Rome Statute of the International Criminal
Court
Adopted by the United Nations Diplomatic Conference
of Plenipotentiaries on the Establishment of an International
Criminal Court on 17 July 1998
Entry into force: 1 July 2002, in accordance with
article 126
Preamble
The States Parties to this Statute ,
Conscious that all peoples are united by common bonds, their
cultures pieced together in a shared heritage, and concerned that
this delicate mosaic may be shattered at any time,
Mindful that during this century millions of children, women and
men have been victims of unimaginable atrocities that deeply shock
the conscience of humanity,
Recognizing that such grave crimes threaten the peace, security
and well-being of the world,
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 measures 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,
Emphasizing in this connection that nothing in this Statute shall
be taken as authorizing any State Party to intervene in an armed
conflict or in the internal affairs of any State,
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, with
jurisdiction over the most serious crimes of concern to the
international community as a whole,
Emphasizing that the International Criminal Court established
under this Statute shall be complementary to national criminal
jurisdictions,
Resolved to guarantee lasting respect for and the enforcement of
international justice,
Have agreed as follows :
Part 1. Establishment of the Court
Article 1
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.
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
1. The seat of the Court shall be established at The Hague
in the Netherlands ("the host State").
2. The Court shall enter into a headquarters agreement with
the host State, to be approved by the Assembly of States Parties and
thereafter concluded by the President of the Court on its behalf.
3. The Court may sit elsewhere, whenever it considers it
desirable, as provided in this Statute.
Article 4
Legal status and powers of the Court
1. The Court shall have international legal personality. It
shall also have such legal capacity as may be necessary for the
exercise of its functions and the fulfilment of its purposes.
2. The Court may exercise its functions and powers, as
provided in this Statute, on the territory 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
1. The jurisdiction of the Court shall be limited to the
most serious crimes of concern to the international community as a
whole. The Court has jurisdiction in accordance with this Statute
with respect to the following crimes:
( a ) The crime of genocide;
( b ) Crimes against humanity;
( c ) War crimes;
( d ) The crime of aggression.
2. The Court shall exercise jurisdiction over the crime of
aggression once a provision is adopted in accordance with articles
121 and 123 defining the crime and setting out the conditions under
which the Court shall exercise jurisdiction with respect to this
crime. Such a provision shall be consistent with the relevant
provisions of the Charter of the United Nations.
Article 6
Genocide
For the purpose of this Statute, "genocide" means any of the
following acts committed with intent to destroy, in whole or in
part, a national, ethnical, racial or religious group, as such:
( a ) Killing members of the group;
( b ) Causing serious bodily or mental harm to members of
the group;
( c ) Deliberately inflicting on the group conditions of
life calculated to bring about its physical destruction in whole or
in part;
( d ) Imposing measures intended to prevent births within
the group;
( e ) Forcibly transferring children of the group to another
group.
Article 7
Crimes against humanity
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:
( a ) Murder;
( b ) Extermination;
( c ) Enslavement;
( d ) Deportation or forcible transfer of population;
( e ) Imprisonment or other severe deprivation of physical
liberty in violation of fundamental rules 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;
( h ) Persecution against any identifiable group or
collectivity on political, racial, national, ethnic, cultural,
religious, gender as defined in paragraph 3, or other grounds that
are universally recognized as impermissible under international law,
in connection with any act referred to in this paragraph or any
crime within the 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.
2. For the purpose of paragraph 1:
( a ) "Attack directed against any civilian population"
means a course of conduct involving the multiple commission of acts
referred to in paragraph 1 against any civilian population, pursuant
to or in furtherance of a State or organizational policy to commit
such attack;
( 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 physical or mental, upon a person in the
custody or under the control of the accused; except that torture
shall not include pain or suffering arising only from, inherent in
or incidental to, lawful sanctions;
( f ) "Forced pregnancy" means the unlawful confinement of a
woman forcibly made pregnant, with the intent of affecting the
ethnic composition of any population or carrying out other grave
violations of international law. This definition shall not in any
way be interpreted as affecting national laws relating to pregnancy;
( g ) "Persecution" means the intentional and severe
deprivation of fundamental rights contrary to international law by
reason of the identity of the group or collectivity;
( 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 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.
