Study Notes on Rome Statute of the International Criminal Court
International Criminal Court and Rome Statute
Overview of the Rome Statute
Definition: The Rome Statute establishes the International Criminal Court (ICC), a permanent institution with jurisdiction over serious crimes of international concern.
Publication Info: The text is a consolidated version reflecting all amendments adopted as of the latest date, prepared for ease of reference. It includes all relevant notification details by the Secretary-General and links for the status of the amendments.
Official Status: The Court's relationship with the United Nations is defined within this Statute as complementary to national jurisdictions.
Legal Framework: Includes jurisdiction, admissibility, and legal principles governing the Court's operations.
Table of Contents
Preamble
Establishment of the Court
Article 1: The Court
Article 2: Relationship with the United Nations
Article 3: Seat of the Court
Article 4: Legal status and powers
Jurisdiction, Admissibility, and Applicable Law
Article 5: Crimes within jurisdiction
Article 6: Genocide
Article 7: Crimes against humanity
Article 8: War crimes
Article 8 bis: Crime of aggression
Article 9: Elements of Crimes
General Principles of Criminal Law
Composition and Administration of the Court
Investigation and Prosecution
The Trial
Penalties
Appeal and Revision
International Cooperation and Judicial Assistance
Enforcement
Assembly of States Parties
Financing
Final Clauses
Preamble
Recognition of shared cultural heritage and the existence of serious crimes threatening global peace, security, and well-being.
Affirmation of the need to ensure accountability and promote justice for international crimes.
Establishment of the ICC as an independent entity in relation to the UN.
PART 1: ESTABLISHMENT OF THE COURT
Article 1: The ICC is a permanent institution with jurisdiction over serious international crimes. It complements national courts.
Article 2: The Court maintains a relationship with the UN through formal agreements.
Article 3: The ICC is based in The Hague, Netherlands, with provisions for potential alternate locations.
Article 4: The Court possesses international legal personality and necessary legal capacities to fulfill its functions.
PART 2: JURISDICTION, ADMISSIBILITY, AND APPLICABLE LAW
Article 5: Crimes within the Jurisdiction of the ICC
The Court has jurisdiction over four core crimes:
Genocide: Intent to destroy a national, racial, or ethnic group through specific actions (Article 6).
Crimes against Humanity: Widespread or systematic attacks against civilians, including murder, torture, sexual violence, forced displacement, etc. (Article 7).
War Crimes: Serious violations of the laws and customs of war (Article 8).
Crime of Aggression: Acts of aggression violating the UN Charter (Article 8 bis).
Article 6: Genocide
Definition: Acts with intent to destroy a group, including:
Killing members
Causing serious harm
Inflicting conditions calculated to destroy
Preventing births or forcibly transferring children.
Article 7: Crimes Against Humanity
Includes various acts, such as:
Murder, extermination, enslavement, torture, sexual violence, persecution, and others, as part of a widespread attack against civilians.
Article 8: War Crimes
Defined by grave breaches of the Geneva Conventions and other serious violations of international humanitarian law.
Article 8 bis: Crime of Aggression
Description: Planning or executing aggressive acts violating state sovereignty.
Article 9: Elements of Crimes
Outlines the definition and elements of crimes categorized under genocide, crimes against humanity, war crimes, and the crime of aggression.
PART 3: GENERAL PRINCIPLES OF CRIMINAL LAW
Article 22: Nullum Crimen Sine Lege
Prohibits criminal responsibility unless the conduct constitutes a crime under the statute at the time of commission.
Article 23: Nulla Poena Sine Lege
Punishments can only be imposed in accordance with the statute.
Article 24: Non-Retroactivity Ratione Personae
No responsibility for acts prior to the statute coming into force.
Article 25: Individual Criminal Responsibility
Individuals incur responsibility for crimes within jurisdiction, including joint criminal acts.
Article 26: Exclusion of Jurisdiction for Minors
No jurisdiction over persons under 18 years at the time of the crime.
Article 27: Irrelevance of Official Capacity
Official status (e.g., head of state) does not exempt someone from jurisdiction.
Article 28: Responsibility of Commanders
Military commanders can be held liable for crimes committed by forces under their command.
Article 29: Non-Applicability of Statute of Limitations
No limitation for prosecution of crimes under jurisdiction (e.g. genocide).
Article 30: Mental Element
Responsibility based on intent and knowledge regarding the commission and consequence of the crime.
Article 31: Grounds for Excluding Criminal Responsibility
Certain factors, like insanity, intoxication, or self-defense, can exclude liability.
Article 32: Mistake of Fact or Law
Mistakes only exempt liability if negating required mental elements.
