Rules of Procedure and Evidence in ICC

Rules of Procedure and Evidence
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5. Rules of Procedure and Evidence
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Contents
Rule
Chapter 1. General provisions
1. Use of terms …………………………………………………………………………………………………..
2. Authentic texts………………………………………………………………………………………………..
3. Amendments…………………………………………………………………………………………………..
Chapter 2. Composition and administration of the Court
Section I. General provisions relating to the composition and administration of
the Court
4. Plenary sessions………………………………………………………………………………………………
4 bis The Presidency………………………………………………………………………………………………..
5. Solemn undertaking under article 45 ………………………………………………………………….
6. Solemn undertaking by the staff of the Office of the Prosecutor, the Registry,
interpreters and translators………………………………………………………………………………..
7. Single judge under article 39, paragraph 2 (b) (iii)……………………………………………….
8. Code of Professional Conduct …………………………………………………………………………..
Section II. The Office of the Prosecutor
9. Operation of the Office of the Prosecutor……………………………………………………………
10. Retention of information and evidence……………………………………………………………….
11. Delegation of the Prosecutor’s functions…………………………………………………………….
Section III. The Registry
Subsection 1. General provisions relating to the Registry
12. Qualifications and election of the Registrar and the Deputy Registrar ……………………
13. Functions of the Registrar…………………………………………………………………………………
14. Operation of the Registry………………………………………………………………………………….
15. Records ………………………………………………………………………………………………………….

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Explanatory note: The Rules of Procedure and Evidence are an instrument for the application of the Rome
Statute of the International Criminal Court, to which they are subordinate in all cases. In elaborating the Rules of
Procedure and Evidence, care has been taken to avoid rephrasing and, to the extent possible, repeating the
provisions of the Statute. Direct references to the Statute have been included in the Rules, where appropriate, in
order to emphasize the relationship between the Rules and the Rome Statute, as provided for in article 51, in
particular, paragraphs 4 and 5. In all cases, the Rules of Procedure and Evidence should be read in conjunction
with and subject to the provisions of the Statute. The Rules of Procedure and Evidence of the International
Criminal Court do not affect the procedural rules for any national court or legal system for the purpose of
national proceedings.
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The Rules of Procedure and Evidence are reproduced from the Official Records of the Assembly of States
Parties to the Rome Statute of the International Criminal Court, First session, New York, 3-10 September 2002
(ICC-ASP/1/3 and Corr.1), part II.A. The amendments are reflected via footnotes.Rules of Procedure and Evidence
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Subsection 2. Victims and Witnesses Unit
16. Responsibilities of the Registrar relating to victims and witnesses…………………………
17. Functions of the Unit ……………………………………………………………………………………….
18. Responsibilities of the Unit……………………………………………………………………………….
19. Expertise in the Unit ………………………………………………………………………………………..
Subsection 3. Counsel for the defence
20. Responsibilities of the Registrar relating to the rights of the defence ……………………..
21. Assignment of legal assistance ………………………………………………………………………….
22. Appointment and qualifications of Counsel for the defence ………………………………….
Section IV. Situations that may affect the functioning of the Court
Subsection 1. Removal from office and disciplinary measures
23. General principle……………………………………………………………………………………………..
24. Definition of serious misconduct and serious breach of duty…………………………………
25. Definition of misconduct of a less serious nature…………………………………………………
26. Receipt of complaints ………………………………………………………………………………………
27. Common provisions on the rights of the defence …………………………………………………
28. Suspension from duty ………………………………………………………………………………………
29. Procedure in the event of a request for removal from office ………………………………….
30. Procedure in the event of a request for disciplinary measures ……………………………….
31. Removal from office………………………………………………………………………………………..
32. Disciplinary measures………………………………………………………………………………………
Subsection 2. Excusing, disqualification, death and resignation
33. Excusing of a judge, the Prosecutor or a Deputy Prosecutor………………………………….
34. Disqualification of a judge, the Prosecutor or a Deputy Prosecutor………………………..
35. Duty of a judge, the Prosecutor or a Deputy Prosecutor to request to be excused …….
36. Death of a judge, the Prosecutor, a Deputy Prosecutor, the Registrar or a Deputy
Registrar…………………………………………………………………………………………………………
37. Resignation of a judge, the Prosecutor, a Deputy Prosecutor, the Registrar or a
Deputy Registrar……………………………………………………………………………………………..
Subsection 3. Replacements and alternate judges
38. Replacements………………………………………………………………………………………………….
39. Alternate judges………………………………………………………………………………………………
Section V. Publication, languages and translation
40. Publication of decisions in official languages of the Court……………………………………
41. Working languages of the Court………………………………………………………………………..
42. Translation and interpretation services……………………………………………………………….Rules of Procedure and Evidence
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43. Procedure applicable to the publication of documents of the Court………………………..
Chapter 3. Jurisdiction and admissibility
Section I. Declarations and referrals relating to articles 11, 12, 13 and 14
44. Declaration provided for in article 12, paragraph 3………………………………………………
45. Referral of a situation to the Prosecutor ……………………………………………………………..
Section II. Initiation of investigations under article 15
46. Information provided to the Prosecutor under article 15, paragraphs 1 and 2…………..
47. Testimony under article 15, paragraph 2 …………………………………………………………….
48. Determination of reasonable basis to proceed with an investigation under article 15,
paragraph 3 …………………………………………………………………………………………………….
49. Decision and notice under article 15, paragraph 6………………………………………………..
50. Procedure for authorization by the Pre-Trial Chamber of the commencement of the
investigation……………………………………………………………………………………………………
Section III. Challenges and preliminary rulings under articles 17, 18 and 19
51. Information provided under article 17 ………………………………………………………………..
52. Notification provided for in article 18, paragraph 1 ……………………………………………..
53. Deferral provided for in article 18, paragraph 2 …………………………………………………..
54. Application by the Prosecutor under article 18, paragraph 2 …………………………………
55. Proceedings concerning article 18, paragraph 2 …………………………………………………..
56. Application by the Prosecutor following review under article 18, paragraph 3 ………..
57. Provisional measures under article 18, paragraph 6 ……………………………………………..
58. Proceedings under article 19……………………………………………………………………………..
59. Participation in proceedings under article 19, paragraph 3 ……………………………………
60. Competent organ to receive challenges………………………………………………………………
61. Provisional measures under article 19, paragraph 8 ……………………………………………..
62. Proceedings under article 19, paragraph 10…………………………………………………………
Chapter 4. Provisions relating to various stages of the proceedings
Section I. Evidence
63. General provisions relating to evidence………………………………………………………………
64. Procedure relating to the relevance or admissibility of evidence ……………………………
65. Compellability of witnesses………………………………………………………………………………
66. Solemn undertaking …………………………………………………………………………………………
67. Live testimony by means of audio or video-link technology …………………………………
68. Prior recorded testimony…………………………………………………………………………………..
69. Agreements as to evidence ……………………………………………………………………………….
70. Principles of evidence in cases of sexual violence ……………………………………………….Rules of Procedure and Evidence
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71. Evidence of other sexual conduct ………………………………………………………………………
72. In camera procedure to consider relevance or admissibility of evidence…………………
73. Privileged communications and information……………………………………………………….
74. Self-incrimination by a witness …………………………………………………………………………
75. Incrimination by family members………………………………………………………………………
Section II. Disclosure
76. Pre-trial disclosure relating to prosecution witnesses……………………………………………
77. Inspection of material in possession or control of the Prosecutor…………………………..
78. Inspection of material in possession or control of the defence……………………………….
79. Disclosure by the defence …………………………………………………………………………………
80. Procedures for raising a ground for excluding criminal responsibility under
article 31, paragraph 3 ……………………………………………………………………………………..
81. Restrictions on disclosure …………………………………………………………………………………
82. Restrictions on disclosure of material and information protected under article 54,
paragraph 3 (e)………………………………………………………………………………………………..
83. Ruling on exculpatory evidence under article 67, paragraph 2 ………………………………
84. Disclosure and additional evidence for trial ………………………………………………………..
Section III. Victims and witnesses
Subsection 1. Definition and general principle relating to victims
85. Definition of victims………………………………………………………………………………………..
86. General principle……………………………………………………………………………………………..
Subsection 2. Protection of victims and witnesses
87. Protective measures …………………………………………………………………………………………
88. Special measures……………………………………………………………………………………………..
Subsection 3. Participation of victims in the proceedings
89. Application for participation of victims in the proceedings…………………………………..
90. Legal representatives of victims………………………………………………………………………..
91. Participation of legal representatives in the proceedings……………………………………….
92. Notification to victims and their legal representatives ………………………………………….
93. Views of victims or their legal representatives…………………………………………………….
Subsection 4. Reparations to victims
94. Procedure upon request…………………………………………………………………………………….
95. Procedure on the motion of the Court…………………………………………………………………
96. Publication of reparation proceedings ………………………………………………………………..
97. Assessment of reparations ………………………………………………………………………………..
98. Trust Fund………………………………………………………………………………………………………Rules of Procedure and Evidence
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99. Cooperation and protective measures for the purpose of forfeiture under articles 57,
paragraph 3 (e), and 75, paragraph 4 ………………………………………………………………….
Section IV. Miscellaneous provisions
100. Place of the proceedings…………………………………………………………………………………..
101. Time limits……………………………………………………………………………………………………..
102. Communications other than in writing ……………………………………………………………….
103. Amicus curiae and other forms of submission……………………………………………………..
Chapter 5. Investigation and prosecution
Section I. Decision of the Prosecutor regarding the initiation of an investigation
under article 53, paragraphs 1 and 2
104. Evaluation of information by the Prosecutor……………………………………………………….
105. Notification of a decision by the Prosecutor not to initiate an investigation…………….
106. Notification of a decision by the Prosecutor not to prosecute ………………………………..
Section II. Procedure under article 53, paragraph 3
107. Request for review under article 53, paragraph 3 (a) ……………………………………………
108. Decision of the Pre-Trial Chamber under article 53, paragraph 3 (a) ……………………..
109. Review by the Pre-Trial Chamber under article 53, paragraph 3 (b) ………………………
110. Decision by the Pre-Trial Chamber under article 53, paragraph 3 (b) …………………….
Section III. Collection of evidence
111. Record of questioning in general……………………………………………………………………….
112. Recording of questioning in particular cases……………………………………………………….
113. Collection of information regarding the state of health of the person concerned………
114. Unique investigative opportunity under article 56 ……………………………………………….
115. Collection of evidence in the territory of a State Party under article 57,
paragraph 3 (d)………………………………………………………………………………………………..
116. Collection of evidence at the request of the defence under article 57,
paragraph 3 (b)………………………………………………………………………………………………..
Section IV. Procedures in respect of restriction and deprivation of liberty
117. Detention in the custodial State …………………………………………………………………………
118. Pre-trial detention at the seat of the Court …………………………………………………………..
119. Conditional release ………………………………………………………………………………………….
120. Instruments of restraint …………………………………………………………………………………….
Section V. Proceedings with regard to the confirmation of charges under article 61
121. Proceedings before the confirmation hearing ………………………………………………………
122. Proceedings at the confirmation hearing in the presence of the person charged……….Rules of Procedure and Evidence
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123. Measures to ensure the presence of the person concerned at the confirmation
hearing …………………………………………………………………………………………………………..
124. Waiver of the right to be present at the confirmation hearing………………………………..
125. Decision to hold the confirmation hearing in the absence of the person
concerned ……………………………………………………………………………………………………….
126. Confirmation hearing in the absence of the person concerned……………………………….
Section VI. Closure of the pre-trial phase
127. Procedure in the event of different decisions on multiple charges………………………….
128. Amendment of the charges……………………………………………………………………………….
129. Notification of the decision on the confirmation of charges ………………………………….
130. Constitution of the Trial Chamber……………………………………………………………………..
Chapter 6. Trial procedure
131. Record of the proceedings transmitted by the Pre-Trial Chamber ………………………….
132. Status conferences……………………………………………………………………………………………
133. Motions challenging admissibility or jurisdiction ………………………………………………..
134. Motions relating to the trial proceedings…………………………………………………………….
135. Medical examination of the accused…………………………………………………………………..
136. Joint and separate trials…………………………………………………………………………………….
137. Record of the trial proceedings………………………………………………………………………….
138. Custody of evidence…………………………………………………………………………………………
139. Decision on admission of guilt ………………………………………………………………………….
140. Directions for the conduct of the proceedings and testimony ………………………………..
141. Closure of evidence and closing statements………………………………………………………..
142. Deliberations…………………………………………………………………………………………………..
143. Additional hearings on matters related to sentence or reparations………………………….
144. Delivery of the decisions of the Trial Chamber……………………………………………………
Chapter 7. Penalties
145. Determination of sentence ………………………………………………………………………………..
146. Imposition of fines under article 77……………………………………………………………………
147. Orders of forfeiture ………………………………………………………………………………………….
148. Orders to transfer fines or forfeitures to the Trust Fund………………………………………..
Chapter 8. Appeal and revision
Section I. General provisions
149. Rules governing proceedings in the Appeals Chamber…………………………………………
Section II. Appeals against convictions, acquittals, sentences and reparation orders
150. Appeal……………………………………………………………………………………………………………Rules of Procedure and Evidence
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151. Procedure for the appeal …………………………………………………………………………………..
152. Discontinuance of the appeal…………………………………………………………………………….
153. Judgement on appeals against reparation orders…………………………………………………..
Section III. Appeals against other decisions
154. Appeals that do not require the leave of the Court ……………………………………………….
155. Appeals that require leave of the Court ………………………………………………………………
156. Procedure for the appeal …………………………………………………………………………………..
157. Discontinuance of the appeal…………………………………………………………………………….
158. Judgement on the appeal…………………………………………………………………………………..
Section IV. Revision of conviction or sentence
159. Application for revision ……………………………………………………………………………………
160. Transfer for the purpose of revision …………………………………………………………………..
161. Determination on revision ………………………………………………………………………………..
Chapter 9. Offences and misconduct against the Court
Section I. Offences against the administration of justice under article 70
162. Exercise of jurisdiction …………………………………………………………………………………….
163. Application of the Statute and the Rules …………………………………………………………….
164. Periods of limitation…………………………………………………………………………………………
165. Investigation, prosecution and trial…………………………………………………………………….
166. Sanctions under article 70…………………………………………………………………………………
167. International cooperation and judicial assistance …………………………………………………
168. Ne bis in idem …………………………………………………………………………………………………
169. Immediate arrest ……………………………………………………………………………………………..
Section II. Misconduct before the Court under article 71
170. Disruption of proceedings…………………………………………………………………………………
171. Refusal to comply with a direction by the Court………………………………………………….
172. Conduct covered by both articles 70 and 71………………………………………………………..
Chapter 10 Compensation to an arrested or convicted person
173. Request for compensation…………………………………………………………………………………
174. Procedure for seeking compensation ………………………………………………………………….
175. Amount of compensation………………………………………………………………………………….
Chapter 11 International cooperation and judicial assistance
Section I. Requests for cooperation under article 87
176. Organs of the Court responsible for the transmission and receipt of any
communications relating to international cooperation and judicial assistance………….Rules of Procedure and Evidence
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177. Channels of communication ……………………………………………………………………………..
178. Language chosen by States Parties under article 87, paragraph 2 …………………………..
179. Language of requests directed to States not party to the Statute …………………………….
180. Changes in the channels of communication or the languages of requests for
cooperation……………………………………………………………………………………………………..
Section II. Surrender, transit and competing requests under articles 89 and 90
181. Challenge to admissibility of a case before a national court ………………………………….
182. Request for transit under article 89, paragraph 3 (e) …………………………………………….
183. Possible temporary surrender…………………………………………………………………………….
184. Arrangements for surrender………………………………………………………………………………
185. Release of a person from the custody of the Court other than upon completion of
sentence………………………………………………………………………………………………………….
186. Competing requests in the context of a challenge to the admissibility of the case…….
Section III. Documents for arrest and surrender under articles 91 and 92
187. Translation of documents accompanying request for surrender……………………………..
188. Time limit for submission of documents after provisional arrest……………………………
189. Transmission of documents supporting the request………………………………………………
Section IV. Cooperation under article 93
190. Instruction on self-incrimination accompanying request for witness………………………
191. Assurance provided by the Court under article 93, paragraph 2 …………………………….
192. Transfer of a person in custody………………………………………………………………………….
193. Temporary transfer of the person from the State of enforcement……………………………
194. Cooperation requested from the Court………………………………………………………………..
Section V. Cooperation under article 98
195. Provision of information…………………………………………………………………………………..
Section VI. Rule of speciality under article 101
196. Provision of views on article 101, paragraph 1 ……………………………………………………
197. Extension of the surrender………………………………………………………………………………..
Chapter 12. Enforcement
Section I. Role of States in enforcement of sentences of imprisonment and change
in designation of State of enforcement under articles 103 and 104
198. Communications between the Court and States …………………………………………………..
199. Organ responsible under Part 10………………………………………………………………………..
200. List of States of enforcement…………………………………………………………………………….
201. Principles of equitable distribution…………………………………………………………………….
202. Timing of delivery of the sentenced person to the State of enforcement …………………Rules of Procedure and Evidence
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203. Views of the sentenced person…………………………………………………………………………..
204. Information relating to designation…………………………………………………………………….
205. Rejection of designation in a particular case ……………………………………………………….
206. Delivery of the sentenced person to the State of enforcement ……………………………….
207. Transit ……………………………………………………………………………………………………………
208. Costs………………………………………………………………………………………………………………
209. Change in designation of State of enforcement……………………………………………………
210. Procedure for change in the designation of a State of enforcement ………………………..
Section II Enforcement, supervision and transfer under articles 105, 106 and 107
211. Supervision of enforcement of sentences and conditions of imprisonment ……………..
212. Information on location of the person for enforcement of fines, forfeitures or
reparation measures …………………………………………………………………………………………
213. Procedure for article 107, paragraph 3………………………………………………………………..
Section III. Limitation on the prosecution or punishment of other offences under
article 108
214. Request to prosecute or enforce a sentence for prior conduct ………………………………..
215. Decision on request to prosecute or enforce a sentence ………………………………………..
216. Information on enforcement ……………………………………………………………………………..
Section IV. Enforcement of fines, forfeiture measures and reparation orders
217. Cooperation and measures for enforcement of fines, forfeiture or reparation orders…
218. Orders for forfeiture and reparations………………………………………………………………….
219. Non-modification of orders for reparation…………………………………………………………..
220. Non-modification of judgements in which fines were imposed ……………………………..
221. Decision on disposition or allocation of property or assets……………………………………
222. Assistance for service or any other measure………………………………………………………..
Section V. Review concerning reduction of sentence under article 110
223. Criteria for review concerning reduction of sentence……………………………………………
224. Procedure for review concerning reduction of sentence………………………………………..
Section VI. Escape
225. Measures under article 111 in the event of escape ……………………………………………….Rules of Procedure and Evidence
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Chapter 1. General Provisions
Rule 1
Use of terms
In the present document:
(a) “article” refers to articles of the Rome Statute;
(b) “Chamber” refers to a Chamber of the Court;
(c) “Part” refers to the Parts of the Rome Statute;
(d) “Presiding Judge” refers to the Presiding Judge of a Chamber;
(e) “the President” refers to the President of the Court;
(f) “the Regulations” refers to the Regulations of the Court;
(g) “the Rules” refers to the Rules of Procedure and Evidence.
Rule 2
Authentic texts
The Rules have been adopted in the official languages of the Court established by
article 50, paragraph 1. All texts are equally authentic.
Rule 3
Amendments
1. Amendments to the rules that are proposed in accordance with article 51, paragraph 2,
shall be forwarded to the President of the Bureau of the Assembly of States Parties.
2. The President of the Bureau of the Assembly of States Parties shall ensure that all
proposed amendments are translated into the official languages of the Court and are
transmitted to the States Parties.
3. The procedure described in sub-rules 1 and 2 shall also apply to the provisional rules
referred to in article 51, paragraph 3.
Chapter 2. Composition and administration of the Court
Section I. General provisions relating to the composition and
administration of the Court
Rule 4
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Plenary sessions
1. The judges shall meet in plenary session after having made their solemn
undertaking, in conformity with rule 5. At that session the judges shall elect the
President and Vice-Presidents.
2. The judges shall meet subsequently in plenary session at least once a year to exercise
their functions under the Statute, the Rules and the Regulations and, if necessary, in special

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As amended by resolution ICC-ASP/10/Res.1.Rules of Procedure and Evidence
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plenary sessions convened by the President on his or her own motion or at the request of one
half of the judges.
3. The quorum for each plenary session shall be two-thirds of the judges.
4. Unless otherwise provided in the Statute or the Rules, the decisions of the plenary
sessions shall be taken by the majority of the judges present. In the event of an equality of
votes, the President, or the judge acting in the place of the President, shall have a casting vote.
5. The Regulations shall be adopted as soon as possible in plenary sessions.
Rule 4 bis
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The Presidency
1. Pursuant to article 38, paragraph 3, the Presidency is established upon election by the
plenary session of the judges.
2. As soon as possible following its establishment, the Presidency shall, after
consultation with the judges, decide on the assignment of judges to divisions in accordance
with article 39, paragraph 1.
Rule 5
Solemn undertaking under article 45
1. As provided in article 45, before exercising their functions under the Statute, the
following solemn undertakings shall be made:
(a) In the case of a judge:
“I solemnly undertake that I will perform my duties and exercise my powers as
a judge of the International Criminal Court honourably, faithfully, impartially and
conscientiously, and that I will respect the confidentiality of investigations and prosecutions
and the secrecy of deliberations.”;
(b) In the case of the Prosecutor, a Deputy Prosecutor, the Registrar and the
Deputy Registrar of the Court:
“I solemnly undertake that I will perform my duties and exercise my powers as
(title) of the International Criminal Court honourably, faithfully, impartially and
conscientiously, and that I will respect the confidentiality of investigations and prosecutions.”
2. The undertaking, signed by the person making it and witnessed by the President or a
Vice-President of the Bureau of the Assembly of States Parties, shall be filed with the
Registry and kept in the records of the Court.
