Implementation of the Rome Statute of the International Criminal Court Act — Part 1 | Act 27 of 2002 — South Africa law | Esheria

Implementation of the Rome Statute of the International Criminal Court Act

Part 1 of 2 · provisions 1–200

This section defines key terms used in the Act, including crimes against humanity, war crime, Central Authority, Court, property, the Statute, and the Constitution.

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South Africa
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Act 27 of 2002
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This section defines key terms used in the Act, including crimes against humanity, war crime, Central Authority, Court, property, the Statute, and the Constitution. Courts must consider international and foreign law, and may apply it when hearing matters arising from the Act where appropriate. This section states the Act’s objectives: to implement the Statute, support prosecutions and court action, and provide cooperation mechanisms including surrender, assistance, court sittings, and enforcement of sentences. The President may, at the Court’s request and by Gazette proclamation, declare a place in the Republic to be a seat of the Court. The section also sets out Court privileges/immunities and surrender procedures. People passing through the Republic in custody are treated as being in lawful custody, and the responsible cabinet member may designate detention facilities for that purpose. If the Court says a surrendered person is no longer needed, the Central Authority must notify the magistrate, who must cancel the surrender order and release the person if detained.

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Provisions of Implementation of the Rome Statute of the International Criminal Court Act

Showing 200 of 356

Part

CHAPTER 1

  1. 1

    In this Act. unlcas the context indicates otherwise-

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    AI-assisted research summary: This section defines key terms used in the Act, including crimes against humanity, war crime, Central Authority, Court, property, the Statute, and the Constitution.

    1. In this Act. unlcas the context indicates otherwise- in Part 2 of "a crime against humanit\." means any conduct referred to Schedule 1 : "a ~ v a r crime" me:in> :my conduct referred to in Part 3 of Schedule 1; "Central Authorit) '' 111eana the Director-General: Justice and Constitutional Dc\,elopment: "conti.;cation order" means any order issued by the Court aimed at recovering the proceeds of any crime or an offence within the jurisdiction of the Court or 20 thc \,a] uc of wch proceeds: "conwntional international international agreement that is in force in and binding on the Republic: "Court" means the International Criminal Court established by Article the Statute: laLv" means any commtion or treaty or other 1 of 15 25 mean\ the crime of genocide. crimes against humanity and war Constitution: in section in Part 1 of Schedule 1: crimes: "genocide" means an! conduct referred to "High Court" means an!' one of the High Courts contemplated 166fc) of the "magistrate" means a magistrate defined in section 1 of the Magistrates Act. 1993 (.4ct No. 90 of 1993): "National Director" means the National Director appointed i n terms of section l79( 1 )(a) of the Constitution: "prescribed" means prescribed "prisoner" means any person outside an). prison- ( a ) to serve a sentence in terms of any law; or f b ) by regulation in terms of this Act: who is being detained in custody within pending his or her trial or sentence for an offence committed under South of Public Prosecutions or domestic African lax.: 30 35 40 or "property" means money or any other movable. immovable. corporeal incorporeal thing and includes any interest thereon and all proceeds thereof; "regulation" means a regulation made under this iict: "restraint order" means any order issued b). the Court in respect of a crime or an offence within the jurisdiction of the Court. aimed at restraining any person 45 from dealing with any property; "Rules" means the Rules of Procedure and Evidence referred to in Article 5 1 of the Statute: "the Constitution" means the Constitution 1996 (Act "the Statute" means the Rome Statute adopted by the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court on 17 July 1998 and ratified by the Republic on 10 November 3000. a copy of the English text of w.hich is attached i n the of the Republic of South Africa, of the International Criminal Court, for information: of 1996): Annexure 50 55 108 No. (xx) "this Act" includes the regulations. 8 No. 23612 GAZETTE. GOVERNMENT 18 JULY 2002 Act No. 27,2002 IMPLEMENTATION OF THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT ACT. 2002 Applicable law

Part

Schedule 1 :

  1. 2

    In addition to the Constitution and the law, any competent court in the Republic

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    AI-assisted research summary: Courts must consider international and foreign law, and may apply it when hearing matters arising from the Act where appropriate.

    2. In addition to the Constitution and the law, any competent court in the Republic of this Act must also consider and, hearing any matter arising from the application where, appropriate, may apply- international ( a ) conventional (0) customary international law; and (c) comparable foreign law. law, and in particular the Statute; 5 20 and circumstances; to- Objects of Act
  2. 3

    The objects of this Act are-

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    AI-assisted research summary: This section states the Act’s objectives: to implement the Statute, support prosecutions and court action, and provide cooperation mechanisms including surrender, assistance, court sittings, and enforcement of sentences.

    3. The objects of this Act are- ( a ) to create a framework to ensure that the Statute is effectively implemented in 10 (0) the Republic; to ensure that anything done in terms of this Act conforms with the obligations of the Republic in terms of the Statute: (cJ to provide for the crime of genocide. crimes against humanity and war crimes: (cl) to enable, as far as possible and complementarity as referred to prosecuting authority of the Republic to prosecute and the High Courts of the Republic to adjudicate in cases brought against any person accused of having committed a crime in the Republic and beyond the borders of the Republic in certain in accordance with the principle in Article 1 of the Statute. the national of 15 ( e ) in the event of the national prosecuting authority declining or being unable to prosecute a person as contemplated in paragraph (d). to enable the Republic to cooperate with the Court in the investigation and prosecution of persons accused of having committed crimes or offences referred to in the Statute, and in particular (i) enable the Court to make requests for assistance; (ii) provide mechanisms for the surrender to the Court of persons accused of 25 having committed a crime referred to in the Statute; (iii) enable the Court to sit in the Republic: and or order made (iv) enforce any sentence imposed by the Court. 30 CHAPTER 2 JGRISDICTlON OF SOUTH AFRICAN COURTS AND INSTITUTION OF PROSECUTIONS IN SOUTH AFRICAN COURTS IN RESPECT OF CRIMES Jurisdiction of South African courts in respect of crimes 4. ( 1) Despite anything to the contrary in any other law of the Republic, any person 35 \vho commits a crime, is guilty of an offence and is liable on conviction to a fine or imprisonment. including imprisonment for life, option of a fine. or both a fine and such imprisonment. imprisonment without the or such ( 7 ) Despite any other law to the contrary. including customary and con1,entional that international law. the fact a person- ( a ) is or was a head of State or government, a member of a government or parliament. an elected representative or a government official: or ( h ) being a member of a security service or armed force, was under a legal obligation to obey a manifestly unlawful order of a government or superior, is neither- 40 45 ( i ) a defence to a crime; nor (ii) a ground for any possible reduction of sentence once a person has been convicted of a crime. (3) In order to secure the jurisdiction of a South African court for purposes of this Chapter, any person who commits a crime contemplated in subsection ( I ) outside the 50 territory of the Republic, is deemed to have committed that crime in the territory of the Republic if- ( a ) that person is a South African citizen: or I D No. 336-13 GOVERNhiENT GAZETTE. 18 JULY 2002 Act No. 27,2002 IMPLEMENTATION OF THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT ACT, 2002 Institution of prosecutions in South African courts 5. ( 1 ) No prosecution may be instituted against a person accused of having committed a crime without the consent of the National Director. ( 2 ) No prosecution may be instituted against a person accused of having committed a 10 crime if the crime in question is alleged to have commencement of the Statute. been committed before the ( 3 ) The Kational Director must. &,hen reaching a decision on whether to institute a prosecution contemplated Republic. i n the first instance and in line with contemplated in Article 1 of the Statute. has prosecute persons accused of having committed a crime. i n this section. give recognition to the obligation that the the principle of complementarity as 15 jurisdiction and the responsibility to (1) The Cabinet member responsible for the administration of justice must, in consultation \vith the Chief Justice of South Africa and after consultation National Director and. conduct a prosecution against any person accused of having committed a crime, in writing. designate an appropriate High Court with the in which to 20 Registrar the purposes for ( 5 ) If the National Director, for any reason, declines to prosecute a person under this section. he or she must provide the Central Authority with the full reasons for his or her decision and the Central Authority must forward that decision, together with the reasons, to Court. ( 6 ) A decision by the National Director not to prosecute a person under this section of the does not preclude the prosecution of that person in the Court. CHAPTER 3 FUNCTIONING, PRIVILEGES AND IhlhlUNITIES OF COURT IN AFRICA SOUTH Seat of Court in Republic 25 30

Part

CHAPTER 3

  1. 6

    The President may. at the request of the Court and by proclamation in the Gnxtre,

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    AI-assisted research summary: The President may, at the Court’s request and by Gazette proclamation, declare a place in the Republic to be a seat of the Court. The section also sets out Court privileges/immunities and surrender procedures.

    6. The President may. at the request of the Court and by proclamation in the Gnxtre, declare any place in the Republic to be a seat of the Court. Privileges and immunities of Court 7. (1 1 The Court has such rights and privileges of a South African court of law in the 35 Republic as may be necessary to enable it to perform its functions. (2) The judges. the Prosecutor. the Deputy Prosecutors and the Registrar of the Court, when performing their functions privileges as are accorded a representative of another state or government in terms of section 4(2) of the Diplomatic Immunities and Pri\.ileges Act, 2001 (Act No. 37 200 1 1. in the Republic. shall enjoy such immunities and of 40 (3) The Deputy Registrar, the staff of the Office of the Prosecutor and the staff of the Registry of the Court enjoy the privileges and facilities necessary for the performance of their functions in the Republic as may be published by proclamation in the Gazette in accordance with section 7(2) of the Diplomatic Immunities and Privileges Act, 2001. 45 (4) The Cabinet member responsible for foreign affairs may, after consultation with the Cabinet member responsible for the administration of justice and by notice in the Gazette, on such conditions as he or she considers necessary, confer immunities and privileges on any other member of the staff of the Court or any other person performing functions of this Act. 50 (5) The name of any person who enjoys immunities or privileges in terms of this section must be entered into the register contemplated in section 9( 1) of the Diplomatic 12 s o . 73632 GAZETTE. GOVERNMENT 18 JULY 2002 Act No. 27,2002 IMPLEMENTATION OF THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT ACT, 2002 Immunities and Privileges Act, 2001, and sections 9(2) and (3) ofthat Act apply with the necessary changes. CHAPTER 4 COOPERATION WITH AND ASSISTANCE TO COURT IN OR OUTSIDE SOUTH AFRICA 5 PART 1: COOPERATION WITH COURT ARREST OF PERSONS AND THEIR SURRENDERTOCOURT Endorsement of warrants of arrest 8. (1) Any request received from the Court for the arrest and surrender of a person for whom a warrant of arrest has been issued by the Court must be referred to the Central 10 to satisfy a Authority and accompanied by such documents as may be necessary competent court in the Republic that there are sufficient grounds for the surrender of that person to the Court. (3) The Central Authority must immediately on receipt of that request, forward the request and accompanying documents to a magistrate. who must endorse the warrant of 15 arrest for execution in any part of the Republic. Provisional warrants of arrest 9. ( 1 ) Where the Central Authority receives a request from the Court for the provisional arrest of a person who is suspected or accused of having committed a crime contemplated in the Statute or who has been convicted Authority must immediately forward the request to the National Director to apply for warrant of arrest for that person. by the Court, the Central a 20 ( 3 ) On an application by the National Director, or a person designated by him or her, stating under oath or affirmation that he or she has reason to believe that- the request of the Court has been made on grounds of urgency for the arrest of 2.5 is suspected or accused of having committed a person who contemplated in the Statute or who has been convicted by the Court; a warrant of arrest or a judgment of conviction against the person in question exists: a formal request for the surrender of the person to the Court will be made later: 30 the person concerned is in or on his or her n a y to the Republic: and the purpose of the arrest is to bring the person concerned before the Court or to take him or her to a place where he or she is to undergo imprisonment under a sentence of the Court. as the case may be. a crime a magistrate may issue a Lvarrant for the arrest of that person and notify the Central Authority that a warrant has been issued. 35 ( 3 ) Any warrant endorsed in terms of section 8 or issued in terms of subsection ( 2 ) must be in the form and executed in prescribed in respect of warrants of arrest in general by or under the laws of the Republic relating to a manner as near as possible to what may be 40 Proceedings before competent court after arrest for purposes of surrender 10. (1) Any person who detains a person under a warrant of arrest or a warrant for his or her further detention must, within 48 hours after that person’s arrest or on the date specified in the warrant for his or her further detention. as the case may be, bring that person before a magistrate in whose area of jurisdiction he or she has been arrested or 45 detained, whereupon that magistrate must, with a view to the surrender of that person to the Court. hold an inquiry in order to establish whether- to the person in question; ( a ) the warrant applies procedure. criminal Act No. 27. 2002 IMPLEMENTATION OF THE ROME STATUTE OF THE INTERSATIONAL CRIMINAL COURT ACT, 2001 (b) the person has been arrested in accordance with the procedures laid down by fc) domestic law; and the rights ofthe person. as contemplated in Chapter 2 ofthe Constitution, have been respected. if. and the extent to which, they are or may be applicable. at any time during the inquiry postpone that inquiry for purposes of consu~tation between the relevant authorities of the Republic and the Court nhere any problem is experienced with the execution of any request of the court for cooperation or judicial assistance. ( 2 ) The magistrate may in the manner ( 3 ) The magistrate holding in w3hich ;I the enquiry must proceed preparatory esalnillation is held under Chapter 20 of the Criminal Procedure Act. 1977 (Act NO. 5 I of 1977). and has. for the purposes of holding the inquiry. the Same po\lrers as he or she \votlld have had i n respect of a preparatory examination so held, including the power to commit any person lor further detention or to release such person on bail. ( 3 ) Any deposition. statement made under oath or an affirmation. uhether or not it was made in the presence of the person referred to in subsection ( I ), or any document. record or judgment of con\.iction or an!' warrant issued bj, the Court. or Liny copy or sworI1 translation thereof. ma) be recei\ ed in evidence at any such i11yuir!z. but a copy or swor11 translation thercof may only be received in evidence if such docunlent is certified as truc cop? or translation thereof b!' ajudge o f the Court or b!. Court authorised thereto by such judge. ;t Inember of the staff of the 5 10 15 20 ( 5 , If. after considering the e\idence adduced at the inquiry referred to in subsection ( 1 1. the magistrate is satisfied that the requirements of sLlbsection (l)(a) to ((,) have been complied with and that the person concerned may be surrendered to the Court- f a ) for prosecution in the Court for the alleged crime; (11) for the imposition o f a sentence by the Court for the crime in respect of which 25 the person has been convicted: ( c ) to s e n c a sentence already imposed by the Court, the magistrate must issue an order committing that person to prison pending his or her surrender to the Court. ( 6 ) The magistrate issuing the order of committal contemplated in subsection ( 5 ) or postponing the inquiry as contemplated in subsection ( 2 ) , must immediately forward to ths Central Authority a copy of the order o r reasons for the postponement, together with any other necessary report. ( 7 ) The inquiry contemplated in this section may be dispensed with if the person concerned agrees in Lvriting to his or her surrender to the Court. ( 8 ) ( a ) N o order for the surrender of any person nlay be executed- 30 35 ( i ) bsfore the period allo\\-ed for an appeal as contemplated in this section has expired. unless that person has \\.ai\ ed his or her right of appeal in writing: or ( i i ) before such an appeal has been disposed of. / / I ) An!, person against \?.horn an order has been issued under subsection (5) may. 40 within sewn days after the date of the order. appeal t o a High Court having jurisdiction against a decision of the magistrats Q hether one or more of the requirements referred to i n subsection ( 1 ) l u ) to ( c ) ha\^ been complied uith. r c ) The National Director ma!.. \jithin seven days after the date of a decision of a n q i s t r a t e not t o issue ;tn order committing a person to prison pending his or her surrender to the Court. a\ contemplated i n subsection (5). appeal against such a decision to :I High Court ha\,ing jurisdiction, 35 I t / ) On appeal such High Court must make a decision whether the requirements ret'crrcd t o i n huhhcction \ 1 )icr) to i c i . as appealed against. have been complied with and make a n order M hich. i n the opinion of the High Court in question. the magistrate should h:1ve made in the first place. 50 ( c ) If an appeal i n terms of- ( i ) paragraph ( 6 ) is upheld. the Registrar ofthe High Court concerned must notify the magistrate i n question accordingly, who niust. in turn. immediately cancel the order referred to in section lO(5). notify the Court thereof through the Central Authorit), and cause the person who lodged the appeal to be released from custody if he or she is in detention; (ii) paragraph (c) is upheld. the Registrar of the High Court concerned must notify the magistrate in question accordingly, who must, in turn, after causing 55 GOVERNMENT 23632 16 No. GAZETTE. 18 JULY 2002 Act No. 27,2002 IMPLEMENTATION OF THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT ACT. 2002 sufficient notice to be given to the person in question and Director, inform the person in question of the order of the High Court. to the National (f) Notice to the person in question as contemplated in paragraph (e)(ii) must be a written notice to that person calling upon him or her to appear at a stated place and time on a stated date in order that the magistrate can inform the person of the order of the High Court, as contemplated in paragraph (e)(ii), whereupon the provisions of sections 54(2) and 55( 1) and (2) of the Criminal Procedure Act, 1977 (Act No. 51 of 1977). apply with the necessary changes. ( 8 ) The Rules Board for Courts of Law established by section 2 of the Rules Board for Courts of Law Act, 1985 (Act No. 107 of 1985). must, within six months after the date of commencement of this Act, make and implement rules of procedure which provide for the expeditious and urgent finalisation of an appeal contemplated in this section. (11) Any rule made under paragraph in the Gazette. as contemplated in section 6(4) of the Rules Board for Courts of Law Act, 1985, be approved by P ;u 1' lament. I g ) must, before publication thereof (9) The fact that the person to be surrendered is a person contemplated in section 4(3)(a) or ( 1 7 ) does not constitute a ground for refusing to issue an order contemplated in subsection (5). Removal of persons surrendered 11. ( 1 ) Any person in respect of whom an order to be surrendered has been given 20 under section 10(5) or who agrees to his or her surrender, may be removed from the Republic i n the custody of a person authorized by the Court to receive him or her and if the person escapes while being 5 0 removed. he or she may be arrested without a warrant by any person. ( 2 ) Any person who- ( a i while being so removed, escapes or attempts to escape from custody; or ( h i rescues or attempts to rescue from custod), any person being so removed, is guilty of an offence and liable exceeding five years. on coniiction to imprisonment for a period not passage Entry and of persons in custody through Republic 25 30

Part

PART 1: COOPERATION WITH COURT ARREST OF PERSONS AND THEIR

  1. 12

    Any person entering and passing through the Republic

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    AI-assisted research summary: People passing through the Republic in custody are treated as being in lawful custody, and the responsible cabinet member may designate detention facilities for that purpose. If the Court says a surrendered person is no longer needed, the Central Authority must notify the magistrate, who must cancel the surrender order and release the person if detained.

    12. Any person entering and passing through the Republic in custody by virtue of any warrant or order lawfully issued by the Court is. during his or her passage through the i n lawful custody and may be held in Republic. and despite any other law. deemed to be any police cell, lock-up. prison or any other detention facility which may be designated by the Cabinet member responsible for the administration ofjustice, in consultation with 35 the Cabinet member responsible for correctional services or for safety and security. as the case may be. for that purpose. Discharge of persons not surrendered 13. ( 1 ) Where the Court informs the Central Authority that a person arrested in terms of this Act is no longer required to be surrendered to it or into the custody of a state for 40 purposes of serving a sentence imposed by the Court. as the case may be, the Central Authority must inform the magistrate who ordered the surrender accordingly. (2) The magistrate concerned must. on receipt of such notification, immediately to in section lO(5) and cause the person if he or she in detention. is cancel the order referred custody from released in question to be 45 18 No. 23642 Act No. 27, 2002 GOVERNMENT GAZETTE, I8 JULY 2003 IMPLEhlENTATION OF THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT ACT. 2002 PART 2: JUDICIAL ASSISTANCE TO COURT Areas of cooperation and judicial assistance

Part

PART 2: JUDICIAL ASSISTANCE TO COURT

  1. 14

    The relevant competent authorities in the Republic must, subject to the domestic

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    AI-assisted research summary: The competent authorities, the Central Authority, and magistrates must help the Court with requests, evidence, and witness-related steps, and certain noncompliance or false evidence is an offence.