Article 33: Superior Orders and Prescription of Law
Following orders is not a defense unless all specified conditions are met.
PART 4: COMPOSITION AND ADMINISTRATION OF THE COURT
Article 34: Organs of the Court
The Court comprises the Presidency, three divisions (Appeals, Trial, Pre-Trial), the Office of the Prosecutor, and the Registry.
Article 35: Service of Judges
Judges must serve full time as designated by workload requirements.
Article 36: Qualifications, Nomination, and Election of Judges
Criteria for judges include high moral character and appropriate expertise in criminal law and international law.
Article 37: Judicial Vacancies
Process for filling vacancies through elections.
Article 38: The Presidency
Elected officials managing Court administration, acting on joint decisions.
Article 39: Chambers
Organization into divisions for efficient judicial processes.
Article 40: Independence of the Judges
Judges must be independent and avoid conflicts of interest.
Article 41: Excusing and Disqualification of Judges
Grounds for disqualification and processes for managing concerns over judge impartiality.
PART 5: INVESTIGATION AND PROSECUTION
Article 53: Initiation of Investigations
Prosecutor initiates based on available evidence unless it lacks a reasonable basis.
Article 54: Duties and Powers of the Prosecutor
Prosecutor’s responsibilities include establishing truth, overseeing investigations, and maintaining victims' interests.
Article 55: Rights of Persons During Investigation
Rights guaranteed include protection from coercion and the need for fair treatment during questioning.
Article 56: Role of the Pre-Trial Chamber
Must oversee unique investigative opportunities and ensure fair legal processes.
Article 57: Functions and Powers of Pre-Trial Chamber
Responsible for issuing warrants and overseeing investigative procedures.
Article 58: Issuance of Warrants of Arrest
Requirements for warrant issuance and relevant details needed in requests.
PART 6: THE TRIAL
Article 62: Place of Trial
Generally to be at Court’s seat, other venues permissible under certain conditions.
Article 63: Trial in the Presence of the Accused
Accused must be present unless conditionally removed for disruptive behavior.
Article 64: Functions and Powers of Trial Chamber
Ensures trials are fair and expeditious, manages trial procedures and language considerations.
Article 65: Proceedings on Admission of Guilt
Procedures following a guilty admission focusing on understanding consequences and voluntariness.
Article 66: Presumption of Innocence
Presumed innocent until guilt proved; prosecution bears the burden of proof.
Article 67: Rights of the Accused
Rights during proceedings, including public hearings, legal representation, and protection from self-incrimination.
Article 68: Protection of Victims and Witnesses
Measures for safeguarding victims and witnesses during proceedings.
Article 69: Evidence
Standards for admissibility and methods for ensuring clarity and integrity of evidence presented.
Article 70: Offences Against Administration of Justice
Jurisdiction over crimes impacting judicial integrity, including false testimony and witness tampering.
Article 71: Sanctions for Misconduct
Available sanctions for those disrupting Court proceedings, including fines and removal from sessions.
Article 72: National Security Information Protection
Handling sensitive national security materials during trials, including disclosure limitations.
Article 73: Third-Party Information
Rules regarding confidentiality of information obtained through third-party states or organizations.
Article 74: Requirements for Decisions
Conditions required for the deliberations and decision-making processes of the Trial Chamber.
Article 75: Reparations to Victims
Principles for determining reparations for victims including restitution and necessary procedures.
Article 76: Sentencing
Convictions follow established principles, specifying factors considered in determining sentences.
PART 7: PENALTIES
Article 77: Applicable Penalties
Permissible sentences include imprisonment terms and conditions applicable following convictions for serious crimes.
Article 78: Determination of Sentences
Considerations for sentencing including prior detention and joint sentences for multiple convictions.
Article 79: Trust Fund
Trust established for supporting victims; ways to manage funds ordered for victim rehabilitation.
Article 80: Non-Prejudice to National Application of Penalties
Clarifies that the ICC's measures do not negate national legal frameworks.
PART 8: APPEAL AND REVISION
Article 81: Appeal Against Conviction or Sentence
Processes for appealing decisions based on errors or procedural issues.
Article 82: Appeal Against Other Decisions
Guidelines for appealing various Court decisions with procedural aspects defined.
Article 83: Proceeding on Appeal
Outlines authority and decision-making processes of the Appeals Chamber.
Article 84: Revision of Conviction or Sentence
Conditions under which final judgments can be reconsidered based on new evidence.
Article 85: Compensation to Arrested or Convicted Persons
Provisions for compensation following wrongful convictions and unlawful detentions.
PART 9: INTERNATIONAL COOPERATION AND ASSISTANCE
Article 86: General Obligation to Cooperate
States Parties are required to cooperate fully with the ICC in its operations.
Article 87: Requests for Cooperation
Procedures in which States are to assist the ICC's requests for evidence and assistance.
Article 88: Availability of Procedures Under National Law
Requirement for States to ensure their laws facilitate compliance with ICC requests.
Article 89: Surrender of Persons to the Court
Specifications and procedures for the arrest and surrender of individuals charged under the ICC jurisdiction.
Article 90: Competing Requests
Protocols for handling competing requests for extradition and prioritization thereof.
Article 91: Contents of Request for Arrest and Surrender
Detailed requirements for drafting requests to arrest individuals intercepted under ICC mandates.
Article 92: Provisional Arrest
Framework for securing provisional arrests ahead of formal extradition.
Article 93: Other Forms of Cooperation
Guidelines for other supportive actions requested by the ICC.
Article 94: Postponement of Execution of a Request
Circumstances under which execution of ICC requests may be delayed.
Article 95: Challenges to Admissibility
Conditions warranting suspension pending validity checks by the ICC.
Article 96: Waiver of Immunity and Consent to Surrender
Protocol towards acting upon requests that may breach international legal stipulations of immunity.
Article 99: Execution of Requests Under Articles 93 and 96
Responding to ICC requests in accordance with national laws while respecting established procedures.
Article 100: Costs
Clarifies financial obligations associated with fulfilling requests related to ICC operations.
Article 101: Rule of Speciality
Guidelines stating that individuals surrendered may not face charges unrelated to those which warranted their surrender.
Article 102: Use of Terms
Definitions provided for terms such as “surrender” as used within the Statute.
PART 10: ENFORCEMENT
Article 103: Role of States in Enforcement
Responsibilities assigned to designated states for serving imposed sentences.
Article 104: Change in Designation of State of Enforcement
Outlines the Court’s authority to transfer sentenced individuals among designated states.
Article 105: Enforcement of Sentence
Guidelines concerning binding nature of sentences pronounced by the Court.
Article 106: Supervision of Sentences
Supervision structures for ensuring compliance with international standards during sentence enforcement.
Article 107: Transfer Upon Sentence Completion
Describes the processes that occur following the completion of a prison term.
Article 108: Limitation on Prosecution for Other Offences
Recap of conditions under which sentenced individuals may face separate prosecution after surrender.
Article 109: Enforcement of Fines
Details responsibilities for executing financial penalties defined by the Court.
Article 110: Review by the Court
Criteria and conditions upon which the Court may revisit sentencing decisions.
Article 111: Escape
Procedures to be followed in the event of a convicted individual escaping custody.
PART 11: ASSEMBLY OF STATES PARTIES
Article 112: Establishment and Functioning of the Assembly
Organizational structure, representation, and decision-making processes of the Assembly of States Parties.
Article 113: Financial Regulations
Oversight regulations on the Court's financial operations and assembly management.
Article 114: Payment of Expenses
Allocation of expenses and liabilities associated with the Court and the Assembly.
Article 115: Funds Provisioning
Diversity in sources funding Court and Assembly operations.
Article 116: Voluntary Contributions
Conditions under which voluntary contributions may be accepted to support the operations of the Court.
Article 117: Assessment of Contributions
Processes for assessing financial contributions of States Parties.
Article 118: Annual Audit
Establishing the necessity for regular auditing of the Court's financials.
PART 12: FINANCING
Detailed considerations and provisions concerning the financial underlying principles governing the budget of the Court.
PART 13: FINAL CLAUSES
Article 119: Settlement of Disputes
Mechanisms for resolving disputes regarding judicial functions of the Court and interpretation of the Statute.
Article 120: Reservations
Restrictions on making reservations to the Statute.
Article 121: Amendments Process
Procedures pertaining to proposing and implementing amendments to the Statute.
Article 122: Institutional Provisions Adjustment
Guidelines for handling institutional nature amendments.
Article 123: Review of the Statute
Established review process providing for amendments or adaptations to the Statute after periods of time.
Article 124: Transitional Provision
Initial conditions allowing new states joining the Court to limit jurisdiction acceptance temporarily.
Article 125: Signature, Ratification, Acceptance, Approval, or Accession
Steps and requirements for states to officially commit to the Statute.
Article 126: Entry into Force
Provisions defining conditions under which the Statute takes effect after ratification.
Article 127: Withdrawal Provisions
Procedures allowing a State Party to formally withdraw from the Statute under specific conditions.
Article 128: Authentic Texts
Reaffirmation that multiple language texts of the Statute maintain equal validity as the original text deposited with UN Secretary-General.
Enactment Date
Statute formally signed on July 17, 1998, at the United Nations Diplomatic Conference in Rome.