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Rome Statute of the International Criminal Court 1998, para. undefined
- Paragraph text
- The States Parties 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
- Date added
- Aug 19, 2019
Paragraph
Rome Statute of the International Criminal Court 1998, para. undefined
- Paragraph text
- Have agreed as follows :
- 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
- Date added
- Aug 19, 2019
Paragraph
Rome Statute of the International Criminal Court 1998, para. 2f
- Paragraph text
- 2. For the purpose of this Statute, "war crimes" means: (f) Paragraph 2 (e) 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. It applies to armed conflicts that take place in the territory of a State when there is protracted armed conflict between governmental authorities and organized armed groups or between such groups.
- 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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph
Rome Statute of the International Criminal Court 1998, para. a (i)
- 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: (i) That military commander or person either knew or, owing to the circumstances at the time, should have known that the forces were committing or about to commit such 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
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 1998
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph
Rome Statute of the International Criminal Court 1998, para. 1
- Paragraph text
- 1. As soon as possible after the election of the judges, the Court shall organize itself into the divisions specified in article 34, paragraph (b). The Appeals Division shall be composed of the President and four other judges, the Trial Division of not less than six judges and the Pre-Trial Division of not less than six judges. The assignment of judges to divisions shall be based on the nature of the functions to be performed by each division and the qualifications and experience of the judges elected to the Court, in such a way that each division shall contain an appropriate combination of expertise in criminal law and procedure and in international law. The Trial and Pre-Trial Divisions shall be composed predominantly of judges with criminal trial experience.
- 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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph
Rome Statute of the International Criminal Court 1998, para. 3e
- Paragraph text
- 3. In addition to its other functions under this Statute, the Pre-Trial Chamber may: (e) Where a warrant of arrest or a summons has been issued under article 58, and having due regard to the strength of the evidence and the rights of the parties concerned, as provided for in this Statute and the Rules of Procedure and Evidence, seek the cooperation of States pursuant to article 93, paragraph 1 (k), to take protective measures for the purpose of forfeiture, in particular for the ultimate benefit of victims.
- 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
- Date added
- Aug 19, 2019
Paragraph
Rome Statute of the International Criminal Court 1998, para. 6c
- Paragraph text
- 6. At the hearing, the person may: (c) Present 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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph
Rome Statute of the International Criminal Court 1998, para. 7a
- Paragraph text
- (a) The violation casts substantial doubt on the reliability of the evidence; 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
- Date added
- Aug 19, 2019
Paragraph
Rome Statute of the International Criminal Court 1998, para. 1
- Paragraph text
- 1. This article applies in any case where the disclosure of the information or documents of a State would, in the opinion of that State, prejudice its national security interests. Such cases include those falling within the scope of article 56, paragraphs 2 and 3, article 61, paragraph 3, article 64, paragraph 3, article 67, para-graph 2, article 68, paragraph 6, article 87, paragraph 6 and article 93, as well as cases arising at any other stage of the proceedings where such disclosure may be at issue.
- 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
- Date added
- Aug 19, 2019
Paragraph
Rome Statute of the International Criminal Court 1998, para. 5b
- 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: (b) A determination by the Court regarding the relevance of the information or evidence sought, or a determination as to whether the evidence, though relevant, could be or has been obtained from a source other than 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
- N.A.
- Year
- 1998
- Date added
- Aug 19, 2019
Paragraph
Rome Statute of the International Criminal Court 1998, para. 5d
- 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: (d) Agreement on conditions under which the assistance could be provided including, among other things, providing summaries or redactions, limitations on disclosure, use of in camera or ex parte proceedings, or other protective measures permissible under the Statute and 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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph