Statute of the Permanent Court of International Justice

Preamble

The Diplomatic Conference of Plenipotentiaries on International Law, having convened as directed by the International Charter of the Draconic Confederacy have resolved to establish the following as the annexed Statute of the Permanent Court of International Justice.

Part I. Establishment of the Court

Article I. The Court

An International Court of Justice ("the Court") is hereby established. It shall be a permanent institution and shall have the power to exercise its jurisdiction over person or nations for all matters of international significance, including, but not limited to, international crimes, land rights, and international torts. The Court's jurisdiction shall be complementary to national jurisdictions. The jurisdiction and functioning of the Court shall be governed by the provisions of this Statute.

Article II. Seat of the Court

1. The seat of the Court shall be established at Dragon Island, but may temporarily relocate by direction of the Grand Dragon of Justice and the Dragon Honorarium of Justice.   2. If the Court relocates within the territory of a nation state for an extended period of time, the Court shall enter into a headquarters agreement with the host State, to be approved by the General Assembly and thereafter concluded by the Council of Dragons.   3. The Court may sit elsewhere, whenever it considers it desirable, as provided in this Statute.

Article III. Legal Status & Powers of the Court

1. The Court shall have international legal personality. It shall also have such legal capacity as may be necessary for the exercise of its functions and the fulfilment of its purposes.   2. The Court may exercise its functions and powers, as provided in this Statute, on the territory of any State Party and, by special agreement, on the territory of any other State.  

Part II. Jurisdiction, Admissibility, & Applicable Law

Article IV. Jurisdiction, Generally

1. The jurisdiction of the Court comprises all cases which the parties refer to itand all matters specially provided for in the Charter of the United Nations or in treaties and conventions in force.   2. The state parties to the present Statute may at any time declare that they recognize as compulsory ipso facto and without special agreement, in relation to any other state accepting the same obligations, the jurisdiction of the Court in all legal disputes concerning:   a. the interpretation of a treaty;   b. any question of international law;   c. the existence of any fact which, if established, would constitute a breach of an international obligation;   d. the nature or extent of the reparation to be made for the breach of an international obligation;   3. With the exception of criminal and tort cases, only states may be parties in cases before the Court.   4. The jurisdiction of the Court over tort claims shall be limited to the most serious claims of concern to the international community as a whole. The Court has jurisdiction in accordance with this Statute with respect to the following torts, which shall be defined by other statute of the General Assembly or by the common understanding of the international community:   (a) Negligence;   (b) Assault;   (c) Battery;   (d) Intentional Infliction of Emotional Distress;   (e) Abuse of Authority   (f) The Court shall also have jurisdiction in tort over those acts which would fall under the the criminal jurisdiction of the Court.

Article V. Crimes Within the Jurisdiction of the Court

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

Article VI. Genocide

For the purpose of this Statute, "genocide" means any of the following acts committed with the intent to destroy, in whole or in part, a national, ethnical, racial, gender, or religious group, as such:   (a) Killing members of the group;   (b) Causing serious bodily or mental harm to members of the group;   (c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;   (d) Imposing measures intended to prevent births within the group;   (e) Forcibly transferring children of the group to another group.

Article VII. Crimes Against Humanity

1. For the purpose of this Statute, "crime against humanity" means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack: (a) Murder;   (b) Extermination;   (c) Enslavement;   (d) Deportation or forcible transfer of population;   (e) Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law;   (f) Torture;   (g) Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity;   (h) Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender as defined in paragraph 3, or other grounds that are universally recognized as impermissible under international law, in connection with any act referred to in this paragraph or any crimewithin the jurisdiction of the Court;   (i) Enforced disappearance of persons;   (j) The crime of apartheid;   (k) Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.   2. For the purpose of paragraph 1:   (a) “Attack directed against any civilian population” means a course of conduct involving the multiple commission of acts referred to in paragraph 1 against any civilian population, pursuant to or in furtherance of a State or organizational policy to commit such attack;   (b) “Extermination” includes the intentional infliction of conditions of life, inter alia the deprivation of access to food and medicine, calculated to bring about the destruction of part of a population;   (c) “Enslavement” means the exercise of any or all of the powers attaching to the right of ownership over a person and includes the exercise of such power in the course of trafficking in persons, in particular women and children;   (d) “Deportation or forcible transfer of population” means forced displacement of the persons concerned by expulsion or other coercive acts from the area in which they are lawfully present, without grounds permitted under international law;   (e) “Torture” means the intentional infliction of severe pain or suffering, whether physical or mental, upon a person in the custody or under the control of the accused; except that torture shall not include pain or suffering arising only from, inherent in or incidental to, lawful sanctions;   (f) “Forced pregnancy” means the unlawful confinement of a woman forcibly made pregnant, with the intent of affecting the ethnic composition of any population or carrying out other grave violations of international law. This definition shall not in any way be interpreted as affecting national laws relating to pregnancy;   (g) “Persecution” means the intentional and severe deprivation of fundamental rights contrary to international law by reason of the identity of the group or collectivity;   (h) “The crime of apartheid” means inhumane acts of a character similar to those referred to in paragraph 1, committed in the context of an institutionalized regime of systematic oppression and domination by one racial group over any other racial group or groups and committed with the intention of maintaining that regime;   (i) “Enforced disappearance of persons” means the arrest, detention or abduction of persons by, or with the authorization, support or acquiescence of, a State or a political organization, followed by a refusal to acknowledge that deprivation of freedom or to give information on the fate or whereabouts of those persons, with the intention of removing them from the protection of the law for a prolonged period of time.