Rule 6
Solemn undertaking by the staff of the Office of the Prosecutor, the Registry,
interpreters and translators
1. Upon commencing employment, every staff member of the Office of the Prosecutor
and the Registry shall make the following undertaking:
“I solemnly undertake that I will perform my duties and exercise my powers as
(title) of the International Criminal Court honourably, faithfully, impartially and

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As amended by resolution ICC-ASP/10/Res.1.Rules of Procedure and Evidence
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conscientiously, and that I will respect the confidentiality of investigations and
prosecutions.”;
The undertaking, signed by the person making it and witnessed, as appropriate, by the
Prosecutor, the Deputy Prosecutor, the Registrar or the Deputy Registrar, shall be filed with
the Registry and kept in the records of the Court.
2. Before performing any duties, an interpreter or a translator shall make the following
undertaking:
“I solemnly declare that I will perform my duties faithfully, impartially and
with full respect for the duty of confidentiality.”;
The undertaking, signed by the person making it and witnessed by the President of the
Court or his or her representative, shall be filed with the Registry and kept in the records of
the Court.
Rule 7
Single judge under article 39, paragraph 2 (b) (iii)
1. Whenever the Pre-Trial Chamber designates a judge as a single judge in accordance
with article 39, paragraph 2 (b) (iii), it shall do so on the basis of objective pre-established
criteria.
2. The designated judge shall make the appropriate decisions on those questions on
which decision by the full Chamber is not expressly provided for in the Statute or the Rules.
3. The Pre-Trial Chamber, on its own motion or, if appropriate, at the request of a party,
may decide that the functions of the single judge be exercised by the full Chamber.
Rule 8
Code of Professional Conduct
1. The Presidency, on the basis of a proposal made by the Registrar, shall draw up a draft
Code of Professional Conduct for counsel, after having consulted the Prosecutor. In the
preparation of the proposal, the Registrar shall conduct the consultations in accordance with
rule 20, sub-rule 3.
2. The draft Code shall then be transmitted to the Assembly of States Parties, for the
purpose of adoption, according to article 112, paragraph 7.
3. The Code shall contain procedures for its amendment.
Section II. The Office of the Prosecutor
Rule 9
Operation of the Office of the Prosecutor
In discharging his or her responsibility for the management and administration of the
Office of the Prosecutor, the Prosecutor shall put in place regulations to govern the operation
of the Office. In preparing or amending these regulations, the Prosecutor shall consult with
the Registrar on any matters that may affect the operation of the Registry.Rules of Procedure and Evidence
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Rule 10
Retention of information and evidence
The Prosecutor shall be responsible for the retention, storage and security of
information and physical evidence obtained in the course of the investigations by his or her
Office.
Rule 11
Delegation of the Prosecutor’s functions
Except for the inherent powers of the Prosecutor set forth in the Statute, inter alia,
those described in articles 15 and 53, the Prosecutor or a Deputy Prosecutor may authorize
staff members of the Office of the Prosecutor, other than those referred to in article 44,
paragraph 4, to represent him or her in the exercise of his or her functions.
Section III. The Registry
Subsection 1. General provisions relating to the Registry
Rule 12
Qualifications and election of the Registrar and the Deputy Registrar
1. As soon as it is elected, the Presidency shall establish a list of candidates who satisfy
the criteria laid down in article 43, paragraph 3, and shall transmit the list to the Assembly of
States Parties with a request for any recommendations.
2. Upon receipt of any recommendations from the Assembly of States Parties, the
President shall, without delay, transmit the list together with the recommendations to the
plenary session.
3. As provided for in article 43, paragraph 4, the Court, meeting in plenary session, shall,
as soon as possible, elect the Registrar by an absolute majority, taking into account any
recommendations by the Assembly of States Parties. In the event that no candidate obtains an
absolute majority on the first ballot, successive ballots shall be held until one candidate
obtains an absolute majority.
4. If the need for a Deputy Registrar arises, the Registrar may make a recommendation to
the President to that effect. The President shall convene a plenary session to decide on the
matter. If the Court, meeting in plenary session, decides by an absolute majority that a Deputy
Registrar is to be elected, the Registrar shall submit a list of candidates to the Court.
5. The Deputy Registrar shall be elected by the Court, meeting in plenary session, in the
same manner as the Registrar.
Rule 13
Functions of the Registrar
1. Without prejudice to the authority of the Office of the Prosecutor under the Statute to
receive, obtain and provide information and to establish channels of communication for this
purpose, the Registrar shall serve as the channel of communication of the Court.
2. The Registrar shall also be responsible for the internal security of the Court in
consultation with the Presidency and the Prosecutor, as well as the host State.Rules of Procedure and Evidence
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Rule 14
Operation of the Registry
1. In discharging his or her responsibility for the organization and management of the
Registry, the Registrar shall put in place regulations to govern the operation of the Registry.
In preparing or amending these regulations, the Registrar shall consult with the Prosecutor on
any matters which may affect the operation of the Office of the Prosecutor. The regulations
shall be approved by the Presidency.
2. The regulations shall provide for defence counsel to have access to appropriate and
reasonable administrative assistance from the Registry.
Rule 15
Records
1. The Registrar shall keep a database containing all the particulars of each case brought
before the Court, subject to any order of a judge or Chamber providing for the non-disclosure
of any document or information, and to the protection of sensitive personal data. Information
on the database shall be available to the public in the working languages of the Court.
2. The Registrar shall also maintain the other records of the Court.
Subsection 2. Victims and Witnesses Unit
Rule 16
Responsibilities of the Registrar relating to victims and witnesses
1. In relation to victims, the Registrar shall be responsible for the performance of the
following functions in accordance with the Statute and these Rules:
(a) Providing notice or notification to victims or their legal representatives;
(b) Assisting them in obtaining legal advice and organizing their legal
representation, and providing their legal representatives with adequate support, assistance and
information, including such facilities as may be necessary for the direct performance of their
duty, for the purpose of protecting their rights during all stages of the proceedings in
accordance with rules 89 to 91;
(c) Assisting them in participating in the different phases of the proceedings in
accordance with rules 89 to 91;
(d) Taking gender-sensitive measures to facilitate the participation of victims of
sexual violence at all stages of the proceedings.
2. In relation to victims, witnesses and others who are at risk on account of testimony
given by such witnesses, the Registrar shall be responsible for the performance of the
following functions in accordance with the Statute and these Rules:
(a) Informing them of their rights under the Statute and the Rules, and of the
existence, functions and availability of the Victims and Witnesses Unit;
(b) Ensuring that they are aware, in a timely manner, of the relevant decisions of
the Court that may have an impact on their interests, subject to provisions on confidentiality.
3. For the fulfilment of his or her functions, the Registrar may keep a special register for
victims who have expressed their intention to participate in relation to a specific case.Rules of Procedure and Evidence
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4. Agreements on relocation and provision of support services on the territory of a State
of traumatized or threatened victims, witnesses and others who are at risk on account of
testimony given by such witnesses may be negotiated with the States by the Registrar on
behalf of the Court. Such agreements may remain confidential.
Rule 17
Functions of the Unit
1. The Victims and Witnesses Unit shall exercise its functions in accordance with
article 43, paragraph 6.
2. The Victims and Witnesses Unit shall, inter alia, perform the following functions, in
accordance with the Statute and the Rules, and in consultation with the Chamber, the
Prosecutor and the defence, as appropriate:
(a) With respect to all witnesses, victims who appear before the Court, and others
who are at risk on account of testimony given by such witnesses, in accordance with their
particular needs and circumstances:
(i) Providing them with adequate protective and security measures and
formulating long- and short-term plans for their protection;
(ii) Recommending to the organs of the Court the adoption of protection
measures and also advising relevant States of such measures;
(iii) Assisting them in obtaining medical, psychological and other
appropriate assistance;
(iv) Making available to the Court and the parties training in issues of
trauma, sexual violence, security and confidentiality;
(v) Recommending, in consultation with the Office of the Prosecutor, the
elaboration of a code of conduct, emphasizing the vital nature of security and
confidentiality for investigators of the Court and of the defence and all
intergovernmental and non-governmental organizations acting at the request of the
Court, as appropriate;
(vi) Cooperating with States, where necessary, in providing any of the
measures stipulated in this rule;
(b) With respect to witnesses:
(i) Advising them where to obtain legal advice for the purpose of
protecting their rights, in particular in relation to their testimony;
(ii) Assisting them when they are called to testify before the Court;
(iii) Taking gender-sensitive measures to facilitate the testimony of victims
of sexual violence at all stages of the proceedings.
3. In performing its functions, the Unit shall give due regard to the particular needs of
children, elderly persons and persons with disabilities. In order to facilitate the participation
and protection of children as witnesses, the Unit may assign, as appropriate, and with the
agreement of the parents or the legal guardian, a child-support person to assist a child through
all stages of the proceedings.Rules of Procedure and Evidence
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Rule 18
Responsibilities of the Unit
For the efficient and effective performance of its work, the Victims and Witnesses
Unit shall:
(a) Ensure that the staff in the Unit maintain confidentiality at all times;
(b) While recognizing the specific interests of the Office of the Prosecutor, the
defence and the witnesses, respect the interests of the witness, including, where necessary, by
maintaining an appropriate separation of the services provided to the prosecution and defence
witnesses, and act impartially when cooperating with all parties and in accordance with the
rulings and decisions of the Chambers;
(c) Have administrative and technical assistance available for witnesses, victims
who appear before the Court, and others who are at risk on account of testimony given by
such witnesses, during all stages of the proceedings and thereafter, as reasonably appropriate;
(d) Ensure training of its staff with respect to victims’ and witnesses’ security,
integrity and dignity, including matters related to gender and cultural sensitivity;
(e) Where appropriate, cooperate with intergovernmental and non-governmental
organizations.
Rule 19
Expertise in the Unit
In addition to the staff mentioned in article 43, paragraph 6, and subject to article 44,
the Victims and Witnesses Unit may include, as appropriate, persons with expertise,
inter alia, in the following areas:
(a) Witness protection and security;
(b) Legal and administrative matters, including areas of humanitarian and criminal
law;
(c) Logistics administration;
(d) Psychology in criminal proceedings;
(e) Gender and cultural diversity;
(f) Children, in particular traumatized children;
(g) Elderly persons, in particular in connection with armed conflict and exile
trauma;
(h) Persons with disabilities;
(i) Social work and counselling;
(j) Health care;
(k) Interpretation and translation.Rules of Procedure and Evidence
17
Subsection 3. Counsel for the defence
Rule 20
Responsibilities of the Registrar relating to the rights of the defence
1. In accordance with article 43, paragraph 1, the Registrar shall organize the staff of the
Registry in a manner that promotes the rights of the defence, consistent with the principle of
fair trial as defined in the Statute. For that purpose, the Registrar shall, inter alia:
(a) Facilitate the protection of confidentiality, as defined in article 67,
paragraph 1 (b);
(b) Provide support, assistance, and information to all defence counsel appearing
before the Court and, as appropriate, support for professional investigators necessary for the
efficient and effective conduct of the defence;
(c) Assist arrested persons, persons to whom article 55, paragraph 2, applies and
the accused in obtaining legal advice and the assistance of legal counsel;
(d) Advise the Prosecutor and the Chambers, as necessary, on relevant defencerelated issues;
(e) Provide the defence with such facilities as may be necessary for the direct
performance of the duty of the defence;
(f) Facilitate the dissemination of information and case law of the Court to defence
counsel and, as appropriate, cooperate with national defence and bar associations or any
independent representative body of counsel and legal associations referred to in sub-rule 3 to
promote the specialization and training of lawyers in the law of the Statute and the Rules.
2. The Registrar shall carry out the functions stipulated in sub-rule 1, including the
financial administration of the Registry, in such a manner as to ensure the professional
independence of defence counsel.
3. For purposes such as the management of legal assistance in accordance with rule 21
and the development of a Code of Professional Conduct in accordance with rule 8, the
Registrar shall consult, as appropriate, with any independent representative body of counsel or
legal associations, including any such body the establishment of which may be facilitated by
the Assembly of States Parties.
Rule 21
Assignment of legal assistance
1. Subject to article 55, paragraph 2 (c), and article 67, paragraph 1 (d), criteria and
procedures for assignment of legal assistance shall be established in the Regulations, based on
a proposal by the Registrar, following consultations with any independent representative body
of counsel or legal associations, as referred to in rule 20, sub-rule 3.
2. The Registrar shall create and maintain a list of counsel who meet the criteria set forth
in rule 22 and the Regulations. The person shall freely choose his or her counsel from this list
or other counsel who meets the required criteria and is willing to be included in the list.Rules of Procedure and Evidence
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3. A person may seek from the Presidency a review of a decision to refuse a request for
assignment of counsel. The decision of the Presidency shall be final. If a request is refused, a
further request may be made by a person to the Registrar, upon showing a change in
circumstances.
4. A person choosing to represent himself or herself shall so notify the Registrar in
writing at the first opportunity.
5. Where a person claims to have insufficient means to pay for legal assistance and this is
subsequently found not to be so, the Chamber dealing with the case at that time may make an
order of contribution to recover the cost of providing counsel.
Rule 22
Appointment and qualifications of Counsel for the defence
1. A counsel for the defence shall have established competence in international or
criminal law and procedure, as well as the necessary relevant experience, whether as judge,
prosecutor, advocate or in other similar capacity, in criminal proceedings. A counsel for the
defence shall have an excellent knowledge of and be fluent in at least one of the working
languages of the Court. Counsel for the defence may be assisted by other persons, including
professors of law, with relevant expertise.
2. Counsel for the defence engaged by a person exercising his or her right under the
Statute to retain legal counsel of his or her choosing shall file a power of attorney with the
Registrar at the earliest opportunity.
3. In the performance of their duties, Counsel for the defence shall be subject to the
Statute, the Rules, the Regulations, the Code of Professional Conduct for Counsel adopted in
accordance with rule 8 and any other document adopted by the Court that may be relevant to
the performance of their duties.
Section IV. Situations that may affect the functioning of the Court
Subsection 1. Removal from office and disciplinary measures
Rule 23
General principle
A judge, the Prosecutor, a Deputy Prosecutor, the Registrar and a Deputy Registrar
shall be removed from office or shall be subject to disciplinary measures in such cases and
with such guarantees as are established in the Statute and the Rules.
Rule 24
Definition of serious misconduct and serious breach of duty
1. For the purposes of article 46, paragraph 1 (a), “serious misconduct” shall be
constituted by conduct that:
(a) If it occurs in the course of official duties, is incompatible with official
functions, and causes or is likely to cause serious harm to the proper administration of justice
before the Court or the proper internal functioning of the Court, such as:Rules of Procedure and Evidence
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(i) Disclosing facts or information that he or she has acquired in the course
of his or her duties or on a matter which is sub judice, where such disclosure is
seriously prejudicial to the judicial proceedings or to any person;
(ii) Concealing information or circumstances of a nature sufficiently
serious to have precluded him or her from holding office;
(iii) Abuse of judicial office in order to obtain unwarranted favourable
treatment from any authorities, officials or professionals; or
(b) If it occurs outside the course of official duties, is of a grave nature that causes
or is likely to cause serious harm to the standing of the Court.
2. For the purposes of article 46, paragraph 1 (a), a “serious breach of duty” occurs
where a person has been grossly negligent in the performance of his or her duties or has
knowingly acted in contravention of those duties. This may include, inter alia, situations
where the person:
(a) Fails to comply with the duty to request to be excused, knowing that there are
grounds for doing so;
(b) Repeatedly causes unwarranted delay in the initiation, prosecution or trial of
cases, or in the exercise of judicial powers.
Rule 25
Definition of misconduct of a less serious nature
1. For the purposes of article 47, “misconduct of a less serious nature” shall be
constituted by conduct that:
(a) If it occurs in the course of official duties, causes or is likely to cause harm to
the proper administration of justice before the Court or the proper internal functioning of the
Court, such as:
(i) Interfering in the exercise of the functions of a person referred to in
article 47;
(ii) Repeatedly failing to comply with or ignoring requests made by the
Presiding Judge or by the Presidency in the exercise of their lawful authority;
(iii) Failing to enforce the disciplinary measures to which the Registrar or a
Deputy Registrar and other officers of the Court are subject when a judge knows or
should know of a serious breach of duty on their part; or
(b) If it occurs outside the course of official duties, causes or is likely to cause
harm to the standing of the Court.
2. Nothing in this rule precludes the possibility of the conduct set out in sub-rule 1 (a)
constituting “serious misconduct” or “serious breach of duty” for the purposes of article 46,
paragraph 1 (a).Rules of Procedure and Evidence
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Rule 26
Receipt of complaints
1. For the purposes of article 46, paragraph 1, and article 47, any complaint concerning
any conduct defined under rules 24 and 25 shall include the grounds on which it is based, the
identity of the complainant and, if available, any relevant evidence. The complaint shall
remain confidential.
2. All complaints shall be transmitted to the Presidency, which may also initiate
proceedings on its own motion, and which shall, pursuant to the Regulations, set aside
anonymous or manifestly unfounded complaints and transmit the other complaints to the
competent organ. The Presidency shall be assisted in this task by one or more judges,
appointed on the basis of automatic rotation, in accordance with the Regulations.
Rule 27
Common provisions on the rights of the defence
1. In any case in which removal from office under article 46 or disciplinary measures
under article 47 is under consideration, the person concerned shall be so informed in a written
statement.
2. The person concerned shall be afforded full opportunity to present and receive
evidence, to make written submissions and to supply answers to any questions put to him or
her.
3. The person may be represented by counsel during the process established under this
rule.
Rule 28
Suspension from duty
Where an allegation against a person who is the subject of a complaint is of a
sufficiently serious nature, the person may be suspended from duty pending the final decision
of the competent organ.
Rule 29
Procedure in the event of a request for removal from office
1. In the case of a judge, the Registrar or a Deputy Registrar, the question of removal
from office shall be put to a vote at a plenary session.
2. The Presidency shall advise the President of the Bureau of the Assembly of States
Parties in writing of any recommendation adopted in the case of a judge, and any decision
adopted in the case of the Registrar or a Deputy Registrar.
3. The Prosecutor shall advise the President of the Bureau of the Assembly of States
Parties in writing of any recommendation he or she makes in the case of a Deputy Prosecutor.
4. Where the conduct is found not to amount to serious misconduct or a serious breach of
duty, it may be decided in accordance with article 47 that the person concerned has engaged
in misconduct of a less serious nature and a disciplinary measure imposed.Rules of Procedure and Evidence
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Rule 30
Procedure in the event of a request for disciplinary measures
1. In the case of a judge, the Registrar or a Deputy Registrar, any decision to impose a
disciplinary measure shall be taken by the Presidency.
2. In the case of the Prosecutor, any decision to impose a disciplinary measure shall be
taken by an absolute majority of the Bureau of the Assembly of States Parties.
3. In the case of a Deputy Prosecutor:
(a) Any decision to give a reprimand shall be taken by the Prosecutor;
(b) Any decision to impose a pecuniary sanction shall be taken by an absolute
majority of the Bureau of the Assembly of States Parties upon the recommendation of the
Prosecutor.
4. Reprimands shall be recorded in writing and shall be transmitted to the President of
the Bureau of the Assembly of States Parties.
Rule 31
Removal from office
Once removal from office has been pronounced, it shall take effect immediately. The
person concerned shall cease to form part of the Court, including for unfinished cases in
which he or she was taking part.
Rule 32
Disciplinary measures
The disciplinary measures that may be imposed are:
(a) A reprimand; or
(b) A pecuniary sanction that may not exceed six months of the salary paid by the
Court to the person concerned.
Subsection 2. Excusing, disqualification, death and resignation
Rule 33
Excusing of a judge, the Prosecutor or a Deputy Prosecutor
1. A judge, the Prosecutor or a Deputy Prosecutor seeking to be excused from his or her
functions shall make a request in writing to the Presidency, setting out the grounds upon
which he or she should be excused.
2. The Presidency shall treat the request as confidential and shall not make public the
reasons for its decision without the consent of the person concerned.
Rule 34
Disqualification of a judge, the Prosecutor or a Deputy Prosecutor
1. In addition to the grounds set out in article 41, paragraph 2, and article 42,
paragraph 7, the grounds for disqualification of a judge, the Prosecutor or a Deputy
Prosecutor shall include, inter alia, the following:Rules of Procedure and Evidence
22
(a) Personal interest in the case, including a spousal, parental or other close family,
personal or professional relationship, or a subordinate relationship, with any of the parties;
(b) Involvement, in his or her private capacity, in any legal proceedings initiated
prior to his or her involvement in the case, or initiated by him or her subsequently, in which
the person being investigated or prosecuted was or is an opposing party;
(c) Performance of functions, prior to taking office, during which he or she could
be expected to have formed an opinion on the case in question, on the parties or on their legal
representatives that, objectively, could adversely affect the required impartiality of the person
concerned;
(d) Expression of opinions, through the communications media, in writing or in
public actions, that, objectively, could adversely affect the required impartiality of the person
concerned.
2. Subject to the provisions set out in article 41, paragraph 2, and article 42, paragraph 8,
a request for disqualification shall be made in writing as soon as there is knowledge of the
grounds on which it is based. The request shall state the grounds and attach any relevant
evidence, and shall be transmitted to the person concerned, who shall be entitled to present
written submissions.
3. Any question relating to the disqualification of the Prosecutor or a Deputy Prosecutor
shall be decided by a majority of the judges of the Appeals Chamber.
Rule 35
Duty of a judge, the Prosecutor or a Deputy Prosecutor to request to be excused
Where a judge, the Prosecutor or a Deputy Prosecutor has reason to believe that a
ground for disqualification exists in relation to him or her, he or she shall make a request to be
excused and shall not wait for a request for disqualification to be made in accordance with
article 41, paragraph 2, or article 42, paragraph 7, and rule 34. The request shall be made and
the Presidency shall deal with it in accordance with rule 33.