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
1. The Court shall have jurisdiction in respect of war
crimes in particular when committed as part of a plan or policy or
as part of a large-scale commission of such crimes.
2. For the purpose of this Statute, "war crimes" means:
( a ) Grave breaches of the Geneva Conventions of 12 August
1949, namely, any of the following acts against persons or property
protected under the provisions of the relevant Geneva Convention:
i(i) Wilful killing;
(ii) Torture or inhuman treatment, including biological
experiments;
(iii) Wilfully causing great suffering, or serious injury to body
or health;
(iv) Extensive destruction and appropriation of property, not
justified by military necessity and carried out unlawfully and
wantonly;
(v) Compelling a prisoner of war or other protected person to
serve in the forces of a hostile Power;
(vi) Wilfully depriving a prisoner of war or other protected
person of the rights of fair and regular trial;
(vii) Unlawful deportation or transfer or unlawful confinement;
(viii) Taking of hostages.
( b ) Other serious violations of the laws and customs
applicable in international armed conflict, within the established
framework of international law, namely, any of the following acts:
(i) Intentionally directing attacks against the civilian
population as such or against individual civilians not taking direct
part in hostilities;
(ii) Intentionally directing attacks against civilian objects,
that is, objects which are not military objectives;
(iii) Intentionally directing attacks against personnel,
installations, material, units or vehicles involved in a
humanitarian assistance or peacekeeping mission in accordance with
the Charter of the United Nations, as long as they are entitled to
the protection given to civilians or civilian objects under the
international law of armed conflict;
(iv) Intentionally launching an attack in the knowledge that such
attack will cause incidental loss of life or injury to civilians or
damage to civilian objects or widespread, long-term and severe
damage to the natural environment which would be clearly excessive
in relation to the concrete and direct overall military advantage
anticipated;
(v) Attacking or bombarding, by whatever means, towns, villages,
dwellings or buildings which are undefended and which are not
military objectives;
(vi) Killing or wounding a combatant who, having laid down his
arms or having no longer means of defence, has surrendered at
discretion;
(vii) Making improper use of a flag of truce, of the flag or of
the military insignia and uniform of the enemy or of the United
Nations, as well as of the distinctive emblems of the Geneva
Conventions, resulting in death or serious personal injury;
(viii) The transfer, directly or indirectly, by the Occupying
Power of parts of its own civilian population into the territory it
occupies, or the deportation or transfer of all or parts of the
population of the occupied territory within or outside this
territory;
(ix) Intentionally directing attacks against buildings dedicated
to religion, education, art, science or charitable purposes,
historic monuments, hospitals and places where the sick and wounded
are collected, provided they are not military objectives;
(x) Subjecting persons who are in the power of an adverse party
to physical mutilation or to medical or scientific experiments of
any kind which are neither justified by the medical, dental or
hospital treatment of the person concerned nor carried out in his or
her interest, and which cause death to or seriously endanger the
health of such person or persons;
(xi) Killing or wounding treacherously individuals belonging to
the hostile nation or army;
(xii) Declaring that no quarter will be given;
(xiii) Destroying or seizing the enemy's property unless such
destruction or seizure be imperatively demanded by the necessities
of war;
(xiv) Declaring abolished, suspended or inadmissible in a court
of law the rights and actions of the nationals of the hostile party;
(xv) Compelling the nationals of the hostile party to take
part in the operations of war directed against their own country,
even if they were in the belligerent's service before the
commencement of the war;
(xvi) Pillaging a town or place, even when taken by assault;
(xvii) Employing poison or poisoned weapons;
(xviii) Employing asphyxiating, poisonous or other gases, and all
analogous liquids, materials or devices;
(xix) Employing bullets which expand or flatten easily in the
human body, such as bullets with a hard envelope which does not
entirely cover the core or is pierced with incisions;
(xx) Employing weapons, projectiles and material and methods of