    14. The relevant competent authorities in the Republic must, subject to the domestic law of the Republic and the Statute, cooperate with, and render assistance to, the Court in relation prosecutions and investigations following the in areas: to 5 10 judicial including 01’ documents, The identification and whereabouts of persons or the location of items; the taking of evidence, including testimony under oath, and the production of evidence, including expert opinions and reports necessary to the Court; the questioning of any person being investigated or prosecuted; the service documents; facilitating the voluntary appearance of persons as witnesses or experts before the Court: the temporary transfer of persons in custody for purposes of identification or for obtaining testimony or other assistance: the examination of places or sites, including the exhumation and examination 15 of grave sites: the execution of searches and seizures: the pro\ision of records and documents, including official records and documents: the protection of victims and witnesses and the preservation or seizure of proceeds, property and the identification. tracing and freezing assets and instrumentalities of crimes for the purpose of eventual forfeiture, without prejudice to the rights of h0170 fide third parties: and any other type of assistance which is not prohibited by law, with the view to facilitating the investigation and prosecution of crimes within the jurisdiction 25 of the Court. of evidence; 20 Request for assistance in obtaining evidence 15. ( 1 ) .4 request b> the Court for assistance in obtaining evidence in the Republic for use in the Court must be submitted in writing to the Central Authority. (2) Upon receipt of such request the Central Authority must satisfy itself that- 30 (cr) proceedings have been instituted ( h i there are reasonable grounds for believing that a crime has been committed in the Court; or u,ithin the jurisdiction of the Court: or ((‘1 an investigation in respect thereof is being conducted by the Prosecutor of the Court. 35 (3) For purposes of subsection (2), the Central Authority may rely on a certificate purporting to have been issued by a judge of the Court or the Prosecutor of the Court, confirming one or more of the requirements referred to in subsection ( 2 ) . (4) If the Central Authority is satisfied that one or more of the requirements as contemplated in subsection ( 2 ) have been complied with. contemplated in subsection ( 1 ) to the magistrate within whose area of jurisdiction the v,itnes resides or is believed to be present. as well as to the National Director. it must submit the request 40 Examination of witnesses 16. ( I ) The magistrate to whom a request has been forwarded in terms of section 15(4) must cause the person \vhose evidence is required, to be summoned to appear before him 45 or her to give evidence or to produce any book. document, or object. (2) A person referred to in subsection (1) must be summoned in the prescribed manner. (3) Upon the appearance of that person, the magistrate must administer an oath to or accept an affirmation from him interrogatories or otherwise, as if the said person were a witness in a competent South African court of law in proceedings similar to those in connection with which his or her evidence is required. evidence of that person upon or her and take the 50 (4) Upon completion of the examination of the witness, the magistrate taking the evidence must as soon as possible transmit to the Central Authority the record of the 55 20 !Go. 23642 Act No. 37,2002 GOVERNMENT GAZETTE, I8 JULY 2002 IMPLEMEhTATION OF THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT ACT, 2002 evidence certified by him or her to be correct, together with a certificate setting out the costs incurred i n connection with the execution of the Court's request, including any extraordinary costs which have emanated from the execution of that request. (5) If the services of an interpreter were used at the examination of the witness, the interpreter must. in the prescribed manner, certify that he or she has translated truthfully and to the best of his or her ability and that certificate must accompany the documents referred to in subsection ( 3 ) . 5 (6) The Central Authority must. on receipt of the documents referred to in subsections (4) and (5). submit them to the Registrar of the Court, indicating which costs emanating from the execution of the request, in its opinion. should be borne by the Court in terms of Article 100 of the Statute. I O Rights and privileges of witnesses before magistrate 17. ( 1 ) In respect of the giving of evidence or the production of any book, document or object at an examination in terms of section 16, the laws of the Republic relating to pri\.ilege applicabie to such appl),. a witness in a magistrate's court in similar proceedings ( 2 ) .4 person summoned to appear before a magistrate in terms of section 16 may be assisted by a legal practitioner in the proceedings contemplated in that section. 15 Offences by witnesses 18. ( I ) Any person summoned to appear before a magistrate to give evidence or 20 produce any b G O k , document or object, \vho-- f u i without sufficient cause, fails to attend at the time and place specified or to remain in attendance until the conclusion of the examination or until he or she is excused from further attendance examination: by the magistrate conducting the 35 0 7 , refuses to be sworn or to make an affrmation as a witness; ( c i having been sworn or having made an affirmation. fails to mswer any question put to him or her satisfdctorily: ! d l fails to produce any book. document or object in his or her possession or under his or her control, M hich he or she was summoned to produce, 30 is guilcy of an offence and liable on conviction to a fine, or to imprisonment for a period not exceeding five years. ( 2 ) Any person who. after having been sworn or having made an affirmation as contemplated in section 16i3). gives false evidence before a magiscrate knowing such evidence to be false or not knowing or belie\ing it to be true, is guilty of an offence and 35 iiable on conviction to the penalty which a competent South African court of law may impose for perjury. Attendance of witnesses in proceedings before Court 19. ( 1 1 A summons issued by a .judge of the Court or the Prosecutor of the Court for i n any proceedings before the Court, whether i n the 40 to the Central Authority by the person the attendance of any person Republic or elhewhere. must be transmitted receiving it in the Republic. ( 2 ) Upon receipt of such summons, the Central Authority must immediately transmit it to the mapistrate within whosc area of jurisdiction such person resides or is present. (3) Gpon receipt of the summons, the magistrate must, if satisfied that the summons 45 was issued by the Court, endorse it for service upon such person, whereupon it may be served as if it were a summons issued out of the court of such magistrate in proceedings similar to those in connection with which i t was issued. (4) Any person summoned under this section who, without sufficient cause, fails to attend at the time and place specified in the summons. is guilty of an offence and liable 50 on conviction to a fine. or to imprisonment for a period not exceeding 12 months. 22 K O . 2.1642 GOVERNMENT GAZETTE, I8 JULY 2002 Act No. 27, 2002 IMPLEMENTATION OF THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT ACT. 2002 ( 5 ) Any magistrate's court within whose area of jurisdiction the summons has been served or the person contravention of subsection (4). summoned resides, has jurisdiction to try such person for a (6) For the purposes of subsection (4), a return of service indicating that the summons was served properly on the person concerned, together with a certificate by a judge of the Court, to the effect that such person failed to appear at the time and place specified in the summons, is prima facie proof that the said person failed contemplated in that subsection. to appear as 5 Transfer of prisoner to give evidence or to assist in investigations
  2. 20

    Despite any other law-

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    AI-assisted research summary: This provision requires the Central Authority and police/correctional officials to handle prisoner-transfer requests and service of process, and sets steps for registering restraint orders and notifying the affected person.

    20. Despite any other law- 10 ( a ) where the Central Authority receives a request from the Court or the Prosecutor of the Court for the transfer of a prisoner in the Republic into the custody of thc Court, for the purpose of giving evidence or assisting in an investigation. the Central Authority must transmit the request to the Cabinet member responsible 15 for correctional services: ( h i if the prisoner consents to the transfer, the Commissioner of Correctional Services or any person authorised thereto by him or her in writing may issue the prescribed warrant for the transfer of the prisoner, into the custody of the Court in accordance with the arrangements made by the Cabinet member responsible for correctional services with the Registrar the Court; or the Prosecutor of 20 and f d ) ( c i any period of imprisonment served in the custody of the Court, by a prisoner transferred under this section, must be regarded as a period of imprisonment remaining term of served in the Republic for purposes of calculating the imprisonment of that the Commissioner of Correctional Services must, where term of imprisonment of the transferred prisoner will expire while that prisoner is still in the custody of the Court, in writing inform the Registrar of the date on which that term of imprisonment will expire. it appears that the person: documents and Service of process 25 30 21. ( I Upon receipt of a request by the Court for assistance in effecting the service of process or documents, except a summons contemplated in section 19(1), the Central Authority must send the request, together with the process or documents, to the National Commissioner of the South African Police Service for service on the person concerned. ( 2 ) The National Commissioner of the South African Police Service must cause the 35 process or documents to be served on the person concerned in the manner specified in the request. (31 The National Commissioner of the South African Police Service must send the return of s e n ice to the Central Authority for transmission to the Court. order Registration of restraint 40 23. ( 1 1 When the Central Authority receives a request from the Court for assistance in enl'orcin: a restraint order i n the Republic, it may lodge with the registrar of the High Cour~ i n hosc area o l jurisdiction the property is situated or present a certified copy of such order if the Central Authority is satisfied that the order is not subject to any review appeal or by the (cr) A concise statement of the purpose of the request, including the legal basis and following: supported request and that the 45 is the grounds for the request; (11) as much information as possible about the location or identification of the property i n question; of the essential facts underlying the request; i c . ) a concise statement ( d ) the reasons for and details of any procedure or requirement to be followed; 50 23 No. 23642 Act No. 27,2002 GOVERNLMENT GAZETTE, 18 JULY 2002 IMPLEMENTATION OF THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT ACT, 2002 (e) any other information that is available and may be relevant in the circumstances. (2) The registrar with whom a certified copy of a restraint order is lodged in terms of such order in respect of the subsection ( l ) , must. in the prescribed manner, register property which is specified therein. (3) The registrar registering a restraint order must immediately give notice in writing 5 to the person against whom the order has been made that the- ( a ) order has been registered at the High Court concerned; and ID) said person may, within the prescribed period and in the prescribed manner, apply to that court for the setting aside of the registration of the order. (4) ( a ) Where the person against whom the restraint order has been made is present in the Republic. the notice contemplated in subsection (3) must be served on such person in the prescribed manner. (hj Where the said person is not present in the Republic, he or she must be informed of the registration of the restraint order in the prescribed manner. Effect of registration of restraint order
  3. 23

    When any restraint order has been registered in terms of section 22, that order has

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    AI-assisted research summary: A restraint order registered under section 22 has the legal effect of a restraint order made by the High Court under the Prevention of Organised Crime Act, 1998.

    23. When any restraint order has been registered in terms of section 22, that order has the effect of ;I restraint order made by that High Court under the Prevention of Organised Crime Act. 1998 (Act No. 121 of 1998). aside Setting of registration of restraint order 10 15 20 24. ( 1 ) The registration of a restraint order in terms of section 22 must, on the application of the person against whom the order has been made, be set aside if the court at which the order was registered is satisfied that the- subject ( ( I ) order was registered contrary to a provision of this Act; to rcvien. or appeal; (11) order is ic) sentence or order i n support of which the restraint order was made, has been 25 satisfied in full. (2) The court hearing an application referred to in subsection (1) may at any time postpone the hearing of the application to such date as it may determine. order Registration of sentence uf fine or compensatory 30 25. ( 1 ) When the Central Authority receives a request from the Court for assistance in fine to which the Republic to recover a proceedings in the Court, as contemplated in Article 77, read with Article 109 of the Statute, or for the execution of an order for the payment of compensation for damages to any person made in such proceedings, as contemplated in Article 75 of the Statute, the 35 Central Authority must submit the request administration of justice for approval if the Central Authority is satisfied that the- to the Cabinet member responsible for the sentenced in criminal a person has been ( u ) sentence of a fine or order of compensation is final and not subject to review or appeal; ( b ) person on whom the sentence was imposed or against whom the order was 40 made, had the opportuniry of defending himself or herself: (c) sentence or order cannot be satisfied in full except by confiscating and realisin: property; and ( ~ i ) person concerned holds property in the Republic. (2) Upon receiving the approval of the Cabinet member responsible for the 45 administration of justice for execution of the sentence or compensatory order in the Republic, the Central Authority must lodge with the clerk or registrar, as the case may be. of a court in the Republic having jurisdiction, a certified copy of the document confirming the sentence or order and such clerk of the court or registrar must thereupon, in the prescribed manner, register the sentence thereunder as reflected in the said document. or order and the amount payable 50 (3) The clerk of the court or registrar, as the case may be, must immediately, in the prescribed manner, give written notice of the registration of the sentence or order to the person on whom it was imposed or against whom it was made or who has effective in property relevant control over the Republic. the 55 36 No. 113642 Act No. 27,2002 GAZETTE. GOVERNMENT 18 JULY 2002 IMPLEMENTATION OF THE ROME STATUTE OF THE 1NTERNATlONAL CRIMINAL COURT ACT, 2002 Effect of registration of sentence of fine or compensatory order 26. ( 1) When a sentence of a fine or compensatory order has been registered in terms of section 25. that sentence or order has the effect of a civil judgment of the court at which it has been registered, for the amount reflected therein in favour of the Republic, as represented by the Cabinet member responsible for the administration of justice. 5 ( 2 ) The Central Authority, subject to any agreement or arrangement between the Court and the Republic, must pay over to the Court any amount realised in the execution of a registered sentence or order, less all expenses incurred execution of such sentence or order. in connection with the Registration of confiscation order IO 27. ( 1 ) When the Central Authority receives a request for assistance in executing a confiscation order in the Republic made bl, the Court, it must submit that request to the Cabinet member responsible for the administration of justice for approval, if the Central Authority is satisfied that the- ( a ) order is final and subject not (6) person against whom the order \vas made had the opportunity of defending to review or appeal: 15 himself or herself: (c) order cannot be satisfied in full except by confiscating and realising property: ( d l order is enforceable by the Court: (e) person (fl request is supported by the following: in the Republic: and property holds concerned A concise statement of the purpose of the request. including the legal basis and the grounds for the request: as much information as possible about the location property in question; a concise statement of the essential facts underlying the request; the reasons for and details followed: any other information that is available and may circumstances. of any procedure or identification of the or requirement to be be relevant in the 70 25 30 ( 2 ) Upon receiving the approval for the (I). the Central administration of justice of the request contemplated in subsection Authority must lodge with the clerk or registrar, as the case may be. of a court in the Republic having jurisdiction. a certified copy of such confiscation order. of the Cabinet member responsible (3) When a certified copy of a confiscation order is lodged with a clerk or registrar of 35 a court. that clerk or registrar must, in the prescribed manner, register the confiscation order where the order was for the- ( 0 ) payment of money in respect of the balance of the amount payable thereunder; or (11) recovery of particular property in respect of the property which is specified 30 therein. (4) The clerk or registrar of the court registering a confiscation order must immediately issue a notice in writing, addressed to the person against whom the order has been made. to the effect that the- ( a ) order and concerned: has court the at registered been (Dj said person may. \vithin the prescribed period and i n the prescribed manner, apply to that court for the settinp aside of the registration of the order. the confiscation order has been made ( 5 ) ( a ) Where the person apainst whom is in subsection (4) must be served on manner. prescribed person present in the Republic, the notice contemplated such in the 45 50 ( h ) Where the said person is not present in the Republic, he or she must be informed of the registration of the confiscation order in the prescribed manner. 28 No. 23642 Act KO. 27,2002 GOVERNMENT GAZETTE, I8 JULY 2002 IMPLEMENTATION OF THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT ACT. 2002 Effect of registration of confiscation order 28. (1) When any confiscation order has been registered in terms of section 27, such order has the effect of a civil judgment of the court at which it has been registered in favour of the Republic, as represented the administration of justice. by the Cabinet member responsible for (2) A confiscation order registered in terms of section 27 may not be executed before the expiry of the period within which an application in terms of section 27(4)(h) for the setting aside of the registration may be made, or, if such application has been made, before the application has been finally decided. 5 (3) The Central Authority must, subject to any agreement or arrangement between the 10 Court and the Republic, pay confiscation order registered in connection with the execution of such order. over to the Court any amount terms of section 27. less all recovered in terms of a expenses incurred in Setting aside of registration of confiscation order 29. ( I ) On the application of a confiscation order in terms of section 27 has been made. such registration may be set aside if the court at which it was registered is satisfied that the- of any person against whom the registration 1 5 of this Act; ( a i order was registered contrary to a provision ( b ) order is subject to review or appeal: ( c ) person against whom the order was made, through no fault on his or her part, 20 did not appear at the proceedings concerned or did not receive notice of the said proceedings as prescribed by the Statute or Rules or, if no such notice has been prescribed, that he of such proceedings so as to enable him or her to defend himself proceedings; or or she did not receive reasonable notice or herself at the 25 ((1) order has already been satisfied. (2) The court hearing an application referred to in subsection (1) may at any time postpone the hearing of the application to such date as it may determine. Entry, search and seizure 30. ( 1 ) The Court or the Prosecutor of the Court must submit any request for 30 assistance in the entering and searching of premises, the search of a person and the seizure of a book. document or object that has a bearing on a crime or an offence committed within the jurisdiction of the Court, to the Central Authority in writing. ( 2 ) The request must contain sufficient information under oath or by way of affirmation that there are reasonable on a crime or an offence seizure of the book. document or object has a bearing committed within the jurisdiction of the Court and that an investigation or prosecution in respect thereof is being conducted by the Prosecutor of the Court. grounds for believing that the entry, search or 35 (3) On receipt of such request. the Central Authority must forward the request to the National Commissioner ofthe South African Police Service or a person designated by 40 him or her for that purpose, with a view to obtaining the necessary warrant required in the circumstances. ( 3 ) A magistrate orjudge of a High Court may, if it appears to such magistrate orjudge from the information submitted that there are reasonable grounds for believing that any book. document or object which has or prosecution 45 of any person or on or in any concerned, is in the possession or under the control premises within such magistrate’s warrant required in the circumstances. or judge’s area of jurisdiction, issue the necessary a bearing on the investigation ( 5 ) The w’arrant must clearly specify the acts which may be performed thereunder by police the whom officer to issued. it was (6) The warrant remains valid until- ( a ) it is executed; ( h ) it is cancelled by the person who issued it or by any person with similar authority: the expiry (c) ( d ) the purpose for which the warrant was issued no longer exists, of three months of its issue; from the date or whichever may occur first. 50 55 30 No. 23632 Act No. 27,2002 GAZETTE, GOVERNMENT 18 JULY 2002 IMPLEMENTATION OF THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT ACT. 2002 (7) A police officer must, immediately before executing the warrant- ( a ) identify himself or herself to the person referred to in the warrant or the owner or person in control of the premises, if such person is present; (171 hand to such person a copy of the warrant or, if the person is not present, affix on the to a prominent place and premises; copy that ( c ) supply such person at his or her request with particulars regarding his or her authority to execute the warrant. (8) An entry, search and seizure under this section must be- ( a ) conducted with strict regard to decency and order. including the protection of a person's right to dignity. freedom, security and privacy; and ( h ) executed by day unless the execution thereof by night is justifiable and necessary. 5 10 (9) The seizure of a book. document or object under this section must be effected by premises concerned or, if that removal is not reasonably removing it from the practicable. by sealing or otherwise safeguarding it on or in the premises. 15 ( N ) must. immediately before the entry, audibly ( 10) A police officer who may under this section enter and search any premises- to the premises and make known the purpose of the entry and search, unless there are reasonable grounds for believing that a book, document or object respect of which the search is being conducted, may be destroyed, disposed of 20 or tampered with if that admission is first demanded and that purpose is made known: demand admission in (Dl may use the force that is reasonably necessary to overcome resistance to the entry or search or the seizure of a book, document or object under this section; (ci may utilize or request the assistance of any person to identify any book, 25 document or object which has a bearing on the alleged crime or offence or to conduct the entry or search or the seizure of any book;, document or object under this section. ( 11) .4 person from whose possession or control a book. document or object has been removed under this section may, at his or her own expense and under the supervision of 30 a police officer, make copies thereof or excerpts therefrom. (12) A police officer who removes a book, document or object from any premises under this section must issue a receipt to the person who is the owner or in possession or in control thereof or, if that person is not present, affix it to a prominent place on the premises. ( 1 3) If. during the conduct of a search or the carrying out of a seizure under this section. a person claims that a book. document or object found on or in the premises contains pri\.ileged information and refuses the examination or removal of the book, document or ob,ject. the police officer conducting the search or carrying out the seizure must, if he or she is of the opinion that the information which has a bearing on the alleged document or object and submit it to the registrar of the High Court having jurisdiction for safe custodl. until a court of law has made a ruling information is privileged or not. crime or offence, seize the book, on the question whether the book, document or object contains 35 40 (14) If the information is found not to be privileged. the book, document or object 45 seized under this section must be handed over to the Court or Prosecutor of the Court, as the case may be. (15) If criminal proceedings. in respect of which a book. document or object has been seized under this section. are not instituted within a reasonable time after the seizure or, if it appears that the book. document or object is not required in criminal proceedings for 50 the purposes of evidence or an order of the Court. the Central Authority must request the Court or Prosecutor of the Court to return such book, document or object to the person from whom it was seized. (1 6) Any person who- No. 32 GAZEITE, 73642 GOVERNMENT 18 JULY 2002 Act No. 27,2002 IMPLEMENTATION OF THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT ACT, 2007 ( a ) obstructs or hinders a police officer or any other person in the performance of his or her functions in terms of this section; (6) when he or she is asked for information or an explanation relating to a matter within his or her knowledge, refuses or fails to give that information or explanation or gives information or misleading, knowing it to be false or misleading, or an explanation which is false 5 is guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding 15 years or to both such fine and such imprisonment. Designation of Republic as State in which sentences of imprisonment can be served 31. ( 1 ) In order to give effect to paragraphs 1 ( a ) and ( b ) of Article 103 of the Statute, 10 the Cabinet member responsible for correctional services. must, as soon as practicable after the commencement of this Act- ( a ) i n consultation with the Cabinet: and (17) with the approval of Parliament. inform the Court. through the Central Authority. whether the Republic can be placed on if so, of the conditions the list of States pertaining to such acceptance. w.illinp to accept sentenced persons. and ( 2 ) The processes in respect of an acceptance and the conditions pertaining to such acceptance. as contemplated in subsection ( I ) , apply uith the necessary changes in respect of a revocation of such acceptance or a variation in the conditions pertaining to such acceptance. 15 20 Enforcement of sentence of imprisonment 32. ( I ) If the Republic has been placed on the list of States contemplated in section 3 1 (1 ) and if the Court. in a particular case, as contemplated in paragraph l(c) of Article in which a person in the case in 103 of the Statute designates the Republic as a State question must serve a sentence of imprisonment. it must inform the Central Authority as soon as possible of such designation. ( 2 ) The Central Authority must forward such designation to the Cabinet member responsible for correctional services wh- ( n ) may accept or refuse the Court’s designation; and ( 6 1 through the Central Authority. must inform the whether the designation is accepted or not. Court as soon as possible (3) ( a ) Any person referred to in subsection (1) must, subject to paragraph (0). be committed to a prison in the Republic after the designation referred to in subsection ( 2 ) has been accepted and a warrant for his or her detention lan?fuliy issued by the Court is deemed to be a valid warrant for the purposes of section 6 of the Correctional Services .4ct, 1998 (Act No. 111 of 1998). ( 1 7 ) If the Court. at any time. decides to in in consultation paragraph ( a ) to a prison of another State. the Central Authority must, with the Commissioner of Correctional Services and the Registrar of the Court, arrange for the removal of that person from the Republic in the custody of a person authorised by the Court and the provisions of section 12 apply with the necessary changes. t o transfer a sentenced person referred (4) ( a ) Subject to paragraphs (17) and (c). the provisions of the Correctional Services to a person contemplated in of the Republic apply Act. 1998, and the domestic law subsection (3). (0) The sentence of imprisonment referred to in subsection (1) may only be modified by the relevant authorities in the Republic at the request of the Court, as a result of an or review by, the Court in terms of the appeal by the person serving the sentence to, Rules. (c) The relevant authorities communication between persons ( 3 ) ( a ) and the Court can take place freely and confidentially. serving a sentence as contemplated in the Republic must, as far as possible. ensure that in subsection 25 30 3s 40 45 50 34 GAZETTE, GOVERNMENT No. 13641 18 JULY 2002 Act No. 27,2002 IMPLEMENTATION OF THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT ACT. 1003 CHAPTER 5 MISCELLANEOUS President may enter into agreements 33. (1) The President. as head of the national executive, may, on such conditions as he or she deems fit, enter into any agreement with the Court. including any agreement relating to the provision of assistance to the Court, and he or she may agree to any amendment or revocation of such agreement. (2) The provisions of section 23 1 of the Constitution apply to an agreement referred 5 in subsection ( 1 ). ( 3 ) Any agreement contemplated in subsection (1) and any amendment or revocation 10 thereof must be published by the Cabinet member responsible for the administration of justice by notice in the Gacerre. Admissibility of documents