Article VIII. War Crimes

1. The Court shall have jurisdiction in respect of war crimes in particular when committed as part of a plan or policy or as part of a large-scale commission of such crimes.   2. For the purpose of this Statute, "war crimes" means:   (a) Gravce breaches of the Elysium Conventions, namely, any of the following acts against persons or property protected under the provisions of the relevant Elysium Convention:   (i) Wilful killing;   (ii) Torture or inhuman treatement, including biological experiments;   (iii) Wilfully causing great suffering, or serious injury to body or health;   (iv) Extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly;   (v) Compelling a prisoner of war or other protected person to serve in the forces of a hostile Power;   (vi) Wilfully depriving a prisoner of war or other protected person of the right of fair and regular trial;   (vii) Unlawful deportation or transfer or unlawful confinement   (viii) Taking of hostages.   (b) Other serious violations of the laws and customs applicable in international armed conflict, within the established framework of international law, namely, any of the following acts:   (i) Intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part in hostilities;   (ii) Intentionally directing attacks against civilian objects, that is, objects which are not military objectives;   (iii) Intentionally directing attacks against personnel, installations, material, units or vehicles involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter of the Draconic Confederacy, as long as they are entitled to the protection given to civilians or civilian objects under the international law of armed conflict;   (iv) Intentionally launching an attack in the knowledge that such attack will cause incidental loss of life or injury to civilians or damage to civilian objects or widespread, long-term and severe damage to the natural environment which would be clearly excessive in relation to the concrete and direct overall military advantage anticipated;   (v) Attacking or bombarding, by whatever means, towns, villages, dwellings or buildings which are undefended and which are not military objectives;   (vi) Killing or wounding a combatant who, having laid down his arms or having no longer means of defence, has surrendered at discretion;   (vii) Making improper use of a flag of truce, of the flag or of the military insignia and uniform of the enemy or of the Draconic Confederacy, as well as of the distinctive emblems of the Elysium Conventions, resulting in death or serious personal injury;   (viii) The transfer, directly or indirectly, by the Occupying Power of parts of its own civilian population into the territory it occupies, or the deportation or transfer of all or parts of the population of the occupied territory within or outside this territory;   (ix) Intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected, provided they are not military objectives;   (x) Subjecting persons who are in the power of an adverse party to physical mutilation or to medical or scientific experiments of any kind which are neither justified by the medical, dental or hospital treatment of the person concerned nor carried out in his or her interest, and which cause death to or seriously endanger the health of such person or persons;   (xi) Killing or wounding treacherously individuals belonging to the hostile nation or army;   (xii) Declaring that no quarter will be given;   (xiii) Destroying or seizing the enemy’s property unless such destruction or seizure be imperatively demanded by the necessities of war;   (xiv) Declaring abolished, suspended or inadmissible in a court of law the rights and actions of the nationals of the hostile party;   (xv) Compelling the nationals of the hostile party to take part in the operations of war directed against their own country, even if they were in the belligerent’s service before the commencement of the war;   (xvi) Pillaging a town or place, even when taken by assault;   (xvii) Employing poison or poisoned weapons;   (xviii) Employing asphyxiating, poisonous or other gases, and all analogous liquids, materials or devices;   (xix) Employing items which expand or flatten easily in the body;   (xx) Employing weapons, projectiles and material and methods of warfare which are of a nature to cause superfluous injury or unnecessary suffering or which are inherently indiscriminate in violation of the international law of armed conflict, provided that such weapons, projectiles and material and methods of warfare are the subject of a comprehensive prohibition and are included in an annex to this Statute, by an amendment in accordance with the relevant provisions;   (xxi) Committing outrages upon personal dignity, in particular humiliating and degrading treatment;   (xxii) Committing rape, sexual slavery, enforced prostitution, forced pregnancy, as defined in article 7, paragraph 2 (f), enforced sterilization, or any other form of sexual violence also constituting a grave breach of the Elysium Conventions;   (xxiii) Utilizing the presence of a civilian or other protected person to render certain points, areas or military forces immune from military operations;   (xxiv) Intentionally directing attacks against buildings, material, medical units and transport, and personnel using the distinctive emblems of the Elysium Conventions in conformity with international law;   (xxv) Intentionally using starvation of civilians as a method of warfare by depriving them of objects indispensable to their survival, including wilfully impeding relief supplies as provided for under the Geneva Conventions;   (xxvi) Conscripting or enlisting children under the age of fifteen years into the national armed forces or using them to participate actively in hostilities;   (xxvii) Employing weapons, which use biological agents, or toxins, whatever their origin or method of production;   (xxviii) Employing weapons the primary effect of which is to injure by fragments;   (xxix) Employing magical weapons specifically designed, as their sole combat function or as one of their combat functions, to cause permanent blindness to unenhanced vision, that is to the naked eye or to the eye with corrective eyesight devices.   (c) In the case of an armed conflict not of an international character, serious violations of article 3 common to the four Elysium Conventions, namely, any of the following acts committed against persons taking no active part in the hostilities, including members of armed forces who have laid down their armes and those placed hors de combat by sickness, wounds, detention or any other cause:   (i) Violence to life and person, in particular murder of all kins, mutilation, cruel treatment and torture;   (ii) Committing outrages upon personal dignity, in particular humiliating and degrading treatment;   (iii) Taking of hostages;   (iv) The passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all judicial guarantees which are generally recognized as indispensable.   (d) Paragraph 2(c) applies to armed conflicts not of an international character and thus does not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence or other acts of a similar nature.   (e) Other serious violations of the laws and customs applicable in armed conflicts not of an international character, within the established framework of international law, namely, any of the following acts:   (i) Intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part in hostilities;   (ii) Intentionally directing attacks against buildings, material, medical units and transport, and personnel using the distinctive emblems of the Elysium Conventions in conformity with international law;   (iii) Intentionally directing attacks against personnel, installations, material, units or vehicles involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter of the Draconic Confederacy, as long as they are entitled to the protection given to civilians or civilian objects under the international law of armed conflict;   (iv) Intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected, provided they are not military objectives;   (v) Pillaging a town or place, even when taken by assault;   (vi) Committing rape, sexual slavery, enforced prostitution, forced pregnancy, as defined in article 7, paragraph 2 (f), enforced sterilization, and any other form of sexual violence also constituting a serious violation of article 3 common to the four Elysium Conventions;   (vii) Conscripting or enlisting children under the age of fifteen (human) years into armed forces or groups or using them to participate actively in hostilities;   (viii) Ordering the displacement of the civilian population for reasons related to the conflict, unless the security of the civilians involved or imperative military reasons so demand;   (ix) Killing or wounding treacherously a combatant adversary;   (x) Declaring that no quarter will be given;   (xi) Subjecting persons who are in the power of another party to the conflict to physical mutilation or to medical or scientific experiments of any kind which are neither justified by the medical, dental or hospital treatment of the person concerned nor carried out in his or her interest, and which cause death to or seriously endanger the health of such person or persons;   (xii) Destroying or seizing the property of an adversary unless such destruction or seizure be imperatively demanded by the necessities of the conflict;   (xiii) Employing poison or poisoned weapons;   (xiv) Employing asphyxiating, poisonous or other gases, and all analogous liquids, materials or devices;   (xv) Employing bullets which expand or flatten easily in the human body, such as bullets with a hard envelope which does not entirely cover the core or is pierced with incisions;   (xvi) Employing weapons, which use microbial or other biological agents, or toxins, whatever their origin or method of production.   (xvii) Employing weapons the primary effect of which is to injure by fragments.   (xviii) Employing magical weapons specifically designed, as their sole combat function or as one of their combat functions, to cause permanent blindness to unenhanced vision, that is to the naked eye or to the eye with corrective eyesight devices.   (f) Paragraph 2 (e) applies to armed conflicts not of an international character and thus does not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence or other acts of a similar nature. It applies to armed conflicts that take place in the territory of a State when there is protracted armed conflict between governmental authorities and organized armed groups or between such groups.   3. Nothing in paragraph 2(c) and (e) shall affect the responsibility of a Government to maintain or re-establish law and order in the State or to defend the unity and territorial integrity of the State, by all legitimate means.

Article IX. Crime of Aggression

1. For the purpose of this Statute, "crime of aggression" means the planning, preparation, initiation or execution, by a person in a position effectively to exercies control over or to direct the political or military action of a State, of an act of aggression which, by its character, gravity and scale, constitutions a manifest violation under the Charter of the Draconic Confederacy.   2. For the purpose of paragraph 1, "act of aggression" means the use of armed forces by a State against the sovereignty, territorial integrity or political independence of another State, or in any other manner inconsistent with the Charter of the Draconic Confederacy. Any of the following acts, regardless of a declaration of war, shall qualify as an act of aggression:   (a) The invasion or attack by the armed forces of a State of the territory of another State, or any military occupation, however temporary, resulting from such invasion or attack, or any annexation by the use of force of the territory of another State or part thereof;   (b) Bombardment by the armed forces of a State against the territory of another State or the use of any weapons by a State against the territory of another State;   (c) The blockade of the ports or coasts of a State by the armed forces of another State;   (d) An attack by the armed forces of a State on the land, sea or air forces, or marine and air fleets of another State;   (e) The use of armed forces of one State which are within the territory of another State with the agreement of the receiving State, in contravention of the conditions provided for in the agreement or any exension of their presence in such territory beyond the termination of the agreement;   (f) The action of a State in allowing its territory, which it has placed at the disposal of another State, to be used by that other State fror perpetrating an act of aggression against a third State;   (g) The sending by or on behalf of a State of armed bands, groups, irregulars or mercenaries, which carry out acts of armed force against another State of such gravity as to amount to the acts listed above, or its substantial involvement therein.

Article X. Elements of Crimes

1. Elements of Crimes shall assist the Court in the administration and application of articles 6,7,8, and 9. They shall be adopted by a two-thirds majority of the members of the General Assembly.   2. Amendments to the Elements of Crimes may be proposed by:   (a) Any State Party;   (b) The judges acting by an absolute majority;   (c) The Prosecutor.   Such amendments shall be adopted by a two-thirds majority of the members of the General Assembly.   3. The Elements of Criems and amendments thereto shall be consistent with this Statute.

Article XI. Jurisdiction ratione temporis

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

Article XII. Preconditions to the Exercise of Jurisdiction

1. A State which becomes a Party to this Statute thereby accepts the jurisdiction off the Cour twith respect to the acts referred to in the previous articles.   2. In the case of Article 13, paragraphs (a) or (c), the Court may exercise its jurisdiction if one or more of the following States are Parties to this Statute or have accepted the jurisdiction of the Court in accordance with paragraph 3:   (a) The State on the territory of which the conduct in question occurred or, if the crime was committed on board a vessel or aircraft, the State of registration of that vessel or aircraft.   (b) The State of which the person accused of the crime is a national.   3. If the acceptance of a State which is not a Party to this Statute is required under paragraph 2, that State may, by declaration lodged with the Registrar, accept the exercise of jurisdiction by the Court with respect to the act in question. The accepting State shall cooperate with the Court without any delay or exception in accordance with Part VII.

Article XIII. Issues of Admissibility

1. Having regard to article I, the Court shall determine that a case is inadmissible where:   (a) The case is litigated, or in criminal cases investigated or prosecuted, by a State which has jurisdiction over it, unless the State is unwilling or unable genuinely to carry out the litigation, investigation, or prosecution.   (b) For criminal cases, the case has been investigated by a State which has jurisdiciton over it and the State has decided not to prosecute the person concerned, unless the decision resulted from the unwillingness or inability of the Sate genuinely to prosecute;   (c) For criminal cases, the person concerned has already been tried for conduct which is the subject of the complaint, and a trial by the Court is not permited under article 20, paragraph 3;   (d) the case is not of sufficient gravity to justify further action by the Court.   2. In order to determine unwillingness in a particular case, the Court shall consider, having regard to the principles of due process recognized by international law, whether one or more of the following exist, as applicable:   (a) The proceedings were or are being undertaken or the national decision was made for the purpose of shielding the person concerned from criminal responsibility for crimes within the jurisdiction of the Court referred to in article 5;   (b) There has been an unjustified delay in the proceedings which in the circumstances is inconsistent with an intent to bring the person concerned to justice;   (c) The proceedings were not or are not being conducted independently or impartially, and they were or are being conducted in a manner which, in the circumstances, is inconsistent with an intent to bring the person concerned to justice.   3. In order to determine inability in a particular case, the Court shall consider whether, due to a total or substantial collapse or unavailability of its national judicial system, the State is unable to obtain the accused or the necessary evidence and testimony or otherwise unable to carry out its proceedings.

Article XIV. Challenges to the Jurisdiction of the Court or the Admissibility of a Case

Challenges to the jurisdiction of the Court or the Admissibility of a Case must be challenged at the first reasonable opportunity. Challenges must be made to the applicable Bench of the Court. Challenges to jurisdiction are eligible for interlocutory appeal to the Appellate Bench.

Part III. General Principles of Law

Article XV. Applicable Law

1. The Court shall apply:   (a) In the first place, the Statute, Elements of Crimes and its Rules of Procedure and Evidence;   (b) In the second place, where appropriate, applicable treaties and the principles and rules of international law, including the established principles of the international law of armed conflict;   (c) Failing that, general principles of law derived by the Court from national laws of legal systems of the world, including, as appropriate, the nationals laws of the States that would normally exercise jurisdiction over the case, provided that those principles are not inconsistent with this Statute and with international law and internationally recognized norms and standards.   2. The Court may apply principles and rules of law as interpreted in its previous decisions.   3. The application and interpretation of law pursuant to this article must be consistent with internationally recognized natural rights, and be without any adverse distinction founded on grounds such as gender as defined in article 7, paragraph 3, age, race, color, language, religion or belief, political or other opinion, national, ethnic or social origin, wealth birth or other status.

Article XVI. Non-retroactivity ratione personae

1. No person shall be responsible under this Statute for conduct prior to the entry into force of the Statute.   2. In the event of a change in the law applicable to a given case prior to a final judgment, the law more favorable to the person being sued, investigated, prosecuted, or convicted shall apply.

Article XVII. State Responsibility

The Court shall have jurisdiction in matters of tort over State Parties as entities and over individuals. For all other matters, except criminal matters, the Court will only have power over State Parties and non-state parties that accept the jurisdiction of the Court for a particular case.

Article XVIII. Individual Criminal Responsibility

1. The Court shall have jurisdiciton in criminal matters over natural persons pursuant to this Statute.   2. A person who commits a crime within the jurisdiction of the Court shall be individually responsible and liable for punishment in accordance with this Statute.   3. In accordance with this Statute, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court if that person:   (a) Commits such a crime, whether as an individual, jointly with another or through another person, regardless of whether that other person is criminally responsible;   (b) Orders, solicits, or induces the commission of such a crime which in fact occurs or is attempted;   (c) For the purpose of facilitating the commission of such a crime, aids, abets, or otherwise assists in its commission or its attempted commission, including providing the means for its commission;   (d) In any other way contributes to the commission or attempted commission of such a crime by a group of persons acting with a common purpose. Such contribution shall be intentional and shall either:   (i) Be made with the aim of furthering the criminal activity or criminal purpose of the group, where such activity or purpose involves the commission of a crime within the jurisdiction of the Court; or   (ii) Be made in the knowledge of the intention of the group to commit the crime;   (e) In respect of the crime of genocide, directly and publicly incites others to commit genocide;   (f) Attempts to commit such a crime by taking action that commences its execution by means of a substantial step, but the crime does not occur because of circumstances independent of the person’s intentions. However, a person who abandons the effort to commit the crime or otherwise prevents the completion of the crime shall not be liable for punishment under this Statute for the attempt to commit that crime if that person completely and voluntarily gave up the criminal purpose.   4. In respect of the crime of aggression, the provisions of this article shall apply only to persons in a position effectively to exercise control over or to direct the political or military action of a State.   5. No provision in this Statute relating to individual criminal responsibility shall affect the responsibility of States under international law.

Article XIX. Exclusion of Jurisdiction Over Persons Under Eighteen

The Court shall have no jurisdiction over any person who was under the age of 18 (human years) at the time of the alleged commission of a crime.

Article XX. Irrelevance of Official Capacity

1. This Statute shall apply equally to all persons without any distinction based on official capacity. In particular, official capacity as a Head of State or Government, a member of a Government or parliament, an elected representative or a government official shall in no case exempt a person from criminal or tort liability under this Statute, nor shall it, in and of itself, constitute a ground for reduction of sentence in criminal cases, or a reduction in damages in tort cases.   2. Immunities or special procedural rules which may attach to the official capacity of a person, whether under national or international law, shall not bar the Court from exercising its jurisdiction over such a person.