Rule 36
Death of a judge, the Prosecutor, a Deputy Prosecutor, the Registrar or a Deputy
Registrar
The Presidency shall inform, in writing, the President of the Bureau of the Assembly
of States Parties of the death of a judge, the Prosecutor, a Deputy Prosecutor, the Registrar or
a Deputy Registrar.
Rule 37
Resignation of a judge, the Prosecutor, a Deputy Prosecutor, the Registrar or a Deputy
Registrar
1. A judge, the Prosecutor, a Deputy Prosecutor, the Registrar or a Deputy Registrar shall
communicate to the Presidency, in writing, his or her decision to resign. The Presidency shall
inform, in writing, the President of the Bureau of the Assembly of States Parties.
2. A judge, the Prosecutor, a Deputy Prosecutor, the Registrar or a Deputy Registrar shall
endeavour to give notice of the date on which his or her resignation will take effect at least six Rules of Procedure and Evidence
23
months in advance. Before the resignation of a judge takes effect, he or she shall make every
effort to discharge his or her outstanding responsibilities.
Subsection 3. Replacements and alternate judges
Rule 38
Replacements
1. A judge may be replaced for objective and justified reasons, inter alia:
(a) Resignation;
(b) Accepted excuse;
(c) Disqualification;
(d) Removal from office;
(e) Death.
2. Replacement shall take place in accordance with the pre-established procedure in the
Statute, the Rules and the Regulations.
Rule 39
Alternate judges
Where an alternate judge has been assigned by the Presidency to a Trial Chamber
pursuant to article 74, paragraph 1, he or she shall sit through all proceedings and
deliberations of the case, but may not take any part therein and shall not exercise any of the
functions of the members of the Trial Chamber hearing the case, unless and until he or she is
required to replace a member of the Trial Chamber if that member is unable to continue
attending. Alternate judges shall be designated in accordance with a procedure pre-established
by the Court.
Section V. Publication, languages and translation
Rule 40
Publication of decisions in official languages of the Court
1. For the purposes of article 50, paragraph 1, the following decisions shall be considered
as resolving fundamental issues:
(a) All decisions of the Appeals Division;
(b) All decisions of the Court on its jurisdiction or on the admissibility of a case
pursuant to articles 17, 18, 19 and 20;
(c) All decisions of a Trial Chamber on guilt or innocence, sentencing and
reparations to victims pursuant to articles 74, 75 and 76;
(d) All decisions of a Pre-Trial Chamber pursuant to article 57, paragraph 3 (d).
2. Decisions on confirmation of charges under article 61, paragraph 7, and on offences
against the administration of justice under article 70, paragraph 3, shall be published in all the
official languages of the Court when the Presidency determines that they resolve fundamental
issues.Rules of Procedure and Evidence
24
3. The Presidency may decide to publish other decisions in all the official languages
when such decisions concern major issues relating to the interpretation or the implementation
of the Statute or concern a major issue of general interest.
Rule 41
Working languages of the Court
1. For the purposes of article 50, paragraph 2, the Presidency shall authorize the use of an
official language of the Court as a working language when:
(a) That language is understood and spoken by the majority of those involved in a
case before the Court and any of the participants in the proceedings so requests; or
(b) The Prosecutor and the defence so request.
2. The Presidency may authorize the use of an official language of the Court as a
working language if it considers that it would facilitate the efficiency of the proceedings.
Rule 42
Translation and interpretation services
The Court shall arrange for the translation and interpretation services necessary to
ensure the implementation of its obligations under the Statute and the Rules.
Rule 43
Procedure applicable to the publication of documents of the Court
The Court shall ensure that all documents subject to publication in accordance with the
Statute and the Rules respect the duty to protect the confidentiality of the proceedings and the
security of victims and witnesses.
Chapter 3. Jurisdiction and admissibility
Section I. Declarations and referrals relating to articles 11, 12, 13 and 14
Rule 44
Declaration provided for in article 12, paragraph 3
1. The Registrar, at the request of the Prosecutor, may inquire of a State that is not a
Party to the Statute or that has become a Party to the Statute after its entry into force, on a
confidential basis, whether it intends to make the declaration provided for in article 12,
paragraph 3.
2. When a State lodges, or declares to the Registrar its intent to lodge, a declaration with
the Registrar pursuant to article 12, paragraph 3, or when the Registrar acts pursuant to subrule 1, the Registrar shall inform the State concerned that the declaration under article 12,
paragraph 3, has as a consequence the acceptance of jurisdiction with respect to the crimes
referred to in article 5 of relevance to the situation and the provisions of Part 9, and any rules
thereunder concerning States Parties, shall apply.Rules of Procedure and Evidence
25
Rule 45
Referral of a situation to the Prosecutor
A referral of a situation to the Prosecutor shall be in writing.
Section II. Initiation of investigations under article 15
Rule 46
Information provided to the Prosecutor under article 15, paragraphs 1 and 2
Where information is submitted under article 15, paragraph 1, or where oral or written
testimony is received pursuant to article 15, paragraph 2, at the seat of the Court, the
Prosecutor shall protect the confidentiality of such information and testimony or take any
other necessary measures, pursuant to his or her duties under the Statute.
Rule 47
Testimony under article 15, paragraph 2
1. The provisions of rules 111 and 112 shall apply, mutatis mutandis, to testimony
received by the Prosecutor pursuant to article 15, paragraph 2.
2. When the Prosecutor considers that there is a serious risk that it might not be possible
for the testimony to be taken subsequently, he or she may request the Pre-Trial Chamber to
take such measures as may be necessary to ensure the efficiency and integrity of the
proceedings and, in particular, to appoint a counsel or a judge from the Pre-Trial Chamber to
be present during the taking of the testimony in order to protect the rights of the defence. If
the testimony is subsequently presented in the proceedings, its admissibility shall be governed
by article 69, paragraph 4, and given such weight as determined by the relevant Chamber.
Rule 48
Determination of reasonable basis to proceed with an investigation under article 15,
paragraph 3
In determining whether there is a reasonable basis to proceed with an investigation
under article 15, paragraph 3, the Prosecutor shall consider the factors set out in article 53,
paragraph 1 (a) to (c).
Rule 49
Decision and notice under article 15, paragraph 6
1. Where a decision under article 15, paragraph 6, is taken, the Prosecutor shall promptly
ensure that notice is provided, including reasons for his or her decision, in a manner that
prevents any danger to the safety, well-being and privacy of those who provided information
to him or her under article 15, paragraphs 1 and 2, or the integrity of investigations or
proceedings.
2. The notice shall also advise of the possibility of submitting further information
regarding the same situation in the light of new facts and evidence. Rules of Procedure and Evidence
26
Rule 50
Procedure for authorization by the Pre-Trial Chamber of the commencement of the
investigation
1. When the Prosecutor intends to seek authorization from the Pre-Trial Chamber to
initiate an investigation pursuant to article 15, paragraph 3, the Prosecutor shall inform
victims, known to him or her or to the Victims and Witnesses Unit, or their legal
representatives, unless the Prosecutor decides that doing so would pose a danger to the
integrity of the investigation or the life or well-being of victims and witnesses. The Prosecutor
may also give notice by general means in order to reach groups of victims if he or she
determines in the particular circumstances of the case that such notice could not pose a danger
to the integrity and effective conduct of the investigation or to the security and well-being of
victims and witnesses. In performing these functions, the Prosecutor may seek the assistance
of the Victims and Witnesses Unit as appropriate.
2. A request for authorization by the Prosecutor shall be in writing.
3. Following information given in accordance with sub-rule 1, victims may make
representations in writing to the Pre-Trial Chamber within such time limit as set forth in the
Regulations.
4. The Pre-Trial Chamber, in deciding on the procedure to be followed, may request
additional information from the Prosecutor and from any of the victims who have made
representations, and, if it considers it appropriate, may hold a hearing.
5. The Pre-Trial Chamber shall issue its decision, including its reasons, as to whether to
authorize the commencement of the investigation in accordance with article 15, paragraph 4,
with respect to all or any part of the request by the Prosecutor. The Chamber shall give notice
of the decision to victims who have made representations.
6. The above procedure shall also apply to a new request to the Pre-Trial Chamber
pursuant to article 15, paragraph 5.
Section III. Challenges and preliminary rulings under articles 17, 18 and 19
Rule 51
Information provided under article 17
In considering the matters referred to in article 17, paragraph 2, and in the context of
the circumstances of the case, the Court may consider, inter alia, information that the State
referred to in article 17, paragraph 1, may choose to bring to the attention of the Court
showing that its courts meet internationally recognized norms and standards for the
independent and impartial prosecution of similar conduct, or that the State has confirmed in
writing to the Prosecutor that the case is being investigated or prosecuted.
Rule 52
Notification provided for in article 18, paragraph 1
1. Subject to the limitations provided for in article 18, paragraph 1, the notification shall
contain information about the acts that may constitute crimes referred to in article 5, relevant
for the purposes of article 18, paragraph 2.Rules of Procedure and Evidence
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2. A State may request additional information from the Prosecutor to assist it in the
application of article 18, paragraph 2. Such a request shall not affect the one-month time limit
provided for in article 18, paragraph 2, and shall be responded to by the Prosecutor on an
expedited basis.
Rule 53
Deferral provided for in article 18, paragraph 2
When a State requests a deferral pursuant to article 18, paragraph 2, that State shall
make this request in writing and provide information concerning its investigation, taking into
account article 18, paragraph 2. The Prosecutor may request additional information from that
State.
Rule 54
Application by the Prosecutor under article 18, paragraph 2
1. An application submitted by the Prosecutor to the Pre-Trial Chamber in accordance
with article 18, paragraph 2, shall be in writing and shall contain the basis for the application.
The information provided by the State under rule 53 shall be communicated by the Prosecutor
to the Pre-Trial Chamber.
2. The Prosecutor shall inform that State in writing when he or she makes an application
to the Pre-Trial Chamber under article 18, paragraph 2, and shall include in the notice a
summary of the basis of the application.
Rule 55
Proceedings concerning article 18, paragraph 2
1. The Pre-Trial Chamber shall decide on the procedure to be followed and may take
appropriate measures for the proper conduct of the proceedings. It may hold a hearing.
2. The Pre-Trial Chamber shall examine the Prosecutor’s application and any
observations submitted by a State that requested a deferral in accordance with article 18,
paragraph 2, and shall consider the factors in article 17 in deciding whether to authorize an
investigation.
3. The decision and the basis for the decision of the Pre-Trial Chamber shall be
communicated as soon as possible to the Prosecutor and to the State that requested a deferral
of an investigation.
Rule 56
Application by the Prosecutor following review under article 18, paragraph 3
1. Following a review by the Prosecutor as set forth in article 18, paragraph 3, the
Prosecutor may apply to the Pre-Trial Chamber for authorization in accordance with article
18, paragraph 2. The application to the Pre-Trial Chamber shall be in writing and shall contain
the basis for the application.
2. Any further information provided by the State under article 18, paragraph 5, shall be
communicated by the Prosecutor to the Pre-Trial Chamber.
3. The proceedings shall be conducted in accordance with rules 54, sub-rule 2, and 55.Rules of Procedure and Evidence
28
Rule 57
Provisional measures under article 18, paragraph 6
An application to the Pre-Trial Chamber by the Prosecutor in the circumstances
provided for in article 18, paragraph 6, shall be considered ex parte and in camera. The PreTrial Chamber shall rule on the application on an expedited basis.
Rule 58
Proceedings under article 19
1. A request or application made under article 19 shall be in writing and contain the basis
for it.
2. When a Chamber receives a request or application raising a challenge or question
concerning its jurisdiction or the admissibility of a case in accordance with article 19,
paragraph 2 or 3, or is acting on its own motion as provided for in article 19, paragraph 1, it
shall decide on the procedure to be followed and may take appropriate measures for the
proper conduct of the proceedings. It may hold a hearing. It may join the challenge or
question to a confirmation or a trial proceeding as long as this does not cause undue delay,
and in this circumstance shall hear and decide on the challenge or question first.
3. The Court shall transmit a request or application received under sub-rule 2 to the
Prosecutor and to the person referred to in article 19, paragraph 2, who has been surrendered
to the Court or who has appeared voluntarily or pursuant to a summons, and shall allow them
to submit written observations to the request or application within a period of time determined
by the Chamber.
4. The Court shall rule on any challenge or question of jurisdiction first and then on any
challenge or question of admissibility.
Rule 59
Participation in proceedings under article 19, paragraph 3
1. For the purpose of article 19, paragraph 3, the Registrar shall inform the following of
any question or challenge of jurisdiction or admissibility which has arisen pursuant to
article 19, paragraphs 1, 2 and 3:
(a) Those who have referred a situation pursuant to article 13;
(b) The victims who have already communicated with the Court in relation to that
case or their legal representatives.
2. The Registrar shall provide those referred to in sub-rule 1, in a manner consistent with
the duty of the Court regarding the confidentiality of information, the protection of any person
and the preservation of evidence, with a summary of the grounds on which the jurisdiction of
the Court or the admissibility of the case has been challenged.
3. Those receiving the information, as provided for in sub-rule 1, may make
representation in writing to the competent Chamber within such time limit as it considers
appropriate.Rules of Procedure and Evidence
29
Rule 60
Competent organ to receive challenges
If a challenge to the jurisdiction of the Court or to the admissibility of a case is made
after a confirmation of the charges but before the constitution or designation of the Trial
Chamber, it shall be addressed to the Presidency, which shall refer it to the Trial Chamber as
soon as the latter is constituted or designated in accordance with rule 130.
Rule 61
Provisional measures under article 19, paragraph 8
When the Prosecutor makes application to the competent Chamber in the
circumstances provided for in article 19, paragraph 8, rule 57 shall apply.
Rule 62
Proceedings under article 19, paragraph 10
1. If the Prosecutor makes a request under article 19, paragraph 10, he or she shall make
the request to the Chamber that made the latest ruling on admissibility. The provisions of
rules 58, 59 and 61 shall be applicable.
2. The State or States whose challenge to admissibility under article 19, paragraph 2,
provoked the decision of inadmissibility provided for in article 19, paragraph 10, shall be
notified of the request of the Prosecutor and shall be given a time limit within which to make
representations.
Chapter 4. Provisions relating to various stages of the proceedings
Section I. Evidence
Rule 63
General provisions relating to evidence
1. The rules of evidence set forth in this chapter, together with article 69, shall apply in
proceedings before all Chambers.
2. A Chamber shall have the authority, in accordance with the discretion described in
article 64, paragraph 9, to assess freely all evidence submitted in order to determine its
relevance or admissibility in accordance with article 69.
3. A Chamber shall rule on an application of a party or on its own motion, made under
article 64, subparagraph 9 (a), concerning admissibility when it is based on the grounds set
out in article 69, paragraph 7.
4. Without prejudice to article 66, paragraph 3, a Chamber shall not impose a legal
requirement that corroboration is required in order to prove any crime within the jurisdiction
of the Court, in particular, crimes of sexual violence.
5. The Chambers shall not apply national laws governing evidence, other than in
accordance with article 21.Rules of Procedure and Evidence
30
Rule 64
Procedure relating to the relevance or admissibility of evidence
1. An issue relating to relevance or admissibility must be raised at the time when the
evidence is submitted to a Chamber. Exceptionally, when those issues were not known at the
time when the evidence was submitted, it may be raised immediately after the issue has
become known. The Chamber may request that the issue be raised in writing. The written
motion shall be communicated by the Court to all those who participate in the proceedings,
unless otherwise decided by the Court.
2. A Chamber shall give reasons for any rulings it makes on evidentiary matters. These
reasons shall be placed in the record of the proceedings if they have not already been
incorporated into the record during the course of the proceedings in accordance with
article 64, paragraph 10, and rule 137, sub-rule 1.
3. Evidence ruled irrelevant or inadmissible shall not be considered by the Chamber.
Rule 65
Compellability of witnesses
1. A witness who appears before the Court is compellable by the Court to provide
testimony, unless otherwise provided for in the Statute and the Rules, in particular
rules 73, 74 and 75.
2. Rule 171 applies to a witness appearing before the Court who is compellable to
provide testimony under sub-rule 1.
Rule 66
Solemn undertaking
1. Except as described in sub-rule 2, every witness shall, in accordance with article 69,
paragraph 1, make the following solemn undertaking before testifying:
“I solemnly declare that I will speak the truth, the whole truth and nothing but the
truth.”
2. A person under the age of 18 or a person whose judgement has been impaired and
who, in the opinion of the Chamber, does not understand the nature of a solemn undertaking
may be allowed to testify without this solemn undertaking if the Chamber considers that the
person is able to describe matters of which he or she has knowledge and that the person
understands the meaning of the duty to speak the truth.
3. Before testifying, the witness shall be informed of the offence defined in article 70,
paragraph 1 (a).
Rule 67
Live testimony by means of audio or video-link technology
1. In accordance with article 69, paragraph 2, a Chamber may allow a witness to give
viva voce (oral) testimony before the Chamber by means of audio or video technology,
provided that such technology permits the witness to be examined by the Prosecutor, the
defence, and by the Chamber itself, at the time that the witness so testifies.Rules of Procedure and Evidence
31
2. The examination of a witness under this rule shall be conducted in accordance with the
relevant rules of this chapter.
3. The Chamber, with the assistance of the Registry, shall ensure that the venue chosen
for the conduct of the audio or video-link testimony is conducive to the giving of truthful and
open testimony and to the safety, physical and psychological well-being, dignity and privacy
of the witness.
Rule 68
Prior recorded testimony
When the Pre-Trial Chamber has not taken measures under article 56, the Trial
Chamber may, in accordance with article 69, paragraph 2, allow the introduction of
previously recorded audio or video testimony of a witness, or the transcript or other
documented evidence of such testimony, provided that:
(a) If the witness who gave the previously recorded testimony is not present before
the Trial Chamber, both the Prosecutor and the defence had the opportunity to examine the
witness during the recording; or
(b) If the witness who gave the previously recorded testimony is present before the
Trial Chamber, he or she does not object to the submission of the previously recorded
testimony and the Prosecutor, the defence and the Chamber have the opportunity to examine
the witness during the proceedings.
Rule 69
Agreements as to evidence
The Prosecutor and the defence may agree that an alleged fact, which is contained in
the charges, the contents of a document, the expected testimony of a witness or other evidence
is not contested and, accordingly, a Chamber may consider such alleged fact as being proven,
unless the Chamber is of the opinion that a more complete presentation of the alleged facts is
required in the interests of justice, in particular the interests of the victims.
Rule 70
Principles of evidence in cases of sexual violence
In cases of sexual violence, the Court shall be guided by and, where appropriate, apply
the following principles:
(a) Consent cannot be inferred by reason of any words or conduct of a victim
where force, threat of force, coercion or taking advantage of a coercive environment
undermined the victim’s ability to give voluntary and genuine consent;
(b) Consent cannot be inferred by reason of any words or conduct of a victim
where the victim is incapable of giving genuine consent;
(c) Consent cannot be inferred by reason of the silence of, or lack of resistance by,
a victim to the alleged sexual violence;
(d) Credibility, character or predisposition to sexual availability of a victim or
witness cannot be inferred by reason of the sexual nature of the prior or subsequent conduct of
a victim or witness.Rules of Procedure and Evidence
32
Rule 71
Evidence of other sexual conduct
In the light of the definition and nature of the crimes within the jurisdiction of the
Court, and subject to article 69, paragraph 4, a Chamber shall not admit evidence of the prior
or subsequent sexual conduct of a victim or witness.
Rule 72
In camera procedure to consider relevance or admissibility of evidence
1. Where there is an intention to introduce or elicit, including by means of the
questioning of a victim or witness, evidence that the victim consented to an alleged crime of
sexual violence, or evidence of the words, conduct, silence or lack of resistance of a victim or
witness as referred to in principles (a) through (d) of rule 70, notification shall be provided to
the Court which shall describe the substance of the evidence intended to be introduced or
elicited and the relevance of the evidence to the issues in the case.
2. In deciding whether the evidence referred to in sub-rule 1 is relevant or admissible, a
Chamber shall hear in camera the views of the Prosecutor, the defence, the witness and the
victim or his or her legal representative, if any, and shall take into account whether that
evidence has a sufficient degree of probative value to an issue in the case and the prejudice
that such evidence may cause, in accordance with article 69, paragraph 4. For this purpose,
the Chamber shall have regard to article 21, paragraph 3, and articles 67 and 68, and shall be
guided by principles (a) to (d) of rule 70, especially with respect to the proposed questioning
of a victim.
3. Where the Chamber determines that the evidence referred to in sub-rule 2 is
admissible in the proceedings, the Chamber shall state on the record the specific purpose for
which the evidence is admissible. In evaluating the evidence during the proceedings, the
Chamber shall apply principles (a) to (d) of rule 70.
Rule 73
Privileged communications and information
1. Without prejudice to article 67, paragraph 1 (b), communications made in the context
of the professional relationship between a person and his or her legal counsel shall be
regarded as privileged, and consequently not subject to disclosure, unless:
(a) The person consents in writing to such disclosure; or
(b) The person voluntarily disclosed the content of the communication to a third
party, and that third party then gives evidence of that disclosure.
2. Having regard to rule 63, sub-rule 5, communications made in the context of a class of
professional or other confidential relationships shall be regarded as privileged, and
consequently not subject to disclosure, under the same terms as in sub-rules 1 (a) and 1 (b) if a
Chamber decides in respect of that class that:
(a) Communications occurring within that class of relationship are made in the
course of a confidential relationship producing a reasonable expectation of privacy and nondisclosure;
(b) Confidentiality is essential to the nature and type of relationship between the
person and the confidant; andRules of Procedure and Evidence
33
(c) Recognition of the privilege would further the objectives of the Statute and the
Rules.
3. In making a decision under sub-rule 2, the Court shall give particular regard to
recognizing as privileged those communications made in the context of the professional
relationship between a person and his or her medical doctor, psychiatrist, psychologist or
counsellor, in particular those related to or involving victims, or between a person and a
member of a religious clergy; and in the latter case, the Court shall recognize as privileged
those communications made in the context of a sacred confession where it is an integral part
of the practice of that religion.
4. The Court shall regard as privileged, and consequently not subject to disclosure,
including by way of testimony of any present or past official or employee of the International
Committee of the Red Cross (ICRC), any information, documents or other evidence which it
came into the possession of in the course, or as a consequence, of the performance by ICRC
of its functions under the Statutes of the International Red Cross and Red Crescent
Movement, unless:
(a) After consultations undertaken pursuant to sub-rule 6, ICRC does not object in
writing to such disclosure, or otherwise has waived this privilege; or
(b) Such information, documents or other evidence is contained in public
statements and documents of ICRC.
5. Nothing in sub-rule 4 shall affect the admissibility of the same evidence obtained from
a source other than ICRC and its officials or employees when such evidence has also been
acquired by this source independently of ICRC and its officials or employees.
6. If the Court determines that ICRC information, documents or other evidence are of
great importance for a particular case, consultations shall be held between the Court and
ICRC in order to seek to resolve the matter by cooperative means, bearing in mind the
circumstances of the case, the relevance of the evidence sought, whether the evidence could
be obtained from a source other than ICRC, the interests of justice and of victims, and the
performance of the Court’s and ICRC’s functions.
Rule 74
Self-incrimination by a witness
1. Unless a witness has been notified pursuant to rule 190, the Chamber shall notify a
witness of the provisions of this rule before his or her testimony.
2. Where the Court determines that an assurance with respect to self-incrimination
should be provided to a particular witness, it shall provide the assurances under sub-rule 3,
paragraph (c), before the witness attends, directly or pursuant to a request under article 93,
paragraph (1) (e).
3. (a) A witness may object to making any statement that might tend to incriminate him
or her.
(b) Where the witness has attended after receiving an assurance under sub-rule 2,
the Court may require the witness to answer the question or questions. Rules of Procedure and Evidence
34
(c) In the case of other witnesses, the Chamber may require the witness to answer
the question or questions, after assuring the witness that the evidence provided in response to
the questions:
(i) Will be kept confidential and will not be disclosed to the public or any
State; and
(ii) Will not be used either directly or indirectly against that person in any
subsequent prosecution by the Court, except under articles 70 and 71.
4. Before giving such an assurance, the Chamber shall seek the views of the Prosecutor,
ex parte, to determine if the assurance should be given to this particular witness.
5. In determining whether to require the witness to answer, the Chamber shall consider:
(a) The importance of the anticipated evidence;
(b) Whether the witness would be providing unique evidence;
(c) The nature of the possible incrimination, if known; and
(d) The sufficiency of the protections for the witness, in the particular
circumstances.
6. If the Chamber determines that it would not be appropriate to provide an assurance to
this witness, it shall not require the witness to answer the question. If the Chamber determines
not to require the witness to answer, it may still continue the questioning of the witness on
other matters.
7. In order to give effect to the assurance, the Chamber shall:
(a) Order that the evidence of the witness be given in camera;
(b) Order that the identity of the witness and the content of the evidence given
shall not be disclosed, in any manner, and provide that the breach of any such order will be
subject to sanction under article 71;
(c) Specifically advise the Prosecutor, the accused, the defence counsel, the legal
representative of the victim and any Court staff present of the consequences of a breach of the
order under subparagraph (b);
(d) Order the sealing of any record of the proceedings; and
(e) Use protective measures with respect to any decision of the Court to ensure
that the identity of the witness and the content of the evidence given are not disclosed.
8. Where the Prosecutor is aware that the testimony of any witness may raise issues with
respect to self-incrimination, he or she shall request an in camera hearing and advise the
Chamber of this, in advance of the testimony of the witness. The Chamber may impose the
measures outlined in sub-rule 7 for all or a part of the testimony of that witness.
9. The accused, the defence counsel or the witness may advise the Prosecutor or the
Chamber that the testimony of a witness will raise issues of self-incrimination before the
witness testifies and the Chamber may take the measures outlined in sub-rule 7.
10. If an issue of self-incrimination arises in the course of the proceedings, the Chamber
shall suspend the taking of the testimony and provide the witness with an opportunity to
obtain legal advice if he or she so requests for the purpose of the application of the rule.Rules of Procedure and Evidence
35
Rule 75
Incrimination by family members
1. A witness appearing before the Court, who is a spouse, child or parent of an accused
person, shall not be required by a Chamber to make any statement that might tend to
incriminate that accused person. However, the witness may choose to make such a statement.
2. In evaluating the testimony of a witness, a Chamber may take into account that the
witness, referred to in sub-rule 1, objected to reply to a question which was intended to
contradict a previous statement made by the witness, or the witness was selective in choosing
which questions to answer.
Section II. Disclosure
Rule 76
Pre-trial disclosure relating to prosecution witnesses
1. The Prosecutor shall provide the defence with the names of witnesses whom the
Prosecutor intends to call to testify and copies of any prior statements made by those
witnesses. This shall be done sufficiently in advance to enable the adequate preparation of the
defence.
2. The Prosecutor shall subsequently advise the defence of the names of any additional
prosecution witnesses and provide copies of their statements when the decision is made to call
those witnesses.
3. The statements of prosecution witnesses shall be made available in original and in a
language which the accused fully understands and speaks.
4. This rule is subject to the protection and privacy of victims and witnesses and the
protection of confidential information as provided for in the Statute and rules 81 and 82.
Rule 77
Inspection of material in possession or control of the Prosecutor
The Prosecutor shall, subject to the restrictions on disclosure as provided for in the
Statute and in rules 81 and 82, permit the defence to inspect any books, documents,
photographs and other tangible objects in the possession or control of the Prosecutor, which
are material to the preparation of the defence or are intended for use by the Prosecutor as
evidence for the purposes of the confirmation hearing or at trial, as the case may be, or were
obtained from or belonged to the person.
Rule 78
Inspection of material in possession or control of the defence
The defence shall permit the Prosecutor to inspect any books, documents, photographs
and other tangible objects in the possession or control of the defence, which are intended for
use by the defence as evidence for the purposes of the confirmation hearing or at trial.Rules of Procedure and Evidence
36
Rule 79
Disclosure by the defence
1. The defence shall notify the Prosecutor of its intent to:
(a) Raise the existence of an alibi, in which case the notification shall specify the
place or places at which the accused claims to have been present at the time of the alleged
crime and the names of witnesses and any other evidence upon which the accused intends to
rely to establish the alibi; or
(b) Raise a ground for excluding criminal responsibility provided for in article 31,
paragraph 1, in which case the notification shall specify the names of witnesses and any other
evidence upon which the accused intends to rely to establish the ground.
2. With due regard to time limits set forth in other rules, notification under sub-rule 1
shall be given sufficiently in advance to enable the Prosecutor to prepare adequately and to
respond. The Chamber dealing with the matter may grant the Prosecutor an adjournment to
address the issue raised by the defence.
3. Failure of the defence to provide notice under this rule shall not limit its right to raise
matters dealt with in sub-rule 1 and to present evidence.
4. This rule does not prevent a Chamber from ordering disclosure of any other evidence.
Rule 80
Procedures for raising a ground for excluding criminal responsibility under article 31,
paragraph 3
1. The defence shall give notice to both the Trial Chamber and the Prosecutor if it
intends to raise a ground for excluding criminal responsibility under article 31, paragraph 3.
This shall be done sufficiently in advance of the commencement of the trial to enable the
Prosecutor to prepare adequately for trial.
2. Following notice given under sub-rule 1, the Trial Chamber shall hear both the
Prosecutor and the defence before deciding whether the defence can raise a ground for
excluding criminal responsibility.
3. If the defence is permitted to raise the ground, the Trial Chamber may grant the
Prosecutor an adjournment to address that ground.
Rule 81
Restrictions on disclosure
1. Reports, memoranda or other internal documents prepared by a party, its assistants or
representatives in connection with the investigation or preparation of the case are not subject
to disclosure.
2. Where material or information is in the possession or control of the Prosecutor which
must be disclosed in accordance with the Statute, but disclosure may prejudice further or
ongoing investigations, the Prosecutor may apply to the Chamber dealing with the matter for
a ruling as to whether the material or information must be disclosed to the defence. The matter
shall be heard on an ex parte basis by the Chamber. However, the Prosecutor may not
introduce such material or information into evidence during the confirmation hearing or the
trial without adequate prior disclosure to the accused.Rules of Procedure and Evidence
37
3. Where steps have been taken to ensure the confidentiality of information, in
accordance with articles 54, 57, 64, 72 and 93, and, in accordance with article 68, to protect
the safety of witnesses and victims and members of their families, such information shall not
be disclosed, except in accordance with those articles. When the disclosure of such
information may create a risk to the safety of the witness, the Court shall take measures to
inform the witness in advance.
4. The Chamber dealing with the matter shall, on its own motion or at the request of the
Prosecutor, the accused or any State, take the necessary steps to ensure the confidentiality of
information, in accordance with articles 54, 72 and 93, and, in accordance with article 68, to
protect the safety of witnesses and victims and members of their families, including by
authorizing the non-disclosure of their identity prior to the commencement of the trial.
5. Where material or information is in the possession or control of the Prosecutor which
is withheld under article 68, paragraph 5, such material and information may not be
subsequently introduced into evidence during the confirmation hearing or the trial without
adequate prior disclosure to the accused.
6. Where material or information is in the possession or control of the defence which is
subject to disclosure, it may be withheld in circumstances similar to those which would allow
the Prosecutor to rely on article 68, paragraph 5, and a summary thereof submitted instead.
Such material and information may not be subsequently introduced into evidence during the
confirmation hearing or the trial without adequate prior disclosure to the Prosecutor.
Rule 82
Restrictions on disclosure of material and information protected under article 54,
paragraph 3 (e)
1. Where material or information is in the possession or control of the Prosecutor which
is protected under article 54, paragraph 3 (e), the Prosecutor may not subsequently introduce
such material or information into evidence without the prior consent of the provider of the
material or information and adequate prior disclosure to the accused.
2. If the Prosecutor introduces material or information protected under article 54,
paragraph 3 (e), into evidence, a Chamber may not order the production of additional
evidence received from the provider of the initial material or information, nor may a Chamber
for the purpose of obtaining such additional evidence itself summon the provider or a
representative of the provider as a witness or order their attendance.
3. If the Prosecutor calls a witness to introduce in evidence any material or information
which has been protected under article 54, paragraph 3 (e), a Chamber may not compel that
witness to answer any question relating to the material or information or its origin, if the
witness declines to answer on grounds of confidentiality.
4. The right of the accused to challenge evidence which has been protected under article
54, paragraph 3 (e), shall remain unaffected subject only to the limitations contained in subrules 2 and 3.
5. A Chamber dealing with the matter may order, upon application by the defence, that,
in the interests of justice, material or information in the possession of the accused, which has
been provided to the accused under the same conditions as set forth in article 54, paragraph 3
(e), and which is to be introduced into evidence, shall be subject mutatis mutandis to sub-rules
1, 2 and 3.Rules of Procedure and Evidence
38
Rule 83
Ruling on exculpatory evidence under article 67, paragraph 2
The Prosecutor may request as soon as practicable a hearing on an ex parte basis
before the Chamber dealing with the matter for the purpose of obtaining a ruling under article
67, paragraph 2.
Rule 84
Disclosure and additional evidence for trial
In order to enable the parties to prepare for trial and to facilitate the fair and
expeditious conduct of the proceedings, the Trial Chamber shall, in accordance with article
64, paragraphs 3 (c) and 6 (d), and article 67, paragraph (2), and subject to article 68,
paragraph 5, make any necessary orders for the disclosure of documents or information not
previously disclosed and for the production of additional evidence. To avoid delay and to
ensure that the trial commences on the set date, any such orders shall include strict time limits
which shall be kept under review by the Trial Chamber.
Section III. Victims and witnesses
Subsection 1. Definition and general principle relating to victims
Rule 85
Definition of victims
For the purposes of the Statute and the Rules of Procedure and Evidence:
(a) “Victims” means natural persons who have suffered harm as a result of the
commission of any crime within the jurisdiction of the Court;
(b) Victims may include organizations or institutions that have sustained direct
harm to any of their property which is dedicated to religion, education, art or science or
charitable purposes, and to their historic monuments, hospitals and other places and objects
for humanitarian purposes.
Rule 86
General principle
A Chamber in making any direction or order, and other organs of the Court in
performing their functions under the Statute or the Rules, shall take into account the needs of
all victims and witnesses in accordance with article 68, in particular, children, elderly persons,
persons with disabilities and victims of sexual or gender violence.Rules of Procedure and Evidence
39
Subsection 2. Protection of victims and witnesses
Rule 87
Protective measures
1. Upon the motion of the Prosecutor or the defence or upon the request of a witness or a
victim or his or her legal representative, if any, or on its own motion, and after having
consulted with the Victims and Witnesses Unit, as appropriate, a Chamber may order
measures to protect a victim, a witness or another person at risk on account of testimony given
by a witness pursuant to article 68, paragraphs 1 and 2. The Chamber shall seek to obtain,
whenever possible, the consent of the person in respect of whom the protective measure is
sought prior to ordering the protective measure.
2. A motion or request under sub-rule 1 shall be governed by rule 134, provided that:
(a) Such a motion or request shall not be submitted ex parte;
(b) A request by a witness or by a victim or his or her legal representative, if any,
shall be served on both the Prosecutor and the defence, each of whom shall have the
opportunity to respond;
(c) A motion or request affecting a particular witness or a particular victim shall be
served on that witness or victim or his or her legal representative, if any, in addition to the
other party, each of whom shall have the opportunity to respond;
(d) When the Chamber proceeds on its own motion, notice and opportunity to
respond shall be given to the Prosecutor and the defence, and to any witness or any victim or
his or her legal representative, if any, who would be affected by such protective measure; and
(e) A motion or request may be filed under seal, and, if so filed, shall remain
sealed until otherwise ordered by a Chamber. Responses to motions or requests filed under
seal shall also be filed under seal.
3. A Chamber may, on a motion or request under sub-rule 1, hold a hearing, which shall
be conducted in camera, to determine whether to order measures to prevent the release to the
public or press and information agencies, of the identity or the location of a victim, a witness
or other person at risk on account of testimony given by a witness by ordering, inter alia:
(a) That the name of the victim, witness or other person at risk on account of
testimony given by a witness or any information which could lead to his or her identification,
be expunged from the public records of the Chamber;
(b) That the Prosecutor, the defence or any other participant in the proceedings be
prohibited from disclosing such information to a third party;
(c) That testimony be presented by electronic or other special means, including the
use of technical means enabling the alteration of pictures or voice, the use of audio-visual
technology, in particular videoconferencing and closed-circuit television, and the exclusive
use of the sound media;
(d) That a pseudonym be used for a victim, a witness or other person at risk on
account of testimony given by a witness; or
(e) That a Chamber conducts part of its proceedings in camera.Rules of Procedure and Evidence
40
Rule 88
Special measures
1. Upon the motion of the Prosecutor or the defence, or upon the request of a witness or a
victim or his or her legal representative, if any, or on its own motion, and after having
consulted with the Victims and Witnesses Unit, as appropriate, a Chamber may, taking into
account the views of the victim or witness, order special measures such as, but not limited to,
measures to facilitate the testimony of a traumatized victim or witness, a child, an elderly
person or a victim of sexual violence, pursuant to article 68, paragraphs 1 and 2. The Chamber
shall seek to obtain, whenever possible, the consent of the person in respect of whom the
special measure is sought prior to ordering that measure.
2. A Chamber may hold a hearing on a motion or a request under sub-rule 1, if necessary
in camera or ex parte, to determine whether to order any such special measure, including but
not limited to an order that a counsel, a legal representative, a psychologist or a family
member be permitted to attend during the testimony of the victim or the witness.
3. For inter partes motions or requests filed under this rule, the provisions of rule 87,
sub-rules 2 (b) to (d), shall apply mutatis mutandis.
4. A motion or request filed under this rule may be filed under seal, and if so filed shall
remain sealed until otherwise ordered by a Chamber. Any responses to inter partes motions or
requests filed under seal shall also be filed under seal.
5. Taking into consideration that violations of the privacy of a witness or victim may
create risk to his or her security, a Chamber shall be vigilant in controlling the manner of
questioning a witness or victim so as to avoid any harassment or intimidation, paying
particular attention to attacks on victims of crimes of sexual violence.
Subsection 3. Participation of victims in the proceedings
Rule 89
Application for participation of victims in the proceedings
1. In order to present their views and concerns, victims shall make written application to
the Registrar, who shall transmit the application to the relevant Chamber. Subject to the
provisions of the Statute, in particular article 68, paragraph 1, the Registrar shall provide a
copy of the application to the Prosecutor and the defence, who shall be entitled to reply within
a time limit to be set by the Chamber. Subject to the provisions of sub-rule 2, the Chamber
shall then specify the proceedings and manner in which participation is considered
appropriate, which may include making opening and closing statements.
2. The Chamber, on its own initiative or on the application of the Prosecutor or the
defence, may reject the application if it considers that the person is not a victim or that the
criteria set forth in article 68, paragraph 3, are not otherwise fulfilled. A victim whose
application has been rejected may file a new application later in the proceedings.
3. An application referred to in this rule may also be made by a person acting with the
consent of the victim, or a person acting on behalf of a victim, in the case of a victim who is a
child or, when necessary, a victim who is disabled.
4. Where there are a number of applications, the Chamber may consider the applications
in such a manner as to ensure the effectiveness of the proceedings and may issue one decision.Rules of Procedure and Evidence
41
Rule 90
Legal representatives of victims
1. A victim shall be free to choose a legal representative.
2. Where there are a number of victims, the Chamber may, for the purposes of ensuring
the effectiveness of the proceedings, request the victims or particular groups of victims, if
necessary with the assistance of the Registry, to choose a common legal representative or
representatives. In facilitating the coordination of victim representation, the Registry may
provide assistance, inter alia, by referring the victims to a list of counsel, maintained by the
Registry, or suggesting one or more common legal representatives.
3. If the victims are unable to choose a common legal representative or representatives
within a time limit that the Chamber may decide, the Chamber may request the Registrar to
choose one or more common legal representatives.
4. The Chamber and the Registry shall take all reasonable steps to ensure that in the
selection of common legal representatives, the distinct interests of the victims, particularly as
provided in article 68, paragraph 1, are represented and that any conflict of interest is avoided.
5. A victim or group of victims who lack the necessary means to pay for a common legal
representative chosen by the Court may receive assistance from the Registry, including, as
appropriate, financial assistance.
6. A legal representative of a victim or victims shall have the qualifications set forth in
rule 22, sub-rule 1.
Rule 91
Participation of legal representatives in the proceedings
1. A Chamber may modify a previous ruling under rule 89.
2. A legal representative of a victim shall be entitled to attend and participate in the
proceedings in accordance with the terms of the ruling of the Chamber and any modification
thereof given under rules 89 and 90. This shall include participation in hearings unless, in the
circumstances of the case, the Chamber concerned is of the view that the representative’s
intervention should be confined to written observations or submissions. The Prosecutor and
the defence shall be allowed to reply to any oral or written observation by the legal
representative for victims.
3. (a) When a legal representative attends and participates in accordance with this
rule, and wishes to question a witness, including questioning under rules 67 and 68, an expert
or the accused, the legal representative must make application to the Chamber. The Chamber
may require the legal representative to provide a written note of the questions and in that case
the questions shall be communicated to the Prosecutor and, if appropriate, the defence, who
shall be allowed to make observations within a time limit set by the Chamber.
(b) The Chamber shall then issue a ruling on the request, taking into account the
stage of the proceedings, the rights of the accused, the interests of witnesses, the need for a
fair, impartial and expeditious trial and in order to give effect to article 68, paragraph 3. The
ruling may include directions on the manner and order of the questions and the production of
documents in accordance with the powers of the Chamber under article 64. The Chamber
may, if it considers it appropriate, put the question to the witness, expert or accused on behalf
of the victim’s legal representative.Rules of Procedure and Evidence
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4. For a hearing limited to reparations under article 75, the restrictions on questioning by
the legal representative set forth in sub-rule 2 shall not apply. In that case, the legal
representative may, with the permission of the Chamber concerned, question witnesses,
experts and the person concerned.
Rule 92
Notification to victims and their legal representatives
1. This rule on notification to victims and their legal representatives shall apply to all
proceedings before the Court, except in proceedings provided for in Part 2.
2. In order to allow victims to apply for participation in the proceedings in accordance
with rule 89, the Court shall notify victims concerning the decision of the Prosecutor not to
initiate an investigation or not to prosecute pursuant to article 53. Such a notification shall be
given to victims or their legal representatives who have already participated in the
proceedings or, as far as possible, to those who have communicated with the Court in respect
of the situation or case in question. The Chamber may order the measures outlined in sub-rule
8 if it considers it appropriate in the particular circumstances.
3. In order to allow victims to apply for participation in the proceedings in accordance
with rule 89, the Court shall notify victims regarding its decision to hold a hearing to confirm
charges pursuant to article 61. Such a notification shall be given to victims or their legal
representatives who have already participated in the proceedings or, as far as possible, to
those who have communicated with the Court in respect of the case in question.
4. When a notification for participation as provided for in sub-rules 2 and 3 has been
given, any subsequent notification as referred to in sub-rules 5 and 6 shall only be provided to
victims or their legal representatives who may participate in the proceedings in accordance
with a ruling of the Chamber pursuant to rule 89 and any modification thereof.
5. In a manner consistent with the ruling made under rules 89 to 91, victims or their legal
representatives participating in proceedings shall, in respect of those proceedings, be notified
by the Registrar in a timely manner of:
(a) Proceedings before the Court, including the date of hearings and any
postponements thereof, and the date of delivery of the decision;
(b) Requests, submissions, motions and other documents relating to such requests,
submissions or motions.
6. Where victims or their legal representatives have participated in a certain stage of the
proceedings, the Registrar shall notify them as soon as possible of the decisions of the Court
in those proceedings.
7. Notifications as referred to in sub-rules 5 and 6 shall be in writing or, where written
notification is not possible, in any other form as appropriate. The Registry shall keep a record
of all notifications. Where necessary, the Registrar may seek the cooperation of States Parties
in accordance with article 93, paragraph 1 (d) and (l).
