type
- Article
Paragraph
Rome Statute of the International Criminal Court 1998, para. 3a
- Paragraph text
- 3. (a) The judges shall be chosen from among persons of high moral character, impartiality and integrity who possess the qualifications required in their respective States for appointment to the highest judicial offices.
- Body
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Document type
- International treaty
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
- Paragraph type
- Article
Paragraph