Table of Contents

Preamble

Part 1. Establishment Of The Court

Article 1 – The Court

Article 2 – Relationship of the Court with the United Nations

Article 3 – Seat of the Court

Article 4 – Legal status and powers of the Court

Part 2. Jurisdiction, Admissibility And Applicable Law

Article 5 – Crimes within the jurisdiction of the Court

Article 6 – Genocide

Article 7 – Crimes against humanity

Article 8 – War crimes

Article 8 bis – Crime of aggression

Article 9 – Elements of Crimes

Article 10

Article 11 – Jurisdiction ratione temporis

Article 12 – Preconditions to the exercise of jurisdiction

Article 13 – Exercise of jurisdiction

Article 14 – Referral of a situation by a State Party

Article 15 – Prosecutor

Article 15 bis – Exercise of jurisdiction over the crime of aggression (State referral, proprio motu)

Article 15 ter – Exercise of jurisdiction over the crime of aggression (Security Council referral)

Article 16 – Deferral of investigation or prosecution

Article 17 – Issues of admissibility

Article 18 – Preliminary rulings regarding admissibility

Article 19 – Challenges to the jurisdiction of the Court or the admissibility of a case

Article 20 – Ne bis in idemArticle 21 – Applicable law

Part 3. General Principles Of Criminal Law

Article 22 – Nullum crimen sine legeArticle 23 – Nulla poena sine lege

Article 24 – Non-retroactivity ratione personae

Article 25 – Individual criminal responsibility

Article 26 – Exclusion of jurisdiction over persons under eighteen

Article 27 – Irrelevance of official capacity

Article 28 – Responsibility of commanders and other superiors

Article 29 – Non-applicability of statute of limitations

Article 30 – Mental element

Article 31 – Grounds for excluding criminal responsibility

Article 32 – Mistake of fact or mistake of law

Article 33 Superior orders and prescription of law 21

Part 4. Composition And Administration Of The Court

Article 34 – Organs of the Court

Article 35 – Service of judges

Article 36 – Qualifications, nomination and election of judges

Article 37 – Judicial vacancies

Article 38 – The Presidency

Article 39 – Chambers

Article 40 – Independence of the judges

Article 41 – Excusing and disqualification of judges

Article 42 – The Office of the Prosecutor

Article 43 – The Registry

Article 44 – StaffArticle 45 – Solemn undertaking

Article 46 – Removal from office

Article 47 – Disciplinary measures

Article 48 – Privileges and immunities

Article 49 – Salaries, allowances and expenses

Article 50 – Official and working languages

Article 51 – Rules of Procedure and Evidence

Article 52 – Regulations of the Court

Part 5. Investigation And Prosecution

Article 53 – Initiation of an investigation

Article 54 – Duties and powers of the Prosecutor with respect to investigations

Article 55 – Rights of persons during an investigation

Article 56 – Role of the Pre-Trial Chamber in relation to a unique investigative opportunity

Article 57 – Functions and powers of the Pre-Trial Chamber

Article 58 – Issuance by the Pre-Trial Chamber of a warrant of arrest or a summons to appear

Article 59 – Arrest proceedings in the custodial State

Article 60 – Initial proceedings before the Court

Article 61 – Confirmation of the charges before trial

Part 6. The Trial

Article 62 – Place of trial

Article 63 – Trial in the presence of the accused

Article 64 – Functions and powers of the Trial Chamber

Article 65 – Proceedings on an admission of guilt

Article 66 – Presumption of innocence

Article 67 – Rights of the accused

Article 68 – Protection of the victims and witnesses and their participation in the proceedings

Article 69 – Evidence

Article 70 – Offences against the administration of justice

Article 71 – Sanctions for misconduct before the Court

Article 72 – Protection of national security information

Article 73 – Third-party information or documents

Article 74 – Requirements for the decision

Article 75 – Reparations to victims

Article 76 – Sentencing

Part 7. Penalties

Article 77 – Applicable penalties

Article 78 – Determination of the sentence

Article 79 – Trust Fund

Article 80 – Non-prejudice to national application of penalties and national laws

Part 8. Appeal And Revision

Article 81 – Appeal against decision of acquittal or conviction or against sentence

Article 82 – Appeal against other decisions

Article 83 – Proceedings on appeal

Article 84 – Revision of conviction or sentence

Article 85 – Compensation to an arrested or convicted person

Part 9. International Cooperation And Judicial Assistance

Article 86 – General obligation to cooperate

Article 87 – Requests for cooperation: general provisions

Article 88 – Availability of procedures under national law

Article 89 – Surrender of persons to the Court

Article 90 – Competing requests

Article 91 – Contents of request for arrest and surrender

Article 92 – Provisional arrest

Article 93 – Other forms of cooperation

Article 94 – Postponement of execution of a request in respect of ongoing investigation or prosecution

Article 95 – Postponement of execution of a request in respect of an admissibility challenge

Article 96 – Contents of request for other forms of assistance under Article 93

Article 97 – Consultations

Article 98 – Cooperation with respect to waiver of immunity and consent to surrender

Article 99 – Execution of requests under Articles 93 and 96

Article 100 – Costs

Article 101 – Rule of speciality

Article 102 – Use of terms

Part 10. Enforcement

Article 103 – Role of States in enforcement of sentences of imprisonment

Article 104 – Change in designation of State of enforcement

Article 105 – Enforcement of the sentence

Article 106 – Supervision of enforcement of sentences and conditions of imprisonment

Article 107 – Transfer of the person upon completion of sentence

Article 108 – Limitation on the prosecution or punishment of other offences

Article 109 – Enforcement of fines and forfeiture measures

Article 110 – Review by the Court concerning reduction of sentence

Article 111 – Escape

Part 11. Assembly Of States Parties

Article 112 Assembly of States Parties

Part 12. Financing

Article 113 – Financial Regulations

Article 114 – Payment of expenses

Article 115 – Funds of the Court and of the Assembly of States Parties

Article 116 – Voluntary contributions

Article 117 – Assessment of contributions

Article 118 – Annual audit

Part 13. Final Clauses

Article 119 – Settlement of disputes

Article 120 – Reservations

Article 121 – Amendments

Article 122 – Amendments to provisions of an institutional nature

Article 123 – Review of the Statute

Article 124 – Transitional Provision

Article 125 – Signature, ratification, acceptance, approval or accession

Article 126 – Entry into force

Article 127 – Withdrawal

Article 128 – Authentic texts