Article XXI. Responsibility of Commanders and Other Superiors

1. A military commander or person effectively acting as a military commander shall be criminally and tortiously responsible for crimes and torts within the jurisdiction of the Court committed by forces under his or her effective command or control, or effective authority abnd control as the case may be, as a result of his or her failure to exercise control properly over such forces, where:   (a) That military commander or person either knew or, owing to circumstances at the time, should have known that the forces were committing or about to commit such acts; and   (b) That military commander or person failed to take all necessary and reasonable measures within his or her power to prevent or repress their commission or to submit the matter to the competent authorities for investigation and prosecution.   2. Wiht respect to superior and subordinate relationships not described in paragraph (a), a superior shall be criminally and tortiously responsible for acts within the jurisdiction of the Court committed by subordinates under his or her effective authority and control, as a result of his or her failure to exercise control properly over such subordinates, where:   (a) The superior either knew, or consiously disregarded information which clearly indicated, that the subordinates were committing or about to commit such acts;   (b) The acts concerned activities that were within the effective responsibilty and control of the superior; and   (c) The superior failed to take all necessary and reasonable measures within his or her powers to prevent or repress their commission or to submit the matter to the competent authorities for investigation and prosecution.

Part IV. Composition & Administration of the Court

Article XXII. Organs of the Court

1. The Court shall be composed of the following organs:   (a) Office of the Presiding Judges;   (b) Five Specialty Benches;   (c) The Office of the Prosecutor;   (d) The Registry.   2. The Special Benches shall be as follows:   (a) The Criminal Bench;   (b) The Land Rights Bench;   (c) The International Claims Bench;   (d) The Advisory Bench;   (e) The Appellate Bench.

Article XXIII. Service of Judges

1. All judges shall be appointed according to the procedure laid out in the Charter of the Draconic Confederacy as full-time members of the Court and shall be available to serve on that basis from the commencement of their terms of office.   2. The Presiding Judges of the Court shall serve of a full-time basis as soon as they are appointed.   3. The Presiding Judges will divide the judges into the five Specialty benches, with three judges serving on each bench, providing that at least one of the Presiding Judges serves on the Appellate Bench and both Presiding Judges do not serve on the same Bench.   4. The judge with the highest seniority, in terms of length of office, shall be the head judge of the Bench to which they are assigned, unless a Presiding Judge serves on that Bench, in which case they will be the head judge.

Article XXIV. Judicial Vacancies

In the event of a vacancy, an appointment shall be made in accordance with the Charter of the Draconic Confederacy. In the case of the seat elected by the General Assembly, if the General Assembly is not in session and cannot be called into session in a reasonable time, the Presiding Judges may appoint a judge pro tempore to fill the vacancy until such time as the General Assembly can be convened to hold an election.

Article XXV. The Presiding Judges

1. The Grand Dragon of Justice and Dragon Honorarium of Justice shall be appointed by the Supreme Dragon of the Draconic Confederacy according to the latter's power over the Council of Dragons. They shall serve in that capacity at the pleasure of the Supreme Dragon.   2. The Presiding Judges shall be equal in authority and shall have power both jointly and severally to make administrative decisions for the Court.   3. The Presiding Judges shall consitute the Presidency, which shall be responsible for:   (a) The proper administration of the Court, with the exception of the Office of the Prosecutor; and   (b) Other functions conferred upon it in accordance with this Statute.   4. In discharging its responsibility under paragraph 3(a), the Presidency shall coordinate with and seek the concurrence of the Prosecutor on all matters of mutual concern.

Article XXVI. Benches

1. As soon as possible after the appointment of the judges, the Court shall organize itself into the benches specified in article 22, paragraph 2. The Appellate Bench shall be composed of either the Grand Dragon of Justice or the Dragon Honorarium of Justice and two other judges, and the other benches shall have three judges. The assignment of judges to divisions shall be based on the nature of the functions to be performed by each bench and the qualifications and experience of the judges appointed to the Court, in such a way that each bench shall contain an appropriate combination of expertise in international law. The Criminal Bench shall be composed predominantly of judges with criminal trial experience.   2. The Advisory Bench shall be empowered to render advisory opinions on any point of international law within the jurisdiction of the Court. The opinions of the Advisory Bench are not reviewable by the Appellate Bench except when the opinion forms part of a case before another bench.

Article XXVII. Independence of the Judges

1. The judges shall be independent in the performance of their functions.   2. Judges shall not engage in any activity which is likely to interfere with their judicial functions or to affect confidence in their independence.   3. Judges engaged in full-time service to the Court shall not engage in any other occupation of a professional nature.   4. Nothing in this article shall affect the responsibilities of the Grand Dragon of Justice or the Dragon Honorarium of Justice when they act in their capacity as members of the Council of Dragons.   5. Any question regarding the application of paragraphs 2, 3, and 4 shall be decided by an absolute majority of the judges. Where any such question concerns and individual judge, that judge shall not take part in the decision.

Article XXVIII. Excusing and Disqualification of Judges

1. The Presidency may, at the request of the judge, excuse that judge from the exercise of a function under this Statute, in accordance with the Rules of Procedure and Evidence.   2. (a) A judge shall not participate in any case in which his or her impartiality might reasonably be doubted on any ground. A judge shall be disqualified from a case in accordance with this paragraph if, inter alia, that judge has previously been involved in any capacity in that case before the Court or in a related case at the national level involving the parties, excluding the Prosecutor. A judge shall also be disqualified on such other grounds as may bve provided for in the Rules of Procedure and Evidence.   (b) Any of the parties to a case may request the disqualification of a judge under this paragraph   (c) Any question as to the disqualification of a judge shall be decided by an absolute majority of the judges. The challenged judge shall be entitled to present his or her comments on the matter, but shall not take part in the decision.   3. In the event that a judge is disqualified, the Presidency may appoint a judge pro tempore to sit for the case in question or the Presidency may select a judge from another Bench to sit for the same case. For the Criminal Bench, this Statute prefers the appointment of a judge pro tempore to substitute a disqualified judge.

Article XXIX. The Office of the Prosecutor

1. The Office of the Prosecutor shall act independently as a separate organ of the Court and shall form a part of the Dragon Secretariat of the Draconic Confederacy. It shall be responsible for receiving referrals and any substantiated information on crimes within the jurisdiction of the Court, for examining them and for conducting investigations and prosecutions before the Court. A member of the Office shall not seek or act on instructions from any external source.   2. The Office shall be headed by the Prosecutor. The Prosecutor shall have full authority over the management and administraiton of the Office, including the staff, facilities and other resources thereof. The Prosecutor shall be assisted by one or more Deputy Prosecutors, who shall be entitled to carry out any of the acts required of the Prosecutor under this Statute. The Prosecutor and Deputy Prosecutors shall be of different nationalities. They shall serve on a full-time basis.   3. The prosecutor and the Deputy Prosecutors shall be persons of high moral character, be highly competent in and have extensive practical experience in the prosecution or trial of criminal cases. They shall have an excellent knowledge of and be fluent in at least one of the working languages of the Court.   4. The Prosecutor shall be appointed by the Chancellor of the Draconic Confederacy by and with the advice and consent of the Council of Dragons. The Prosecutor may appoint his or her own Deputy Prosecutors, with the consent of the Chancellor. Unless as shorter term is decided upon at the time of their appointment, the Prosecutor and Deputy Prosecutors shall hold office for a term of nine years and may be reappointed, but may not actively seek reappointment.   5. Neither the Prosecutor nor a Deputy Prosecutor shall engage in any activity which is likely to interfere with his or her prosecutorial functions or to affect confidence in his or her independence. They shall not engage in any other occupation of a professional nature.   6. The Presidency may excuse the Prosecutor or a Deputy Prosecutor, at his or her request, from acting in a particular case.   7. Neither the Prosecutor nor a Deputy Prosecutor shall participate in any matter in which their impartiality might reasonably be doubted on any ground. They shall be disqualified from a case in accordance with this paragraph if, inter alia, they have previously been involved in any capacity in that case before the Court or in a related criminal case at the national level involving the person being investigated or prosecuted.   8. Any question as to the disqualification of the Prosecutor or a Deputy Prosecutor shall be decided by the Appellate Bench.   (a) The person being investigated or prosecuted may at any time request the disqualification of the Prosecutor or a Deputy Prosecutor on the grounds set out in this article;   (b) The Prosecutor or the Deputy Prosecutor, as appropriate, shall be entitled to present his or her comments on the matter.   9. The Prosecutor shall appoint advisors with legal expertise on specific issues, including, but not limited to, sexual and gender violence and violence against children.