Part

CHAPTER 5

  1. 34

    Any deposition. affidavit. record of any conviction or any document confirming

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    AI-assisted research summary: Certain documents may be received as evidence in proceedings under this Act if they are authenticated in one of the stated ways.

    34. Any deposition. affidavit. record of any conviction or any document confirming any order of the Court or any copy or sworn translation thereof, may be received evidence at any proceedings in terms of a provision of this Act if it is- in 15 ( n J authenticated in the manner in which foreign documents are authenticated to enable them to be produced in any court in the Republic; ( b ) signed by a judge of the Court or any person authorised thereto; or (c) authenticated in the manner provided for in any agreement with the Court. 20 Act not to limit provision of other assistance
  2. 35

    Nothing in this Act may be construed so as to pre\,ent or abrogate or derogate from

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    AI-assisted research summary: This section says the Act should not be read to prevent, remove, or limit any existing arrangement or practice for providing assistance to the Court outside the Act’s specified method.

    35. Nothing in this Act may be construed so as to pre\,ent or abrogate or derogate from any arrangement or practice for the provision of assistance to the Court otherwise than in the manner provided for by this Act. Conversion of currencies 25
  3. 36

    If any amount payable in terms of an order registered under section 25 or 27 is

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    AI-assisted research summary: Amounts payable under an order registered under section 25 or 27 that are stated in a foreign currency must be converted into the Republic’s currency using the exchange rate that prevailed on the date the order was registered in the Republic.

    36. If any amount payable in terms of an order registered under section 25 or 27 is expressed in a currency other than that of the Republic, such amount must be converted into the currency of the Republic on the basis of the exchange rate which prevailed on the date on lvhich the order in question was registered in the Republic. Offences against administration of justice in terms of Statute 30 37. ( I ) Any person who- ( a i in the Republic: or ( b ) outside the territory of the Republic and uho- ii) is a South African citizen: iii) is not a South African citizen Republic: but a h o is ordinarily resident in the 35 (iii) after the commission of the offence. is present in the territory of the Republic; and ( C J during his or her interaction, in any matter whatsoever, with the Court, in respect of any matter over which the Court has jurisdiction the Court is functioning in the Republic or not, intentionally- (i) gives false evidence when under an obligation to tell the truth pursuant to and whether or not 40 paragraph 1 of Article 69 of the Statute: (ii) presents evidence that he or she knows is false or forged; (iii) corruptly influences a witness, obstructs or interferes with the attendance 45 or evidence of a witness, retaliates against a witness for giving evidence or destroys, tampers with or interferes with the collection of evidence; 36 No. 23612 GOVERNMENT GAZETTE, 18 JULY 2002 Act No. 27,2002 IMPLEMENTATION OF THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT ACT, 2001 (iv) impedes, intimidates or corruptly influences an official of the Court for to perform, or to the purpose of forcing or persuading the official not perform his or her duties improperly; (v) retaliates against an official of the Court on account of duties performed by that or another official; 5 (vi) solicits or accepts a bribe as an official of the Court in connection with his or her official duties, is guilty of an offence and liable on conviction to a fine or imprisonment for a period not exceeding five years, or to both a fine and such imprisonment. (3) A prosecution may only be instituted against a person referred to in this section- 10 ( a ) with the consent of the National Director; and (!I) at the request of the Court through the Central Authority. (3) The Cabinet member responsible for the administration of justice must, in consultation with the Chief Justice National Director and, Court as contemplated in section 166(cl/ of the Constitution in which to conduct a prosecution against any person against whom a prosecution is instituted in terms of this section. in kvriting. designate an appropriate High Court or Magistrates 15 of South Africa and after consultation with the (4) If the National Director declines to prosecute a person under this section, he or she must provide the Central Authority with Central Authority must forward that decision. together with the reasons, to the Registrar of the Court. full reasons for his or her decision and the 20 Regulations 38. ( 1 ) The Cabinet member responsible for the administration of justice may make regulations regarding- 25 ( u ) any matter which is required or permitted by this Act to be prescribed; or 0 1 ) any administrative or procedural matter necessary to give effect to the pro\%ions of this Act. ( 2 ) A regulation made under subsection ( I ) may prescribe a penalty of a fine or of a period of imprisonment for a period not exceeding 12 months for any contravention thereof or failure to comply therewith. 30 Amendment of laws
  4. 39

    The l a w referred to in Schedule 2 are hereby amended to the extent indicated in

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    AI-assisted research summary: The laws referred to in Schedule 2 are amended as set out in the third column of that schedule.

    39. The l a w referred to in Schedule 2 are hereby amended to the extent indicated in the third column thereof. commencement Short title and 35
  5. 40

    This Act is called the Implementation of the Rome Statute of the International

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    AI-assisted research summary: This section names the Act and says it starts on a date set by the President by proclamation in the Gazette.

    40. This Act is called the Implementation of the Rome Statute of the International Criminal Court .4ct. 2002. and comes into operation on a date fixed by the President by proclamation in the Co:ette. 38 No. 23642 GAZETTE, GOVERNMENT 18 JULY 2002 SCHEDULE 1 CRIMES (Sections l(vii) and 4( 1)) PART 1: GENOCIDE: “Genocide” means any of the following conduct committed with intent to destroy, whole or in part, a national. ethnic. racial or religious group, as such: in ( a ) Killing members of the group: (b) causing serious bodily harm or mental harm to members of the group; fc) 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 t o another group. or PART 2: CRIMES AGAINST HUMANITY 1. “A crime against humanit!,” means any of the following conduct when committed as part of a widespread or systLmatic attack directed against any civilian population, with knowledge of the attack: Murder: extermination; enslavement: deportation or forcible transfer of population: imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law: torture: rape. sexual sla\,ery, enforced prostitution. forced pregnancy, enforced sterilisation or any other form of sexual violence of comparable gravity; persecution against any identifiable group or collectivitiy on political, racial, as defined in item 3. or other national. ethnic. cultural. religious. gender grounds that are universally recognised as impermissible under international law, in connection with any act referred to in this item or any crime within the jurisdiction of the Court: enforced disappearance of persons; the crime of apartheid; or other inhumane suffering or serious iniurv to body or to mental or physical health. intentionally causing great acts of a similar character

Part

PART 2: CRIMES AGAINST HUMANITY

  1. 9

    For the purpose of item 1 of chis Part:

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    AI-assisted research summary: This section defines several terms used for item 1, including attack against civilians, extermination, enslavement, deportation or forcible transfer, torture, forced pregnancy, persecution, apartheid, and enforced disappearance.

    9 . For the purpose of item 1 of chis Part: ( a ) “attack directed against any civilian population” means a course of conduct involving the multiple commission of acts of conduct referred to in item 1 of this Part against any ci\ilian population. pursuant to or in furtherance of a State or organisational polic). to commit such attack; ( 1 7 ) “extermination“ includes the intentional infliction of conditions of life. ir7ter alia, the deprivation of access to food and medicine. calculated to bring about the destruction of part of a population: ( 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; ( 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, uithout grounds permitted under interna- tional law; (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 40 GAZETTE, GOVERNMENT No. 23642 18 JULY 2002 ~~ ~ Act No. 27,2002 IMPLEMENTATION OF THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT ACT, 1002 of affecting the ethnic way be interpreted as affecting national accused; except that torture shall not include pain arising only from, inherent in or incidental to, lawful sanctions; “forced pregnancy” means the unlawful confinement of a woman forcibly composition of any made pregnant, with the intent population or carrying out other grave violations of international law. This laws definition shall not in any relating to pregnancy; of fundamental “persecution” means the intentional and severe deprivation rights contrary to international law by reason of the identity of the group or collectivity: of conduct of a character “the crime of apartheid” means inhumane acts similar to those referred to in item 1 of this Part, committed in the context of an institutionalised 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; and “enforced disappearance of persons” means the arrest, detention or abduction of persons by. or with the authorisation, support or acquiescence of a State or a political organisation. 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 prolonged period of time. of removing them from the protection of the law for a
  2. 3

    It is understood-that the term “gender” refers to the two sexes, male and female,

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    AI-assisted research summary: This provision defines “gender” and sets out what counts as “war crimes.”

    3. It is understood-that the term “gender” refers to the two sexes, male and female, within the context different from the above. of society. The term “gender” does not indicate any meaning P.4RT 3: WAR CRIMES: “War crimes” mean any of the following: ( [ I ) Grave breaches of the Geneva Conventions of 12 August 1949, namely. any of the following conduct against persons provisions of the relevant Geneva Conventions: (i) Wilful killing; (ii) (iii, wilfully (iv) extensive destruction and appropriation torture or inhuman treatment. including biological causing great suffering, or serious injury to body or health; of property, not justified by or property protected under the experiments: military necessity and carried out unlawfully and wantonly: (v) compelling a prisoner of war or other protected persons to serve in the forces of a hostile power; (vi) willfully depriving a prisoner of war or other protected persons of the rights of fair and regular trial; (vii) unlawful deportation or transfer or unlawful confinement; or (viii) taking of hostages. (D) 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 conduct: (i) Intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part in the 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 given to civilians or civilian objects they are entitled to the protection under the international law of armed conflict; intentionally launching an attack in the knowledge that such attack will cause incidental loss of life or injury to civilians or damage to civilian (iv) 42 No. 23612 GAZETTE, GOVERNMENT 18 JULY 2002 Act No. 27,2002 IMPLEMENTATION OF THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT ACT, 2002 (v) (vi) (vii) (viii) (ix) (x) (si) (xii (xiii) (xiv) (xv) (xvi) ixvii j (xviii) (xix) ( X X ) to religion, to the concrete or charitable purposes, historic monuments, objects or widespread, long-term and severe damage to the natural environment which would be clearly excessive in relation and direct overall military advantage anticipated; attacking or bombarding, by whatever means, towns, villages, dwellings or buildings which are undefended and which are not military objectives; killing or wounding a combatant who, having laid down his or her arms or having no longer means of defence, has surrendered at discretion; making improper use of a flag of truce, of the flag or of the military as well as of insignia and uniform of the enemy or of the United Nations, the distinctive emblems of the Geneva Conventions, resulting in death or serious personal injury; 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; intentionally directing attacks against buildings dedicated education, art. science hospitals and places where the sick and wounded are collected, provided they are not military objectives; 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 neitherjustified 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; killing or wounding treacherously individuals belonging nation or army: declaring that no quarter will be given; destroying or seizing the enemy's property unless such destruction seizure be imperatively demanded by the necessities of war; declaring abolished, suspended or inadmissible in rights and actions of the nationals of the hostile party; compelling the nationals of the hostile party to take part in the operations of war directed against their belligerent's service before the commencement of the war; pillaging a town or place, even when taken by assault; employing poison or poisoned weapons: employing asphyxiating, poisonous liquids. materials or devices; 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 uith incisions; 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 law of armed conflict. provided that such weapons. projectiles and material and methods a comprehensive of warfare are the subject of prohibition and are included in an annex to the Statute by an amendment in accordance with the relevant provisions set out in Articles 121 and 123 of the Statute; in violation of the international own country. even if they were or other gases, and all analogous a court of law the to the hostile in the or (xxi) committing outages upon personal dignity, in particular humiliating and degrading treatment; (xxii) committing rape, sexual slavery, enforced prostitution. forced pregnancy as defined in paragraph ( f ) of item 2 of Part 2 , enforced sterilisation, or any other form of sexual violence also constituting a grave breach of the Geneva Conventions; 33 GOVERNMENT No. 23642 GAZETTE, IS JULY 2002 ~~ Act No. 27,2002 IMPLEMENTATION OF THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT ACT, 2002 (xxiii) utilising 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 wilfully impeding relief supplies as provided for under the Geneva Conventions; or to their survival, including (xxvi) conscripting or enlisting children under the age of 15 years into the national armed forces or using them to participate actively in hostilities. In the case of an armed conflict not of an- international character. serious violations of Article 3 common to the four Geneva Conventions of 12 August 1949. namely. any of the following conduct committed against persons taking no active part in the hostilities. including members of armed forces who have laid down their arms and those placed hors de cnmlmt by sickness, wounds. detention or any other cause: ( i ) Violence to life and person. in particular murder of all kinds. mutilation, cruel treatment and torture: ( i i ) committing outrages upon personal dignity. in particular humiliating and degrading treatment; (iii) taking of hostages; or (iv) the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, afford- ing all judicial guarantees which are generally recognised as indispens- able. to armed conflicts not of an international Paragraph (c) of this Part applies 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. Other serious violations of the laws and customs applicable in armed conflicts not of an international character. within the established framework of international law, namely. any of the following conduct: ( 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 buildings, material, medical units and transport. and personnel using the distinctive emblems of the Geneva Conventions in conformity with international law; (iii) intentionally directing attacks against personnel. installations, material, to the protection given to civilians 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 under the international law of armed conflict; ( i v ) intentionally directing attacks against buildings dedicated to religion, education. art. science monuments. hospitals and places where the sick and wounded are collected. provided they are not military objectives; or charitable purposes, historic or civilian objects ( v ) pillaging a town or place, even when taken by assault; (1.i) committing rape, sexual slavery. enforced prostitution, forced pregnancy as defined in paragraph cf) of item 2 of Part 2 . enforced sterilisation and any other form of sexual violence also constituting a serious violation Of Article 3 common to the four Geneva Conventions: (vii) conscripting or enlisting children under the age of 15 years into armed forces or groups or using them to participate actively in hostilities; 46 No. 23612 GOVERNMENT GAZETTE, I 8 JULY 2002 Act No. 27,2002 IMPLEMENTATION OF THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT ACT, 2002 ~~ ~~ ~ ~ ordering the displacement of the civilian population for reasons related to the conflict. unless the security of the civilians involved or imperative military reasons so demand; killing or wounding treacherously a combatant adversary; declaring that no quarter will be given; subjecting persons who are in the power of another party to the conflict 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, which cause death to or seriously endanger the health of such person or persons; or destroying or seizing the property destruction or seizure be imperatively demanded by the necessities of the confict. of an adversary unless such ( f ) Paragraph (e) of this Part 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 a protracted armed conflict between governmental authorities and organised armed groups or between such groups. 38 No. 23632 Act No. 27,2002 GOVERNMENT GAZETTE, 18 JULY 2002 IMPLEMENTATION OF THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT ACT, 2002 SCHEDULE 2 LAWS AMENDED (Section 39) Vo. and pear of law short title Extent of amendment 4ct No. 5 I of 1977 liminal Procedure Act, 1977 4ct No. 16 of 1999 vIilitary Discipline Supple- nentary Measures Act. 1999 The amendment of section 18 ~y the addition after para- gaph If) of the following magraph: “ ( g ) the crime of genocide. crimes against hu- manity and war crimes, as contem- plated in section 4 of the Implementation of the Rome Statute of the International Criminal Court Act, 2002.”. rhe amendment of section 3 by the addition after subsec- tion (3) of the following sub- jection: ‘. (4) When a person who is subject to the Code is suspected of having com- mitted a crime contem- plated in section 4 or an offence contemplated in section 37 of the Imple- mentation of the Rome Statute of the International Criminal Court Act, 2002, the matter must be dealt with in accordance with that Act.”. so K O . 13642 GOVERNMENT GAZETTE, 18 JULY 7001 Act No. 27, 2002 IMPLEMENTATION OF THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL. COURT ACT. 2002 ANNEXURE ROhlE STATUTE OF THE INTERNATIONAL CRIMINAL COURT (Section l(xix). annexed for purposes of information) PREAMBLE The States Parties to this Statute. Conscious that all peoples are united by comnmn bonds. their cultures pieced together in a shared heritage. and concerned that this tlme. delicate mosaic may be shattered at any Mindful that during this century millions of children. women and men have been victims of unimaginable atrocities that deeply shock the conscience of humanity. Affirming that the most serious crimes of concern to the international community as a whole must not go unpunished and that their effective prosecution must be ensured by taking tneasurcs at the national level and by enhancing international cooperation, Determined to put an end to impunity for the perpetrators of these crimes and thus to contribute to the prevention of such crimes. Recalling that it is the duty of every State to exercise its criminal jurisdiction over those responsible for international crimes, Reaffirming the Purposes and Principles of the Charter of the United Nations. and in particular that all States shall refrain from the threat or use of force against the territorial integrity or political independence of any State. or in any other manner inconsistent with the Purposes of the United Nations, Emphasizin: as authorizing any State Part), to intervene in an armed conflict or in the internal affairs of a n j State. i n this connection that nothing in this Statute shall be taken Determined to these ends and for the sake of present and future generations, to establish an independent permanent International Criminal Court in relationship with the United Nations system. nithjurisdiction over the most serious crimes of concern to the international community as a whole. Empllasizing that the International Criminal Court established under this Statute shall be complementary to national criminal jurisdictions. Resolwd to guarantee lasting respect for and the enforcement of international justice, PART 1. ESTABLISHMENT OF THE COURT Article I The Court 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. 52 No. 2.3642 GOVERNMENT GAZETTE. 18 JULY 2002 Act No. 27,3002 IMPLEMENTATION OF THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT ACT, 2002 Article 2 Relationship of the Court with the United Nations 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. Article 3 Seat of the Court

Part

PART 1. ESTABLISHMENT OF THE COURT

  1. 1

    The seat of the Court shall be established at The Hague in the Netherlands (“the host

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    AI-assisted research summary: The Court’s seat must be established in The Hague, Netherlands.