8. For notification as referred to in sub-rule 3 and otherwise at the request of a Chamber,
the Registrar shall take necessary measures to give adequate publicity to the proceedings. In
doing so, the Registrar may seek, in accordance with Part 9, the cooperation of relevant States
Parties, and seek the assistance of intergovernmental organizations.Rules of Procedure and Evidence
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Rule 93
Views of victims or their legal representatives
A Chamber may seek the views of victims or their legal representatives participating
pursuant to rules 89 to 91 on any issue, inter alia, in relation to issues referred to in rules 107,
109, 125, 128, 136, 139 and 191. In addition, a Chamber may seek the views of other victims,
as appropriate.
Subsection 4. Reparations to victims
Rule 94
Procedure upon request
1. A victim’s request for reparations under article 75 shall be made in writing and filed
with the Registrar. It shall contain the following particulars:
(a) The identity and address of the claimant;
(b) A description of the injury, loss or harm;
(c) The location and date of the incident and, to the extent possible, the identity of
the person or persons the victim believes to be responsible for the injury, loss or harm;
(d) Where restitution of assets, property or other tangible items is sought, a
description of them;
(e) Claims for compensation;
(f) Claims for rehabilitation and other forms of remedy;
(g) To the extent possible, any relevant supporting documentation, including
names and addresses of witnesses.
2. At commencement of the trial and subject to any protective measures, the Court shall
ask the Registrar to provide notification of the request to the person or persons named in the
request or identified in the charges and, to the extent possible, to any interested persons or any
interested States. Those notified shall file with the Registry any representation made under
article 75, paragraph 3.
Rule 95
Procedure on the motion of the Court
1. In cases where the Court intends to proceed on its own motion pursuant to article 75,
paragraph 1, it shall ask the Registrar to provide notification of its intention to the person or
persons against whom the Court is considering making a determination, and, to the extent
possible, to victims, interested persons and interested States. Those notified shall file with the
Registry any representation made under article 75, paragraph 3.
2. If, as a result of notification under sub-rule 1:
(a) A victim makes a request for reparations, that request will be determined as if
it had been brought under rule 94;
(b) A victim requests that the Court does not make an order for reparations, the
Court shall not proceed to make an individual order in respect of that victim.Rules of Procedure and Evidence
44
Rule 96
Publication of reparation proceedings
1. Without prejudice to any other rules on notification of proceedings, the Registrar shall,
insofar as practicable, notify the victims or their legal representatives and the person or
persons concerned. The Registrar shall also, having regard to any information provided by the
Prosecutor, take all the necessary measures to give adequate publicity of the reparation
proceedings before the Court, to the extent possible, to other victims, interested persons and
interested States.
2. In taking the measures described in sub-rule 1, the Court may seek, in accordance with
Part 9, the cooperation of relevant States Parties, and seek the assistance of intergovernmental
organizations in order to give publicity, as widely as possible and by all possible means, to the
reparation proceedings before the Court.
Rule 97
Assessment of reparations
1. Taking into account the scope and extent of any damage, loss or injury, the Court may
award reparations on an individualized basis or, where it deems it appropriate, on a collective
basis or both.
2. At the request of victims or their legal representatives, or at the request of the
convicted person, or on its own motion, the Court may appoint appropriate experts to assist it
in determining the scope, extent of any damage, loss and injury to, or in respect of victims and
to suggest various options concerning the appropriate types and modalities of reparations. The
Court shall invite, as appropriate, victims or their legal representatives, the convicted person
as well as interested persons and interested States to make observations on the reports of the
experts.
3. In all cases, the Court shall respect the rights of victims and the convicted person.
Rule 98
Trust Fund
1. Individual awards for reparations shall be made directly against a convicted person.
2. The Court may order that an award for reparations against a convicted person be
deposited with the Trust Fund where at the time of making the order it is impossible or
impracticable to make individual awards directly to each victim. The award for reparations
thus deposited in the Trust Fund shall be separated from other resources of the Trust Fund and
shall be forwarded to each victim as soon as possible.
3. The Court may order that an award for reparations against a convicted person be made
through the Trust Fund where the number of the victims and the scope, forms and modalities
of reparations makes a collective award more appropriate.
4. Following consultations with interested States and the Trust Fund, the Court may
order that an award for reparations be made through the Trust Fund to an intergovernmental,
international or national organization approved by the Trust Fund.
5. Other resources of the Trust Fund may be used for the benefit of victims subject to the
provisions of article 79.Rules of Procedure and Evidence
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Rule 99
Cooperation and protective measures for the purpose of forfeiture under articles 57,
paragraph 3 (e), and 75, paragraph 4
1. The Pre-Trial Chamber, pursuant to article 57, paragraph 3 (e), or the Trial Chamber,
pursuant to article 75, paragraph 4, may, on its own motion or on the application of the
Prosecutor or at the request of the victims or their legal representatives who have made a
request for reparations or who have given a written undertaking to do so, determine whether
measures should be requested.
2. Notice is not required unless the Court determines, in the particular circumstances of
the case, that notification could not jeopardize the effectiveness of the measures requested. In
the latter case, the Registrar shall provide notification of the proceedings to the person against
whom a request is made and so far as is possible to any interested persons or interested States.
3. If an order is made without prior notification, the relevant Chamber shall request the
Registrar, as soon as is consistent with the effectiveness of the measures requested, to notify
those against whom a request is made and, to the extent possible, to any interested persons or
any interested States and invite them to make observations as to whether the order should be
revoked or otherwise modified.
4. The Court may make orders as to the timing and conduct of any proceedings necessary
to determine these issues.
Section IV. Miscellaneous provisions
Rule 100
Place of the proceedings
1. In a particular case, where the Court considers that it would be in the interests of
justice, it may decide to sit in a State other than the host State.
2. An application or recommendation changing the place where the Court sits may be
filed at any time after the initiation of an investigation, either by the Prosecutor, the defence
or by a majority of the judges of the Court. Such an application or recommendation shall be
addressed to the Presidency. It shall be made in writing and specify in which State the Court
would sit. The Presidency shall satisfy itself of the views of the relevant Chamber.
3. The Presidency shall consult the State where the Court intends to sit. If that State
agrees that the Court can sit in that State, then the decision to sit in a State other than the host
State shall be taken by the judges, in plenary session, by a two-thirds majority.
Rule 101
Time limits
1. In making any order setting time limits regarding the conduct of any proceedings, the
Court shall have regard to the need to facilitate fair and expeditious proceedings, bearing in
mind in particular the rights of the defence and the victims.
2. Taking into account the rights of the accused, in particular under article 67,
paragraph (1) (c), all those participating in the proceedings to whom any order is directed
shall endeavour to act as expeditiously as possible, within the time limit ordered by the Court.Rules of Procedure and Evidence
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Rule 102
Communications other than in writing
Where a person is unable, due to a disability or illiteracy, to make a written request,
application, observation or other communication to the Court, the person may make such
request, application, observation or communication in audio, video or other electronic form.
Rule 103
Amicus curiae and other forms of submission
1. At any stage of the proceedings, a Chamber may, if it considers it desirable for the
proper determination of the case, invite or grant leave to a State, organization or person to
submit, in writing or orally, any observation on any issue that the Chamber deems
appropriate.
2. The Prosecutor and the defence shall have the opportunity to respond to the
observations submitted under sub-rule 1.
3. A written observation submitted under sub-rule 1 shall be filed with the Registrar, who
shall provide copies to the Prosecutor and the defence. The Chamber shall determine what
time limits shall apply to the filing of such observations.
Chapter 5. Investigation and prosecution
Section I. Decision of the Prosecutor regarding the initiation of an
investigation under article 53, paragraphs 1 and 2
Rule 104
Evaluation of information by the Prosecutor
1. In acting pursuant to article 53, paragraph 1, the Prosecutor shall, in evaluating the
information made available to him or her, analyse the seriousness of the information received.
2. For the purposes of sub-rule 1, the Prosecutor may seek additional information from
States, organs of the United Nations, intergovernmental and 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. The procedure set out in rule 47 shall apply to the receiving
of such testimony.
Rule 105
Notification of a decision by the Prosecutor not to initiate an investigation
1. When the Prosecutor decides not to initiate an investigation under article 53,
paragraph 1, he or she shall promptly inform in writing the State or States that referred a
situation under article 14, or the Security Council in respect of a situation covered by
article 13, paragraph (b).
2. When the Prosecutor decides not to submit to the Pre-Trial Chamber a request for
authorization of an investigation, rule 49 shall apply.
3. The notification referred to in sub-rule 1 shall contain the conclusion of the Prosecutor
and, having regard to article 68, paragraph 1, the reasons for the conclusion.Rules of Procedure and Evidence
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4. In case the Prosecutor decides not to investigate solely on the basis of article 53,
paragraph 1 (c), he or she shall inform in writing the Pre-Trial Chamber promptly after
making that decision.
5. The notification shall contain the conclusion of the Prosecutor and the reasons for the
conclusion.
Rule 106
Notification of a decision by the Prosecutor not to prosecute
1. When the Prosecutor decides that there is not a sufficient basis for prosecution under
article 53, paragraph 2, he or she shall promptly inform in writing the Pre-Trial Chamber,
together with the State or States that referred a situation under article 14, or the Security
Council in respect of a situation covered by article 13, paragraph (b).
2. The notifications referred to in sub-rule 1 shall contain the conclusion of the
Prosecutor and, having regard to article 68, paragraph 1, the reasons for the conclusion.
Section II. Procedure under article 53, paragraph 3
Rule 107
Request for review under article 53, paragraph 3 (a)
1. A request under article 53, paragraph 3, for a review of a decision by the Prosecutor
not to initiate an investigation or not to prosecute shall be made in writing, and be supported
with reasons, within 90 days following the notification given under rule 105 or 106.
2. The Pre-Trial Chamber may request the Prosecutor to transmit the information or
documents in his or her possession, or summaries thereof, that the Chamber considers
necessary for the conduct of the review.
3. The Pre-Trial Chamber shall take such measures as are necessary under articles 54, 72
and 93 to protect the information and documents referred to in sub-rule 2 and, under
article 68, paragraph 5, to protect the safety of witnesses and victims and members of their
families.
4. When a State or the Security Council makes a request referred to in sub-rule 1, the
Pre-Trial Chamber may seek further observations from them.
5. Where an issue of jurisdiction or admissibility of the case is raised, rule 59 shall apply.
Rule 108
Decision of the Pre-Trial Chamber under article 53, paragraph 3 (a)
1. A decision of the Pre-Trial Chamber under article 53, paragraph 3 (a), must be
concurred in by a majority of its judges and shall contain reasons. It shall be communicated to
all those who participated in the review.
2. Where the Pre-Trial Chamber requests the Prosecutor to review, in whole or in part,
his or her decision not to initiate an investigation or not to prosecute, the Prosecutor shall
reconsider that decision as soon as possible.
3. Once the Prosecutor has taken a final decision, he or she shall notify the Pre-Trial
Chamber in writing. This notification shall contain the conclusion of the Prosecutor and the Rules of Procedure and Evidence
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reasons for the conclusion. It shall be communicated to all those who participated in the
review.
Rule 109
Review by the Pre-Trial Chamber under article 53, paragraph 3 (b)
1. Within 180 days following a notification given under rule 105 or 106, the Pre-Trial
Chamber may on its own initiative decide to review a decision of the Prosecutor taken solely
under article 53, paragraph 1 (c) or 2 (c). The Pre-Trial Chamber shall inform the Prosecutor
of its intention to review his or her decision and shall establish a time limit within which the
Prosecutor may submit observations and other material.
2. In cases where a request has been submitted to the Pre-Trial Chamber by a State or by
the Security Council, they shall also be informed and may submit observations in accordance
with rule 107.
Rule 110
Decision by the Pre-Trial Chamber under article 53, paragraph 3 (b)
1. A decision by the Pre-Trial Chamber to confirm or not to confirm a decision taken by
the Prosecutor solely under article 53, paragraph 1 (c) or 2 (c), must be concurred in by a
majority of its judges and shall contain reasons. It shall be communicated to all those who
participated in the review.
2. When the Pre-Trial Chamber does not confirm the decision by the Prosecutor referred
to in sub-rule 1, he or she shall proceed with the investigation or prosecution.
Section III. Collection of evidence
Rule 111
Record of questioning in general
1. A record shall be made of formal statements made by any person who is questioned in
connection with an investigation or with proceedings. The record shall be signed by the
person who records and conducts the questioning and by the person who is questioned and his
or her counsel, if present, and, where applicable, the Prosecutor or the judge who is present.
The record shall note the date, time and place of, and all persons present during the
questioning. It shall also be noted when someone has not signed the record as well as the
reasons therefor.
2. When the Prosecutor or national authorities question a person, due regard shall be
given to article 55. When a person is informed of his or her rights under article 55,
paragraph 2, the fact that this information has been provided shall be noted in the record.
Rule 112
Recording of questioning in particular cases
1. Whenever the Prosecutor questions a person to whom article 55, paragraph 2, applies,
or for whom a warrant of arrest or a summons to appear has been issued under article 58,
paragraph 7, the questioning shall be audio- or video-recorded, in accordance with the
following procedure:Rules of Procedure and Evidence
49
(a) The person questioned shall be informed, in a language he or she fully
understands and speaks, that the questioning is to be audio- or video-recorded, and that the
person concerned may object if he or she so wishes. The fact that this information has been
provided and the response given by the person concerned shall be noted in the record. The
person may, before replying, speak in private with his or her counsel, if present. If the person
questioned refuses to be audio- or video-recorded, the procedure in rule 111 shall be followed;
(b) A waiver of the right to be questioned in the presence of counsel shall be
recorded in writing and, if possible, be audio- or video-recorded;
(c) In the event of an interruption in the course of questioning, the fact and the
time of the interruption shall be recorded before the audio- or video-recording ends as well as
the time of resumption of the questioning;
(d) At the conclusion of the questioning, the person questioned shall be offered the
opportunity to clarify anything he or she has said and to add anything he or she may wish.
The time of conclusion of the questioning shall be noted;
(e) The tape shall be transcribed as soon as practicable after the conclusion of the
questioning and a copy of the transcript supplied to the person questioned together with a
copy of the recorded tape or, if multiple recording apparatus was used, one of the original
recorded tapes;
(f) The original tape or one of the original tapes shall be sealed in the presence of
the person questioned and his or her counsel, if present, under the signature of the Prosecutor
and the person questioned and the counsel, if present.
2. The Prosecutor shall make every reasonable effort to record the questioning in
accordance with sub-rule 1. As an exception, a person may be questioned without the
questioning being audio- or video-recorded where the circumstances prevent such recording
taking place. In this case, the reasons for not recording the questioning shall be stated in
writing and the procedure in rule 111 shall be followed.
3. When, pursuant to sub-rule 1 (a) or 2, the questioning is not audio- or video-recorded,
the person questioned shall be provided with a copy of his or her statement.
4. The Prosecutor may choose to follow the procedure in this rule when questioning
other persons than those mentioned in sub-rule 1, in particular where the use of such
procedures could assist in reducing any subsequent traumatization of a victim of sexual or
gender violence, a child or a person with disabilities in providing their evidence. The
Prosecutor may make an application to the relevant Chamber.
5. The Pre-Trial Chamber may, in pursuance of article 56, paragraph 2, order that the
procedure in this rule be applied to the questioning of any person.
Rule 113
Collection of information regarding the state of health of the person concerned
1. The Pre-Trial Chamber may, on its own initiative or at the request of the Prosecutor,
the person concerned or his or her counsel, order that a person having the rights in article 55,
paragraph 2, be given a medical, psychological or psychiatric examination. In making its
determination, the Pre-Trial Chamber shall consider the nature and purpose of the
examination and whether the person consents to the examination.Rules of Procedure and Evidence
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2. The Pre-Trial Chamber shall appoint one or more experts from the list of experts
approved by the Registrar, or an expert approved by the Pre-Trial Chamber at the request of a
party.
Rule 114
Unique investigative opportunity under article 56
1. Upon being advised by the Prosecutor in accordance with article 56, paragraph 1 (a),
the Pre-Trial Chamber shall hold consultations without delay with the Prosecutor and, subject
to the provisions of article 56, paragraph 1 (c), with the person who has been arrested or who
has appeared before the Court pursuant to summons and his or her counsel, in order to
determine the measures to be taken and the modalities of their implementation, which may
include measures to ensure that the right to communicate under article 67, paragraph 1 (b), is
protected.
2. A decision of the Pre-Trial Chamber to take measures pursuant to article 56, paragraph
3, must be concurred in by a majority of its judges after consultations with the Prosecutor.
During the consultations, the Prosecutor may advise the Pre-Trial Chamber that intended
measures could jeopardize the proper conduct of the investigation.
Rule 115
Collection of evidence in the territory of a State Party under article 57, paragraph 3 (d)
1. Where the Prosecutor considers that article 57, paragraph 3 (d), applies, the Prosecutor
may submit a written request to the Pre-Trial Chamber for authorization to take certain
measures in the territory of the State Party in question. After a submission of such a request,
the Pre-Trial Chamber shall, whenever possible, inform and invite views from the State Party
concerned.
2. In arriving at its determination as to whether the request is well founded, the Pre-Trial
Chamber shall take into account any views expressed by the State Party concerned. The PreTrial Chamber may, on its own initiative or at the request of the Prosecutor or the State Party
concerned, decide to hold a hearing.
3. An authorization under article 57, paragraph 3 (d), shall be issued in the form of an
order and shall state the reasons, based on the criteria set forth in that paragraph. The order
may specify procedures to be followed in carrying out such collection of evidence.
Rule 116
Collection of evidence at the request of the defence under article 57, paragraph 3 (b)
1. The Pre-Trial Chamber shall issue an order or seek cooperation under article 57,
paragraph 3 (b), where it is satisfied:
(a) That such an order would facilitate the collection of evidence that may be
material to the proper determination of the issues being adjudicated, or to the proper
preparation of the person’s defence; and
(b) In a case of cooperation under Part 9, that sufficient information to comply
with article 96, paragraph 2, has been provided.
2. Before taking a decision whether to issue an order or seek cooperation under
article 57, paragraph 3 (b), the Pre-Trial Chamber may seek the views of the Prosecutor.Rules of Procedure and Evidence
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Section IV. Procedures in respect of restriction and deprivation of liberty
Rule 117
Detention in the custodial State
1. The Court shall take measures to ensure that it is informed of the arrest of a person in
response to a request made by the Court under article 89 or 92. Once so informed, the Court
shall ensure that the person receives a copy of the arrest warrant issued by the Pre-Trial
Chamber under article 58 and any relevant provisions of the Statute. The documents shall be
made available in a language that the person fully understands and speaks.
2. At any time after arrest, the person may make a request to the Pre-Trial Chamber for
the appointment of counsel to assist with proceedings before the Court and the Pre-Trial
Chamber shall take a decision on such request.
3. A challenge as to whether the warrant of arrest was properly issued in accordance with
article 58, paragraph 1 (a) and (b), shall be made in writing to the Pre-Trial Chamber. The
application shall set out the basis for the challenge. After having obtained the views of the
Prosecutor, the Pre-Trial Chamber shall decide on the application without delay.
4. When the competent authority of the custodial State notifies the Pre-Trial Chamber
that a request for release has been made by the person arrested, in accordance with article 59,
paragraph 5, the Pre-Trial Chamber shall provide its recommendations within any time limit
set by the custodial State.
5. When the Pre-Trial Chamber is informed that the person has been granted interim
release by the competent authority of the custodial State, the Pre-Trial Chamber shall inform
the custodial State how and when it would like to receive periodic reports on the status of the
interim release.
Rule 118
Pre-trial detention at the seat of the Court
1. If the person surrendered to the Court makes an initial request for interim release
pending trial, either upon first appearance in accordance with rule 121 or subsequently, the
Pre-Trial Chamber shall decide upon the request without delay, after seeking the views of the
Prosecutor.
2. The Pre-Trial Chamber shall review its ruling on the release or detention of a person in
accordance with article 60, paragraph 3, at least every 120 days and may do so at any time on
the request of the person or the Prosecutor.
3. After the first appearance, a request for interim release must be made in writing. The
Prosecutor shall be given notice of such a request. The Pre-Trial Chamber shall decide after
having received observations in writing of the Prosecutor and the detained person. The PreTrial Chamber may decide to hold a hearing, at the request of the Prosecutor or the detained
person or on its own initiative. A hearing must be held at least once every year.
Rule 119
Conditional release
1. The Pre-Trial Chamber may set one or more conditions restricting liberty, including
the following:Rules of Procedure and Evidence
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(a) The person must not travel beyond territorial limits set by the Pre-Trial
Chamber without the explicit agreement of the Chamber;
(b) The person must not go to certain places or associate with certain persons as
specified by the Pre-Trial Chamber;
(c) The person must not contact directly or indirectly victims or witnesses;
(d) The person must not engage in certain professional activities;
(e) The person must reside at a particular address as specified by the Pre-Trial
Chamber;
(f) The person must respond when summoned by an authority or qualified person
designated by the Pre-Trial Chamber;
(g) The person must post bond or provide real or personal security or surety, for
which the amount and the schedule and mode of payment shall be determined by the Pre-Trial
Chamber;
(h) The person must supply the Registrar with all identity documents, particularly
his or her passport.
2. At the request of the person concerned or the Prosecutor or on its own initiative, the
Pre-Trial Chamber may at any time decide to amend the conditions set pursuant to sub-rule 1.
3. Before imposing or amending any conditions restricting liberty, the Pre-Trial Chamber
shall seek the views of the Prosecutor, the person concerned, any relevant State and victims
that have communicated with the Court in that case and whom the Chamber considers could
be at risk as a result of a release or conditions imposed.
4. If the Pre-Trial Chamber is convinced that the person concerned has failed to comply
with one or more of the obligations imposed, it may, on such basis, at the request of the
Prosecutor or on its own initiative, issue a warrant of arrest in respect of the person.