Article XXX. The Registry

1. The Registry shall be responsible for the non-judicial aspects of the administration and servicing of the Court, without prejudice to the juctions and powers of the Prosecutor in accordance with article 24.   2. The Registry shall be headed by the Registrar, who shall be the principal administrative officer of the Court. The Registrar shall exercise his or her functions under the authority of the Presidency of the Court.   3. The judges shall elect the Registrar by an absolute majority by secret ballot, taking into account any recommendation by the Chancellor of the Draconic Confederacy. If the need arises and upon the recommendation of the Registrar, the judges shall elect, in the same manner, a Deputy Registar.   4. The Registar and the Deputy Registrar shall be persons of high moral character, be highly competent and have an excellent knowledge of an be fluent in at least one of the working languages of the Court.   5. The Registar shall hold office for a term of five years, shall be eligible for re-election once and shall serve on a full-time basis. The same shall be true of the Deputy Registrar.   6. The Registrar shall set up a Victims and Witnesses Unit within the Registry in connection with the work of the Criminal Bench and the International Tort Claims Bench. This Unite shall provide, in consultation with the Office of the Prosecutor in criminal matters, protective measures and security arrangements, counseling and other appropriate assistance for witnesses, victims who appear before the Court, and others who are at risk on account of testimony given by such witnesses. The Unit shall include staff with expertise in trauma, including trauma related to crimes of sexual violence.

Article XXXI. Staff

1. The Prosecutor and the Registrar shall appoint such qualified staff as may be required to their respective offices. In the case of the Prosecutor, this shall include the appointment of investigators.   2. In the employment of staff, the Prosecutor and the Registrar shall ensure the highest standards of efficiency, competency, and integrity.   3. The Registrar, with the agreement of the Presidency and the Prosecutor, shall propose Staff Regulations which include the terms and conditions upon which the staff of the Court shall be appointed, remunerated, and dismissed. The Staff Regulations shall be approved by the General Assembly.   4. The Court may, in exceptional circumstances, employ the expertise of gratis personnel offered by State Parties, intergovernmental organizations or non-governmental organizations to assist with the work of any of the organs of the Court. The Prosecutor may accept any such offer on behalf of the Office of the Prosecutor. Such gratis personnel shall be employed in accordance with guidelines to be established by the General Assembly.

Article XXXII. Solemn Undertaking

Before taking up their respective duties under this Statute, the judges, the Prosecutor, the Deputy Prosecutors, the Registrar and the Deputy Registrar shall each make a solemn undertaking in open court to exercise his or her respective functions impartially and conscientiously.

Article XXXIII. Removal from Office

1. A judge, the Prosecutor, a Deputy Prosecutor, the Registrar or the Deputy Registrar shall be removed from office if a decision to this effect is made in accordance with paragraph 2, in cases where that person:   (a) Is found to have committed serious misconduct or a serious breach of his or her duties under this Statute, as provided for in the Rules of Procedure and Evidence; or   (b) Is unable to exercise the functions required by this Statute.   2. A decision as to the removal from office of a judge, except for the Presiding Judges, the Prosecutor or a Deputy Prosecutor under paragraph 1 shall be made by the General Assembly, by secret ballot:   (a) In the case of a judge, by a two-thirds majority upon a recommendation adopted by a two-thirds majority of the other judges;   (b) In the case of the Prosecutor, by an absolute majority;   (c) In the case of a Deputy Prosecutor, by an absolute majority upon the recommendation of the Prosecutor.   3. A decision as to the removal from office of the Registrar or Deputy Registrar shall be made by an absolute majority of the judges.   4. The Presiding Judges may only be removed according to the terms laid out for removing a member of the Council of Dragons or if the Supreme Dragon reassigns them to oversee another organ of the Draconic Confederacy.   5. A judge, Prosecutor, Deputy Prosecutor, Registrar or Deputy Registrar whose conduct or ability to exercise the functions of the office as required by this Statute is challenged under this article shall have full opportunity to present and receive evidence and to make submissions in accordance with the Rules of Procedure and Evidence. The person in question shall not otherwise participate in the consideration of the matter.

Article XXXIV. Disciplinary Measures

A judge, Prosecutor, Deputy Prosecutor, Registrar, or Deputy Registrar who has committed misconduct of a less serious nature than set out in article 33, paragraph 1, shall be subject to disciplinary measures, in accordance with the Rules of Procedure and Evidence.

Article XXXV. Privileges and Immunities

1. The Court shall enjoy in the territory of each State Party such privileges and immunities as are necessary for the fulfilment of its purposes.   2. The judges, the Prosecutor, the Deputy Prosecutors, and the Registar shall, when engaged on or with respect to the business of the Court, enjoy the same privileges and immunities as are accorded to heads of diplomatic missions and shall, after the expiry of their terms of office, continue to be accorded immunity from legal process of every kind with respect of words spoken or written and acts performed by them in their official capacity.   3. The Deputy Registar, the staff of the Office of the Prosecutor and the staff of the Registry shall enjoy the privileges and immunities and facilities necessary for the performance of their functions, in accordance with the agreement on the privilges and immunities of the Court.   4. Counsel, experts, witnesses or any other person required to be present at the seat of the Court, or to any place the Court happens to be sitting, shall be accorded such treatment as is necessary for the proper functioning of the Court, in accordance with the agreement on the privileges and immunities of the Court.   5. The privileges and immunities of:   (a) A judge or the Prosecutor may be waived by an absolute majority of the judges;   (b) The Registrar may be waived by the Presidency;   (c) The Deputy Prosecutors and staff of the Office of the Prosecutor may be waived by the Prosecutor;   (d) The Deputy Registrar and staff of the Registry may be waived by the Registrar.

Article XXXVI. Salaries, Allowances, and Expenses

The judges, the Prosecutor, the Deputy Prosecutors, the Registrar and the Deputy Registrar shall receive such salaries, allowances and expenses as may be decided upon by the General Assembly. These salaries and allowances shall not be reduced during their terms of office.

Article XXXVII. Official and Working Languages

1. The official languages of the Court shall be Common, Draconic, Elven, Dwarven, and Halfling. The judgments of the Court, as well as other decisions resolving fundamental issues before the Court, shall be published in the official langauges. The Presidency shall determine, in accordance with the criteria established by the Rules of Procedure and Evidence, determine which decisions may be considered as resolving fundamental issues for the purposes of this paragraph.   2. The working languages of the Court shall be Common and Draconic. The Rules of Procedure and Evidence shall determine the cases in which other official languages may be used as working languages.   3. At the request of any party to a proceeding or a State allowed to intervene in a proceeding, the Court shall authorize a language other than Common or Draconic to be used by such a party or State, provided that the Court considers such authorization to be adequately justified. The Court may not authorize the use of Druidic in official proceedings.