    1 . The seat of the Court shall be established at The Hague in the Netherlands (“the host State” ).
  2. 2

    The Court shall enter into a headquarters agreement

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    AI-assisted research summary: The Court must enter into a headquarters agreement, subject to approval by the Assembly of States Parties and conclusion by the President of the Court with the host State.

    2. The Court shall enter into a headquarters agreement be approved by the Assembly of States Parties and thereafter concluded by the President of the Court on its behalf. Lvith the host State. to
  3. 3

    The Court may sit elsewhere. whenever it considers it desirable, as provided in this

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    AI-assisted research summary: The Court may sit elsewhere when it considers that desirable, if allowed by the Statute.

    3. The Court may sit elsewhere. whenever it considers it desirable, as provided in this Statute. Article 1 L e a l status and powers of the Court 1 , The Court shall have international legal personality. legal capacit!, as ma! be necessary for the exercise of its functions and the fulfilment of its purposes. It shall also have such
  4. 2

    The Court may exercise its functions and powers. as provided in this Statute, on the

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    AI-assisted research summary: The Court may exercise its functions and powers as provided in the Statute, including on the territory of any State Party and, by special agreement, on the territory of another State.

    2. The Court may exercise its functions and powers. as provided in this Statute, on the territor!, of any State Party and, by special agreement. on the territory of any other State. PART 2. JURISDICTION. ADMISSIBILITY AND APPLICABLE LAW Article 5 Crimes within the jurisdiction of the Court

Part

PART 2. JURISDICTION. ADMISSIBILITY AND APPLICABLE LAW

  1. 1

    The jurisdiction of the Court shall be limited to the most serious crimes of concern to

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    AI-assisted research summary: The Court’s jurisdiction is limited to the most serious international crimes, including genocide, crimes against humanity, war crimes, and aggression.

    1 . The jurisdiction of the Court shall be limited to the most serious crimes of concern to the international community as a \vhole. The Court has jurisdiction in accordance with this Statute with respect to the folloLving crimes: ( a ) The crime of genocide: (b) Crimes against humanity: (c) War crimes: ( d ) The crime of aggression.
  2. 2

    The Court shall exercise jurisdiction over the crime of aggression once a provision is

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    AI-assisted research summary: The Court may exercise jurisdiction over the crime of aggression only after a further provision is adopted under articles 12 I and 123 and sets the conditions for that jurisdiction.

    2. The Court shall exercise jurisdiction over the crime of aggression once a provision is adopted in accordance with articles 12 I 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 Nationc. Article 6 Genocide For the purpose of this Statute, “genocide” means committed with intent to destroy, in whole or religious group, as such: any of the following acts in part, a national, ethnical, racial or (a) Killing members of the group: (b) Causing serious bodily or mental harm to members of the group;
  3. 51

    No. 71617

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    AI-assisted research summary: This provision lists acts described under Article 7 crimes against humanity.

    51 No. 71617 Act No. 27, 2002 GOVERNhlENT GAZETTE. 18 JULY 2002 IMPLEMENTATION OF THE ROME STATUTE OF THE INTERNATIONAL CRIhllNAL COURT ACT, 2007 (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. Article 7 Crimes against humanity
  4. 1

    For the purpose of this Statute, ”crime against humanity” means any of the following

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    AI-assisted research summary: This section defines “crime against humanity” as certain acts committed as part of a widespread or systematic attack against any civilian population, with knowledge of the attack.

    1. For the purpose of this Statute, ”crime against humanity” means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population. with knowledge of the attack: liberty in violation of (a) Murder: (b) Extermination: ( c ) Enslavement: (d) Deportation or forcible transfer of population; (e) Imprisonment or other severe deprivation of ph!sical fundamental rule5 of international law: ( f ) Torture: (g) Rape, sexual slavery. enforced prostitution. forced pregnancy. enforced sterilization. or any other form of sexual violence of comparable gravity; or collectivity on political. racial. ( h ) Persecution against any identifiable group as defined in paragraph 3, or other national. ethnic. cultural. religious. gender grounds that are universally recognized as impermissible under international law, to in this paragraph or an)‘ crime within the in connection with any act referred jurisdiction of the Court: ( i ) Enforced disappearance of persons: (j ) The crime of apartheid; ( k ) Other inhumane acts of a similar character intentionally causing great suffering. or serious injury to body or to mental or physical health.
  5. 1

    For the purpose of paragraph 1 :

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    AI-assisted research summary: This section defines several crimes and related terms, including attacks on civilians, extermination, enslavement, deportation, torture, forced pregnancy, persecution, apartheid, and enforced disappearance.

    1. For the purpose of paragraph 1 : of conduct (a) “Attack directed against any civilian population“ means a course 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: (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: (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; ( 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: (e) “Torture“ means the intentional infliction of severe pain or suffering. whether ph!sical or mental, upon a person accused: except that torture shall not include pain or suffering arising only from, inherent in or incidental to, lawful sanctions; a woman forcibly (f) “Forced pregnancy” means the unlawful confinement of of any made pregnant, with the intent 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: (g) “Persecution” means the intentional and severe deprivation rights contrary to international collectivity; (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; (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 law by reason of the identity of the group in the custody or under the control of the of fundamental or of affecting the ethnic composition 56 GAZETTE. GOVERNMENT No. 23632 JULY 18 2002 Act No. 27,2002 IMPLEMENTATION OF THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT ACT, 2002 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.
  6. 3

    For the purpose of this Statute. it is understood that the term “gender” refers to the

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    AI-assisted research summary: This provision defines “gender” as referring to the two sexes, male and female, within society.

    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. Article 8 War crimes
  7. 1

    The Court shall

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    AI-assisted research summary: The Court appears to have jurisdiction over war crimes, especially where they are committed as part of a plan or policy or as part of a large-scale commission.

    1. The Court shall committed as part of a plan or policy or as part of a large-scale commission of such crimes. in respect of war crimes in particular when have jurisdiction
  8. 3

    For the purpose of this Statute, “war crimes” means:

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    AI-assisted research summary: This section defines “war crimes” for the Statute.

    3. 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 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. of property, not justified by (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: as such or (i) Intentionally directing attacks against the civilian population 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, or peacekeeping units or vehicles involved in a humanitarian assistance mission in accordance with the Charter of the United Nations, as long as they to civilians or civilian objects under the are entitled to the protection given 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 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 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; to religion, (ix) Intentionally directing attacks against buildings dedicated education, art, science or charitable purposes, historic monuments, hospitals to the natural environment laid down his arms or 58 No. 33613 Act No. 27,2002 GOVERNMENT GAZETTE. 18 JULY 2002 IMPLEMENTATION OF THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT ACT. 2002 of any kind which are provided they are not and places where the sick and wounded are collected, military objectives: (x) Subjecting persons who are in the power of an adverse party to physical mutilation or to medical or scientific experiments 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; ( x i ) 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: (x\,) Compelling the nationals of the hostile party to take part in the operations of war directed against their own country. e\ en ifthey were in the belligerent’s service before the commencement of the \vat-: ( x v i ) Pillaging a town or place. even u k n taken by assault: (xvii j Employing poison or poisoned Lvrapons: (xviii) Employing asphyxiating. poisonous or other gases, and all analogous liquids. materials or devices; (xixj 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 u i t h incisions; (xx) Employing weapons. projectiles and material and methods of warfare which are of a nature to cause superfluous injury or unnecessary suffering or in violation of the international law of which are inherently indiscriminate armed conflict. pro\ided that such \veapons. 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 pro\,isions set forth in articles 121 and 123; (xxi) Committing outrages upon personal dignity, and degrading treatment: (xxii) Committing rape, sexual slavery. enforced prostitution, forced preg- nancy, 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 Geneva Conventions in conformity with international law: (xx\.) Intentionally using starvation of civilians as a method of warfare by depriving them of objects indispensable to their sur\ival, 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. armed conflict not of an international character, serious in particular humiliating of the (c) In the case of an violations of article 3 common to the four Geneva Conventions of 12 August 1949, namely, any of the following acts committed against persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention or any other cause: (i) Violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture; (ii) Committing outrages upon personal dignity, in particular humiliating and degrading treatment; (iii) Taking of hostages; (iv) The passing of sentences and the carrying previous judgement pronounced by a regularly constituted court, affording all judicial guarantees which are generally recognized as indispensable. out of executions without 60 GOVERNMENT No. 23642 GAZETTE, 18 JULY 2002 Act No. 27,2002 IMPLEMENTATION OF THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT ACT, 2002 (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. (e) Other serious violations of the laws and customs applicable in armed conflicts not of an international character, within the established framework of international law, namely, any of the following acts: or of the Geneva or peacekeeping in a humanitarian assistance to civilians or civilian objects under the (i) Intentionally directing attacks against the civilian population as such against individual civilians not taking direct part in hostilities: (ii) Intentionally directing attacks against buildings, material, medical units and transport, and personnel using the distinctive emblems Conventions in conformity with international law; (iii) Intentionally directing attacks against personnel, installations, material, units or vehicles involved mission in accordance with the Charter of the United Nations. as long as they are entitled to the protection given international law of armed conflict; ( i v ) 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: ( v ) Pillaging a town or place, even when taken by assault: (vi) Committing rape, sexual slavery, enforced prostitution, forced pregnancy, as defined in article 7, paragraph 2 (0, enforced sterilization, and any other of article 3 form of sexual violence also constituting a serious violation common to the four Geneva Conventions; (vii) Conscripting or enlisting children under the age armed forces or groups or using them to participate actively in hostilities; (viii) Ordering the displacement of the civilian population for reasons related or imperative to the conflict, unless the security of the civilians involved military reasons so demand; (ix) Killing or wounding treacherously a combatant adversary; (x) Declaring that no quarter will be given: in the power of another party to the conflict to (xi) Subjecting persons who are physical mutilation or to medical or scientific experiments of any kind which arc neither justified by the medical. dental or hospital treatment of the person concerned nor camed out in his or her interest, and which cause death to or seriously endanger the health of such person or persons; (xii) Destroying or seizing the property destruction or seizure be imperatively demanded by the necessities of the conflict; of fifteen years into adversary unless such of an (f) Paragraph ?(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 or armed conflict between governmental authorities and organized armed groups betu een such groups.
  9. 3

    Nothing in paragraph 2(c) and (e) shall affect the responsibility of a Government to

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    AI-assisted research summary: The provision says paragraph 2(c) and (e) does not affect a Government’s responsibility to maintain or restore law and order, or to defend the State’s unity and territorial integrity, using legitimate means.

    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. Article 9 Elements of Crimes
  10. 1

    Elements of Crimes shall assist the Court in the interpretation

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    AI-assisted research summary: Elements of Crimes must assist the Court when interpreting and applying articles 6, 7 and 8, and they are adopted by a two-thirds majority of the Assembly of States Parties.

    1. Elements of Crimes shall assist the Court in the interpretation and application of articles 6,7 and 8. They shall be adopted by a two-thirds majority of the members of the Assembly of States Parties.
  11. 2

    Amendments to the Elements of Crimes may be proposed by:

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    AI-assisted research summary: Certain actors may propose amendments to the Elements of Crimes, and adoption requires a two-thirds majority of the Assembly of States Parties.

    2. Amendments to the Elements of Crimes may be proposed by: (a) Any State Party; (b) The judges acting by an absolute majority; (c) The Prosecutor. 61 No, 33042 Act No. 27, 2002 GAZETTE. GOVERNMENT I8 JULY 2002 IMPLEMENTATION OF THE ROME STATUTE OF THE INTERNATION.4L CRIMINAL COURT ACT. 2002 Such amendments shall be adopted by a two-thirds majority of the members of the Assembly of States Parties.
  12. 3

    The Elements of crimes and amendments thereto shall be consistent with this Statute.

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    AI-assisted research summary: The Elements of crimes and amendments must be consistent with this Statute. This Part also says it does not limit or prejudice existing or developing rules of international law for other purposes.

    3. The Elements of crimes and amendments thereto shall be consistent with this Statute. Article I O Nothing i n this Part shall be interpreted as limiting or prejudicing in any way existing or developing rules of international law for purposes other than this Statute. Article I I Jurisdiction ratione temporis
  13. 1

    The Court has jurisdiction only with respect to crimes committed after the entry into

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    AI-assisted research summary: The Court may exercise jurisdiction only for crimes committed after this Statute entered into force.

    1 . The Court has jurisdiction only with respect to crimes committed after the entry into force of this Statute.
  14. 2

    If a State becomes a Party to this Statute after its entry into force. the Court may

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    AI-assisted research summary: The Court may exercise jurisdiction for certain crimes only if they were committed after this Statute entered into force for that State, unless the State has made a declaration under article 12(3).

    2. If a State becomes a Party to this Statute after its entry into force. the Court may exercise its jurisdiction only with respect to crimes committed after the entry into force of this Statute for that State. unless that State has made a declaration under article 12, paragraph 3. Article 12 Preconditions to the exercise of jurisdiction
  15. 1

    A State u~hich becomes a Party to this Statute thereby accepts the jurisdiction of the

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    AI-assisted research summary: A State that becomes a Party to this Statute accepts the Court’s jurisdiction over the crimes referred to in article 5.

    1 . A State u~hich becomes a Party to this Statute thereby accepts the jurisdiction of the Court Lvith respect t u the crimes refen-ed to i n article 5.
  16. 2

    In the case of article 1.3, paragraph (a) or (c). the Court map exercise its jurisdiction

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    AI-assisted research summary: The Court may exercise jurisdiction when the listed connecting States are parties to the Statute or have accepted the Court’s jurisdiction.

    2. In the case of article 1.3, paragraph (a) or (c). the Court map exercise its jurisdiction if one or more o f 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 territor), of \\.hich the conduct in question occurred or. if the crime wa$ committed on board a \ esse1 or aircraft. the State of registration of that vessel or aircraft: ( b ) The State of which the person accused of the crime is a national.
  17. 3

    If the acceptance of a State which is not a Party to this Statute is required under

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    AI-assisted research summary: A non-party State may accept the Court’s jurisdiction by declaration to the Registrar, and an accepting State must cooperate with the Court without delay or exception. The Court may exercise jurisdiction only if one of the listed referral or investigation conditions is met.

    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. Article 1.3 Exercise of jurisdiction The Court may exercise its jurisdiction with respect to a crime refemed t o in article 5 i n accordance with the provisions of this Statute if: (a) A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by a State Party in accordance with article 14: ( b ) A situation in which one committed is referred to the Prosecutor Chapter VI1 of the Charter of the United Nations: or (c) The Prosecutor has initiated an investigation accordance with article 15. or more of such crimes appears to have by the Security Council acting under in respect of such a crime been in Article 14 Referral of a situation by a State Party

Part

Chapter VI1 of the Charter of the United Nations: or

  1. 1

    A State Party may refer to the Prosecutor

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    AI-assisted research summary: A State Party may refer a situation to the Prosecutor when crimes appear to have been committed.

    1. A State Party may refer to the Prosecutor within the jurisdiction of the Court appear to have been committed requesting the a situation in which one or more crimes 63 No. 23642 GOVERNMENT GAZETTE, 18 JULY 2003 Act No. 27,2002 IMPLEMENTATION OF THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT ACT, 2002 Prosecutor to investigate the situation for the purpose of determining whether one or more specific persons should be charged with the commission of such crimes.
  2. 2

    As far as possible, a referral

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    AI-assisted research summary: A referral should, as far as possible, include available supporting documentation and specify the relevant circumstances. The Prosecutor may also start investigations on their own initiative based on information about crimes within the Court’s jurisdiction.

    2. As far as possible, a referral accompanied by such supporting documentation as is available to the State referring the situation. shall specify the relevant circumstances and be Article 15 Prosecutor I . The Prosecutor may initiate investigations proprio motu on the basis of information on crimes within the jurisdiction of the Court.
  3. 2

    The Prosecutor shall analyse the seriousness of the information received. For this

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    AI-assisted research summary: The Prosecutor must assess the seriousness of the information received and may seek more information or take testimony.

    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, sources that he or she deems appropriate, and may receive written or oral testimony at the seat of the Court. or other reliable that there is a reasonable basis
  4. 3

    If the Prosecutor concludes

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    AI-assisted research summary: If the Prosecutor finishes an investigation, they must ask the Pre-Trial Chamber for authorization and provide supporting material. Victims may also make representations to the Pre-Trial Chamber under the Rules of Procedure and Evidence.

    3. If the Prosecutor concludes investigation, he or she shall submit to the Pre-Trial Chamber a request for authorization of an investigation, together with any supporting material collected. Victims may make representations to the Pre-Trial Chamber, in accordance with the Rules of Procedure and Evidence. to proceed with an
  5. 4

    If the Pre-Trial Chamber. upon examination

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    AI-assisted research summary: The Pre-Trial Chamber must authorize starting an investigation if there is a reasonable basis and the case appears to be within the Court’s jurisdiction.

    4. If the Pre-Trial Chamber. upon examination 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. of the request and the supporting
  6. 5

    The refusal of the Pre-Trial Chamber to authorize the investigation shall not preclude

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    AI-assisted research summary: A refusal to authorize the investigation does not stop the Prosecutor from making a later request based on new facts or evidence about the same situation.

    5 . The refusal of the Pre-Trial Chamber to authorize the investigation shall not preclude the presentation of a subsequent request by the Prosecutor based evidence regarding the same situation. on new facts or
  7. 6

    If. after the preliminary examination referred to in paragraphs 1 and 2 . the Prosecutor

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    AI-assisted research summary: The Prosecutor must tell the information providers if, after preliminary examination, the information is not enough for an investigation. The Court must find a case inadmissible in the listed situations, and investigations or prosecutions are deferred for a 12-month period after a Security Council request, which can be renewed.

    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 regardins the same situation in the light of new facts or evidence. Article 16 Deferral of investigation or prosecution No investigation or prosecution may be commenced or proceeded with under this Statute for a period of I? months after the Security Council, in a resolution adopted under Chapter VI1 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. Article 17 Issues of admissibility I . 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 to carry out the investigation or prosecution; (b) The case has been investigated by a State which has jurisdiction over it and the State has decided not resulted from the unwillingness or inability of the State genuinely to prosecute; to prosecute the person concerned, unless the decision is unwilling or unable genuinely 66 No. X h l ? GAZETTE. GOVERNMEKT 18 JULY 2002 Act No. 27,2002 IMPLEMENTATION OF THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT ACT. 2002 (c) The person concerned has already been tried for conduct which is the subject of the complaint, and a trial by the Court is not permitted under article 20, paragraph 3; (d) The case is not of sufficient gravity to justify further action by the Court.
  8. 2

    In order to determine unwillingness in a particular case, the Court

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    AI-assisted research summary: The Court must consider due process principles and assess whether listed circumstances exist when deciding unwillingness in a particular case.