warfare which are of a nature to cause superfluous injury or
unnecessary suffering or which are inherently indiscriminate in
violation of the international law of armed conflict, provided that
such weapons, projectiles and material and methods of warfare are
the subject of a comprehensive prohibition and are included in an
annex to this Statute, by an amendment in accordance with the
relevant provisions set forth in articles 121 and 123;
(xxi) Committing outrages upon personal dignity, in particular
humiliating and degrading treatment;
(xxii) Committing rape, sexual slavery, enforced prostitution,
forced pregnancy, as defined in article 7, paragraph 2 ( f ),
enforced sterilization, or any other form of sexual violence also
constituting a grave breach of the Geneva Conventions;
(xxiii) Utilizing the presence of a civilian or other protected
person to render certain points, areas or military forces immune
from military operations;
(xxiv) Intentionally directing attacks against buildings,
material, medical units and transport, and personnel using the
distinctive emblems of the Geneva Conventions in conformity with
international law;
(xxv) Intentionally using starvation of civilians as a
method of warfare by depriving them of objects indispensable to
their survival, including wilfully impeding relief supplies as
provided for under the Geneva Conventions;
(xxvi) Conscripting or enlisting children under the age of
fifteen years into the national armed forces or using them to
participate actively in hostilities.
( c ) 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 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 out of executions
without previous judgement pronounced by a regularly constituted
court, affording all judicial guarantees which are generally
recognized as indispensable.
( 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:
(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, units or vehicles involved in a
humanitarian assistance or peacekeeping mission in accordance with
the Charter of the United Nations, as long as they are entitled to
the protection given to civilians or civilian objects under the
international law of armed conflict;
(iv) Intentionally 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 ( f ),
enforced sterilization, 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 fifteen
years into armed forces or groups or using them to participate
actively in hostilities;
(viii) 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;
(ix) Killing or wounding treacherously a combatant adversary;
(x) Declaring that no quarter will be given;
(xi) 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, and which cause death to or seriously
endanger the health of such person or persons;
(xii) Destroying or seizing the property of an adversary unless
such destruction or seizure be imperatively demanded by the
necessities of the conflict;
( f ) Paragraph 2 ( e ) applies to armed conflicts not of an
international character and thus does not apply to situations of
internal disturbances and tensions, such as riots, isolated and
sporadic acts of violence or other acts of a similar nature. It
applies to armed conflicts that take place in the territory of a
State when there is protracted armed conflict between governmental
authorities and organized armed groups or between such groups.
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
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.
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.
Such amendments shall be adopted by a two-thirds majority of the
members of the Assembly of States Parties.
3. The Elements of Crimes and amendments thereto shall be
consistent with this Statute.
Article 10
Nothing in 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 11
Jurisdiction ratione temporis
1. The Court has jurisdiction only with respect to crimes
committed after the entry into force of this Statute.
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
1. A State which becomes a Party to this Statute thereby
accepts the jurisdiction of the Court with respect to the crimes
referred to in article 5.
2. In the case of article 13, paragraph ( a ) or ( c ), the
Court may exercise its jurisdiction if one or more of the following
States are Parties to this Statute or have accepted the jurisdiction
of the Court in accordance with paragraph 3:
( a ) The State on the territory of which the conduct in
question occurred or, if the crime was committed on board a vessel
or aircraft, the State of registration of that vessel or aircraft;
( b ) The State of which the person accused of the crime is
a national.