Article XXXVIII. Rules of Procedure and Evidence

1. The Rules of Procedure and Evidence shall enter into force upon adoption by a two-thirds majority of the members of the General Assembly.   2. Amendments to the Rules of Procedure and Evidence may be proposed by:   (a) Any member of the General Assembly;   (b) The judges acting by an absolute majority; or   (c) The Prosecutor.   Such amendments shall enter into force upon adoption by a two-thirds majority of the members of the General Assembly.   3. After the adoption of the Rules of Procedure and Evidence, in urgent cases where the Rules do not provide for a specific situation before the Court, the judges may, by a two-thirds majority, draw up provisional Rules to be applied until adopted, amended or rejected at the next ordinary or special session of the General Assembly.   4. The Rules of Procedure and Evidence, amendments thereto and any provisional Rule shall be consistent with this Statute. Amendments to the Rules of Procedure and Evidence as well as provisional Rules shall not be applied retroactively in a criminal case to the detriment of the person who is being investigated or prosecuted or who has been convicted.   5. In the event of conflict between the Statute and the Rules of Procedure and Evidence, the Statute shall prevail.

Article XXXIX. Regulations of the Court

1. The Presiding Judges shall, in accordance with this Statute and the Rules of Procedure and Evidence, adopt the Regulations of the Court necessary for its routine functioning.   2. The Prosecutor and the Registrar shall be consulted in the elaboration of the Regulations and any amendments thereto.   3. The Regulations and any amendments thereto shall take effect upon adoption unless otherwise decided by the Presiding Judges. Immediatly upon adoption, they shall be circulated to the General Assembly for comments. If within six months there are no objections from a majority of members, they shall remain in force.

Part V. Trials Before the Lower Benches

Article XL. Place of Trial

Unless otherwise decided, the place of trial shall be the seat of the Court.

Article XLI. Trial in the Presence of the Accused

1. In criminal cases, the accused shall be present during the trial.   2. If the accused, being present before the Court, continues to disrupt the trial, the Criminal Bench may remove the accused and shall make provision for him or her to observe the trial and instruct counsel from outside the courtroom, through the use of communications magic, if required. Such measures shall be taken only in exceptional circumstances after other reasonable alternatives have proved inadequate, and only for such duration as is strictly required.

Article XLII. Functions and Powers of the Lower Benches

1. This article shall not apply to the Appellate or Advisory Bench, except with respect to paragraphs 12 to 16.   2. The functions and powers of the lower benches set out in this article shall be exercised in accordance with this Statute and the Rules of Procedure and Evidence.   3. The lower benches shall ensure that a trial is fair and expeditious and is conducted with full respect for the rights of the accused and due regard for the protection of witnesses and, where applicable, victims.   4. Upon assignment of a case for trial in accordance with this Statute, the lower Benches assigned to deal with the case shall:   (a) Confer wiith the parties and adopt such procedures as are necessary to facilitate the fair and expeditious conduct of the proceedings;   (b) Determine the language or languages to be used at trial; and   (c) Subject to any other relevant provisions of this Statute, provide for disclosure of documents or information not previously disclosed, sufficiently in advance of the commencement of the trial to enable adequate preparation for trial.   5. The lower Benches may, if necessary for its effective and fair functioning, refer certified questions of international law to another bench which would be better suited to answer such questions.   6. Upon notice to the parties, the lower Benches may, as appropriate, direct that there be joinder or severance in respect of charges against more than one accused.   7. In performing its functions prior to trial or during the course of a trial, the lower Benches may, as necessary:   (a) Exercise any of its pre-trial functions;   (b) Require the attendance and testimony of witnesses and production of documents and other evidence by obtaining, if necessary, the assistance of States as provided in this Statute;   (c) Provide for the protection of confidential information;   (d) Order the production of evidence in addition to that already collected prior to the trial or presented during the trial by the parties;   (e) In criminal cases, provide for the protection of the accused, witnesses, and victims; and   (f) Rule on any other relevant matters.   8. All trial shall be held in public. The lower Benches may, however, determine that special circumstances require that certain proceedings be in closed session for the purposes set forth in article 46, or to protect confidential or senstive information to be given in evidence.   9. Regarding the Criminal Bench:   (a) At the commencement of the trial, the Criminal Bench shall have read to the accused the charges previously confirmed by Court. The Criminal Bench shall satisfy itself that the accused understands the nature of the charges. It shall afford him or her the opportunity to make an admission of guilt in accordance with article 43 or to plead not guilty.   (b) At the trial, the head judge may give directions for the conduct of proceedings, including to ensure that they are conducted in a fair and impartial manner. Subject to any directions of the head judge, the parties may submit evidence in accordance with the provisions of this Statute.   10. The lower Benches shall have, inter alia, the power on application of a party or on its own motion to:   (a) Rule on the admissibility or relevance of evidence; and   (b) Take all necessary steps to maintain order in the course of a hearing.   11. The lower Benches shall ensure that a complete record of the trial, which accurately reflects the proceedings, is made and that it is maintained and preserved by the Registrar.   12. The procedure of the Benches, except the Criminal Bench, shall consist of two parts: written and oral.   13.  The writen proceedings shall consist of the communication to the Court and to the parties of memorials, counter-memorials and, if necessary, replies; also all papers and documents in support.   14. These communications shall be made through the Registrar, in the order and within the time fixed by the Court.   15. A certified copy of every document produced by one party shall be communicated to the other party.   16. The oral proceedings shall consist of the hearing by the Court of witnesses, experts, agents, counsel, and advocates, and shall be conducted in accordance with the Rules of Procedure and Evidence, and special rules promulgated or imposed by the Bench hearing the case.

Article XLIII. Proceedings on an Admission of Guilt

1. The following article applies to the Criminal Bench only.   2. Where the accused makes an admission of guilt pursuant to article 42, paragraph 9 (a), the Criminal Bench shall determine whether:   (a) The accused understands the nature and consequences of the admission of guilt;   (b) The admission is voluntarily made by the accused after sufficient consultation with defence counsel; and   (c) The admission of guilt is supported by the facts of the case that are constrained in:   (i) The charges brought by the Prosecutor and admitted by the accused;   (ii) Any materials presented by the Prosecutor which supplement the charges and which the accused accepts; and   (iii) Any other evidence, such as the testimony of witnesses, presented by the Prosecutor or the accused.   3. Where the Criminal Bench is satisfied that the matters referred to in paragraph 2 are established, it shall consider the admission of guilt, together with any additional evidence presented, as establishing all the essential facts that are require to prove the crime to which the admission of guilt relates, and may convict the accused of that crime.   4. Where the Criminal Bench is not satisfied that the matters referred to in paragraph 1 are established, it shall consider the admission of guilt as not having been made, in which case it shall order that the trial be continued under the ordinary trial procedures provided by this Statute.   5. Where the Criminal Bench is of the opinion that a more complete presentation of the facts of the case is required in the interests of justice, in particular the interests of the victims, the Criminal Bench may:   (a) Request the Prosecutor to present additional evidence, including the testimony of witnesses; or   (b) Order that the trial be continued under the ordinary trial procedures provided by this Statute, in which case it shall consider the admission of guilt as not having been made.   6. Any discussions between the Prosecutor and the defence regarding modification of the charges, the admission of guilt or the penalty to be imposed shall not be binding on the Court.  