    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: an unjustified delay (a) The proceedings were or are being undertaken or the national decision was made for the purpose of shielding the person concerned from criminal responsi- bility for crimes within the jurisdiction of the Court referred to in article 5 ; (b) There has been circumstances is inconsistent with justice; (c) The proceedings were impartially. and they were or are being conducted circumstances. is inconsistent with an intent to bring the person concerned justice. or in a manner which, in the to not or are not being conducted independently an intent to bring the person concerned in the proceedings which in the to
  9. 3

    In order to determine inability in a particular case, the Court shall consider whether,

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    AI-assisted research summary: The Court must consider whether a State’s judicial system has collapsed or become unavailable, and the Prosecutor must notify certain States when an investigation is commenced; the Prosecutor may do so confidentially and may limit the information shared.

    3. In order to determine inability in a particular case, the Court shall consider whether, due to a total or substantial collapse or unavailability of its national judicial system, the State is unable to obtain the accused or otherwise unable to carry out its proceedings. or the necessary evidence and testimony Article 18 Preliminary rulinys regarding admissibility to article 13(a) and the that there would be a reasonable basis I . When a situation has been referred to the Court pursuant Prosecutor has determined to commence an investigation. or the Prosecutor initiates an investigation pursuant to articles 13(c) and 15, the Prosecutor shall notify all States Parties and those States which, taking into account the information available, would normally exercise jurisdiction over the crimes concerned. The Prosecutor may notify such States on a confidential basis and, where the Prosecutor believes it necessary to protect persons, prevent destruction of evidence or prevent the absconding of persons, may limit the scope of the information provided to States.
  10. 3

    Within one month of receipt of that notification, a State may inform the Court that it

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    AI-assisted research summary: A State may tell the Court within one month that it is investigating or has investigated its nationals for certain crimes, and the Prosecutor must defer to that investigation if the State asks, unless the Pre-Trial Chamber authorizes the investigation.

    3. Within one month of receipt of that notification, a State may inform the Court that it is investigatinrg or has investigated its nationals 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 investigation. or others within its jurisdiction with of the Prosecutor, decides to authorize the
  11. 3

    The Prosecutor's deferral to a State's investigation shall be open to review by the

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    AI-assisted research summary: The Prosecutor may review a deferral to a State’s investigation six months after deferral, or sooner if circumstances significantly change because the State is unwilling or unable to carry out the investigation.

    3. The Prosecutor's deferral to a State's investigation shall be open to review by the Prosecutor six months after the date of deferral or at any time when there has been a significant change of circumstances based on the State's unwillingness genuinely to carry out the investigation. or inability
  12. 4

    The State concerned or the Prosecutor may appeal to the Appeals Chamber against a

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    AI-assisted research summary: The State concerned or the Prosecutor may appeal to the Appeals Chamber against a ruling of the Pre-Trial Chamber.

    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.
  13. 5

    When the Prosecutor has deferred an investigation in accordance with paragraph 2,

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    AI-assisted research summary: After a deferred investigation, the Prosecutor may ask the State concerned for periodic progress updates, and States Parties must respond without undue delay.

    5. When the Prosecutor has deferred an investigation in accordance with paragraph 2, the Prosecutor may request that the State concerned periodically inform the Prosecutor of the progress of its investigations and any subsequent prosecutions. States Parties shall respond to such requests without undue delay.
  14. 6

    Pending a ruling by the Pre-Trial Chamber, or at any time when the Prosecutor has

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    AI-assisted research summary: The Prosecutor may, in exceptional circumstances, seek authority from the Pre-Trial Chamber to take necessary investigative steps to preserve evidence.

    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, to pursue necessary investigative steps for seek authority from the Pre-Trial Chamber 6s No. 2.7643 Act No. 27, 2002 GAZETTE, GOVERNMENT 18 JULY 200Z IMPLEMENTATION OF THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT ACT, 2002 the purpose of preserving evidence where there important evidence subsequently available. or there is a significant risk that such is a unique opportunity to obtain evidence may not be
  15. 7

    A State which has challenged a ruling of the Fre-Trial Chamber under this article may

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    AI-assisted research summary: A State that has challenged a ruling under this article may also challenge the admissibility of significant facts or a significant change of circumstances.

    7. A State which has challenged a ruling of the Fre-Trial Chamber under this article may challenge the admissibility of significant facts or significant change of circumstances. on the grounds of additional a case under article 19 Challenges to the jurisdiction of the Court or the admissibility of a case Article 19
  16. 2

    Challenges to the admissibility of a case on the grounds referred to in article 17 or

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    AI-assisted research summary: This section says which persons and States may challenge a case’s admissibility or the Court’s jurisdiction.

    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: (a) An accused or a person for whom a warntnt of arrest or a summons to appear has been issued under article 5 8 ; ib) 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 ( C ) A State from which acceptance of jurisdiction is required under article 12.
  17. 6

    Prior to the confirmation of the charges. challenges to the admissibility of a case or

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    AI-assisted research summary: Challenges to admissibility or the court’s jurisdiction go to different chambers depending on whether the charges have been confirmed, and decisions on jurisdiction or admissibility may be appealed under article 82.

    6. Prior to the confirmation of the charges. challenges to the admissibility of a case or challenges :o the .jurisdiction of the Ccun shall be referred to the Pre-Trial Chamber. After confirmation of the charges. they shal! be referred to the Trial Chamber. Decisions with respect to jurisdiction or admissibility may be appealed to the Appeals Chamber in accordance \vith article 82.
  18. 7

    If a challenge is made by a State referred to in paragraph 2(b) or (c). the Prosecutor

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    AI-assisted research summary: If a challenge is made by a State under paragraph 2(b) or (c), the Prosecutor must suspend the investigation until the Court determines the matter under article 17.

    7. If a challenge is made by a State referred to in paragraph 2(b) or (c). the Prosecutor s!1all suspend the investigation until such time as the Court makes a determination in accordance with article 17.
  19. 8

    Pending a ruling by the Court. the Prosecutor may seek authority from foe Court:

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    AI-assisted research summary: The Prosecutor may ask the Court for authority to take listed investigative and evidence-related steps while a ruling is pending.

    8. Pending a ruling by the Court. the Prosecutor may seek authority from foe Court: of the kind referred to in article 18, (a) To pursue necessary investigative steps paragraph 6; (b) To take a statenlent or testimony from a witness or complete the collection and of the challenge; and examination of evidence which had begun prior to the making ( 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.
  20. 9

    The making of a challenge shall not affect the validity of any act performed by the

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    AI-assisted research summary: A challenge does not affect the validity of acts done by the Prosecutor, or court orders or warrants issued before the challenge.

    9. The making of a challenge shall not affect the validity of any act performed by the to the making of the Prosecutor or any order or warrant issued by the Court prior challenge. 70 No. 23612 .4ct No. 27, 2002 GOVERNMENT GAZElTE, 18 JULY 2002 IMPLEMENTATION OF THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT ACT, 2002
  21. 10

    If the Court has decided that a case is inadmissible under article 17, the Prosecutor

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    AI-assisted research summary: The Prosecutor may ask for review of an inadmissibility decision if new facts arise that remove the basis for inadmissibility.

    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. to the matters referred to in article 17, defers an
  22. 11

    If the Prosecutor, having regard

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    AI-assisted research summary: The Prosecutor may ask the relevant State for information on the proceedings, and must notify the State if the Prosecutor later decides to continue the investigation.

    11. If the Prosecutor, having regard 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. Article 20 Ne bis in idem
  23. 1

    Except as provided

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    AI-assisted research summary: The section appears to prohibit trying a person before the Court for crimes they have already been convicted or acquitted of, subject to an exception in the Statute.

    1. Except as provided respect to conduct which formed the basis conyicted or acquitted by the Court. in this Statute. no person shall be tried before the Court with of crimes for which the person has been
  24. 2

    No person shall be tried by another court for a crime referred to in article 5 for which

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    AI-assisted research summary: A person may not be tried by another court for an article 5 crime if they have already been convicted or acquitted by the Court.

    2. No person shall be tried by another court for a crime referred to in article 5 for which that person has already been convicted or acquitted by the Court.
  25. 3

    No person who has been

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    AI-assisted research summary: The Court must not try a person for the same conduct if that person has already been tried by another court, unless the earlier proceedings meet one of the stated exceptions.

    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 responsibility for crimes within the jurisdiction of the Court; or (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. of shielding the person concerned from criminal Article 31 Applicable law I . The Court shall apply: ( a ) In the first place. this Statute. Elements of Crimes and its Rules of Procedure and Evidence: (b) In the second place. where appropriate. applicable treaties and rules of international law, including the established principles international law of armed conflict: ( c ) Failing that, general principles of law derived by the Court from national laws of legal systems o f the umld including. as appropriate, the national laws of States that would normally exercise jurisdiction over the crime, provided that those principles are not inconsistent internationally recognized norms and standards. with this Statute and with international law and and the principles of the
  26. 2

    The Court may apply principles and rules

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    AI-assisted research summary: The Court may apply principles and rules of law as interpreted in its previous decisions.

    2. The Court may apply principles and rules decisions. of law as interpreted in its previous
  27. 3

    The application and interpretation of law pursuant to this article must be consistent

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    AI-assisted research summary: The application and interpretation of law under this article must be consistent with internationally recognized human rights and must avoid adverse distinction on listed grounds.

    3. The application and interpretation of law pursuant to this article must be consistent with internationally recognized human 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. rights, and be without any adverse distinction 72 No. 23542 Act No. 27,2002 G.AZE7TE. GOVERNhQENT I8 JULY 2002 IMPLEMENT,4TlON OF THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT ACT, 2002 PART 3. GENERAL PRINCIPLES OF CRIMINAL LAW Article 22 Nullum crimen sine lege

Part

PART 3. GENERAL PRINCIPLES OF CRIMINAL LAW

  1. 1

    A person shall not be criminally responsible under this Statute unless the conduct in

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    AI-assisted research summary: A person is not criminally responsible unless the conduct was a crime in the court’s jurisdiction when it happened.

    1. A person shall not be criminally responsible under this Statute unless the conduct in question constitutes, at the time it takes place, a crime within the jurisdiction of the court.
  2. 2

    The definition of a crime shall be strictly construed and shall not be extended by

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    AI-assisted research summary: A crime definition must be interpreted strictly and not expanded by analogy; if there is ambiguity, it is interpreted in favor of the person being investigated, prosecuted, or convicted.

    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.
  3. 3

    This article shall not affect the characterization of any conduct as criminal under

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    AI-assisted research summary: This article says the Statute does not change whether conduct is criminal under international law.

    3. This article shall not affect the characterization of any conduct as criminal under international law independently of this Statute. -- Article 23 Nulla poena sine lege Article 24 Non-retroactivity ratione personae
  4. 1

    No person shall be criminally responsible under this Statute for conduct prior to the

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    AI-assisted research summary: No one can be held criminally responsible under this Statute for conduct that happened before the Statute came into force.

    1. No person shall be criminally responsible under this Statute for conduct prior to the entry into force of the Statute.
  5. 2

    In the event of a change

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    AI-assisted research summary: If the law changes, the more favourable law applies before final judgment for a person being investigated, prosecuted, or convicted.

    2. In the event of a change judgement. the law more favourable convicted shall apply. in the law applicable to a given case prior to a final to the person being investigated, prosecuted or Article 25 Individual criminal responsibility
  6. 1

    The Court shall have jurisdiction over natural persons pursuant to this Statute.

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    AI-assisted research summary: The Court has jurisdiction over natural persons under this Statute.

    1. The Court shall have jurisdiction over natural persons pursuant to this Statute.
  7. 2

    A person u.ho

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    AI-assisted research summary: A person within the Court’s jurisdiction is described as individually responsible and liable for punishment under this Statute.

    2. A person u.ho individually responsible and liable for punishment in accordance with this Statute. within the jurisdiction of the Court shall be commits a crime
  8. 3

    In accordance with this Statute, a person shall be criminally responsible and liable for

    Verify source ↗
    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: (b) Orders. solicits or induces the commission of such a crime which in fact occurs or is attempted; (c) For the purpose of facilitating the commission of such a crime. aids, abets or otherwise assists providing the means for its commission: (d) In any other way contributes to the commission or attempted commission of such a crime of persons acting with a contribution shall be intentional and shall either: in its commission or its attempted commission, including common purpose. Such by a group of furthering the criminal activity (i) Be made with the aim purpose of the group, where such activity or purpose involves the commission of a crime within the jurisdiction of the Courr: or (ii) Be made in the knowledge of the intention of the group to commit the crime; or criminal (e) In respect of the crime of genocide, directly and publicly incites others commit genocide; to 74 No. 23641 GOVERNMENT GAZETTE, I8 JULY 2002 Act No. 27,2002 IMPLEMENTATION OF THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT ACT, 2002 (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 circumstances independent of the person’s intentions. However, 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. a person who of
  9. 4

    No provision in this Statute relating to individual criminal responsibility shall affect

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    AI-assisted research summary: This text says the Statute does not change States’ responsibility under international law, and the Court has no jurisdiction over people who were under 18 when the alleged crime was committed.

    4. No provision in this Statute relating to individual criminal responsibility shall affect the responsibility of States under international law. Article 26 Exclusion of jurisdiction over persons under eighteen The Court shall have no jurisdiction over any person who was under the age of 18 at the time of the alleged commission of a crime. Article 37 Irrelevance of official capacity
  10. 1

    This Statute shall apply equally to all persons without any distinction based on official

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    AI-assisted research summary: The Statute applies equally to everyone, and official position does not exempt a person from criminal responsibility or automatically reduce sentence.

    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.
  11. 3

    Immunities or special procedural rules which may attach to the official capacity of a

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    AI-assisted research summary: The text says official immunities do not bar the Court, and sets rules for commander and superior responsibility, no limitation period for crimes in the Court’s jurisdiction, and a requirement of intent and knowledge for criminal responsibility unless otherwise provided.

    3. Immunities or special procedural rules which may attach to the official capacity of a person. whether under national exercising its jurisdiction over such a person. or international law. shall not bar the Court from Article 28 Responsibility of commanders and other superiors 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 of the Court shall be criminally responsible for crimes within the jurisdiction 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 circumstances at the time, should have known or about to commit such crimes; and ( i i ) That military commander or person failed reasonable measures within commission or to submit the matter investigation and prosecution. his or her power or person either knew or. owing to the that the forces were committing all necessary and to take to prevent or repress their to the competent authorities for (b) With respect to superior and subordinate relationships not described paragraph (a). a superior shall be criminally responsible for crimes within the by subordinates under his or her effective jurisdiction of the Court committed authority and control. as a result of his or her failure to exercise control properly over such subordinates. where: in (i) The superior either knew, or consciously disregarded information which clearly indicated, that the subordinates were committing or about to commit such crimes; (ii) The crimes concerned activities that were within the effective responsi- bility and control of the superior; and (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. 76 No. 113612 GOVERNMENT GAZETTE, 18 JULY 2002 Act No. 27,2002 IMPLEMENTATION OF THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT ACT, 2002 Article 29 Non-applicability of statute of limitations The crimes within the jurisdiction of the Court shall not be subject to any statute of limitations. Article 30 Mental element I . Unless otherwise provided. a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court only if the material elements are committed with intent and knowledge.
  12. 3

    For the purposes of this article, a person has intent where:

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    AI-assisted research summary: This provision defines when a person has intent for this article.

    3. For the purposes of this article, a person has intent where: (a) In relation to conduct, that person means to engage in the conduct: (b) In relation to a consequence. that person means to cawe that consequence or is aware that it will occur in the ordinary course of events.
  13. 3

    For the purposes of this article, “knowledge” means awareness that a circumstance

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    AI-assisted research summary: This section defines “knowledge” as awareness that a circumstance exists or that a consequence will occur in the ordinary course of events.

    3. For the purposes of this article, “knowledge” means awareness that a circumstance exists or a consequence will occur in the ordinary course of events. “Know” and ”knowingly” shall be construed accordingly. Article 3 1 Grounds for excluding criminal responsibility
  14. 1

    In addition to other grounds for excluding criminal responsibility provided for in this

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    AI-assisted research summary: A person may be exempt from criminal responsibility in limited situations, and the Court must decide whether those grounds apply in the case.

    1. In addition to other grounds for excluding criminal responsibility provided for in this Statute, a person shall not be criminally responsible conduct: if, at the time of that person‘s (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; (b) The person is in a state of intoxication 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, unless the person has become voluntarily intoxicated under such circumstances that the person knew, or disregarded the risk, that, as a result of the intoxication, he or she was likely to engage in conduct constituting a crime within the jurisdiction of the Court; (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 thc 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 subparapph; (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 avoided. Such a threat may either be: (i) Made by other persons; or (ii) Constituted by other circumstances beyond that person’s control. not intend to cause a greater harm than the one sought to be 7,. The Court shall determine the applicability of the grounds for excluding criminal responsibility provided for in this Statute to the case before it.
  15. 3

    At trial, the Court may consider a ground for excluding criminal responsibility other

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    AI-assisted research summary: At trial, the Court may consider an additional ground for excluding criminal responsibility if it comes from applicable law.

    3. At trial, the Court may consider a ground for excluding criminal responsibility other than those referred to in paragraph 1 where such a ground is derived from applicable law 78 No. 23612 GOVERNMENT GAZETTE, I8 JULY 3002 Act No. 27,2002 IMPLEMENTATION OF THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT ACT. 3002 as set forth in article 2 1. The procedures relating to the consideration of such a ground shall be provided for in the Rules of Procedure and Evidence. Article 32 Mistake of fact or mistake of law
  16. 1

    A mistake of fact shall be a ground for excluding criminal responsibility only if

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    AI-assisted research summary: A mistake of fact can exclude criminal responsibility only if it negates the mental element required by the crime.

    1. A mistake of fact shall be a ground for excluding criminal responsibility only if negates the mental element required by the crime. it
  17. 2

    A mistake of law as to whether a particular type of conduct is a crime within the

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    AI-assisted research summary: A mistake of law about whether conduct is a crime is not, by itself, a reason to exclude criminal responsibility.

    2. A mistake of law as to whether a particular type of conduct is a crime within the jurisdiction of the Court shall not be a ground for excluding criminal responsibility. A mistake of l a w may. however. be a ground for excluding criminal responsibility if it negates the mental element required by such a crime, or as provided for i n article 33. Article 33 Superior orders and prescription of law
  18. 1

    The fact that a crime within the jurisdiction of the Court has been committed by a

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    AI-assisted research summary: A person who committed a crime under orders is not relieved of criminal responsibility unless specific conditions are met.

    1 . The fact that a crime within the jurisdiction of the Court has been committed by a person pursuant or civilian. shall not relieve that person of criminal responsibility unless: to an order of a Go\,ernment or of a superior, whether military (a) The person was under a legal obligation to obey orders of the Government or the superior i n question; ( b ) The person did not know that the order was unlawful: and ( c ) The order \vas not manifestly unlawful.
  19. 2

    For the purposes of this article. orders to commit genocide or crimes against humanity

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    AI-assisted research summary: Orders to commit genocide or crimes against humanity are described as manifestly unlawful. The Court is also said to have specific organs, and judges must serve as full-time members from the start of their terms.

    2. For the purposes of this article. orders to commit genocide or crimes against humanity are manifestly unlawful. P-4RT 1. COMPOSITION AND ADMINISTRATION OF THE COURT Article 34 Organs of the Court The Court shall be composed of the following organs: (a) The Presidency: (b) An Appeals Division, a Trial Division and a Pre-Trial Division; (c) The Office of the Prosecutor: (d) The Kegistry. ,4rticle 35 Service of judFes 1 , All judges shall be elected as full-time members of the Court and shall be available to serve on that basis from the commencement of their terms of ofice.
  20. 2

    The judges composing the Presidency shall serve on a full-time basis as soon as they

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    AI-assisted research summary: Judges composing the Presidency must serve full-time once elected.

    2. The judges composing the Presidency shall serve on a full-time basis as soon as they are elected.
  21. 3

    The Presidency may, on the basis of the workload of the Court and

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    AI-assisted research summary: The Presidency may decide how many of the remaining judges must serve full-time, based on the Court’s workload and after consulting its members.

    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.
  22. 4

    The financial arrangements for judges not required to serve on a full-time basis shall

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    AI-assisted research summary: Financial arrangements for judges who do not serve full-time must be made in accordance with article 49.

    4. The financial arrangements for judges not required to serve on a full-time basis shall be made in accordance with article 49. 80 No. 23611 Act No. 27, 2002 GAZETTE, GOVERNMENT I8 JULY 2001 IMPLEMENTATION OF THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT ACT. 2002 Article 36 Qualifications, nomination and election of judges
  23. 1

    Subject to the provisions of paragraph 2, there shall be 18 judges of the Court.