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 13
Exercise of jurisdiction
The Court may exercise its jurisdiction with respect to a crime
referred to in article 5 in accordance with the provisions of this
Statute if:
( 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 or more of such crimes
appears to have been committed is referred to the Prosecutor by the
Security Council acting under Chapter VII of the Charter of the
United Nations; or
( c ) The Prosecutor has initiated an investigation in
respect of such a crime in accordance with article 15.
Article 14
Referral of a situation by a State Party
1. A State Party may refer to the Prosecutor a situation in
which one or more crimes within the jurisdiction of the Court appear
to have been committed requesting the 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. As far as possible, a referral shall specify the relevant
circumstances and be accompanied by such supporting documentation as
is available to the State referring the situation.
Article 15
Prosecutor
1. The Prosecutor may initiate investigations proprio motu
on the basis of information on crimes within the jurisdiction of the
Court.
2. The Prosecutor shall analyse the seriousness of the
information received. For this purpose, he or she may seek
additional information from States, organs of the United Nations,
intergovernmental or non-governmental organizations, or other
reliable sources that he or she deems appropriate, and may receive
written or oral testimony at the seat of the Court.
3. If the Prosecutor concludes that there is a reasonable
basis to proceed with an 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.
4. If the Pre-Trial Chamber, upon examination of the request
and the supporting material, considers that there is a reasonable
basis to proceed with an investigation, and that the case appears to
fall within the jurisdiction of the Court, it shall authorize the
commencement of the investigation, without prejudice to subsequent
determinations by the Court with regard to the jurisdiction and
admissibility of a case.
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 on new facts or evidence regarding
the same situation.
6. If, after the preliminary examination referred to in
paragraphs 1 and 2, the Prosecutor concludes that the information
provided does not constitute a reasonable basis for an
investigation, he or she shall inform those who provided the
information. This shall not preclude the Prosecutor from considering
further information submitted to him or her regarding the same
situation in the light of new facts or evidence.
Article 16
Deferral of investigation or prosecution
No investigation or prosecution may be commenced or proceeded
with under this Statute for a period of 12 months after the Security
Council, in a resolution adopted under Chapter VII of the Charter of
the United Nations, has requested the Court to that effect; that
request may be renewed by the Council under the same conditions.
Article 17
Issues of admissibility
1. Having regard to paragraph 10 of the Preamble and article
1, the Court shall determine that a case is inadmissible where:
( a ) The case is being investigated or prosecuted by a
State which has jurisdiction over it, unless the State is unwilling
or unable genuinely to carry out the investigation or prosecution;
( b ) The case has been investigated by a State which has
jurisdiction over it and the State has decided not to prosecute the
person concerned, unless the decision resulted from the
unwillingness or inability of the State genuinely to prosecute;
( 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.
2. In order to determine unwillingness in a particular case,
the Court shall consider, having regard to the principles of due
process recognized by international law, whether one or more of the
following exist, as applicable:
( a ) The proceedings were or are being undertaken or the
national decision was made for the purpose of shielding the person
concerned from criminal responsibility for crimes within the
jurisdiction of the Court referred to in article 5;
( b ) There has been an unjustified delay in the proceedings
which in the circumstances is inconsistent with an intent to bring
the person concerned to justice;
( c ) The proceedings were not or are not being conducted
independently or impartially, and they were or are being conducted
in a manner which, in the circumstances, is inconsistent with an
intent to bring the person concerned to justice.
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 the necessary evidence and testimony
or otherwise unable to carry out its proceedings.
Article 18
Preliminary rulings regarding admissibility
1. When a situation has been referred to the Court pursuant
to article 13 ( a ) and the Prosecutor has determined that there
would be a reasonable basis 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.
2. Within one month of receipt of that notification, a State
may inform the Court that it is investigating or has investigated
its nationals or others within its jurisdiction with respect to
criminal acts which may constitute crimes referred to in article 5
and which relate to the information provided in the notification to
States. At the request of that State, the Prosecutor shall defer to
the State's investigation of those persons unless the Pre-Trial
Chamber, on the application of the Prosecutor, decides to authorize
the investigation.