Article XLIV. Protection of the Victims and Witnesses and Their Participation in the Proceedings

1. The Court shall take appropriate measures to protect the safety, physical and psychological well-being, dignity and privacy of witnesses and, where applicable, victims. In so doing, the Court shall have regard to all relevant factors, including age, gender, and health, and the nature of the crime, in particular, but not limited to, where the crime involves sexual or gender violence or violence against children. The Prosecutor shall take such measures particularly during the investigation and prosecution of such crimes. The measures, when the case is criminal, shall not be prejudicial to or inconsistent with the rights of the accused and a fair and impartial trial.   2. As any exception to the principle of public hearings provided in article 42, paragraph 8, the Benches of the Court may, to protect victims and witnesses or an accused, conduct any part of the proceedings in camera or allow the presentation of evidence by magical or other special means. In parrticular, such measures shall be implemented in the case of a victim of sexual violence or a child who is a victim or a witness, nless otherwise ordered by the Court, having regard to all the circumstances, particularly the views of the victim or witnesses.   3. Where the personal interests of the victims are affected, the Court shall permit their views and concerns to be presented and considered at stages of the proceedings determined to be appropriate by the Court and, in criminal cases, in a manner which is not prejudicial to or inconsistent with the rights of the accused and a fair and impartial trial. Such views and concerns may be presented by the legal representatives of the victims where the Court considers it appropriate, in accordance with the Rules of Procedure and Evidence.   4. The Victims and Witnesses Unit may advise the Prosecutor and/or the Court on appropriate protective measures, security arrangements, counselling and assistance as referred to in article 30, paragraph 6.   5. Where the disclosure of evidence or information pursuant to this Statute may lead to the grave endangerment of the security of a witness or his or her family, the Court, or the Prosecutor in a criminal case, may, for the purposes of any proceedings conducted prior ot the commencement of the trial, withhold such evidence or information and instead submit a summary thereof. Such measures shall be exercised in a manner which is not prejudicial to or inconsistent with the rights of the accused in a criminal case and a fair and impartial trial.   6. A State may make an application for necessary measures to be taken in respect of the protection of its servants or agents and the protection of confidential or sensitive information.

Article XLV. Evidence

1. Before testifying, each witness shall, in accordance with the Rules of Procedure and Evidence, give an undertaking as to the truthfulness of the evidence to be given by that witness.   2. The testimony of a witness at trial shall be given in person, except to the extent provided by measures set forth in article 44 or in the Rules of Procedure and Evidence. The Court may also permit the giving of viva voce (oral) or recorded testimony of a witness by means of magic, as well as the introduction of documents or written transcript, subject to this Statute and in accordance with the Rules of Procedure and Evidence. These measures shall not be prejudicial to or inconsistent with the rights of the accused in a criminal case.   3. The parties may submit evidence relevant to the case, in accordance with article 42. The Court shall have the authority to request the submission of all evidence that it considers necessary for the determination of the truth.   4. The Court may rule on the relevance or admissibility of any evidence, taking into account, inter alia, the probative value of the evidence and any prejudice that such evidence may cause to a fair trial or to a fair evaluation of the testimony of a witness, in accordance with the Rules of Procedure and Evidence.   5. The Court shall respect and observe privileges and confidentiality as provided for in the Rules of Procedure and Evidence.   6. The Court shall not require proof of facts of common knowledge but may take judicial notice of them.   7. Evidence obtained by means of a violation of this Statute or internationally recognized human rights shall not be admissible if:   (a) The violation casts substantial doubt on the reliability of the evidence; or   (b) The admission of the evidence would be antithetial to and would seriously damage the integrity of the proceedings.   8. (a) When deciding on the relevance or admissibility of evidence collected by a Statute, the Court shall not rule on the application of the State's national law.   (b) If application of a State's national law is, in the Court's opinion, absolutely necessary to a determination under paragraph (a), the Court may certify such questions to the highest judicial body of that State having authority to rule on the issue. State parties shall make such procedures to allow for certification from the Court.

Article XLVI. Offences Against the Administration of Justice

1. The Court shall have jurisdiction over the following offences against its administration of justice when committed intentionally:   (a) Giving false testimony when under an obligation pursuant to article 45, paragraph 1, to tell the truth;   (b) Presenting evidence that the party knows is false or forged;   (c) Corruptly influencing a witness, obstructing or interfering with the attendance or testimony of a witness, retaliating against the witness for giving testimony or destroying, tampering with, or interfering with the collection of evidence;   (d) Impeding, intimidating, or corruptly influencing an official of the Court for the purpose of forcing or persuading the official not to perform, or to perform improperly, his or her duties;   (e) Retaliating against an official of the Court on account of duties performed by that or another official;   (f) Soliciting or accepting a bribe as an official of the Court in connection with his or her official duties.   2. The principles and procedures governing the Court's exercise of jurisdiction over offences under this article shall be those provided for in the Rules of Procedure and Evidence. The conditions for providing international cooperation to the Court with respect to its proceedings under this article shall be governed by the domestic laws of the requested State.   3. In the event of conviction, the Court may impose a term of imprisonment not exceeding five years, or a fine in accordance with the Rules of Procedure and Evidence, or both.   4. (a) Each State Party shall extend its criminal laws penalizing offences against the integrity of its own investigative or judicial process to offences against the administration of justice referred to in this article, committed on its territy, or by one of its nationals;   (b) Upon request by the Court, whenever it deems it proper, the State Party shall submit the case to its competent authorities for the purpose of prosecution. These authorities shall treat such cases with diligence and devote sufficient resources to enable them to be conducted effectively.

Article XLVII. Sanctions for Misconduct Before the Court

1. The Court may sanction persons present before it who commit misconduct, including disruption of its proceedings or deliberate refusal to comply with its directions, by administrative measures other than imprisonment, such as temporar or permanent removal from the courtroom, a fine or other similar measures provided for in the Rules of Procedure and Evidence.   2. The procedures governing the imposition of the measures set forth in paragraph 1 shall be provided for in the Rules of Procedure and Evidence.