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    AI-assisted research summary: The Court has 18 judges, and the Presidency and States Parties can follow procedures to propose changes, elect additional judges, and nominate candidates.

    1. Subject to the provisions of paragraph 2, there shall be 18 judges of the Court. 2. (a) The Presidency, acting on behalf of the Court, may propose an increase in the number of judges specified in paragraph 1. indicating the reasons why this is considered necessary and appropriate. The Registrar shall promptly circulate any such proposal to all States Parties. (b) Any such proposal shall then be considered at a meeting of the Assembly of States Parties to be convened in accordance with article 112. The proposal shall be considered adopted if approved at the meeting the Assembl}. of States Parties and shall enter into force at such time as decided by the Assembly of States Parties. by a vote of two thirds of the members of ( c ) ( i ) Once a proposal for an increase i n the number of judges has been adopted under subparagraph ib). 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; (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 j u d y a expire, until the necessary number has been reached. 3. (a) The judges shail be chosen from among persons impartiality and integrity who possess the qualifications required in their respective States for appointment to the highest judicial offices. (b) Every candidate for election to the Court shall: of high moral character, ( i ) Ha1.e established competence in criminal law and procedure. and the necessary rele\mt experience, whether as judge, prosecutor. advocate capacity. in criminal proceedings: or (ii) Have established competence in relevant areas of international law such as international humanitarian law experience in a professional legal capacity which is of relevance to the judicial work of the Court: of human rights, and extensive or in other similar and the law (c) Every candidate for election to the Court shall have an excellent knowledge of and be fluent in at least one of the working lanyages of the Court. 4. (a) Nominations of candidates for election to the Court may be made Party to this Statute, and shall be made either: by any State ii) By the procedure for the nomination of candidates for appointment highest judicial ofices in the State in question; or (ii) By the procedure provided for the nomination International Court of Justice in the Statute of that Court. of candidates for the to the Nominations shall be accompanied by a statement in the necessary detail specifying how the candidate fulfils the requirements of paragraph 3. (b) Each State Party may put forward one candidate for any given election who need not necessarily be a national of that State Party but shall in any case be a national of a State Party. (c) The Assembly of States Parties may decide to establish, if appropriate, an Advisory Committee on nominations. In that event, the Committee’s composition and mandate shall be established by the Assembly of States Parties.
  24. 5

    For the purposes of the election, there shall be two lists of candidates:

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    AI-assisted research summary: Candidates can appear on one of two lists, and judges are elected from those lists with set minimums and voting thresholds.

    5 . For the purposes of the election, there shall be two lists of candidates: with the qualifications specified in List A containing the names of candidates paragraph 3(b)(i); and List B containing the names paragraph 3(b)(ii). of candidates with the qualifications specified in 23647 No. 87 GOVERNMENT GAZETTE, 18 JULY 2002 Act No. 27,2002 IMPLEMENTATION OF THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT ACT, 2002 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. 6. (a) The judges shall be elected by secret ballot at a meeting of the Assembly of States Parties convened for that purpose under article 112. Subject to paragraph 7, the persons elected to the Court shall be the 18 candidates who obtain the highest number of votes and a two-thirds majority of the States Parties present and voting. (b) In the event that a sufficient number of judges is not elected on the first ballot, laid down in shall be held in accordance with the procedures successive ballots subparagraph (a) until the remaining places have been tilled. 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. (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. (c) A judge who is selected to serve for a term of three years under subparagraph (b) shall be eligible for re-election for a full term.
  25. 10

    Notwithstanding paragraph 9, a judge assigned to a Trial or Appeals Chamber in

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    AI-assisted research summary: A judge assigned to a Trial or Appeals Chamber under article 39 must stay in office to finish any trial or appeal that had already started before that Chamber.

    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 Ivhich has already commenced before that Chamber. Article 37 Judicial vacancies
  26. 1

    In the event of a vacancy. an election shall be held in accordance with article 36 to till

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    AI-assisted research summary: If there is a vacancy, an election must be held under article 36 to fill it.

    1. In the event of a vacancy. an election shall be held in accordance with article 36 to till the vacancy.
  27. 2

    A judge elected to fill a vacancy shall serve for the remainder of the predecessor's

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    AI-assisted research summary: A judge elected to fill a vacancy must serve out the predecessor’s remaining term, and may be re-elected for a full term if that remaining period is three years or less.

    2. A judge elected to fill a vacancy shall serve for the remainder of the predecessor's term and. if that period is three years or less, shall be eligible for re-election for a full term under article 36. Article 38 The Presidency
  28. 1

    The President and the First and Second Vice-presidents shall be elected by an absolute

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    AI-assisted research summary: Judges must elect the President and the First and Second Vice-presidents by absolute majority.

    1. The President and the First and Second Vice-presidents shall be elected by an absolute majority of the judFes. They shall each serve for a term of three years or until the end of their respective terms of office shall be eligible for re-election once. as judges, whichever expires earlier. They
  29. 2

    The First Vice-president shall act in place of the President

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    AI-assisted research summary: The First Vice-president must act for the President if the President is unavailable or disqualified. The Second Vice-president must act for the President if the President and the First Vice-president are unavailable or disqualified.

    2. The First Vice-president shall act in place of the President President is unavailable or disqualified. The Second Vice-president shall act in place of in the event that the 81 No. 236-12 Act No. 27,2002 GAZETTE, GOVERNMENT I8 JULY 2002 IMPLEMENTATION OF THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT ACT. 2002 in the event the President unavailable or disqualified. that both the President and the First Vice-president are
  30. 3

    The President. together with the First and Second Vice-presidents, shall constitute the

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    AI-assisted research summary: The President and the First and Second Vice-presidents make up the Presidency, which is responsible for the Court’s proper administration, except for the Office of the Prosecutor.

    3. The President. together with the First and Second Vice-presidents, shall constitute the Presidency. which shall be responsible for: (a) The proper administration of the Court, with the exception of the Office of the Prosecutor; and (b) The other functions conferred upon it in accordance with this Statute.
  31. 3

    In discharging its responsibility under paragraph 3(a), the Presidency shall coordinate

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    AI-assisted research summary: The Presidency must coordinate with and seek the Prosecutor’s concurrence on matters of mutual concern when carrying out its responsibility under paragraph 3(a).

    3. In discharging its responsibility under paragraph 3(a), the Presidency shall coordinate with and seek the concurrence of the Prosecutor on all matters of mutual concern. Article 39 Chambers in article 34. paragraph (b). The Appeals Division
  32. 1

    As soon as possible after the election of the judges. the Court shall organize itself into

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    AI-assisted research summary: The Court must organize itself into specified divisions after the judges are elected, and judges must be assigned and serve according to the rules stated for each division.

    1. As soon as possible after the election of the judges. the Court shall organize itself into the divisions specified 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 di\isions 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 each division shall contain an appropriate combination of expertise in a way that criminal law and procedure and in international law. The Trial and Pre-Trial Divisions shall be composed predominantly of judges with criminal trial experience. 2 . ( a ) The judicial functions Chambers. of the Court shall be carried out in each division by (b) ( i ) The Appeals Chamber shall be composed of all the judges of the Appeals Division; (ii) The functions of the Trial Chamber shall be carried out by three judges of the Trial Division; iiii) The functions of the Pre-Trial Chamber shall be carried out either by three judges of the Pre-Trial Division or by a single judge of that division in accordance with this Statute and the Rules of Procedure and Evidence; ( c ) Nothins i n this paragraph shall preclude the simultaneous constitution of more than one Trial Chamber or Pre-Trial Chamber when the efficient management of the Court's workload so requires. 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 ivhich has already commenced in the division concerned. ( b ) Judges assigned to the Appeals Di\zision shall serve in that division for their entire term of office.
  33. 4

    Judges assigned to the Appeals Division shall serve only in that division. Nothing in

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    AI-assisted research summary: Judges assigned to the Appeals Division must serve only in that division, subject to a temporary attachment exception.

    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 circumstances shall a judge who has participated eligible to sit on the Trial Chamber hearing that case. in the pre-trial phase of a case be so requires. provided that under no Article 40 Independence of the judges
  34. 1

    The judges shall be independent in the performance of their functions.

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    AI-assisted research summary: Judges must be independent when performing their functions.

    1. The judges shall be independent in the performance of their functions.
  35. 2

    Judges shall not engage in any activity which is likely to kterfere with theirjudicial

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    AI-assisted research summary: Judges must not engage in activities likely to interfere with their judicial functions or reduce confidence in their independence.

    2. Judges shall not engage in any activity which is likely to kterfere with theirjudicial functions or to affect confidence in their independence.
  36. 3

    Judges required to serve on a full-time basis at the seat of the Court shall not engage

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    AI-assisted research summary: Judges serving full-time at the seat of the Court must not take any other professional occupation.

    3. Judges required to serve on a full-time basis at the seat of the Court shall not engage in any other occupation of a professional nature. 86 No. 23642 GAZETTE, GOVERNMENT 18 JULY 2002 ~ ~~ Act No. 27,2002 IMPLEMENTATION OF THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT ACT. 2002
  37. 4

    Any question regarding the application of paragraphs 2 and 3 shall be decided by an

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    AI-assisted research summary: Questions about applying paragraphs 2 and 3 are decided by an absolute majority of the judges, and an individual judge must not take part if the question concerns them.

    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. Article 41 Excusing and disqualification of judges
  38. 1

    The Presidency may, at the request of a judge, excuse that judge from the exercise of

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    AI-assisted research summary: A judge must not sit in a case where impartiality could reasonably be doubted. The Presidency may excuse a judge at that judge’s request, and disqualification questions are decided by the judges by absolute majority.

    1. The Presidency may, at the request of a judge, excuse that judge from the exercise of a function under this Statute, in accordance with the Rules of Procedure and Evidence. 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 shall also be level involving the person being investigated or prosecuted. A judge disqualified on such other grounds as may be provided for in the Rules of Procedure and Evidence. (b) The Prosecutor or the person being investigated or prosecuted may request the disqualification of a judge under this paragraph. (c) Any question as to the disqualification of a judge shall be decided by an absolute shall be entitled to present his or her majority of the judges. The challenged judge comments on the matter. but shall not take part in the decision. Article 42 The Office of the Prosecutor
  39. 1

    The Ofice of the Prosecutor shall act independently as a separate organ of the Court.

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    AI-assisted research summary: The Office of the Prosecutor must act independently, handle crimes within the Court’s jurisdiction, and conduct investigations and prosecutions before the Court. Members must not take instructions from outside sources.

    1. The Ofice of the Prosecutor shall act independently as a separate organ of the Court. on It shall be responsible crimes Lvithin the jurisdiction of the Court, for examining them and for conducting investigations and prosecutions before the Court. A member of the Office shall not seek or act on instructions from any external source. for receiving referrals and any substantiated information
  40. 2

    The Office shall be headed by the Prosecutor. The Prosecutor shall have full authority

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    AI-assisted research summary: The Prosecutor heads the Office and has full authority over its management and administration. The Prosecutor and Deputy Prosecutors must be of different nationalities and serve full-time.

    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 shall be assisted by one or more Deputy other resources thereof. The Prosecutor shall be entitled to carry out any of the acts required of the Prosecutor Prosecutors. ~ h o under this Statute. The Prosecutor and the Deputy Prosecutors shall be of different nationalities. They shall serve on a full-time basis.
  41. 3

    The Prosecutor and the Deputy Prosecutors shall be persons of high moral character.

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    AI-assisted research summary: The Prosecutor and Deputy Prosecutors must meet character, competence, experience, and language requirements.

    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.
  42. 4

    The Prosecutor shall be elected by secret ballot by

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    AI-assisted research summary: The Assembly of States Parties must elect the Prosecutor by secret ballot and absolute majority, and must elect the Deputy Prosecutors in the same way from a list provided by the Prosecutor.

    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 re-election. shall not be eligible for term of nine years and
  43. 5

    Neither the Prosecutor nor a Deputy Prosecutor shall engage in any activity which is

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    AI-assisted research summary: The Prosecutor and a Deputy Prosecutor must not do work that could interfere with prosecutorial functions or undermine confidence in their independence, and they must not take any other professional occupation.

    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 shall not engage in any other occupation of a professional her independence. They nature.
  44. 6

    The Presidency may excuse the Prosecutor

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    AI-assisted research summary: The Presidency may excuse the Prosecutor or a Deputy Prosecutor from acting in a particular case.

    6. The Presidency may excuse the Prosecutor request, from acting in a particular case. or a Deputy Prosecutor, at his or her 88 No. 23612 GAZETTE, GOVERNMENT 18 JULY 2002 Act No. 27,2002 IMPLEMENTATION OF THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT ACT. 2002
  45. 7

    Neither the Prosecutor nor a Deputy Prosecutor

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    AI-assisted research summary: The Prosecutor or a Deputy Prosecutor must not take part in a case where their impartiality could reasonably be doubted, including where they were previously involved in that case or a related criminal case.

    7. Neither the Prosecutor nor a Deputy Prosecutor which their impartiality might reasonably be doubted on disqualified from a case in accordance with 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. this paragraph if, inter alia, they have shall participate in any matter in any ground. They shall be
  46. 8

    Any question as to the disqualification of the Prosecutor or a Deputy Prosecutor shall

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    AI-assisted research summary: The Appeals Chamber decides questions about disqualifying the Prosecutor or a Deputy Prosecutor, and they may present comments on the matter.

    8. Any question as to the disqualification of the Prosecutor or a Deputy Prosecutor shall be decided by the Appeals Chamber. (a) The person being investigated disqualification of the Prosecutor or a Deputy Prosecutor on the grounds set out in this article; (b) The Prosecutor or the Deputy Prosecutor, as apprcpriate, shall be entitled to present his or her comments on the matter: or prosecuted may at any time request the
  47. 9

    The Prosecutor

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    AI-assisted research summary: The Prosecutor must appoint advisers with legal expertise on specific issues.

    9. The Prosecutor including. but not limited to, sexual and gender violence and violence against children. shall appoint adyisers with legal expertise on specific issues, Article 43 The Registry
  48. 1

    The Registry shall be responsible for the non-judicial aspects of the administration

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    AI-assisted research summary: The Registry must handle the Court’s non-judicial administration and servicing.

    1. The Registry shall be responsible for the non-judicial aspects of the administration and servicing of the Court. without prejudice of the Prosecutor in accordance with article 33. to the functions and powers
  49. 2

    The Registry shall be headed

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    AI-assisted research summary: The Registrar heads the Registry and exercises functions under the authority of the President of the Court.

    2. The Registry shall be headed administrative officer of the Court. The Registrar under the authority of the President of the Court. by the Registrar, who shall be the principal shall exercise his or her functions
  50. 3

    The Registrar and the Deputy Registrar shall be persons of high moral character. be

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    AI-assisted research summary: The Registrar and Deputy Registrar must be of high moral character, be highly competent, and be fluent in at least one working language of the Court.

    3. The Registrar and the Deputy Registrar shall be persons of high moral character. be highly competent and have an excellent knowledge of and be fluent in at least one of the working l a n p g e s of the Court.
  51. 4

    The judges shall elect the Registrar by an absolute majority by secret ballot, taking

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    AI-assisted research summary: The judges must elect the Registrar by absolute majority and secret ballot, considering any recommendation from the Assembly of States Parties.

    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 in the same of the Registrar, the manner. a Deputy Re,'. OiStrar. judges shall elect,
  52. 5

    The Registrar shall hold office for a term of five years. shall be eligible for re-election

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    AI-assisted research summary: The Registrar serves for five years, may be re-elected once, and must work full time. The Deputy Registrar serves for five years, or a shorter term set by an absolute majority of the judges, and may be elected on the basis that they will serve as required.

    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 3s required.
  53. 6

    The Registrar shall set up a Victims and Witnesses Unit within

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    AI-assisted research summary: The Registrar must set up a Victims and Witnesses Unit in the Registry.

    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 victims who appear before the Court, and others who are at given by such witnesses. The Unit shall include staff with expertise in trauma, including trauma related to crimes of sexual violence. and other appropriate assistance for witnesses, risk on account of testimony Article 44 Staff
  54. 1

    The Prosecutor and the Registrar shall appoint such qualified staff as may be required

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    AI-assisted research summary: The Prosecutor and the Registrar must appoint qualified staff for their respective offices as needed.

    1. The Prosecutor and the Registrar shall appoint such qualified staff as may be required to their respective office:. In appointment of investigators. this shall include the of the Prosecutor, the case
  55. 2

    In the employment of staff, the Prosecutor and the Registrar shall ensure the highest

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    AI-assisted research summary: The Prosecutor and the Registrar must ensure high standards of efficiency, competency, and integrity when employing staff, and must also take account of the criteria in article 36(8) as adapted mutatis mutandis.

    2 . In the employment of staff, the Prosecutor and the Registrar shall ensure the highest standards of efficiency, competency and mutandis, to the criteria set forth in article 36, paragraph 8. integrity, and shall have regard, mutatis 90 No. 23632 GAZETTE, GOVERNMENT 18 JULY 2002 Act No. 27,2002 IMPLEMENTATION OF THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT ACT, 2002
  56. 3

    The Registrar, with the agreement of the Presidency and the Prosecutor, shall propose

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    AI-assisted research summary: The Registrar must propose staff regulations with the agreement of the Presidency and the Prosecutor, and the Assembly of States Parties must approve the Staff Regulations.

    3. The Registrar, with the agreement of the Presidency and the Prosecutor, shall propose staff of the Staff Regulations which include the terms and conditions upon which the Court shall be appointed, remunerated and dismissed. The Staff Regulations shall be approved by the Assembly of States Parties. in exceptional circumstances, employ the expertise
  57. 4

    The Court may,

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    AI-assisted research summary: The Court and the Prosecutor may accept gratis personnel offered by States Parties, intergovernmental organizations, or NGOs, and those personnel must be employed under guidelines set by the Assembly of States Parties.

    4. The Court may, of gratis personnel offered by States Parties, intergovernmental organizations or non-governmen- tal organizations to assist with the work of any of the organs of the Court. The Prosecutor may accept any such offer personnel shall be employed in accordance with guidelines to be established by the Assembly of States Parties. on behalf of the Office of the Prosecutor. Such gratis Article 45 Solemn undertaking Before talung up their respective duties under this Statute, the judges. the Prosecutor, the Deputy Prosecutors, the Registrar and the Deputy Registrar solemn undertaking in open court to exercise his or her respective functions impartially and conscientiously. shall each make a Article 46 Removal from office
  58. 1

    A judge. the Prosecutor. a Deputy Prosecutor, the Registrar or the Deputy Registrar

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    AI-assisted research summary: A judge, the Prosecutor, a Deputy Prosecutor, the Registrar, or the Deputy Registrar must be removed from office if paragraph 2 is followed and the person committed serious misconduct, seriously breached duties, or cannot perform the required functions.

    1. A judge. the Prosecutor. a Deputy Prosecutor, the Registrar or the Deputy Registrar shall be removed from office if a decision to this effect is made in accordance with paragraph 2. in cases where that person: (a) Is found to have committed serious misconduct or a serious breach of his or her duties under this Statute, as provided for in the Rules of Procedure and Evidence; or (b) Is unable to exercise the functions required by this Statute.
  59. 2

    A decision as to the removal from office of a judge. the Prosecutor or a Deputy

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    AI-assisted research summary: The Assembly of States Parties makes removal-from-office decisions for a judge, the Prosecutor, or a Deputy Prosecutor by secret ballot.

    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: (b) In the case of the Prosecutor, by an absolute majority of the States Parties; (c) In the case of a Deputy Prosecutor, by an absolute majority of the States Parties upon the recommendation of the Prosecutor.
  60. 3

    A decision as to the removal from office of the Registrar or Deputy Registrar shall be

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    AI-assisted research summary: A decision to remove the Registrar or Deputy Registrar from office must be made by an absolute majority of the judges.

    3. A decision as to the removal from office of the Registrar or Deputy Registrar shall be made by an absolute majority of the judges.
  61. 4

    A judge. Prosecutor. Deputy Prosecutor. Registrar or Deputy Registrar whose conduct

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    AI-assisted research summary: A challenged judge, prosecutor, deputy prosecutor, registrar, or deputy registrar must be allowed to present and receive evidence and make submissions, but must not otherwise take part in considering the matter.

