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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
- Date modified
- Feb 13, 2020
Paragraph
Rome Statute of the International Criminal Court 1998, para. 3
- Paragraph text
- 3. In order to convict the accused, the Court must be convinced of the guilt of the accused beyond reasonable doubt.
- 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
- Date modified
- Feb 13, 2020
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
- Date modified
- Feb 13, 2020
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
- Date modified
- Feb 13, 2020
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
- Date modified
- Feb 13, 2020
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
- Date modified
- Feb 13, 2020
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
- Date modified
- Feb 13, 2020
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
- Date modified
- Feb 13, 2020
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
- Date modified
- Feb 13, 2020
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
- Date modified
- Feb 13, 2020
Paragraph
Rome Statute of the International Criminal Court 1998, para. 2
- Paragraph text
- 2. The Court may not proceed with a request for surrender which would require the requested State to act inconsistently with its obligations under international agreements pursuant to which the consent of a sending State is required to surrender a person of that State to the Court, unless the Court can first obtain the cooperation of the sending State for the giving of consent for the surrender.
- 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
- Date modified
- Feb 13, 2020
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
- Date modified
- Feb 13, 2020
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
- Date modified
- Feb 13, 2020
Paragraph
Rome Statute of the International Criminal Court 1998, para. 1
- Paragraph text
- 1. This Statute shall apply equally to all persons without any distinction based on official capacity. In particular, official capacity as a Head of State or Government, a member of a Government or parliament, an elected representative or a government official shall in no case exempt a person from criminal responsibility under this Statute, nor shall it, in and of itself, constitute a ground for reduction of sentence.
- 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
- Date modified
- Feb 13, 2020
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
- Date modified
- Feb 13, 2020
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
- Date modified
- Feb 13, 2020
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
- Date modified
- Feb 13, 2020
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
- Date modified
- Feb 13, 2020
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
- Date modified
- Feb 13, 2020
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
- Date modified
- Feb 13, 2020
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
- Date modified
- Feb 13, 2020
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
- Date modified
- Feb 13, 2020
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
- Date modified
- Feb 13, 2020
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
- Date modified
- Feb 13, 2020
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
- Date modified
- Feb 13, 2020
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
- Date modified
- Feb 13, 2020
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
- Date modified
- Feb 13, 2020
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
- Date modified
- Feb 13, 2020
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
- Date modified
- Feb 13, 2020
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
- Date modified
- Feb 13, 2020
Paragraph