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 or inability
genuinely to carry out the investigation.
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.
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.
6. Pending a ruling by the Pre-Trial Chamber, or at any time
when the Prosecutor has deferred an investigation under this
article, the Prosecutor may, on an exceptional basis, seek authority
from the Pre-Trial Chamber to pursue necessary investigative steps
for the purpose of preserving evidence where there is a unique
opportunity to obtain important evidence or there is a significant
risk that such evidence may not be subsequently available.
7. A State which has challenged a ruling of the Pre-Trial
Chamber under this article may challenge the admissibility of a case
under article 19 on the grounds of additional significant facts or
significant change of circumstances.
Article 19
Challenges to the jurisdiction of the Court or the admissibility
of a case
1. The Court shall satisfy itself that it has jurisdiction
in any case brought before it. The Court may, on its own motion,
determine the admissibility of a case in accordance with article 17.
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 warrant of arrest or
a summons to appear has been issued under article 58;
( b ) A State which has jurisdiction over a case, on the
ground that it is investigating or prosecuting the case or has
investigated or prosecuted; or
( c ) A State from which acceptance of jurisdiction is
required under article 12.
3. The Prosecutor may seek a ruling from the Court regarding
a question of jurisdiction or admissibility. In proceedings with
respect to jurisdiction or admissibility, those who have referred
the situation under article 13, as well as victims, may also submit
observations to the Court.
4. The admissibility of a case or the jurisdiction of the
Court may be challenged only once by any person or State referred to
in paragraph 2. The challenge shall take place prior to or at the
commencement of the trial. In exceptional circumstances, the Court
may grant leave for a challenge to be brought more than once or at a
time later than the commencement of the trial. Challenges to the
admissibility of a case, at the commencement of a trial, or
subsequently with the leave of the Court, may be based only on
article 17, paragraph 1 ( c ).
5. A State referred to in paragraph 2 ( b ) and ( c ) shall
make a challenge at the earliest opportunity.
6. Prior to the confirmation of the charges, challenges to
the admissibility of a case or challenges to the jurisdiction of the
Court shall be referred to the Pre-Trial Chamber. After confirmation
of the charges, they shall be referred to the Trial Chamber.
Decisions with respect to jurisdiction or admissibility may be
appealed to the Appeals Chamber in accordance with article 82.
7. If a challenge is made by a State referred to in
paragraph 2 ( b ) or ( c ), the Prosecutor shall suspend the
investigation until such time as the Court makes a determination in
accordance with article 17.
8. Pending a ruling by the Court, the Prosecutor may seek
authority from the Court:
( a ) To pursue necessary investigative steps of the kind
referred to in article 18, paragraph 6;
( b ) To take a statement or testimony from a witness or
complete the collection and examination of evidence which had begun
prior to the making of the challenge; and
( 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.
9. The making of a challenge shall not affect the validity
of any act performed by the Prosecutor or any order or warrant
issued by the Court prior to the making of the challenge.
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.
11. If the Prosecutor, having regard to the matters referred
to in article 17, defers an investigation, the Prosecutor may
request that the relevant State make available to the Prosecutor
information on the proceedings. That information shall, at the
request of the State concerned, be confidential. If the Prosecutor
thereafter decides to proceed with an investigation, he or she shall
notify the State to which deferral of the proceedings has taken
place.
Article 20
Ne bis in idem
1. Except as provided in this Statute, no person shall be
tried before the Court with respect to conduct which formed the
basis of crimes for which the person has 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.
3. No person who has been tried by another court for conduct
also proscribed under article 6, 7 or 8 shall be tried by the Court
with respect to the same conduct unless the proceedings in the other
court:
( a ) Were for the purpose of shielding the person concerned
from criminal responsibility for crimes within the jurisdiction of
the Court; or
( 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.
Article 21
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