5. When the Pre-Trial Chamber issues a summons to appear pursuant to article 58,
paragraph 7, and intends to set conditions restricting liberty, it shall ascertain the relevant
provisions of the national law of the State receiving the summons. In a manner that is in
keeping with the national law of the State receiving the summons, the Pre-Trial Chamber shall
proceed in accordance with sub-rules 1, 2 and 3. If the Pre-Trial Chamber receives
information that the person concerned has failed to comply with conditions imposed, it shall
proceed in accordance with sub-rule 4.
Rule 120
Instruments of restraint
Personal instruments of restraint shall not be used except as a precaution against
escape, for the protection of the person in the custody of the Court and others or for other
security reasons, and shall be removed when the person appears before a Chamber.Rules of Procedure and Evidence
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Section V. Proceedings with regard to the confirmation of charges under
article 61
Rule 121
Proceedings before the confirmation hearing
1. A person subject to a warrant of arrest or a summons to appear under article 58 shall
appear before the Pre-Trial Chamber, in the presence of the Prosecutor, promptly upon
arriving at the Court. Subject to the provisions of articles 60 and 61, the person shall enjoy the
rights set forth in article 67. At this first appearance, the Pre-Trial Chamber shall set the date
on which it intends to hold a hearing to confirm the charges. It shall ensure that this date, and
any postponements under sub-rule 7, are made public.
2. In accordance with article 61, paragraph 3, the Pre-Trial Chamber shall take the
necessary decisions regarding disclosure between the Prosecutor and the person in respect of
whom a warrant of arrest or a summons to appear has been issued. During disclosure:
(a) The person concerned may be assisted or represented by the counsel of his or
her choice or by a counsel assigned to him or her;
(b) The Pre-Trial Chamber shall hold status conferences to ensure that disclosure
takes place under satisfactory conditions. For each case, a judge of the Pre-Trial Chamber
shall be appointed to organize such status conferences, on his or her own motion, or at the
request of the Prosecutor or the person;
(c) All evidence disclosed between the Prosecutor and the person for the purposes
of the confirmation hearing shall be communicated to the Pre-Trial Chamber.
3. The Prosecutor shall provide to the Pre-Trial Chamber and the person, no later than 30
days before the date of the confirmation hearing, a detailed description of the charges together
with a list of the evidence which he or she intends to present at the hearing.
4. Where the Prosecutor intends to amend the charges pursuant to article 61, paragraph 4,
he or she shall notify the Pre-Trial Chamber and the person no later than 15 days before the
date of the hearing of the amended charges together with a list of evidence that the Prosecutor
intends to bring in support of those charges at the hearing.
5. Where the Prosecutor intends to present new evidence at the hearing, he or she shall
provide the Pre-Trial Chamber and the person with a list of that evidence no later than 15 days
before the date of the hearing.
6. If the person intends to present evidence under article 61, paragraph 6, he or she shall
provide a list of that evidence to the Pre-Trial Chamber no later than 15 days before the date
of the hearing. The Pre-Trial Chamber shall transmit the list to the Prosecutor without delay.
The person shall provide a list of evidence that he or she intends to present in response to any
amended charges or a new list of evidence provided by the Prosecutor.
7. The Prosecutor or the person may ask the Pre-Trial Chamber to postpone the date of
the confirmation hearing. The Pre-Trial Chamber may also, on its own motion, decide to
postpone the hearing.
8. The Pre-Trial Chamber shall not take into consideration charges and evidence
presented after the time limit, or any extension thereof, has expired.Rules of Procedure and Evidence
54
9. The Prosecutor and the person may lodge written submissions with the Pre-Trial
Chamber, on points of fact and on law, including grounds for excluding criminal
responsibility set forth in article 31, paragraph 1, no later than three days before the date of
the hearing. A copy of these submissions shall be transmitted immediately to the Prosecutor
or the person, as the case may be.
10. The Registry shall create and maintain a full and accurate record of all proceedings
before the Pre-Trial Chamber, including all documents transmitted to the Chamber pursuant to
this rule. Subject to any restrictions concerning confidentiality and the protection of national
security information, the record may be consulted by the Prosecutor, the person and victims or
their legal representatives participating in the proceedings pursuant to rules 89 to 91.
Rule 122
Proceedings at the confirmation hearing in the presence of the person charged
1. The Presiding Judge of the Pre-Trial Chamber shall ask the officer of the Registry
assisting the Chamber to read out the charges as presented by the Prosecutor. The Presiding
Judge shall determine how the hearing is to be conducted and, in particular, may establish the
order and the conditions under which he or she intends the evidence contained in the record of
the proceedings to be presented.
2. If a question or challenge concerning jurisdiction or admissibility arises, rule 58
applies.
3. Before hearing the matter on the merits, the Presiding Judge of the Pre-Trial Chamber
shall ask the Prosecutor and the person whether they intend to raise objections or make
observations concerning an issue related to the proper conduct of the proceedings prior to the
confirmation hearing.
4. At no subsequent point may the objections and observations made under sub-rule 3 be
raised or made again in the confirmation or trial proceedings.
5. If objections or observations referred to in sub-rule 3 are presented, the Presiding
Judge of the Pre-Trial Chamber shall invite those referred to in sub-rule 3 to present their
arguments, in the order which he or she shall establish. The person shall have the right to
reply.
6. If the objections raised or observations made are those referred to in sub-rule 3, the
Pre-Trial Chamber shall decide whether to join the issue raised with the examination of the
charges and the evidence, or to separate them, in which case it shall adjourn the confirmation
hearing and render a decision on the issues raised.
7. During the hearing on the merits, the Prosecutor and the person shall present their
arguments in accordance with article 61, paragraphs 5 and 6.
8. The Pre-Trial Chamber shall permit the Prosecutor and the person, in that order, to
make final observations.
9. Subject to the provisions of article 61, article 69 shall apply mutatis mutandis at the
confirmation hearing.Rules of Procedure and Evidence
55
Rule 123
Measures to ensure the presence of the person concerned at the confirmation hearing
1. When a warrant of arrest or summons to appear in accordance with article 58,
paragraph 7, has been issued for a person by the Pre-Trial Chamber and the person is arrested
or served with the summons, the Pre-Trial Chamber shall ensure that the person is notified of
the provisions of article 61, paragraph 2.
2. The Pre-Trial Chamber may hold consultations with the Prosecutor, at the request of
the latter or on its own initiative, in order to determine whether there is cause to hold a
hearing on confirmation of charges under the conditions set forth in article 61, paragraph 2
(b). When the person concerned has a counsel known to the Court, the consultations shall be
held in the presence of the counsel unless the Pre-Trial Chamber decides otherwise.
3. The Pre-Trial Chamber shall ensure that a warrant of arrest for the person concerned
has been issued and, if the warrant of arrest has not been executed within a reasonable period
of time after the issuance of the warrant, that all reasonable measures have been taken to
locate and arrest the person.
Rule 124
Waiver of the right to be present at the confirmation hearing
1. If the person concerned is available to the Court but wishes to waive the right to be
present at the hearing on confirmation of charges, he or she shall submit a written request to
the Pre-Trial Chamber, which may then hold consultations with the Prosecutor and the person
concerned, assisted or represented by his or her counsel.
2. A confirmation hearing pursuant to article 61, paragraph 2 (a), shall only be held when
the Pre-Trial Chamber is satisfied that the person concerned understands the right to be
present at the hearing and the consequences of waiving this right.
3. The Pre-Trial Chamber may authorize and make provision for the person to observe
the hearing from outside the courtroom through the use of communications technology, if
required.
4. The waiving of the right to be present at the hearing does not prevent the Pre-Trial
Chamber from receiving written observations on issues before the Chamber from the person
concerned.
Rule 125
Decision to hold the confirmation hearing in the absence of the person concerned
1. After holding consultations under rules 123 and 124, the Pre-Trial Chamber shall
decide whether there is cause to hold a hearing on confirmation of charges in the absence of
the person concerned, and in that case, whether the person may be represented by counsel.
The Pre-Trial Chamber shall, when appropriate, set a date for the hearing and make the date
public.
2. The decision of the Pre-Trial Chamber shall be notified to the Prosecutor and, if
possible, to the person concerned or his or her counsel.
3. If the Pre-Trial Chamber decides not to hold a hearing on confirmation of charges in
the absence of the person concerned, and the person is not available to the Court, the
confirmation of charges may not take place until the person is available to the Court. The Pre-Rules of Procedure and Evidence
56
Trial Chamber may review its decision at any time, at the request of the Prosecutor or on its
own initiative.
4. If the Pre-Trial Chamber decides not to hold a hearing on confirmation of charges in
the absence of the person concerned, and the person is available to the Court, it shall order the
person to appear.
Rule 126
Confirmation hearing in the absence of the person concerned
1. The provisions of rules 121 and 122 shall apply mutatis mutandis to the preparation
for and holding of a hearing on confirmation of charges in the absence of the person
concerned.
2. If the Pre-Trial Chamber has determined that the person concerned shall be
represented by counsel, the counsel shall have the opportunity to exercise the rights of that
person.
3. When the person who has fled is subsequently arrested and the Court has confirmed
the charges upon which the Prosecutor intends to pursue the trial, the person charged shall be
committed to the Trial Chamber established under article 61, paragraph 11. The person
charged may request in writing that the Trial Chamber refer issues to the Pre-Trial Chamber
that are necessary for the Chamber’s effective and fair functioning in accordance with article
64, paragraph 4.
Section VI. Closure of the pre-trial phase
Rule 127
Procedure in the event of different decisions on multiple charges
If the Pre-Trial Chamber is ready to confirm some of the charges but adjourns the
hearing on other charges under article 61, paragraph 7 (c), it may decide that the committal of
the person concerned to the Trial Chamber on the charges that it is ready to confirm shall be
deferred pending the continuation of the hearing. The Pre-Trial Chamber may then establish a
time limit within which the Prosecutor may proceed in accordance with article 61, paragraph
7 (c) (i) or (ii).
Rule 128
Amendment of the charges
1. If the Prosecutor seeks to amend charges already confirmed before the trial has begun,
in accordance with article 61, the Prosecutor shall make a written request to the Pre-Trial
Chamber, and that Chamber shall so notify the accused.
2. Before deciding whether to authorize the amendment, the Pre-Trial Chamber may
request the accused and the Prosecutor to submit written observations on certain issues of fact
or law.
3. If the Pre-Trial Chamber determines that the amendments proposed by the Prosecutor
constitute additional or more serious charges, it shall proceed, as appropriate, in accordance
with rules 121 and 122 or rules 123 to 126.Rules of Procedure and Evidence
57
Rule 129
Notification of the decision on the confirmation of charges
The decision of the Pre-Trial Chamber on the confirmation of charges and the
committal of the accused to the Trial Chamber shall be notified, if possible, to the Prosecutor,
the person concerned and his or her counsel. Such decision and the record of the proceedings
of the Pre-Trial Chamber shall be transmitted to the Presidency.
Rule 130
Constitution of the Trial Chamber
When the Presidency constitutes a Trial Chamber and refers the case to it, the
Presidency shall transmit the decision of the Pre-Trial Chamber and the record of the
proceedings to the Trial Chamber. The Presidency may also refer the case to a previously
constituted Trial Chamber.
Chapter 6. Trial procedure
Rule 131
Record of the proceedings transmitted by the Pre-Trial Chamber
1. The Registrar shall maintain the record of the proceedings transmitted by the Pre-Trial
Chamber, pursuant to rule 121, sub-rule 10.
2. Subject to any restrictions concerning confidentiality and the protection of national
security information, the record may be consulted by the Prosecutor, the defence, the
representatives of States when they participate in the proceedings, and the victims or their
legal representatives participating in the proceedings pursuant to rules 89 to 91.
Rule 132
Status conferences
1. Promptly after it is constituted, the Trial Chamber shall hold a status conference in
order to set the date of the trial. The Trial Chamber, on its own motion, or at the request of the
Prosecutor or the defence, may postpone the date of the trial. The Trial Chamber shall notify
the trial date to all those participating in the proceedings. The Trial Chamber shall ensure that
this date and any postponements are made public.
2. In order to facilitate the fair and expeditious conduct of the proceedings, the Trial
Chamber may confer with the parties by holding status conferences as necessary.
Rule 133
Motions challenging admissibility or jurisdiction
Challenges to the jurisdiction of the Court or the admissibility of the case at the
commencement of the trial, or subsequently with the leave of the Court, shall be dealt with by
the Presiding Judge and the Trial Chamber in accordance with rule 58.Rules of Procedure and Evidence
58
Rule 134
Motions relating to the trial proceedings
1. Prior to the commencement of the trial, the Trial Chamber on its own motion, or at the
request of the Prosecutor or the defence, may rule on any issue concerning the conduct of the
proceedings. Any request from the Prosecutor or the defence shall be in writing and, unless
the request is for an ex parte procedure, served on the other party. For all requests other than
those submitted for an ex parte procedure, the other party shall have the opportunity to file a
response.
2. At the commencement of the trial, the Trial Chamber shall ask the Prosecutor and the
defence whether they have any objections or observations concerning the conduct of the
proceedings which have arisen since the confirmation hearings. Such objections or
observations may not be raised or made again on a subsequent occasion in the trial
proceedings, without leave of the Trial Chamber in this proceeding.
3. After the commencement of the trial, the Trial Chamber, on its own motion, or at the
request of the Prosecutor or the defence, may rule on issues that arise during the course of the
trial.
Rule 135
Medical examination of the accused
1. The Trial Chamber may, for the purpose of discharging its obligations under
article 64, paragraph 8 (a), or for any other reasons, or at the request of a party, order a
medical, psychiatric or psychological examination of the accused, under the conditions set
forth in rule 113.
2. The Trial Chamber shall place its reasons for any such order on the record.
3. The Trial Chamber shall appoint one or more experts from the list of experts approved
by the Registrar, or an expert approved by the Trial Chamber at the request of a party.
4. Where the Trial Chamber is satisfied that the accused is unfit to stand trial, it shall
order that the trial be adjourned. The Trial Chamber may, on its own motion or at the request
of the prosecution or the defence, review the case of the accused. In any event, the case shall
be reviewed every 120 days unless there are reasons to do otherwise. If necessary, the Trial
Chamber may order further examinations of the accused. When the Trial Chamber is satisfied
that the accused has become fit to stand trial, it shall proceed in accordance with rule 132.
Rule 136
Joint and separate trials
1. Persons accused jointly shall be tried together unless the Trial Chamber, on its own
motion or at the request of the Prosecutor or the defence, orders that separate trials are
necessary, in order to avoid serious prejudice to the accused, to protect the interests of justice
or because a person jointly accused has made an admission of guilt and can be proceeded
against in accordance with article 65, paragraph 2.
2. In joint trials, each accused shall be accorded the same rights as if such accused were
being tried separately.Rules of Procedure and Evidence
59
Rule 137
Record of the trial proceedings
1. In accordance with article 64, paragraph 10, the Registrar shall take measures to make,
and preserve, a full and accurate record of all proceedings, including transcripts, audio- and
video-recordings and other means of capturing sound or image.
2. A Trial Chamber may order the disclosure of all or part of the record of closed
proceedings when the reasons for ordering its non-disclosure no longer exist.
3. The Trial Chamber may authorize persons other than the Registrar to take
photographs, audio- and video-recordings and other means of capturing the sound or image of
the trial.
Rule 138
Custody of evidence
The Registrar shall retain and preserve, as necessary, all the evidence and other
materials offered during the hearing, subject to any order of the Trial Chamber.
Rule 139
Decision on admission of guilt
1. After having proceeded in accordance with article 65, paragraph 1, the Trial Chamber,
in order to decide whether to proceed in accordance with article 65, paragraph 4, may invite
the views of the Prosecutor and the defence.
2. The Trial Chamber shall then make its decision on the admission of guilt and shall
give reasons for this decision, which shall be placed on the record.
Rule 140
Directions for the conduct of the proceedings and testimony
1. If the Presiding Judge does not give directions under article 64, paragraph 8, the
Prosecutor and the defence shall agree on the order and manner in which the evidence shall be
submitted to the Trial Chamber. If no agreement can be reached, the Presiding Judge shall
issue directions.
2. In all cases, subject to article 64, paragraphs 8 (b) and 9, article 69, paragraph 4, and
rule 88, sub-rule 5, a witness may be questioned as follows:
(a) A party that submits evidence in accordance with article 69, paragraph 3, by
way of a witness, has the right to question that witness;
(b) The prosecution and the defence have the right to question that witness about
relevant matters related to the witness’s testimony and its reliability, the credibility of the
witness and other relevant matters;
(c) The Trial Chamber has the right to question a witness before or after a witness
is questioned by a participant referred to in sub-rules 2 (a) or (b);
(d) The defence shall have the right to be the last to examine a witness.Rules of Procedure and Evidence
60
3. Unless otherwise ordered by the Trial Chamber, a witness other than an expert, or an
investigator if he or she has not yet testified, shall not be present when the testimony of
another witness is given. However, a witness who has heard the testimony of another witness
shall not for that reason alone be disqualified from testifying. When a witness testifies after
hearing the testimony of others, this fact shall be noted in the record and considered by the
Trial Chamber when evaluating the evidence.
Rule 141
Closure of evidence and closing statements
1. The Presiding Judge shall declare when the submission of evidence is closed.
2. The Presiding Judge shall invite the Prosecutor and the defence to make their closing
statements. The defence shall always have the opportunity to speak last.
Rule 142
Deliberations
1. After the closing statements, the Trial Chamber shall retire to deliberate, in camera.
The Trial Chamber shall inform all those who participated in the proceedings of the date on
which the Trial Chamber will pronounce its decision. The pronouncement shall be made
within a reasonable period of time after the Trial Chamber has retired to deliberate.
2. When there is more than one charge, the Trial Chamber shall decide separately on
each charge. When there is more than one accused, the Trial Chamber shall decide separately
on the charges against each accused.
Rule 143
Additional hearings on matters related to sentence or reparations
Pursuant to article 76, paragraphs 2 and 3, for the purpose of holding a further hearing
on matters related to sentence and, if applicable, reparations, the Presiding Judge shall set the
date of the further hearing. This hearing can be postponed, in exceptional circumstances, by
the Trial Chamber, on its own motion or at the request of the Prosecutor, the defence or the
legal representatives of the victims participating in the proceedings pursuant to rules 89 to 91
and, in respect of reparations hearings, those victims who have made a request under rule 94.
Rule 144
Delivery of the decisions of the Trial Chamber
1. Decisions of the Trial Chamber concerning admissibility of a case, the jurisdiction of
the Court, criminal responsibility of the accused, sentence and reparations shall be
pronounced in public and, wherever possible, in the presence of the accused, the Prosecutor,
the victims or the legal representatives of the victims participating in the proceedings pursuant
to rules 89 to 91, and the representatives of the States which have participated in the
proceedings.
2. Copies of all the above-mentioned decisions shall be provided as soon as possible to:
(a) All those who participated in the proceedings, in a working language of the
Court;Rules of Procedure and Evidence
61
(b) The accused, in a language he or she fully understands or speaks, if necessary
to meet the requirements of fairness under article 67, paragraph 1 (f).
Chapter 7. Penalties
Rule 145
Determination of sentence
1. In its determination of the sentence pursuant to article 78, paragraph 1, the Court shall:
(a) Bear in mind that the totality of any sentence of imprisonment and fine, as the
case may be, imposed under article 77 must reflect the culpability of the convicted person;
(b) Balance all the relevant factors, including any mitigating and aggravating
factors and consider the circumstances both of the convicted person and of the crime;
(c) In addition to the factors mentioned in article 78, paragraph 1, give
consideration, inter alia, to the extent of the damage caused, in particular the harm caused to
the victims and their families, the nature of the unlawful behaviour and the means employed
to execute the crime; the degree of participation of the convicted person; the degree of intent;
the circumstances of manner, time and location; and the age, education, social and economic
condition of the convicted person.
2. In addition to the factors mentioned above, the Court shall take into account, as
appropriate:
(a) Mitigating circumstances such as:
(i) The circumstances falling short of constituting grounds for exclusion of
criminal responsibility, such as substantially diminished mental capacity or duress;
(ii) The convicted person’s conduct after the act, including any efforts by
the person to compensate the victims and any cooperation with the Court;
(b) As aggravating circumstances:
(i) Any relevant prior criminal convictions for crimes under the
jurisdiction of the Court or of a similar nature;
(ii) Abuse of power or official capacity;
(iii) Commission of the crime where the victim is particularly defenceless;
(iv) Commission of the crime with particular cruelty or where there were
multiple victims;
(v) Commission of the crime for any motive involving discrimination on
any of the grounds referred to in article 21, paragraph 3;
(vi) Other circumstances which, although not enumerated above, by virtue
of their nature are similar to those mentioned.
3. Life imprisonment may be imposed when justified by the extreme gravity of the crime
and the individual circumstances of the convicted person, as evidenced by the existence of
one or more aggravating circumstances.Rules of Procedure and Evidence
62
Rule 146
Imposition of fines under article 77
1. In determining whether to order a fine under article 77, paragraph 2 (a), and in fixing
the amount of the fine, the Court shall determine whether imprisonment is a sufficient
penalty. The Court shall give due consideration to the financial capacity of the convicted
person, including any orders for forfeiture in accordance with article 77, paragraph 2 (b), and,
as appropriate, any orders for reparation in accordance with article 75. The Court shall take
into account, in addition to the factors referred to in rule 145, whether and to what degree the
crime was motivated by personal financial gain.
2. A fine imposed under article 77, paragraph 2 (a), shall be set at an appropriate level.
To this end, the Court shall, in addition to the factors referred to above, in particular take into
consideration the damage and injuries caused as well as the proportionate gains derived from
the crime by the perpetrator. Under no circumstances may the total amount exceed 75 per cent
of the value of the convicted person’s identifiable assets, liquid or realizable, and property,
after deduction of an appropriate amount that would satisfy the financial needs of the
convicted person and his or her dependants.
3. In imposing a fine, the Court shall allow the convicted person a reasonable period in
which to pay the fine. The Court may provide for payment of a lump sum or by way of
instalments during that period.