    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. Article 47 Disciplinary measures A judge. Prosecutor, Deputy Prosecutor, Registrar or Deputy Registrar who has committed misconduct of a less serious nature than that set out in article 46, paragraph 1, shall be sub,ject to disciplinary measures, in accordance with the Rules of Procedure and Evidence. 92 No. 23642 GAZETTE, GOVERNMENT 18 JULY 2002 Act No. 27,2002 IMPLEMENTATION OF THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT ACT. 2002 Article 48 Privileges and immunities
  62. 1

    The Court

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    AI-assisted research summary: The Court is entitled to enjoy privileges and immunities in each State Party’s territory as needed to carry out its purposes.

    1. The Court immunities as are necessary for the fulfilment of its purposes. shall enjoy in the temtory of each State Party such privileges and
  63. 3

    The judges, the Prosecutor, the Deputy Prosecutors and the Registrar shall, when

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    AI-assisted research summary: Court judges, the Prosecutor, Deputy Prosecutors, and the Registrar get diplomatic-style privileges and immunities while working on Court business, and continue to have immunity from legal process for official words and acts after their terms end.

    3. 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 their official capacity. by them in
  64. 3

    The Deputy Registrar, the staff of the Office of the Prosecutor and the staff of the

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    AI-assisted research summary: The Deputy Registrar and specified staff are entitled to the privileges, immunities, and facilities needed to do their jobs.

    3. The Deputy Registrar, the staff of the Office of the Prosecutor and the staff of the Registry shall enjoy the privileges and immunities and facilities necessary for the performance of their functions. in accordance with the agreement on the privileges and immunities of the Court. to be present at the seat of the
  65. 4

    Counsel, experts, witnesses or any other person required

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    AI-assisted research summary: The Court must treat counsel, experts, witnesses, and any other person required by the Court as needed for the Court’s proper functioning, in line with the agreement on privileges and immunities.

    4. Counsel, experts, witnesses or any other person required 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.
  66. 5

    The privileges and immunities of

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    AI-assisted research summary: Certain officials’ privileges and immunities may be waived by specified authorities, and their salaries and allowances cannot be reduced during their terms of office.

    5. The privileges and immunities of (a) A judge or the Prosecutor may be waived by an absolute majority of the judges; (b) The Registrar may be waived by the Presidency; (c) The Deputy Prosecutors and staff of the Office of the Prosecutor may be waived by the Prosecutor: (d) The Deputy Registrar and stafr'of the Registry may be waived by the Registrar. Article 49 Salaries. allowances and expenses 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. Article 50 Official and working languapes
  67. 1

    The official languages of the Court shall be Arabic, Chinese, English. French, Russian

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    AI-assisted research summary: The Court’s official languages are Arabic, Chinese, English, French, Russian, and Spanish. Judgements must be published in those official languages. The Presidency may determine which decisions count as resolving fundamental issues, under criteria in the Rules of Procedure and Evidence.

    1. The official languages of the Court shall be Arabic, Chinese, English. French, Russian and Spanish. The judgements shall be published in the official languages. The fundamental issues before the Court. 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. of the Court. as well as other decisions resolving
  68. 2

    The working languages

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    AI-assisted research summary: The Court’s working languages are English and French, and the Rules of Procedure and Evidence determine when other official languages may be used as working languages.

    2. The working languages The Rules of Procedure and Evidence shall determine the cases in which other official languages may be used as working languages. of the Court shall be English and French. to a proceeding or a State allowed to intervene in a
  69. 3

    At the request of any party

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    AI-assisted research summary: The Court must allow a party or State to use a language other than English or French if requested and the request is adequately justified.

    3. At the request of any party 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 adequately justified. such authorization to be 94 No. 23642 Act No. 27,2002 GAZETTE. GOVERNMENT 18 JULY 2002 IMPLEMENTATION OF THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT ACT, 2002 Article 51 Rules of Procedure and Evidence
  70. 1

    The Rules of Procedure and Evidence

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    AI-assisted research summary: The Rules of Procedure and Evidence enter into force when adopted by a two-thirds majority of the members of the Assembly of States Parties.

    1. The Rules of Procedure and Evidence two-thirds majority of the members of the Assembly of States Parties. shall enter into force upon adoption by a
  71. 2

    Amendments to the Rules of Procedure and Evidence may be proposed by:

    Verify source ↗

    AI-assisted research summary: Three actors may propose amendments to the Rules of Procedure and Evidence, and the amendments enter into force after adoption by a two-thirds majority of the Assembly of States Parties.

    2. Amendments to the Rules of Procedure and Evidence may be proposed by: (a) Any State Party; (b) The judges acting by an absolute majority; or (c) The Prosecutor. Such amendments shall enter into force upon adoption by a two-thirds majority of the members of the Assembly of States Parties.
  72. 3

    After the adoption of the Rules of Procedure and Evidence. in urgent cases where the

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    AI-assisted research summary: Judges may draw up provisional Rules in urgent cases when the existing Rules do not cover a situation before the Court.

    3. After the adoption of the Rules of Procedure and Evidence. in urgent cases where the judges may. by a Rules do not provide for a specific situation before the Court, the two-thirds majority, draw up provisional Rules to be applied until adopted, amended or rejected at the next ordinary or special session of the Assembly of States Parties.
  73. 3

    The Rules of Procedure and Evidence, amendments thereto and any provisional Rule

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    AI-assisted research summary: Rules of Procedure and Evidence, including amendments and provisional rules, must stay consistent with the Statute, and they cannot be applied retroactively if that would disadvantage a person under investigation, prosecution, or conviction.

    3. The Rules of Procedure and Evidence, amendments thereto and any provisional Rule shall be consistent with this Statute. Amendments Evidence as well as provisional Rules shall not be applied retroactively to the detriment of the person who is being investigated or prosecuted or who has been convicted. to the Rules of Procedure and
  74. 5

    In the event of conflict between the Statute and the Rules of Procedure and Evidence,

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    AI-assisted research summary: If there is a conflict between the Statute and the Rules of Procedure and Evidence, the Statute prevails.

    5 . In the event of conflict between the Statute and the Rules of Procedure and Evidence, the Statute shall prevail. Article 53- Repulations of the Court
  75. 1

    The judges shall,

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    AI-assisted research summary: The judges must adopt the Court’s Regulations by absolute majority.

    1. The judges shall, Evidence, adopt, by an absolute majority. the Regulations of the Court necessary for its routine functioning. in accordance with this Statute and the Rules of Procedure and
  76. 2

    The Prosecutor and the Registrar

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    AI-assisted research summary: The Prosecutor and the Registrar Regulations, and any amendments to them, must be consulted in elaborating the matter.

    2. The Prosecutor and the Registrar Regulations and any amendments thereto. shall be consulted in the elaboration of the
  77. 3

    The Regulations and any amendments thereto shall take effect upon adoption unless

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    AI-assisted research summary: The Regulations and amendments take effect on adoption unless the judges decide otherwise, must be circulated to States Parties for comments, and remain in force if there are no majority objections within six months.

    3. The Regulations and any amendments thereto shall take effect upon adoption unless otherwise decided by the judges. Immediately upon adoption. they shall be circulated to States Parties for comments. If within six months there are no objections from a majority of States Parties, they shall remain in force. PART 5 . INVESTIGATION AND PROSECUTION Article 53 Initiation of an investigation this Statute. In deciding whether to him or her,

Part

PART 5 . INVESTIGATION AND PROSECUTION

  1. 1

    The Prosecutor shall, having evaluated the information made available

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    AI-assisted research summary: The Prosecutor must start an investigation after evaluating the information, unless there is no reasonable basis to proceed.

    1. The Prosecutor shall, having evaluated the information made available initiate an investigation unless he or she determines that there is no reasonable basis to proceed under Prosecutor shall consider whether: (a) The information available believe that a crime within the jurisdiction 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. to initiate an investigation, the to the Prosecutor provides to or is being of the Court has been a reasonable basis 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. 96 No. 23642 GOVERNMENT GAZEITE, I8 JULY 2002 Act No. 27,2002 IMPLEMENTATION OF THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT ACT. 2002
  2. 2

    If, upon investigation, the Prosecutor concludes that there is not a sufficient basis for

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    AI-assisted research summary: If the Prosecutor decides there is not enough basis to prosecute, the Prosecutor must tell the Pre-Trial Chamber and the referring State or Security Council why. The Pre-Trial Chamber may review the decision, ask for reconsideration, and in some cases its confirmation is required.

    2. If, upon investigation, the Prosecutor concludes that there is not a sufficient basis for a prosecution because: to seek a warrant or summons (a) There is not a sufficient legal or factual basis under article 58; (b) The case is inadmissible under article 17; or the interests of justice, taking into account all the (c) A prosecution is not in 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. 3. (a) At the request of the State making a referral under article 14 or the Security Council under article 13. paragraph (b), the Pre-Trial Chamber may review a decision of the Prosecutor under paragraph I or 2 not to proceed and may request the Prosecutor to reconsider that decision. (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 l(c) or 2(c). In such a case. the decision of the Prosecutor shall be effective only if confirmed by the Pre-Trial Chamber.
  3. 4

    The Prosecutor may,

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    AI-assisted research summary: The Prosecutor may reconsider a decision to start an investigation or prosecution at any time.

    4. The Prosecutor may, investigation or prosecution based on new facts or information. at any time, reconsider a decision whether to initiate an Article 54 Duties and powers of the Prosecutor with respect to investigations
  4. 1

    The Prosecutor shall:

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    AI-assisted research summary: The Prosecutor must investigate fairly, take effective measures to investigate and prosecute crimes, and fully respect the rights of persons under the Statute.

    1 . The Prosecutor shall: to cover all facts and (a) In order to establish the truth, extend the investigation evidence relevant to an assessment of whether there is criminal responsibility under this Statute, and, in doing so, investigate incriminating and exonerating circum- stances equally; (bj 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 as and personal circumstances 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 (c) Fully respect the rights of persons arising under this Statute. of victims and witnesses, including age, gender
  5. 2

    The Prosecutor may conduct investigations on the territory of a State:

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    AI-assisted research summary: The Prosecutor may conduct investigations on the territory of a State if Part 9 is followed or if the Pre-Trial Chamber authorizes it under article 57(3)(d).

    2. The Prosecutor may conduct investigations on the territory of a State: ( a ) In accordance with the provisions of Part 9: or (bj As authorized by the Pre-Trial Chamber under article 57, paragraph 3(d).
  6. 3

    The Prosecutor may:

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    AI-assisted research summary: The Prosecutor may collect evidence, question certain people, make cooperation arrangements, and take confidentiality and preservation measures. A person under investigation has protections against self-incrimination, coercion, torture, arbitrary arrest, detention, and unlawful deprivation of liberty, and may get a free interpreter and translations when questioned in a language they understand and speak.

    3. The Prosecutor may: the cooperation of any State or intergovernmental organization or (a) Collect and examine evidence; (b) Request the presence of and question persons being investigated, victims and witnesses: (c) Seek arrangement in accordance with its respective competence and/or mandate; (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; (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 (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. 98 No. 33612 GAZETTE. GOVERNMENT I8 JULY 2002 ~ ~~ Act No. 27. 2002 IMPLEMENTATION OF THE ROME STATUTE OF THE INTERKATIONAL CRIMINAL COURT ACT, 2002 Article 55 Rights of persons during an investigation I . In respect of an investigation under this Statute, a person: ( a ) Shall not be compelled to incriminate himself or herself or to confess guilt; (b) Shall not be subjected to any form of coercion, duress of threat, to torture or to any other form of cruel. inhuman or degrading treatment or punishment: ( c ) Shall. if questioned in a language other understands and speaks, have, free interpreter and such translations fairness; and (d) Shall not be subjected to arbitrar), arrest or detention. and shall not be depri\,ed of his or her liberty except on such grounds and in accordance with such procedures as are est:hlished in this Statute. than a language the person fully of any cost, the assistance of a competent as are necessary to meet the requirements of
  7. 2

    Where there are grounds to believe that a

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    AI-assisted research summary: A questioned person must be told the suspicion against them and may stay silent, get legal assistance, and be questioned with counsel; the Prosecutor and Pre-Trial Chamber also have specific information-sharing and evidence-preservation powers.

    2. Where there are grounds to believe that a person has committed a crime within the jurisdiction of the Court and that 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: persoti is about to be questioned either ( a ) To be informed, prior to being questioned. that there are grounds to believe that he or ahe has committed a crime nithin the jurisdiction of the Court; being a consideration ( b ) To remain silent, without such silence determination of guilt or innocence: ( c ) To have legal assistance of the person's choosing, or. ifthe 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 sufticient means to pay for it; and (d) To be questioned in the presence of counsel unless the person has voluntarily \wived hi5 or her right to counsel. in the Article 56 Role of the Pre-Trial Chamber in relation to a unique in\.estigative opportunity 1. ( a ) Where the Prosecutor considers an investigation to present a unique opportunity to take testimony or a statement from a witness or to examine, collect or test evidence, \\ hich may not be a\,ailable subsequently for the purposes of a trial. the Prosecutor shall so inform the Pre-Trial Chamber. ( h ) In that case. the Pre-Trial Chamber may, upon request of the Prosecutor. take such measures ax may be necessary to ensure the efficiency and integrity of the proceedings and. in particular. to protect the rights of the defence. ( c ) Unless the Pre-Trial Chamber orders otherwise. the Prosecutor shall provide the rele\,ant information 10 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. 2. 'l'he measures referred to in paragraph I(b) may include: (a) Making recommendations or orders regarding procedures to be followed: ( b ) Directing that a record be made of the proceedings: (c) Appointing an expert to assist: (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 t o attend and represent the interests of the defence; (e\ Naming one of its members or, if necessary, another available judge of the Pre-Trial or Trial Division to observe and make recommendations or orders of regarding the collection and preservation persons; (f) Taking such other action as may be necessary to collect or preserve evidence. of evidence and the questioning 100 No. 23612 Act No. 27,2002 GAZETTE, GOVERNMENT I 8 JULY 2002 IMPLEMENTATION OF THE ROME STATUTE OF THE IXTERNATIONAL CRIMtNAL COURT ACT. 1002 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. (b) A decision of the Pre-Trial Chamber to act on its own initiative under this paragraph may be appealed by the Prosecutor. The appeal shall be heard on an expedited basis. Article 57 Functions and powers of the Pre-Trial Chamber I . Enless otherRise provided functions in accordance R i t h the provisions of this article. in this Statute, the Pre-Trial Chamber shall exercise its 2. (a) Orders or rulings of the Pre-Trial Chamber issued under articles 15, 18, 19, 54, paragraph 3. 6 1. paragraph 7. and 72 must be concurred in by a majority of its judges. ( b ) In all other cases, a single judge of the Pre-Trial Chamber may exercise the functions pro\,ided for i n this Statute, unless otherwise provided for Procedure and Evidence or by a majority of the Pre-Trial Chamber. in the Rules of
  8. 3

    In addition to its other functions under this Statute, the Pre-Trial Chamber may:

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    AI-assisted research summary: The Pre-Trial Chamber may issue investigation-related orders and warrants, help with defence preparation, protect witnesses and evidence, authorize certain investigative steps, and seek cooperation for protective measures.

    3 . In addition to its other functions under this Statute, the Pre-Trial Chamber may: may be of victims and ( a ) At the request of the Prosecutor, issue such orders and warrants as required for the purposes of an investigation: (b) Upon the request of a person m.ho has been arrested or has appeared pursuant to a summons under article 5 8 , issue such orders. including measures such as those 9 as may be described in article 56, or seek such cooperation pursuant to Part necessary to assist the person in the preparation of his or her defence; (c) Where necessar).. pro\.ide for the protection and privacy witnesses. the presenation of evidence. the protection of persons who have been arrested or appeared in response to a summons, and the protection of national security information; ( 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. uhenever possible having regard 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. (e) Where a warrant of arrest or a summons has been issued under article 58, and having due regard concerned. as prolided for i n this Statute and the Rules of Procedure and Evidence, seek the cooperation to take protective measures for the purpose of forfeiture, in particular for the ultimate benefit of Iictims. to the strength of the evidence and the rights of the parties to the views of the State concerned, the to article 93, paragraph I(k), of States pursuant Article 58 Issuance by the Pre-Trial Chamber of a warrant of arrest or a summons to appear
  9. 1

    At any time after the initiation of an investigation, the Pre-Trial Chamber shall, on the

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    AI-assisted research summary: After an investigation starts, the Pre-Trial Chamber must issue an arrest warrant for a person if the Prosecutor applies and the Chamber is satisfied of the stated grounds and necessity.

    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 102 No. 23642 Act KO. 27,2002 GAZETTE, GOVERNMENT I8 JULY 2002 IMPLEMENTATION OF THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT ACT, 2002 (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.
  10. 3

    The application of the Prosecutor shall contain:

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    AI-assisted research summary: The Prosecutor’s application must include the person’s name, the alleged crimes, a concise statement of facts, a summary of supporting evidence, and the reason arrest is considered necessary.

    3. The application of the Prosecutor shall contain: (a) The name of the person and any other relevant identifying information: (b) A specific reference to the crimes within the jurisdiction of the Court which the person is alleged to have committed: (c) A concise statement of the facts which are alleged to constitute those crimes; (d) A summary of' the evidence and any other information which establish reasonable grounds to believe that the person committed those crimes: and (e) The reason why the Prosecutor necessary. believes that the arrest of the person is
  11. 3

    The warrant of arrest shall contain:

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    AI-assisted research summary: A warrant of arrest must include the person's name, other identifying information, a specific reference to the crimes, and a concise statement of the alleged facts.

    3. The warrant of arrest shall contain: (a) The name of the person and an!' other relevant identifying information: ( b ) A specific reference to the crimes within the jurisdiction of the Court for which the person's arrest is sought: and (c) A concise statement of the facts which are alleged to constitute those crimes.
  12. 4

    The Lvarrant of arrest shall remain in effect until otherM3ise ordered by the Court.

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    AI-assisted research summary: The warrant of arrest stays in effect until the Court orders otherwise.

    4. The Lvarrant of arrest shall remain in effect until otherM3ise ordered by the Court.
  13. 5

    On the basis of the warrant of arrest. the Court mny request the provisional arrest or

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    AI-assisted research summary: The Court may request the provisional arrest or the arrest and surrender of a person under Part 9, based on a warrant of arrest.

    5. On the basis of the warrant of arrest. the Court mny request the provisional arrest or the arrest and surrender of the person under Part 9.
  14. 6

    The Prosecutor may request the Pre-Trial Chamber to amend the warrant of arrest by

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    AI-assisted research summary: The Prosecutor may ask the Pre-Trial Chamber to amend an arrest warrant by changing or adding crimes, and the Chamber must do so if it is satisfied there are reasonable grounds to believe the person committed the added or changed crimes.

    6. The Prosecutor may request the Pre-Trial Chamber to amend the warrant of arrest by modifying or adding to the crimes specified therein. Thc Pre-Trial Chamber shall so amend the warrant if it is satisfied that there are reasonable grounds to believe that the person committed the modified or additional crimes.
  15. 7

    As an alternative to seeking a warrant of arrest. the Prosecutor may submit an

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    AI-assisted research summary: The Prosecutor may apply for a summons instead of seeking a warrant of arrest, and the Pre-Trial Chamber may issue it if certain conditions are met.

    7. As an alternative to seeking a warrant of arrest. the Prosecutor may submit an application requesting that the Pre-Trial Chamber issue 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, restricting liberty (other than detention) if provided for by national law, for the person to appear. The summons shall contain: summons, uith or without conditions a summons for the person to it shall issue the (a) The name of the person and any other relevant identifying information; (b) The specified date on which the person is to appear: (c) A specific reference to the crimes within the jurisdiction of the Court which the person is alleged to have committcd: and (d) A concise statement of the facts which are alleged to constitute the crime. The summons shall be served on the person. Article 59 Arrest proceedings in the custodial State
  16. 1

    A State Party which has received

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    AI-assisted research summary: A State Party that has received surrender must immediately arrest the person in question, following its laws and Part 9.

    1. A State Party which has received surrender shall immediately take steps to arrest the with its laws and the provisions of Part 9. a request for provisional arrest or for arrest and person in question in accordance
  17. 2

    A person arrested shall be brought promptly before the competent judicial authority

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    AI-assisted research summary: A person arrested must be brought promptly before the competent judicial authority in the custodial State.

