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Rome Statute of the International Criminal Court 1998, para. undefined
- Paragraph text
- Conscious that all peoples are united by common bonds, their cultures pieced together in a shared heritage, and concerned that this delicate mosaic may be shattered at any time,
- Organe
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Type de document
- International treaty
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 1998
- Date de modification
- 10 mars 2020
Paragraphe
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.
- Organe
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Type de document
- International treaty
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 1998
- Date de modification
- 10 mars 2020
Paragraphe
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;
- Organe
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Type de document
- International treaty
- Thèmes
- Civil & Political Rights
- Personnes concernées
- All
- Année
- 1998
- Date de modification
- 10 mars 2020
Paragraphe
Rome Statute of the International Criminal Court 1998, para. 2
- Paragraph text
- 2. If, upon investigation, the Prosecutor concludes that there is not a sufficient basis for a prosecution because: (a) There is not a sufficient legal or factual basis to seek a warrant or summons under article 58; (b) The case is inadmissible under article 17; or (c) A prosecution is not in the interests of justice, taking into account all the circumstances, including the gravity of the crime, the interests of victims and the age or infirmity of the alleged perpetrator, and his or her role in the alleged crime; The Prosecutor shall inform the Pre-Trial Chamber and the State making a referral under article 14 or the Security Council in a case under article 13, paragraph (b), of his or her conclusion and the reasons for the conclusion.
- Organe
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Type de document
- International treaty
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 1998
- Date de modification
- 10 mars 2020
Paragraphe
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.
- Organe
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Type de document
- International treaty
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 1998
- Date de modification
- 10 mars 2020
Paragraphe
Rome Statute of the International Criminal Court 1998, para. 7c (ii)
- 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: (ii) Amending a charge because the evidence submitted appears to establish a different crime within the jurisdiction of the Court.
- Organe
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Type de document
- International treaty
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 1998
- Date de modification
- 10 mars 2020
Paragraphe
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
- Organe
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Type de document
- International treaty
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 1998
- Date de modification
- 10 mars 2020
Paragraphe
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;
- Organe
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Type de document
- International treaty
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 1998
- Date de modification
- 10 mars 2020
Paragraphe
Rome Statute of the International Criminal Court 1998, para. 1b
- 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: (b) The arrest of the person appears necessary: (i) To ensure the person's appearance at trial, (ii) To ensure that the person does not obstruct or endanger the investigation or the court proceedings, or (iii) Where applicable, to prevent the person from continuing with the commission of that crime or a related crime which is within the jurisdiction of the Court and which arises out of the same circumstances.
- Organe
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Type de document
- International treaty
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 1998
- Date de modification
- 10 mars 2020
Paragraphe
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.
- Organe
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Type de document
- International treaty
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 1998
- Date de modification
- 10 mars 2020
Paragraphe
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).
- Organe
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Type de document
- International treaty
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 1998
- Date de modification
- 10 mars 2020
Paragraphe
Rome Statute of the International Criminal Court 1998, para. 2c
- 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: (c) Such documents, statements or information as may be necessary to meet the requirements for the surrender process in the requested State, except that those requirements should not be more burdensome than those applicable to requests for extradition pursuant to treaties or arrangements between the requested State and other States and should, if possible, be less burdensome, taking into account the distinct nature of the Court.
- Organe
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Type de document
- International treaty
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 1998
- Date de modification
- 10 mars 2020
Paragraphe
Rome Statute of the International Criminal Court 1998, para. 7
- Paragraph text
- 7. As an alternative to seeking a warrant of arrest, the Prosecutor may submit an application requesting that the Pre-Trial Chamber issue a summons for the person to appear. If the Pre-Trial Chamber is satisfied that there are reasonable grounds to believe that the person committed the crime alleged and that a summons is sufficient to ensure the person's appearance, it shall issue the summons, with or without conditions restricting liberty (other than detention) if provided for by national law, for the person to appear. The summons shall contain:
- Organe
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Type de document
- International treaty
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 1998
- Date de modification
- 10 mars 2020
Paragraphe
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.
- Organe
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Type de document
- International treaty
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 1998
- Date de modification
- 10 mars 2020
Paragraphe
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.
- Organe
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Type de document
- International treaty
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 1998
- Date de modification
- 10 mars 2020
Paragraphe
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
- Organe
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Type de document
- International treaty
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 1998
- Date de modification
- 10 mars 2020
Paragraphe
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.
- Organe
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Type de document
- International treaty
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 1998
- Date de modification
- 10 mars 2020
Paragraphe
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;
- Organe
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Type de document
- International treaty
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 1998
- Date de modification
- 10 mars 2020
Paragraphe
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.
- Organe
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Type de document
- International treaty
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- All
- Année
- 1998
- Date de modification
- 10 mars 2020
Paragraphe
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.
- Organe
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Type de document
- International treaty
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 1998
- Date de modification
- 10 mars 2020
Paragraphe
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 ;
- Organe
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Type de document
- International treaty
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 1998
- Date de modification
- 10 mars 2020
Paragraphe
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.
- Organe
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Type de document
- International treaty
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 1998
- Date de modification
- 10 mars 2020
Paragraphe
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;
- Organe
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Type de document
- International treaty
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 1998
- Date de modification
- 10 mars 2020
Paragraphe
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.
- Organe
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Type de document
- International treaty
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 1998
- Date de modification
- 10 mars 2020
Paragraphe
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
- Organe
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Type de document
- International treaty
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 1998
- Date de modification
- 10 mars 2020
Paragraphe
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.
- Organe
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Type de document
- International treaty
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 1998
- Date de modification
- 10 mars 2020
Paragraphe
Rome Statute of the International Criminal Court 1998, para. 1
- Paragraph text
- 1. The accused shall be present during the trial.
- Organe
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Type de document
- International treaty
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 1998
- Date de modification
- 10 mars 2020
Paragraphe
Rome Statute of the International Criminal Court 1998, para. 6c
- Paragraph text
- 6. At the hearing, the person may: (c) Present evidence.
- Organe
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Type de document
- International treaty
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 1998
- Date de modification
- 10 mars 2020
Paragraphe
Rome Statute of the International Criminal Court 1998, para. 5
- Paragraph text
- 5. Where the disclosure of evidence or information pursuant to this Statute may lead to the grave endangerment of the security of a witness or his or her family, the Prosecutor may, for the purposes of any proceedings conducted prior to the commencement of the trial, withhold such evidence or information and instead submit a summary thereof. Such measures shall be exercised in a manner which is not prejudicial to or inconsistent with the rights of the accused and a fair and impartial trial.
- Organe
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Type de document
- International treaty
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- All
- Families
- Année
- 1998
- Date de modification
- 10 mars 2020
Paragraphe
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.
- Organe
- United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court
- Type de document
- International treaty
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 1998
- Date de modification
- 10 mars 2020
Paragraphe