4. In imposing a fine, the Court may, as an option, calculate it according to a system of
daily fines. In such cases, the minimum duration shall be 30 days and the maximum duration
five years. The Court shall decide the total amount in accordance with sub-rules 1 and 2. It
shall determine the amount of daily payment in the light of the individual circumstances of the
convicted person, including the financial needs of his or her dependants.
5. If the convicted person does not pay the fine imposed in accordance with the
conditions set above, appropriate measures may be taken by the Court pursuant to rules 217 to
222 and in accordance with article 109. Where, in cases of continued wilful non-payment, the
Presidency, on its own motion or at the request of the Prosecutor, is satisfied that all available
enforcement measures have been exhausted, it may as a last resort extend the term of
imprisonment for a period not to exceed a quarter of such term or five years, whichever is
less. In the determination of such period of extension, the Presidency shall take into account
the amount of the fine, imposed and paid. Any such extension shall not apply in the case of
life imprisonment. The extension may not lead to a total period of imprisonment in excess of
30 years.
6. In order to determine whether to order an extension and the period involved, the
Presidency shall sit in camera for the purpose of obtaining the views of the sentenced person
and the Prosecutor. The sentenced person shall have the right to be assisted by counsel.
7. In imposing a fine, the Court shall warn the convicted person that failure to pay the
fine in accordance with the conditions set out above may result in an extension of the period
of imprisonment as described in this rule.Rules of Procedure and Evidence
63
Rule 147
Orders of forfeiture
1. In accordance with article 76, paragraphs 2 and 3, and rules 63, sub-rule 1, and 143, at
any hearing to consider an order of forfeiture, Chamber shall hear evidence as to the
identification and location of specific proceeds, property or assets which have been derived
directly or indirectly from the crime.
2. If before or during the hearing, a Chamber becomes aware of any bona fide third party
who appears to have an interest in relevant proceeds, property or assets, it shall give notice to
that third party.
3. The Prosecutor, the convicted person and any bona fide third party with an interest in
the relevant proceeds, property or assets may submit evidence relevant to the issue.
4. After considering any evidence submitted, a Chamber may issue an order of forfeiture
in relation to specific proceeds, property or assets if it is satisfied that these have been derived
directly or indirectly from the crime.
Rule 148
Orders to transfer fines or forfeitures to the Trust Fund
Before making an order pursuant to article 79, paragraph 2, a Chamber may request
the representatives of the Fund to submit written or oral observations to it.
Chapter 8. Appeal and revision
Section I. General provisions
Rule 149
Rules governing proceedings in the Appeals Chamber
Parts 5 and 6 and rules governing proceedings and the submission of evidence in the
Pre-Trial and Trial Chambers shall apply mutatis mutandis to proceedings in the Appeals
Chamber.
Section II. Appeals against convictions, acquittals, sentences and
reparation orders
Rule 150
Appeal
1. Subject to sub-rule 2, an appeal against a decision of conviction or acquittal under
article 74, a sentence under article 76 or a reparation order under article 75 may be filed not
later than 30 days from the date on which the party filing the appeal is notified of the decision,
the sentence or the reparation order.
2. The Appeals Chamber may extend the time limit set out in sub-rule 1, for good cause,
upon the application of the party seeking to file the appeal.
3. The appeal shall be filed with the Registrar.Rules of Procedure and Evidence
64
4. If an appeal is not filed as set out in sub-rules 1 to 3, the decision, the sentence or the
reparation order of the Trial Chamber shall become final.
Rule 151
Procedure for the appeal
1. Upon the filing of an appeal under rule 150, the Registrar shall transmit the trial record
to the Appeals Chamber.
2. The Registrar shall notify all parties who participated in the proceedings before the
Trial Chamber that an appeal has been filed.
Rule 152
Discontinuance of the appeal
1. Any party who has filed an appeal may discontinue the appeal at any time before
judgement has been delivered. In such case, the party shall file with the Registrar a written
notice of discontinuance of appeal. The Registrar shall inform the other parties that such a
notice has been filed.
2. If the Prosecutor has filed an appeal on behalf of a convicted person in accordance
with article 81, paragraph 1 (b), before filing any notice of discontinuance, the Prosecutor
shall inform the convicted person that he or she intends to discontinue the appeal in order to
give him or her the opportunity to continue the appeal proceedings.
Rule 153
Judgement on appeals against reparation orders
1. The Appeals Chamber may confirm, reverse or amend a reparation order made under
article 75.
2. The judgement of the Appeals Chamber shall be delivered in accordance with article
83, paragraphs 4 and 5.
Section III. Appeals against other decisions
Rule 154
Appeals that do not require the leave of the Court
1. An appeal may be filed under article 81, paragraph 3 (c) (ii), or article 82, paragraph 1
(a) or (b), not later than five days from the date upon which the party filing the appeal is
notified of the decision.
2. An appeal may be filed under article 82, paragraph 1 (c), not later than two days from
the date upon which the party filing the appeal is notified of the decision.
3. Rule 150, sub-rules 3 and 4, shall apply to appeals filed under sub-rules 1 and 2 of this
rule.Rules of Procedure and Evidence
65
Rule 155
Appeals that require leave of the Court
1. When a party wishes to appeal a decision under article 82, paragraph 1 (d), or
article 82, paragraph 2, that party shall, within five days of being notified of that decision,
make a written application to the Chamber that gave the decision, setting out the reasons for
the request for leave to appeal.
2. The Chamber shall render a decision and shall notify all parties who participated in the
proceedings that gave rise to the decision referred to in sub-rule 1.
Rule 156
Procedure for the appeal
1. As soon as an appeal has been filed under rule 154 or as soon as leave to appeal has
been granted under rule 155, the Registrar shall transmit to the Appeals Chamber the record
of the proceedings of the Chamber that made the decision that is the subject of the appeal.
2. The Registrar shall give notice of the appeal to all parties who participated in the
proceedings before the Chamber that gave the decision that is the subject of the appeal, unless
they have already been notified by the Chamber under rule 155, sub-rule 2.
3. The appeal proceedings shall be in writing unless the Appeals Chamber decides to
convene a hearing.
4. The appeal shall be heard as expeditiously as possible.
5. When filing the appeal, the party appealing may request that the appeal have
suspensive effect in accordance with article 82, paragraph 3.
Rule 157
Discontinuance of the appeal
Any party who has filed an appeal under rule 154 or who has obtained the leave of a
Chamber to appeal a decision under rule 155 may discontinue the appeal at any time before
judgement has been delivered. In such case, the party shall file with the Registrar a written
notice of discontinuance of appeal. The Registrar shall inform the other parties that such a
notice has been filed.
Rule 158
Judgement on the appeal
1. An Appeals Chamber which considers an appeal referred to in this section may
confirm, reverse or amend the decision appealed.
2. The judgement of the Appeals Chamber shall be delivered in accordance with
article 83, paragraph 4.Rules of Procedure and Evidence
66
Section IV. Revision of conviction or sentence
Rule 159
Application for revision
1. An application for revision provided for in article 84, paragraph 1, shall be in writing
and shall set out the grounds on which the revision is sought. It shall as far as possible be
accompanied by supporting material.
2. The determination on whether the application is meritorious shall be taken by a
majority of the judges of the Appeals Chamber and shall be supported by reasons in writing.
3. Notification of the decision shall be sent to the applicant and, as far as possible, to all
the parties who participated in the proceedings related to the initial decision.
Rule 160
Transfer for the purpose of revision
1. For the conduct of the hearing provided for in rule 161, the relevant Chamber shall
issue its order sufficiently in advance to enable the transfer of the sentenced person to the seat
of the Court, as appropriate.
2. The determination of the Court shall be communicated without delay to the State of
enforcement.
3. The provisions of rule 206, sub-rule 3, shall be applicable.
Rule 161
Determination on revision
1. On a date which it shall determine and shall communicate to the applicant and to all
those having received notification under rule 159, sub-rule 3, the relevant Chamber shall hold
a hearing to determine whether the conviction or sentence should be revised.
2. For the conduct of the hearing, the relevant Chamber shall exercise, mutatis mutandis,
all the powers of the Trial Chamber pursuant to Part 6 and the rules governing proceedings
and the submission of evidence in the Pre-Trial and Trial Chambers.
3. The determination on revision shall be governed by the applicable provisions of article
83, paragraph 4.
Chapter 9. Offences and misconduct against the Court
Section I. Offences against the administration of justice under article 70
Rule 162
Exercise of jurisdiction
1. Before deciding whether to exercise jurisdiction, the Court may consult with States
Parties that may have jurisdiction over the offence.
2. In making a decision whether or not to exercise jurisdiction, the Court may consider,
in particular:
(a) The availability and effectiveness of prosecution in a State Party;Rules of Procedure and Evidence
67
(b) The seriousness of an offence;
(c) The possible joinder of charges under article 70 with charges under articles 5 to
8;
(d) The need to expedite proceedings;
(e) Links with an ongoing investigation or a trial before the Court; and
(f) Evidentiary considerations.
3. The Court shall give favourable consideration to a request from the host State for a
waiver of the power of the Court to exercise jurisdiction in cases where the host State
considers such a waiver to be of particular importance.
4. If the Court decides not to exercise its jurisdiction, it may request a State Party to
exercise jurisdiction pursuant to article 70, paragraph 4.
Rule 163
Application of the Statute and the Rules
1. Unless otherwise provided in sub-rules 2 and 3, rule 162 and rules 164 to 169, the
Statute and the Rules shall apply mutatis mutandis to the Court’s investigation, prosecution
and punishment of offences defined in article 70.
2. The provisions of Part 2, and any rules thereunder, shall not apply, with the exception
of article 21.
3. The provisions of Part 10, and any rules thereunder, shall not apply, with the exception
of articles 103, 107, 109 and 111.
Rule 164
Periods of limitation
1. If the Court exercises jurisdiction in accordance with rule 162, it shall apply the
periods of limitation set forth in this rule.
2. Offences defined in article 70 shall be subject to a period of limitation of five years
from the date on which the offence was committed, provided that during this period no
investigation or prosecution has been initiated. The period of limitation shall be interrupted if
an investigation or prosecution has been initiated during this period, either before the Court or
by a State Party with jurisdiction over the case pursuant to article 70, paragraph 4 (a).
3. Enforcement of sanctions imposed with respect to offences defined in article 70 shall
be subject to a period of limitation of 10 years from the date on which the sanction has
become final. The period of limitation shall be interrupted with the detention of the convicted
person or while the person concerned is outside the territory of the States Parties.
Rule 165
Investigation, prosecution and trial
1. The Prosecutor may initiate and conduct investigations with respect to the offences
defined in article 70 on his or her own initiative, on the basis of information communicated by
a Chamber or any reliable source.
2. Articles 53 and 59, and any rules thereunder, shall not apply.Rules of Procedure and Evidence
68
3. For purposes of article 61, the Pre-Trial Chamber may make any of the determinations
set forth in that article on the basis of written submissions, without a hearing, unless the
interests of justice otherwise require.
4. A Trial Chamber may, as appropriate and taking into account the rights of the defence,
direct that there be joinder of charges under article 70 with charges under articles 5 to 8.
Rule 166
Sanctions under article 70
1. If the Court imposes sanctions with respect to article 70, this rule shall apply.
2. Article 77, and any rules thereunder, shall not apply, with the exception of an order of
forfeiture under article 77, paragraph 2 (b), which may be ordered in addition to imprisonment
or a fine or both.
3. Each offence may be separately fined and those fines may be cumulative. Under no
circumstances may the total amount exceed 50 per cent of the value of the convicted person’s
identifiable assets, liquid or realizable, and property, after deduction of an appropriate amount
that would satisfy the financial needs of the convicted person and his or her dependants.
4. In imposing a fine the Court shall allow the convicted person a reasonable period in
which to pay the fine. The Court may provide for payment of a lump sum or by way of
instalments during that period.
5. If the convicted person does not pay a fine imposed in accordance with the conditions
set forth in sub-rule 4, appropriate measures may be taken by the Court pursuant to rules 217
to 222 and in accordance with article 109. Where, in cases of continued wilful non-payment,
the Court, on its own motion or at the request of the Prosecutor, is satisfied that all available
enforcement measures have been exhausted, it may as a last resort impose a term of
imprisonment in accordance with article 70, paragraph 3. In the determination of such term of
imprisonment, the Court shall take into account the amount of fine paid.
Rule 167
International cooperation and judicial assistance
1. With regard to offences under article 70, the Court may request a State to provide any
form of international cooperation or judicial assistance corresponding to those forms set forth
in Part 9. In any such request, the Court shall indicate that the basis for the request is an
investigation or prosecution of offences under article 70.
2. The conditions for providing international cooperation or judicial assistance to the
Court with respect to offences under article 70 shall be those set forth in article 70,
paragraph 2.
Rule 168
Ne bis in idem
In respect of offences under article 70, no person shall be tried before the Court with
respect to conduct which formed the basis of an offence for which the person has already been
convicted or acquitted by the Court or another court.Rules of Procedure and Evidence
69
Rule 169
Immediate arrest
In the case of an alleged offence under article 70 committed in the presence of a
Chamber, the Prosecutor may orally request that Chamber to order the immediate arrest of the
person concerned.
Section II. Misconduct before the Court under article 71
Rule 170
Disruption of proceedings
Having regard to article 63, paragraph 2, the Presiding Judge of the Chamber dealing
with the matter may, after giving a warning:
(a) Order a person disrupting the proceedings of the Court to leave or be removed
from the courtroom; or,
(b) In case of repeated misconduct, order the interdiction of that person from
attending the proceedings.
Rule 171
Refusal to comply with a direction by the Court
1. When the misconduct consists of deliberate refusal to comply with an oral or written
direction by the Court, not covered by rule 170, and that direction is accompanied by a
warning of sanctions in case of breach, the Presiding Judge of the Chamber dealing with the
matter may order the interdiction of that person from the proceedings for a period not
exceeding 30 days or, if the misconduct is of a more serious nature, impose a fine.
2. If the person committing misconduct as described in sub-rule 1 is an official of the
Court, or a defence counsel, or a legal representative of victims, the Presiding Judge of the
Chamber dealing with the matter may also order the interdiction of that person from
exercising his or her functions before the Court for a period not exceeding 30 days.
3. If the Presiding Judge in cases under sub-rules 1 and 2 considers that a longer period
of interdiction is appropriate, the Presiding Judge shall refer the matter to the Presidency,
which may hold a hearing to determine whether to order a longer or permanent period of
interdiction.
4. A fine imposed under sub-rule 1 shall not exceed 2,000 euros, or the equivalent
amount in any currency, provided that in cases of continuing misconduct, a new fine may be
imposed on each day that the misconduct continues, and such fines shall be cumulative.
5. The person concerned shall be given an opportunity to be heard before a sanction for
misconduct, as described in this rule, is imposed.
Rule 172
Conduct covered by both articles 70 and 71
If conduct covered by article 71 also constitutes one of the offences defined in
article 70, the Court shall proceed in accordance with article 70 and rules 162 to 169.Rules of Procedure and Evidence
70
Chapter 10.Compensation to an arrested or convicted person
Rule 173
Request for compensation
1. Anyone seeking compensation on any of the grounds indicated in article 85 shall
submit a request, in writing, to the Presidency, which shall designate a Chamber composed of
three judges to consider the request. These judges shall not have participated in any earlier
judgement of the Court regarding the person making the request.
2. The request for compensation shall be submitted not later than six months from the
date the person making the request was notified of the decision of the Court concerning:
(a) The unlawfulness of the arrest or detention under article 85, paragraph 1;
(b) The reversal of the conviction under article 85, paragraph 2;
(c) The existence of a grave and manifest miscarriage of justice under article 85,
paragraph 3.
3. The request shall contain the grounds and the amount of compensation requested.
4. The person requesting compensation shall be entitled to legal assistance.
Rule 174
Procedure for seeking compensation
1. A request for compensation and any other written observation by the person filing the
request shall be transmitted to the Prosecutor, who shall have an opportunity to respond in
writing. Any observations by the Prosecutor shall be notified to the person filing the request.
2. The Chamber designated under rule 173, sub-rule 1, may either hold a hearing or
determine the matter on the basis of the request and any written observations by the
Prosecutor and the person filing the request. A hearing shall be held if the Prosecutor or the
person seeking compensation so requests.
3. The decision shall be taken by the majority of the judges. The decision shall be
notified to the Prosecutor and to the person filing the request.
Rule 175
Amount of compensation
In establishing the amount of any compensation in conformity with article 85,
paragraph 3, the Chamber designated under rule 173, sub-rule 1, shall take into consideration
the consequences of the grave and manifest miscarriage of justice on the personal, family,
social and professional situation of the person filing the request.Rules of Procedure and Evidence
71
Chapter 11.International cooperation and judicial assistance
Section I. Requests for cooperation under article 87
Rule 176
Organs of the Court responsible for the transmission and receipt of any communications
relating to international cooperation and judicial assistance
1. Upon and subsequent to the establishment of the Court, the Registrar shall obtain from
the Secretary-General of the United Nations any communication made by States pursuant to
article 87, paragraphs 1 (a) and 2.
2. The Registrar shall transmit the requests for cooperation made by the Chambers and
shall receive the responses, information and documents from requested States. The Office of
the Prosecutor shall transmit the requests for cooperation made by the Prosecutor and shall
receive the responses, information and documents from requested States.
3. The Registrar shall be the recipient of any communication from States concerning
subsequent changes in the designation of the national channels charged with receiving
requests for cooperation, as well as of any change in the language in which requests for
cooperation should be made, and shall, upon request, make such information available to
States Parties as may be appropriate.
4. The provisions of sub-rule 2 are applicable mutatis mutandis where the Court requests
information, documents or other forms of cooperation and assistance from an
intergovernmental organization.
5. The Registrar shall transmit any communications referred to in sub-rules 1 and 3 and
rule 177, sub-rule 2, as appropriate, to the Presidency or the Office of the Prosecutor, or both.
Rule 177
Channels of communication
1. Communications concerning the national authority charged with receiving requests for
cooperation made upon ratification, acceptance, approval or accession shall provide all
relevant information about such authorities.
2. When an intergovernmental organization is asked to assist the Court under article 87,
paragraph 6, the Registrar shall, when necessary, ascertain its designated channel of
communication and obtain all relevant information relating thereto.
Rule 178
Language chosen by States Parties under article 87, paragraph 2
1. When a requested State Party has more than one official language, it may indicate
upon ratification, acceptance, approval or accession that requests for cooperation and any
supporting documents can be drafted in any one of its official languages.
2. When the requested State Party has not chosen a language for communication with the
Court upon ratification, acceptance, accession or approval, the request for cooperation shall
either be in or be accompanied by a translation into one of the working languages of the Court
pursuant to article 87, paragraph 2.Rules of Procedure and Evidence
72
Rule 179
Language of requests directed to States not party to the Statute
When a State not party to the Statute has agreed to provide assistance to the Court
under article 87, paragraph 5, and has not made a choice of language for such requests, the
requests for cooperation shall either be in or be accompanied by a translation into one of the
working languages of the Court.
Rule 180
Changes in the channels of communication or the languages of requests for cooperation
1. Changes concerning the channel of communication or the language a State has chosen
under article 87, paragraph 2, shall be communicated in writing to the Registrar at the earliest
opportunity.
2. Such changes shall take effect in respect of requests for cooperation made by the Court
at a time agreed between the Court and the State or, in the absence of such an agreement, 45
days after the Court has received the communication and, in all cases, without prejudice to
current requests or requests in progress.
Section II. Surrender, transit and competing requests under articles 89
and 90
Rule 181
Challenge to admissibility of a case before a national court
When a situation described in article 89, paragraph 2, arises, and without prejudice to
the provisions of article 19 and of rules 58 to 62 on procedures applicable to challenges to the
jurisdiction of the Court or the admissibility of a case, the Chamber dealing with the case, if
the admissibility ruling is still pending, shall take steps to obtain from the requested State all
the relevant information about the ne bis in idem challenge brought by the person.
Rule 182
Request for transit under article 89, paragraph 3 (e)
1. In situations described in article 89, paragraph 3 (e), the Court may transmit the
request for transit by any medium capable of delivering a written record.
2. When the time limit provided for in article 89, paragraph 3 (e), has expired and the
person concerned has been released, such a release is without prejudice to a subsequent arrest
of the person in accordance with the provisions of article 89 or article 92.
Rule 183
Possible temporary surrender
Following the consultations referred to in article 89, paragraph 4, the requested State
may temporarily surrender the person sought in accordance with conditions determined
between the requested State and the Court. In such case the person shall be kept in custody
during his or her presence before the Court and shall be transferred to the requested State once
his or her presence before the Court is no longer required, at the latest when the proceedings
have been completed.Rules of Procedure and Evidence
73
Rule 184
Arrangements for surrender
1. The requested State shall immediately inform the Registrar when the person sought by
the Court is available for surrender.
2. The person shall be surrendered to the Court by the date and in the manner agreed
upon between the authorities of the requested State and the Registrar.
3. If circumstances prevent the surrender of the person by the date agreed, the authorities
of the requested State and the Registrar shall agree upon a new date and manner by which the
person shall be surrendered.
4. The Registrar shall maintain contact with the authorities of the host State in relation to
the arrangements for the surrender of the person to the Court.
Rule 185
Release of a person from the custody of the Court other than upon completion of
sentence
1. Subject to sub-rule 2, where a person surrendered to the Court is released from the
custody of the Court because the Court does not have jurisdiction, the case is inadmissible
under article 17, paragraph 1 (b), (c) or (d), the charges have not been confirmed under article
61, the person has been acquitted at trial or on appeal, or for any other reason, the Court shall,
as soon as possible, make such arrangements as it considers appropriate for the transfer of the
person, taking into account the views of the person, to a State which is obliged to receive him
or her, to another State which agrees to receive him or her, or to a State which has requested
his or her extradition with the consent of the original surrendering State. In this case, the host
State shall facilitate the transfer in accordance with the agreement referred to in article 3,
paragraph 2, and the related arrangements.