    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; (b) The person has been arrested in accordance with the proper process; and (c) The person's rights have been respected. 104 GAZETTE, GOVERNMENT No. 23642 ~ ~~~~ I8 JULY 2002 Act No. 27,2002 IMPLEMENTATION OF THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT ACT, 2002
  18. 3

    The person arrested shall have the right to apply to the competent authority in the

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    AI-assisted research summary: A person arrested has the right to apply for interim release while waiting for surrender.

    3. The person arrested shall have the right to apply to the competent authority in the custodial State for interim release pending surrender.
  19. 3

    In reaching a decision on any such application, the competent authority

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    AI-assisted research summary: The competent authority of the custodial State must consider urgent and exceptional circumstances and necessary safeguards when deciding an application for interim release, and it must not review whether the arrest warrant was properly issued under article 58(1)(a) and (b).

    3. In reaching a decision on any such application, the competent authority 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 l(a) and (b). in the
  20. 5

    The Pre-Trial Chamber shall be notified of any request for interim release and shall

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    AI-assisted research summary: The Pre-Trial Chamber must be notified of any interim release request and must make recommendations to the competent authority in the custodial State.

    5. The Pre-Trial Chamber shall be notified of any request for interim release and shall make recommendations to the competent authority in the custodial State. The competent authority in the custodial State shall give full consideration to such recommendations, including any recommendations on measures to prevent the escape rendering its decision. of the person, before
  21. 6

    If the person is granted interim release, the Pre-Trial Chamber may request periodic

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    AI-assisted research summary: If a person is granted interim release, the Pre-Trial Chamber may ask for periodic reports about the release’s status.

    6. If the person is granted interim release, the Pre-Trial Chamber may request periodic reports on the status of the interim release.
  22. 7

    Once ordered to be surrendered by the custodial State, the person shall be delivered

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    AI-assisted research summary: After a surrender order by the custodial State, the person must be delivered to the Court as soon as possible.

    7. Once ordered to be surrendered by the custodial State, the person shall be delivered to the Court as soon as possible. Article 60 Initial proceedings before the Court
  23. 1

    Upon the surrender of the person to the Court. or the person’s appearance before the

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    AI-assisted research summary: When a person is surrendered to the Court or appears voluntarily or on summons, the Pre-Trial Chamber must check the alleged crimes and confirm the person has been informed of rights under the Statute, including the right to apply for interim release pending trial.

    1. Upon the surrender of the person to the Court. or the person’s appearance before the Court voluntarily or pursuant to a summons, the Pre-Trial Chamber shall satisfy itself of the crimes which he or she is alleged to have that the person has been informed committed. and of his or her rights under this Statute, including the right to apply for interim release pending trial.
  24. 2

    A person subject to a warrant of arrest may apply for interim release pending trial. If

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    AI-assisted research summary: A person subject to a warrant of arrest may apply for interim release pending trial; if the Pre-Trial Chamber is not satisfied that the article 58(1) conditions are met, it must release the person, with or without conditions.

    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.
  25. 3

    The Pre-Trial Chamber shall periodically review its ruling on the release or detention

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    AI-assisted research summary: The Pre-Trial Chamber must periodically review its ruling on a person’s release or detention.

    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 release. if it is satisfied that changed circumstances so require. as to detention, release or conditions of
  26. 3

    The Pre-Trial Chamber shall ensure that a person is not detained for an unreasonable

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    AI-assisted research summary: The Pre-Trial Chamber must ensure a person is not held too long before trial because of an inexcusable delay by the Prosecutor.

    3. 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.
  27. 5

    If necessary, the Pre-Trial Chamber

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    AI-assisted research summary: If necessary, the Pre-Trial Chamber may issue a warrant of arrest to secure a released person’s presence before the Article 61 confirmation of charges before trial.

    5. If necessary, the Pre-Trial Chamber presence of a person who has been released. may issue a warrant of arrest to secure the Article 61 Confirmation of the charges before trial
  28. 1

    Subject to the provisions of paragraph 2, within a reasonable time after the person’s

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    AI-assisted research summary: The Pre-Trial Chamber must hold a hearing to confirm the charges, within a reasonable time after the person’s surrender or voluntary appearance, and the Prosecutor, the charged person, and counsel must be present.

    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.
  29. 2

    The Pre-Trial Chamber may, upon request of the Prosecutor or on its own motion,

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    AI-assisted research summary: The Pre-Trial Chamber may, in certain cases, hold a hearing without the accused to confirm the charges.

    2. The Pre-Trial Chamber may, upon request of the Prosecutor or on its own motion, hold a hearing in the absence of the person charged to confirm the charges on which the Prosecutor intends to seek trial when the person has: 106 No. 73642 Act No. 27.2002 GAZETTE, GOVERNMENT 18 JULY 2002 IMPLEMENTATION OF THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT ACT, 2002 (a) Waived his or her right to be present; or (b) Fled or cannot be found and all reasonable steps have been taken to secure his or her appearance before the Court and to inform the person of the charges and that a hearing to confirm those charges will be held. In that case, the person shall be represented by counsel where the Pre-Trial Chamber determines that it is in the interests of justice.
  30. 3

    Within a reasonable time before the hearing, the person shall:

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    AI-assisted research summary: Before the hearing, the person must receive the charges document and be told what evidence the Prosecutor plans to rely on. The Pre-Trial Chamber may make disclosure orders.

    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 hearing. to rely at the The Pre-Trial Chamber may issue orders regarding the disclosure of information for the purposes of the hearing.
  31. 4

    Before the hearing. the Prosecutor may continue the investigation and may amend or

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    AI-assisted research summary: Before the hearing, the Prosecutor may continue the investigation and amend or withdraw charges. If charges are withdrawn, the Prosecutor must notify the Pre-Trial Chamber of the reasons.

    4. Before the hearing. the Prosecutor may continue the investigation and may amend or withdraw any charges. The person shall be given reasonable notice before the hearing of any amendment to or withdrawal of charges. In case of a withdrawal of charges, the Prosecutor shall notify the Pre-Trial Chamber of the reasons for the withdrawal.
  32. 5

    At the hearing. the Prosecutor shall support each charge with sufficient evidence to

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    AI-assisted research summary: At the hearing, the Prosecutor must support each charge with sufficient evidence.

    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.
  33. 6

    At the hearing. the person may:

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    AI-assisted research summary: At the hearing, the person may object to the charges, challenge the Prosecutor’s evidence, and present evidence.

    6. At the hearing. the person may: ( a ) Object to the charges: ( b ) Challenge the evidence presented by the Prosecutor: and ( c ) Present evidence.
  34. 7

    The Pre-Trial Chamber shall. on the basis of the hearing. determine whether there is

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    AI-assisted research summary: The Pre-Trial Chamber must decide, based on the hearing, whether there is enough evidence to support each charged crime, and then either confirm the charges, decline to confirm them, or adjourn the hearing and ask the Prosecutor to consider more evidence, further investigation, or amending a charge.

    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: in relation to which it has determined ( a ) Confirm those charges sufficient evidence. and commit the person charges as confirmed: (b) Decline to confirm those charges there is insufficient evidence; (c) Adjourn the hearing and request the Prosecutor to consider: that there is to a Trial Chamber for trial on the in relation to which it has determined that ( i ) Providing further evidence or conducting further investigation with respect to a particular charge; or (ii) Amending a charge because the evidence submitted appears to establish a different crime within the jurisdiction of the Court.
  35. 8

    Where the Pre-Trial Chamber declines to confirm a charge. the Prosecutor shall not be

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    AI-assisted research summary: If the Pre-Trial Chamber declines to confirm a charge, the Prosecutor may later ask for confirmation again if there is additional evidence.

    8. Where the Pre-Trial Chamber declines to confirm a charge. the Prosecutor shall not be precluded from subsequently requesting its confirmation if the request is supported by additional evidence.
  36. 9

    After the charges are confirmed and before the trial has begun, the Prosecutor may,

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    AI-assisted research summary: The Prosecutor may amend the charges, with the Pre-Trial Chamber’s permission and after notice to the accused, after the charges are confirmed and before trial begins.

    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 commencement of the trial. the Prosecutor may. with the permission Chamber, withdraw the charges. this article to confirm those charges must be held. After of the Trial
  37. 10

    Any warrant previously issued shall cease to have effect with respect to any charges

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    AI-assisted research summary: Previously issued warrants stop having effect for certain charges; once charges are confirmed, the Presidency must constitute a Trial Chamber and that chamber handles later proceedings.

    10. Any warrant previously issued shall cease to have effect with respect to any charges which have not been confirmed withdrawn by the Prosecutor. by the Pre-Trial Chamber or which have been in accordance with this article, the Presidency I 1. Once the charges have been confirmed to paragraph 9 and to article 64, shall constitute a Trial Chamber which, subject paragraph 4. shall be responsible for the conduct of subsequent proceedings and may 108 No. 23641 Act No. 27,2002 GOVERNMENT GAZElTE, 18 JULY 2002 IMPLEMENTATION OF THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT ACT, 2002 exercise any function of the Pre-Trial Chamber that is relevant and capable of application in those proceedings. PART 6. THE TRIAL Article 62 Place of trial Unless otherwise decided, the place of the trial shall be the seat of the Court. Article 63 Trial in the presence of the accused

Part

PART 6. THE TRIAL

  1. 1

    The accused shall be present during the trial

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    AI-assisted research summary: The accused must be present during the trial.

    1. The accused shall be present during the trial
  2. 2

    If the accused, being present before the Court. continues to disrupt the trial, the Trial

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    AI-assisted research summary: If the accused keeps disrupting the trial while present before the Court, the Trial Chamber may remove the accused and must provide a way to follow the trial and instruct counsel remotely if needed.

    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 use of the trial and instruct counsel from outside taken only in communications technology, if required. Such measures shall be exceptional circumstances after other reasonable alternatives have proved inadequate, and only for such duration as is strictly required. the courtroom, through the Article 64 Functions and powers of the Trial Chamber
  3. 1

    The functions and powers of the Trial Chamber set out in this article shall be exercised

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    AI-assisted research summary: The Trial Chamber must exercise the functions and powers in this article in line with the Statute and the Rules of Procedure and Evidence.

    1. The functions and powers of the Trial Chamber set out in this article shall be exercised in accordance with this Statute and the Rules of Procedure and Evidence.
  4. 3

    The Trial Chamber shall ensure that a trial is fair and expeditious and is conducted

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    AI-assisted research summary: The Trial Chamber must ensure trials are fair and expeditious, and must respect the rights of the accused while giving due regard to protecting victims and witnesses.

    3. The Trial Chamber shall ensure that a trial is fair and expeditious and is conducted with full respect for the rights of the accused and due regard for the protection of victims and witnesses.
  5. 3

    Upon assignment of a case for trial in accordance with this Statute, the Trial Chamber

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    AI-assisted research summary: The Trial Chamber must confer with the parties, adopt needed procedures for fair and expeditious proceedings, determine the trial language or languages, and arrange disclosure of previously undisclosed documents or information before trial.

    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; (b) Determine the language or languages to be used at trial; and (c) Subject to any other relevant provisions of this Statute, provide for disclosure of documents or information not previously disclosed, sufficiently in advance of the commencement of the trial to enable adequate preparation for trial.
  6. 4

    The Trial Chamber may, if necessary for its effective and fair functioning,

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    AI-assisted research summary: The Trial Chamber may refer preliminary issues to the Pre-Trial Chamber, or to another available judge of the Pre-Trial Division, if needed for effective and fair functioning.

    4. The Trial Chamber may, if necessary for its effective and fair functioning, refer preliminary issues to the Pre-Trial Chamber or, if necessary, to another available judge of the Pre-Trial Division.
  7. 5

    Upon notice to the parties. the Trial Chamber may, as appropriate, direct that there be

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    AI-assisted research summary: The Trial Chamber may, after notice to the parties and when appropriate, direct joinder or severance for charges against more than one accused.

    5 . Upon notice to the parties. the Trial Chamber may, as appropriate, direct that there be joinder or severance in respect of charges against more than one accused.
  8. 6

    In performing its functions prior to trial or during the course of a trial, the Trial

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    AI-assisted research summary: The Trial Chamber may take listed steps, as needed, before or during trial.

    6. In performing its functions prior to trial or during the course of a trial, the Trial Chamber may. as necessary: to in article 61, testimony of witnesses and production (a) Exercise any functions of the Pre-Trial Chamber referred paragraph 1 1 ; of (b) Require the attendance and documents and other evidence by obtaining, if necessary, the assistance of States as provided in this Statute; (c) Provide for the protection of confidential information; (d) Order the production of evidence in addition to that already collected prior to the trial or presented during the trial by the parties; (e) Provide for the protection of the accused, witnesses and victims; and ( f ) Rule on any other relevant matters. I I O No. 23632 Act No. 27,2002 GOVERNMENT GAZETTE. I8 JULY 3002 IMPLEMENTATION OF THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT ACT, 2002
  9. 7

    The trial shall be held in public. The Trial Chamber may, however, determine that

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    AI-assisted research summary: The trial is to be public, but the Trial Chamber may закры? determine closed sessions in limited circumstances. It must read the charges to the accused at the start, check understanding, and give the accused a chance to admit guilt or plead not guilty. The presiding judge may direct how proceedings are run, and the parties may submit evidence subject to those directions.

    7. The trial shall be held in public. The Trial Chamber may, however, determine that the special circumstances require purposes set forth in article 68. or to protect confidential or sensitive information to be given in evidence. that certain proceedings be in closed session for 8. ( a ) At the commencement of the trial, the Trial Chamber shall have read to the accused the charges previously confirmed by the Pre-Trial Chamber. The Trial Chamber shall satisfy itself that the accused understands the nature of the charges. It shall afford him or her the opportunity to make an admission of guilt i n accordance with article 65 or to plead not guilty. (b) At the trial, the presiding for the conduct of proceedings. including to ensure that they are conducted in a fair and impartial manner. Subject to any directions of the presiding judge, the parties may submit evidence in accordance with the provisions of this Statute. judge may give directions
  10. 9

    The Trial Chamber shall have. inter alia. the power on application of a party or on its

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    AI-assisted research summary: The Trial Chamber can decide whether evidence is admissible or relevant and can take necessary steps to keep hearings orderly. It must also ensure a complete trial record is made and kept by the Registrar.

    9. The Trial Chamber shall have. inter alia. the power on application of a party or on its own motion to: ( a ) Rule on thc admissibility or relevance of e\,idence: and ( b ) Take all necessary steps to maintain order in the course of a hearing. I O . The Trial Chamber shall ensure that a complete record of the trial, which accurately reflects the proceedings. is made and that it is maintained and preserved by the Registrar. Article 65 Proceedings on an admission of m i l t
  11. 1

    Where the accused makes an admission of guilt pursuant to article 64, paragraph 8(a),

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    AI-assisted research summary: If the accused makes an admission of guilt under article 64(8)(a), the Trial Chamber must determine whether the accused understands it, made it voluntarily after sufficient consultation with defence counsel, and whether it is supported by the case facts.

    1. Where the accused makes an admission of guilt pursuant to article 64, paragraph 8(a), the Trial Chamber shall determine whether: ( a ) The accused understands the nature and consequences of the admission of guilt: (b) The admission is voluntarily made by the accused after sufficient consultation with defence counsel: and (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 testimon), of witnesses, presented by the Prosecutor or the accused.
  12. 2

    Where the Trial Chamber is satisfied that the matters referred to in paragraph 1 are

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    AI-assisted research summary: If the Trial Chamber is satisfied that the paragraph 1 matters are established, it must consider additional evidence and may convict the accused of the crime.

    2. Where the Trial Chamber is satisfied that the matters referred to in paragraph 1 are established. it shall consider any additional evidence presented. as establishing all the essential facts that are required to prove the crime t o n~hich the admission of guilt relates. and may con\,ict the accused of that crime. the admission of guilt. together with
  13. 3

    Where the Trial Chamber is not satisfied that the matters referred to in paragraph 1 are

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    AI-assisted research summary: If the Trial Chamber is not satisfied of the matters in paragraph 1, it must treat the admission of guilt as not made, continue the trial under ordinary trial procedures, and may send the case to another Trial Chamber.

    3. Where the Trial Chamber is not satisfied that the matters referred to in paragraph 1 are established. it shall consider the admission of guilt as not having been made, in which case it shall order that the trial be continued under the ordinary trial procedures provided b!, this Statute and may remit the case to another Trial Chamber.
  14. 4

    Where the Trial Chamber is of the opinion that a more complete presentation of the

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    AI-assisted research summary: The Trial Chamber may ask the Prosecutor for more evidence, order the trial to continue under ordinary trial procedures, treat the admission of guilt as not made, and remit the case to another Trial Chamber.

    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 \ictims. the Trial Chamber may: (a) Request the Prosecutor to present additional evidence. including the testimony of witnesses: or (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.
  15. 5

    Any discussions between the Prosecutor and the defence regarding modification of the

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    AI-assisted research summary: Discussions between the Prosecutor and the defence about changing charges, admitting guilt, or penalty are not binding on the Court. Everyone is presumed innocent until proved guilty in accordance with the applicable law.

    5. Any discussions between the Prosecutor and the defence regarding modification of the charges, the admission of guilt or the penalty to be imposed shall not be binding on the Court. 112 No. 23611 Act No. 27,2002 GOVERNMENT GAZETTE, 18 JULY 2002 IMPLEMENTATION OF THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT ACT. 1002 Article 66 Presumption of innocence I . Everyone shall be presumed innocent until proved guilty before the Court in accordance with the applicable law.
  16. 2

    The onus is on the Prosecutor to prove the guilt of the accused.

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    AI-assisted research summary: The Prosecutor must prove the guilt of the accused.

    2. The onus is on the Prosecutor to prove the guilt of the accused.
  17. 3

    In order to convict the accused,

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    AI-assisted research summary: The court must be satisfied beyond reasonable doubt of the accused’s guilt before convicting them.

    3. In order to convict the accused, accused beyond reasonable doubt. the Court must be convinced of the guilt of the Article 67 Rights of the accused
  18. 1

    In the determination of any charge, the accused shall be entitled to a public hearing,

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    AI-assisted research summary: The accused is entitled to a public hearing and a fair, impartial hearing, plus listed defence and trial protections.

    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: (a) TO be informed promptly and in detail of the nature, cause and content of the charge, in a language which the accused fully understands and speaks; ( 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; (c) To be tried without undue delay; (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; (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; (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; (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; (h) To make an unsworn oral or written statement in his or her defence: and (i) Not to have imposed on him or her any reversal of the burden of proof or any onus of rebuttal.
  19. 2

    In addition to any other disclosure provided for in this Statute, the Prosecutor shall. as

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    AI-assisted research summary: The Prosecutor must, as soon as practicable, disclose certain evidence to the defence; if there is doubt about how the paragraph applies, the Court decides.

    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. Article 68 Protection of the victims and witnesses and their participation in the proceedings to protect the safety, physical
  20. 1

    The Court shall take appropriate measures

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    AI-assisted research summary: The Court must take measures to protect victims and witnesses, and the Prosecutor must do so during investigation and prosecution.

    1. The Court shall take appropriate measures 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 prosecu- tion of such crimes. These measures shall not be prejudicial to or inconsistent with the rights of the accused and a fair and impartial trial. I I3 No. 73632 GAZETTE, GOVERNMENT 18 JULY 2002
  21. 2

    As an exception to the principle of public hearings provided for in article 67, the

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    AI-assisted research summary: The Chambers of the Court may hold part of a proceeding in camera or use electronic or other special means for evidence to protect victims, witnesses, or an accused.

    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.

Part

part of the proceedings in camera or allow the presentation of evidence by electronic or

  1. 3

    Where the personal interests of the victims are affected. the Court shall permit their

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    AI-assisted research summary: The Court must let affected victims’ views and concerns be presented and considered, and may let their legal representatives present them if the Court thinks that is appropriate.

    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 i n 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.
  2. 3

    The Victims and Witnesses Unit may advise the Prosecutor and the

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    AI-assisted research summary: The Victims and Witnesses Unit may advise the Prosecutor and the Court on protective measures, security arrangements, counselling, and assistance.

    3. 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.

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