2. Where the Court has determined that the case is inadmissible under article 17,
paragraph 1 (a), the Court shall make arrangements, as appropriate, for the transfer of the
person to a State whose investigation or prosecution has formed the basis of the successful
challenge to admissibility, unless the State that originally surrendered the person requests his
or her return.
Rule 186
Competing requests in the context of a challenge to the admissibility of the case
In situations described in article 90, paragraph 8, the requested State shall provide the
notification of its decision to the Prosecutor in order to enable him or her to act in accordance
with article 19, paragraph 10.
Section III. Documents for arrest and surrender under articles 91 and 92
Rule 187
Translation of documents accompanying request for surrender
For the purposes of article 67, paragraph 1 (a), and in accordance with rule 117, subrule 1, the request under article 91 shall be accompanied, as appropriate, by a translation of
the warrant of arrest or of the judgement of conviction and by a translation of the text of any
relevant provisions of the Statute, in a language that the person fully understands and speaks.Rules of Procedure and Evidence
74
Rule 188
Time limit for submission of documents after provisional arrest
For the purposes of article 92, paragraph 3, the time limit for receipt by the requested
State of the request for surrender and the documents supporting the request shall be 60 days
from the date of the provisional arrest.
Rule 189
Transmission of documents supporting the request
When a person has consented to surrender in accordance with the provisions of
article 92, paragraph 3, and the requested State proceeds to surrender the person to the Court,
the Court shall not be required to provide the documents described in article 91 unless the
requested State indicates otherwise.
Section IV. Cooperation under article 93
Rule 190
Instruction on self-incrimination accompanying request for witness
When making a request under article 93, paragraph 1 (e), with respect to a witness, the
Court shall annex an instruction, concerning rule 74 relating to self-incrimination, to be
provided to the witness in question, in a language that the person fully understands and
speaks.
Rule 191
Assurance provided by the Court under article 93, paragraph 2
The Chamber dealing with the case, on its own motion or at the request of the
Prosecutor, defence or witness or expert concerned, may decide, after taking into account the
views of the Prosecutor and the witness or expert concerned, to provide the assurance
described in article 93, paragraph 2.
Rule 192
Transfer of a person in custody
1. Transfer of a person in custody to the Court in accordance with article 93, paragraph 7,
shall be arranged by the national authorities concerned in liaison with the Registrar and the
authorities of the host State.
2. The Registrar shall ensure the proper conduct of the transfer, including the supervision
of the person while in the custody of the Court.
3. The person in custody before the Court shall have the right to raise matters concerning
the conditions of his or her detention with the relevant Chamber.
4. In accordance with article 93, paragraph 7 (b), when the purposes of the transfer have
been fulfilled, the Registrar shall arrange for the return of the person in custody to the
requested State.Rules of Procedure and Evidence
75
Rule 193
Temporary transfer of the person from the State of enforcement
1. The Chamber that is considering the case may order the temporary transfer from the
State of enforcement to the seat of the Court of any person sentenced by the Court whose
testimony or other assistance is necessary to the Court. The provisions of article 93, paragraph
7, shall not apply.
2. The Registrar shall ensure the proper conduct of the transfer, in liaison with the
authorities of the State of enforcement and the authorities of the host State. When the
purposes of the transfer have been fulfilled, the Court shall return the sentenced person to the
State of enforcement.
3. The person shall be kept in custody during his or her presence before the Court. The
entire period of detention spent at the seat of the Court shall be deducted from the sentence
remaining to be served.
Rule 194
Cooperation requested from the Court
1. In accordance with article 93, paragraph 10, and consistent with article 96, mutatis
mutandis, a State may transmit to the Court a request for cooperation or assistance to the
Court, either in or accompanied by a translation into one of the working languages of the
Court.
2. Requests described in sub-rule 1 are to be sent to the Registrar, which shall transmit
them, as appropriate, either to the Prosecutor or to the Chamber concerned.
3. If protective measures within the meaning of article 68 have been adopted, the
Prosecutor or Chamber, as appropriate, shall consider the views of the Chamber which
ordered the measures as well as those of the relevant victim or witness, before deciding on the
request.
4. If the request relates to documents or evidence as described in article 93, paragraph 10
(b) (ii), the Prosecutor or Chamber, as appropriate, shall obtain the written consent of the
relevant State before proceeding with the request.
5. When the Court decides to grant the request for cooperation or assistance from a State,
the request shall be executed, insofar as possible, following any procedure outlined therein by
the requesting State and permitting persons specified in the request to be present.
Section V. Cooperation under article 98
Rule 195
Provision of information
1. When a requested State notifies the Court that a request for surrender or assistance
raises a problem of execution in respect of article 98, the requested State shall provide any
information relevant to assist the Court in the application of article 98. Any concerned third
State or sending State may provide additional information to assist the Court.
2. The Court may not proceed with a request for the surrender of a person without the
consent of a sending State if, under article 98, paragraph 2, such a request would be
inconsistent with obligations under an international agreement pursuant to which the consent
of a sending State is required prior to the surrender of a person of that State to the Court.Rules of Procedure and Evidence
76
Section VI. Rule of speciality under article 101
Rule 196
Provision of views on article 101, paragraph 1
A person surrendered to the Court may provide views on a perceived violation of the
provisions of article 101, paragraph 1.
Rule 197
Extension of the surrender
When the Court has requested a waiver of the requirements of article 101, paragraph 1,
the requested State may ask the Court to obtain and provide the views of the person
surrendered to the Court.
Chapter 12.Enforcement
Section I. Role of States in enforcement of sentences of imprisonment and
change in designation of State of enforcement under articles
103 and 104
Rule 198
Communications between the Court and States
Unless the context otherwise requires, article 87 and rules 176 to 180 shall apply, as
appropriate, to communications between the Court and a State on matters relating to
enforcement of sentences.
Rule 199
Organ responsible under Part 10
Unless provided otherwise in the Rules, the functions of the Court under Part 10 shall
be exercised by the Presidency.
Rule 200
List of States of enforcement
1. A list of States that have indicated their willingness to accept sentenced persons shall
be established and maintained by the Registrar.
2. The Presidency shall not include a State on the list provided for in article 103,
paragraph 1 (a), if it does not agree with the conditions that such a State attaches to its
acceptance. The Presidency may request any additional information from that State prior to
taking a decision.
3. A State that has attached conditions of acceptance may at any time withdraw such
conditions. Any amendments or additions to such conditions shall be subject to confirmation
by the Presidency.
4. A State may at any time inform the Registrar of its withdrawal from the list. Such
withdrawal shall not affect the enforcement of the sentences in respect of persons that the
State has already accepted.Rules of Procedure and Evidence
77
5. The Court may enter bilateral arrangements with States with a view to establishing a
framework for the acceptance of prisoners sentenced by the Court. Such arrangements shall
be consistent with the Statute.
Rule 201
Principles of equitable distribution
Principles of equitable distribution for purposes of article 103, paragraph 3, shall
include:
(a) The principle of equitable geographical distribution;
(b) The need to afford each State on the list an opportunity to receive sentenced
persons;
(c) The number of sentenced persons already received by that State and other
States of enforcement;
(d) Any other relevant factors.
Rule 202
Timing of delivery of the sentenced person to the State of enforcement
The delivery of a sentenced person from the Court to the designated State of
enforcement shall not take place unless the decision on the conviction and the decision on the
sentence have become final.
Rule 203
Views of the sentenced person
1. The Presidency shall give notice in writing to the sentenced person that it is addressing
the designation of a State of enforcement. The sentenced person shall, within such time limit
as the Presidency shall prescribe, submit in writing his or her views on the question to the
Presidency.
2. The Presidency may allow the sentenced person to make oral presentations.
3. The Presidency shall allow the sentenced person:
(a) To be assisted, as appropriate, by a competent interpreter and to benefit from
any translation necessary for the presentation of his or her views;
(b) To be granted adequate time and facilities necessary to prepare for the
presentation of his or her views.
Rule 204
Information relating to designation
When the Presidency notifies the designated State of its decision, it shall also transmit
the following information and documents:
(a) The name, nationality, date and place of birth of the sentenced person;
(b) A copy of the final judgement of conviction and of the sentence imposed;Rules of Procedure and Evidence
78
(c) The length and commencement date of the sentence and the time remaining to
be served;
(d) After having heard the views of the sentenced person, any necessary
information concerning the state of his or her health, including any medical treatment that he
or she is receiving.
Rule 205
Rejection of designation in a particular case
Where a State in a particular case rejects the designation by the Presidency, the
Presidency may designate another State.
Rule 206
Delivery of the sentenced person to the State of enforcement
1. The Registrar shall inform the Prosecutor and the sentenced person of the State
designated to enforce the sentence.
2. The sentenced person shall be delivered to the State of enforcement as soon as
possible after the designated State of enforcement accepts.
3. The Registrar shall ensure the proper conduct of the delivery of the person in
consultation with the authorities of the State of enforcement and the host State.
Rule 207
Transit
1. No authorization is required if the sentenced person is transported by air and no
landing is scheduled on the territory of the transit State. If an unscheduled landing occurs on
the territory of the transit State, that State shall, to the extent possible under the procedure of
national law, detain the sentenced person in custody until a request for transit as provided in
sub-rule 2 or a request under article 89, paragraph 1, or article 92 is received.
2. To the extent possible under the procedure of national law, a State Party shall
authorize the transit of a sentenced person through its territory and the provisions of article
89, paragraph 3 (b) and (c), and articles 105 and 108 and any rules relating thereto shall, as
appropriate, apply. A copy of the final judgement of conviction and of the sentence imposed
shall be attached to such request for transit.
Rule 208
Costs
1. The ordinary costs for the enforcement of the sentence in the territory of the State of
enforcement shall be borne by that State.
2. Other costs, including those for the transport of the sentenced person and those
referred to in article 100, paragraph 1 (c), (d) and (e), shall be borne by the Court.Rules of Procedure and Evidence
79
Rule 209
Change in designation of State of enforcement
1. The Presidency, acting on its own motion or at the request of the sentenced person or
the Prosecutor, may at any time act in accordance with article 104, paragraph 1.
2. The request of the sentenced person or of the Prosecutor shall be made in writing and
shall set out the grounds upon which the transfer is sought.
Rule 210
Procedure for change in the designation of a State of enforcement
1. Before deciding to change the designation of a State of enforcement, the Presidency may:
(a) Request views from the State of enforcement;
(b) Consider written or oral presentations of the sentenced person and the
Prosecutor;
(c) Consider written or oral expert opinion concerning, inter alia, the sentenced
person;
(d) Obtain any other relevant information from any reliable sources.
2. The provisions of rule 203, sub-rule 3, shall apply, as appropriate.
3. If the Presidency refuses to change the designation of the State of enforcement, it
shall, as soon as possible, inform the sentenced person, the Prosecutor and the Registrar of its
decision and of the reasons therefor. It shall also inform the State of enforcement.
Section II. Enforcement, supervision and transfer under articles 105, 106
and 107
Rule 211
Supervision of enforcement of sentences and conditions of imprisonment
1. In order to supervise the enforcement of sentences of imprisonment, the Presidency:
(a) Shall, in consultation with the State of enforcement, ensure that in establishing
appropriate arrangements for the exercise by any sentenced person of his or her right to
communicate with the Court about the conditions of imprisonment, the provisions of
article 106, paragraph 3, shall be respected;
(b) May, when necessary, request any information, report or expert opinion from
the State of enforcement or from any reliable sources;
(c) May, where appropriate, delegate a judge of the Court or a member of the staff
of the Court who will be responsible, after notifying the State of enforcement, for meeting the
sentenced person and hearing his or her views, without the presence of national authorities;
(d) May, where appropriate, give the State of enforcement an opportunity to
comment on the views expressed by the sentenced person under sub-rule 1 (c).
2. When a sentenced person is eligible for a prison programme or benefit available under
the domestic law of the State of enforcement which may entail some activity outside the
prison facility, the State of enforcement shall communicate that fact to the Presidency, Rules of Procedure and Evidence
80
together with any relevant information or observation, to enable the Court to exercise its
supervisory function.
Rule 212
Information on location of the person for enforcement of fines, forfeitures or reparation
measures
For the purpose of enforcement of fines and forfeiture measures and of reparation
measures ordered by the Court, the Presidency may, at any time or at least 30 days before the
scheduled completion of the sentence served by the sentenced person, request the State of
enforcement to transmit to it the relevant information concerning the intention of that State to
authorize the person to remain in its territory or the location where it intends to transfer the
person.
Rule 213
Procedure for article 107, paragraph 3
With respect to article 107, paragraph 3, the procedure set out in rules 214 and 215
shall apply, as appropriate.
Section III. Limitation on the prosecution or punishment of other offences
under article 108
Rule 214
Request to prosecute or enforce a sentence for prior conduct
1. For the application of article 108, when the State of enforcement wishes to prosecute
or enforce a sentence against the sentenced person for any conduct engaged in prior to that
person’s transfer, it shall notify its intention to the Presidency and transmit to it the following
documents:
(a) A statement of the facts of the case and their legal characterization;
(b) A copy of any applicable legal provisions, including those concerning the
statute of limitation and the applicable penalties;
(c) A copy of any sentence, warrant of arrest or other document having the same
force, or of any other legal writ which the State intends to enforce;
(d) A protocol containing views of the sentenced person obtained after the person
has been informed sufficiently about the proceedings.
2. In the event of a request for extradition made by another State, the State of
enforcement shall transmit the entire request to the Presidency with a protocol containing the
views of the sentenced person obtained after informing the person sufficiently about the
extradition request.
3. The Presidency may in all cases request any document or additional information from
the State of enforcement or the State requesting extradition.
4. If the person was surrendered to the Court by a State other than the State of
enforcement or the State seeking extradition, the Presidency shall consult with the State that
surrendered the person and take into account any views expressed by that State.Rules of Procedure and Evidence
81
5. Any information or documents transmitted to the Presidency under sub-rules 1 to 4
shall be transmitted to the Prosecutor, who may comment.
6. The Presidency may decide to conduct a hearing.
Rule 215
Decision on request to prosecute or enforce a sentence
1. The Presidency shall make a determination as soon as possible. This determination
shall be notified to all those who have participated in the proceedings.
2. If the request submitted under sub-rules 1 or 2 of rule 214 concerns the enforcement of
a sentence, the sentenced person may serve that sentence in the State designated by the Court
to enforce the sentence pronounced by it or be extradited to a third State only after having
served the full sentence pronounced by the Court, subject to the provisions of article 110.
3. The Presidency may authorize the temporary extradition of the sentenced person to a
third State for prosecution only if it has obtained assurances which it deems to be sufficient
that the sentenced person will be kept in custody in the third State and transferred back to the
State responsible for enforcement of the sentence pronounced by the Court, after the
prosecution.
Rule 216
Information on enforcement
The Presidency shall request the State of enforcement to inform it of any important
event concerning the sentenced person, and of any prosecution of that person for events
subsequent to his or her transfer.
Section IV. Enforcement of fines, forfeiture measures and reparation
orders
Rule 217
Cooperation and measures for enforcement of fines, forfeiture or reparation orders
For the enforcement of fines, forfeiture or reparation orders, the Presidency shall, as
appropriate, seek cooperation and measures for enforcement in accordance with Part 9, as
well as transmit copies of relevant orders to any State with which the sentenced person
appears to have direct connection by reason of either nationality, domicile or habitual
residence or by virtue of the location of the sentenced person’s assets and property or with
which the victim has such connection. The Presidency shall, as appropriate, inform the State
of any third-party claims or of the fact that no claim was presented by a person who received
notification of any proceedings conducted pursuant to article 75.
Rule 218
Orders for forfeiture and reparations
1. In order to enable States to give effect to an order for forfeiture, the order shall
specify:
(a) The identity of the person against whom the order has been issued;Rules of Procedure and Evidence
82
(b) The proceeds, property and assets that have been ordered by the Court to be
forfeited; and
(c) That if the State Party is unable to give effect to the order for forfeiture in
relation to the specified proceeds, property or assets, it shall take measures to recover the
value of the same.
2. In the request for cooperation and measures for enforcement, the Court shall also
provide available information as to the location of the proceeds, property and assets that are
covered by the order for forfeiture.
3. In order to enable States to give effect to an order for reparations, the order shall
specify:
(a) The identity of the person against whom the order has been issued;
(b) In respect of reparations of a financial nature, the identity of the victims to
whom individual reparations have been granted, and, where the award for reparations shall be
deposited with the Trust Fund, the particulars of the Trust Fund for the deposit of the award;
and
(c) The scope and nature of the reparations ordered by the Court, including, where
applicable, the property and assets for which restitution has been ordered.
4. Where the Court awards reparations on an individual basis, a copy of the reparation
order shall be transmitted to the victim concerned.
Rule 219
Non-modification of orders for reparation
The Presidency shall, when transmitting copies of orders for reparations to States
Parties under rule 217, inform them that, in giving effect to an order for reparations, the
national authorities shall not modify the reparations specified by the Court, the scope or the
extent of any damage, loss or injury determined by the Court or the principles stated in the
order, and shall facilitate the enforcement of such order.
Rule 220
Non-modification of judgements in which fines were imposed
When transmitting copies of judgements in which fines were imposed to States Parties
for the purpose of enforcement in accordance with article 109 and rule 217, the Presidency
shall inform them that in enforcing the fines imposed, national authorities shall not modify
them.
Rule 221
Decision on disposition or allocation of property or assets
1. The Presidency shall, after having consulted, as appropriate, with the Prosecutor, the
sentenced person, the victims or their legal representatives, the national authorities of the
State of enforcement or any relevant third party, or representatives of the Trust Fund provided
for in article 79, decide on all matters related to the disposition or allocation of property or
assets realized through enforcement of an order of the Court.Rules of Procedure and Evidence
83
2. In all cases, when the Presidency decides on the disposition or allocation of property
or assets belonging to the sentenced person, it shall give priority to the enforcement of
measures concerning reparations to victims.
Rule 222
Assistance for service or any other measure
The Presidency shall assist the State in the enforcement of fines, forfeiture or
reparation orders, as requested, with the service of any relevant notification on the sentenced
person or any other relevant persons, or the carrying out of any other measures necessary for
the enforcement of the order under the procedure of the national law of the enforcement State.
Section V. Review concerning reduction of sentence under article 110
Rule 223
Criteria for review concerning reduction of sentence
In reviewing the question of reduction of sentence pursuant to article 110, paragraphs
3 and 5, the three judges of the Appeals Chamber shall take into account the criteria listed in
article 110, paragraph 4 (a) and (b), and the following criteria:
(a) The conduct of the sentenced person while in detention, which shows a
genuine dissociation from his or her crime;
(b) The prospect of the resocialization and successful resettlement of the sentenced
person;
(c) Whether the early release of the sentenced person would give rise to significant
social instability;
(d) Any significant action taken by the sentenced person for the benefit of the
victims as well as any impact on the victims and their families as a result of the early release;
(e) Individual circumstances of the sentenced person, including a worsening state
of physical or mental health or advanced age.
Rule 224
Procedure for review concerning reduction of sentence
1. For the application of article 110, paragraph 3, three judges of the Appeals Chamber
appointed by that Chamber shall conduct a hearing, unless they decide otherwise in a
particular case, for exceptional reasons. The hearing shall be conducted with the sentenced
person, who may be assisted by his or her counsel, with interpretation, as may be required.
Those three judges shall invite the Prosecutor, the State of enforcement of any penalty under
article 77 or any reparation order pursuant to article 75 and, to the extent possible, the victims
or their legal representatives who participated in the proceedings, to participate in the hearing
or to submit written observations. Under exceptional circumstances, this hearing may be
conducted by way of a videoconference or in the State of enforcement by a judge delegated
by the Appeals Chamber.
2. The same three judges shall communicate the decision and the reasons for it to all
those who participated in the review proceedings as soon as possible.Rules of Procedure and Evidence
84
3. For the application of article 110, paragraph 5, three judges of the Appeals Chamber
appointed by that Chamber shall review the question of reduction of sentence every three
years, unless it establishes a shorter interval in its decision taken pursuant to article 110,
paragraph 3. In case of a significant change in circumstances, those three judges may permit
the sentenced person to apply for a review within the three-year period or such shorter period
as may have been set by the three judges.
4. For any review under article 110, paragraph 5, three judges of the Appeals Chamber
appointed by that Chamber shall invite written representations from the sentenced person or
his or her counsel, the Prosecutor, the State of enforcement of any penalty under article 77
and any reparation order pursuant to article 75 and, to the extent possible, the victims or their
legal representatives who participated in the proceedings. The three judges may also decide to
hold a hearing.
5. The decision and the reasons for it shall be communicated to all those who participated
in the review proceedings as soon as possible.
Section VI. Escape
Rule 225
Measures under article 111 in the event of escape
1. If the sentenced person has escaped, the State of enforcement shall, as soon as
possible, advise the Registrar by any medium capable of delivering a written record. The
Presidency shall then proceed in accordance with Part 9.
2. However, if the State in which the sentenced person is located agrees to surrender him
or her to the State of enforcement, pursuant to either international agreements or its national
legislation, the State of enforcement shall so advise the Registrar in writing. The person shall
be surrendered to the State of enforcement as soon as possible, if necessary in consultation
with the Registrar, who shall provide all necessary assistance, including, if necessary, the
presentation of requests for transit to the States concerned, in accordance with rule 207. The
costs associated with the surrender of the sentenced person shall be borne by the Court if no
State assumes responsibility for them.
3. If the sentenced person is surrendered to the Court pursuant to Part 9, the Court shall
transfer him or her to the State of enforcement. Nevertheless, the Presidency may, acting on
its own motion or at the request of the Prosecutor or of the initial State of enforcement and in
accordance with article 103 and rules 203 to 206, designate another State, including the State
to the territory of which the sentenced person has fled.
4. In all cases, the entire period of detention in the territory of the State in which the
sentenced person was in custody after his or her escape and, where sub-rule 3 is applicable,
the period of detention at the seat of the Court following the surrender of the sentenced person
from the State in which he or she was located shall be deducted from the sentence remaining
to be served.
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