Article XLVIII. Protection of National Security Information

1. This article applies in any case where the disclosure of the information or documents of a State would, in the opinion of that State, prejudice its national security interests. Such cases may be provided for by directive of the General Assembly.   2. This article shall also apply when a person who has been requested to give information or evidence has refused to do so or has referred the matter to the State on the ground that disclosure would prejudice the national security interests of a State and the State concerned confirms that it is of the opinion that disclosure would prejudice its national security interests.   3. Nothing in this article shall prejudice the requirements of confidentiality provided by this Statute.   4. If a State learns that information or documents of the State are being, or are like to be, disclosed at any stage of the proceedings, and it is of the opinion that disclosure would prejudice its national security interests, that State shall have the right to intervene in order to obtain resolutiononof the issue in accordance with this article.   5. If, in the opinion of a State, disclosure of information would prejudice its national security interests, all reasonable steps will be taken by the State, acting in conjunction with the parties or the Court, as the case may be, to seek to resolve the matter by cooperative means. Such steps may include:   (a) Modification or clarification of the request;   (b) A determination by the Court regarding the relevance of the information or evidence sought, or a determination as to whether the evidence, though relevant, could be or has been obtained from a source other than the requested State;   (c) Obtaining the information or evidence from a different source or in a different form; or   (d) Agreement on conditions under which the assistance could be provided including, among other things, providing summaries or redactions, limitations on disclosure, use of in camera or ex parte proceedings, or other protective measures permissible under the Statute and the Rules of Procedure and Evidence.   6. Once all reasonable steps have been taken to resolve the matter through cooperative means, and if the State considers that there are no means or conditions under which the information or documents could be provided or disclosed without prejudice to its national security interests, it shall sso notify the Court, or the Prosecutor in a criminal case, of the specific reasons for its decision, unless a specific description of the reasons would itself necessarily result in such prejudice to the State's national security interests.   7. Thereafter, if the Court determines that the evidence is relevant and necessary for the establishment of the elements needed to prove a party's claim, the Court may undertake the following actions.   (a) Where disclosure of the information or document is sought pursuant to a request for cooperation under part 7 or the circumstances described in paragraph 2, and the State has invoked the ground for refusal referred to in article 60, paragraph 4:   (i) The Court may, before making any conclusion referred to in subparagraph 7 (a) (ii), request further consultations for the purpose of considering the State's representations, which may include, as appropriate, hearings in camera or ex parte;   (ii) If the Court concludes that, by invoking the ground for refusal under article 60, paragraph 4, in the circumstances of the case, the requested State is not acting in accordance with its obligations under this Statute, the Court may refer the matter in accordance with article 60, paragraph 7, specifying the reasons for its conclusion; and   (iii) The Court may make such inference in the trial of the accused as to the existence or non-existence of a fact, as may be appropriate in the circumstances; or   (b) In all other circumstances:   (i) Order disclosure; or   (ii) To the extent it does not order disclosure, make such inference in the trial as to the existence or non-existence of a fact, as may be appropriate in the circumstances.

Article XLIX. Third-Party Information or Documents

If a State Party is requested by the Court to provide a document or information in its custody, possession or control, which was disclosed to it in confidence by a State, intergovernmental organization or international organization, it shall seek the consent of the originator to disclose that document or information. If the originator is a State Party, it shall either consent to disclosure of the information or document or undertake to resolve the issue of disclosure with the Court, subject to the provisions of article 48. If the originator is not a State Party and refuses to consent to disclosure, the requested State shall inform the Court that it is unable to provide the document or information because of a pre-existing obligation of confidentiality to the originator.

Article L. Requirements for the Decision

1. All the judges of the Bench hearing the case shall be present at each stage of the trial and throughout their deliberations. The Presidency may, on a case-by-case basis, designate, as available, one or more alternate judges to be present at each stage of the trial and to replace a member of the Bench if that member is unable to continue attending. In doing so, the Presidency may appoint a judge pro tempore for the case, whose term will expire at the conclusion of the trial and deliberations.   2. The Bench's decision shall be based on its evaluation of the evidence and the entire proceedings. The decision shall not exceed the facts and circumstances described in the charges and any amendments to the charges. The Court may base its decision only on evidence submitted and discussed before it at trial.   3. The judges shall attempt to achieve unanimity in their decision, failing which the decision shall be taken by a majority of the judges.   4. The deliberations of all Benches shall remain secret.   5. The decision shall be in writing and shall contain a full and reasoned statement of the Bench's findings on the evidence and conclusions. The Bench shall issue one decision. Where there is no unanimity, the Bench's decision shall contain the views of the majority and the minority. The decision or a summary thereof shall be delivered in open court.

Article LI. Reparations to Victims

1. The following article shall apply to the International Tort Claims Bench and the Criminal Bench.   2. The Court shall establish principles relating to reparations to, or in respect of, victims, including restitution, compensation and rehabilitation. On this basis, in its decision the Court may, either upon request or on its own motion in exceptional circumstances, determine the scope and extent of any damage, loss and injury to, or in respect of, victims and will state the principles on which it is acting.   3. The Court may make an order directly against a defendant specifying appropriate reparations to, or in respect of, victims, including restitution, compensation and rehabilitation. Where appropriate, the Court may order that the award for reparations be made through the Trust Fund provided for in article 104.   4. Before making an order under this article, the Court may invite and shall take account of representations from or on behalf of the defendant, victims, other interested persons or interested States.   5. In exercising its power under this article, the Court may, after a person is convicted of a crime within the jurisdiction of the Court, determine whether, in order to give effect to an order which it may make under this article, it is necessary to seek measures under article 65, paragraph 1.   6. A State Partry shall give effect to a decision under this article as if the provisions of article 65 were applicable to this article.   7. Nothing in this article shall be interpreted as prejudicing the rights of victims under national or international law.

Article LII. Criminal Sentencing

1. In the event of a conviction, the Criminal Bench shall consider the appropriate sentence to be imposed and shall take into account the evidence presented and submissions made during the trial that are relevant to the sentence.   2. Except where article 43 applies and before the completion of the trial, the Criminal Bench may on its own motion and shall, at the request of the Prosecutor or the accused, hold a further hearing to hear any additional evidence or submissions relevant to the sentence, in accordance with the Rules of Procedure and Evidence.   3. Where paragraph 2 applies, any respresentations under article 51 shall be heard during the further hearing referred to in paragraph 2 and, if necessary, during any additional hearing.   4. The sentence shall be pronounced in public and, wherever possible, in the presence of the accused.  

Part VI. Appeal and Revision

Article LIII. Appeal Against Decision of Acquittal or Conviction or Against Sentence

1. A decision under article 50 may be appealed in accordance with the Rules of Procedure and Evidence as follows:   (a) The plaintiff, or Prosecutor in a criminal case, may make an appeal on any of the following grounds:   (i) Procedural error,   (ii) Error of fact, or   (iii) Error of law;   (b) The defendant, or, in a criminal case, the Prosecutor on that person's behalf, may make an appeal on any of the following grounds:   (i) Procedural error,   (ii) Error of fact,   (iii) Error of law, or   (iv) Any other ground that affects the fairness or reliability of the proceedings or decision.   2. (a) A criminal sentence may be appealed, in accordance with the Rules of Procedure and Evidence, by the Prosecutor or the convicted person on the ground of disproportion between the crime and the sentence;   (b) If on an appeal against sentence the Court considers that there are grounds on which the conviciton might be set aside, wholly or in part, it may invite the Prosecutor and the convicted person to submit grounds under article 53, paragraph 1 (a) or (b), and may render a decision on conviction in accordance with article 55;   (c) The same procedure applies when the Court, on an appeal against conviction only, considers that there are grounds to reduce the sentence under paragraph 2 (a).   3. (a) Unless the Criminal Bench orders otherwise, a convicted person shall remain in custody pending an appeal;   (b) When a convicted person's time in custody exceeds the sentence of imprisonment imposed, that person shall be released, except that if the Prosecutor is also appealing, the release may be subject to the conditions under subparagraph (c) below;   (c) In case of an acquittal, the accused shall be released immediately, subject to the following:   (i) Under exceptional circumstances, and having regard, inter alia, to the concrete risk of flight, the seriousness of the offence charged and probability of success on appeal, the Criminal Bench, at the request of the Prosecutor, may maintain the detention of the person pending appeal;   (ii) A decision by the Criminal Bench under subparagraph (c) (i) may be appealed in accordance with the Rules of Procedure and Evidence.

Article LIV. Appeal Against Other Decisions

1. Either party may appeal any of the following decisions in accordance with the Rules of Procedure and Evidence:   (a) A decision with respect to jurisdiction or admissibility;   (b) In a criminal case, a decision granting or denying release of the person being investigated or prosecuted;   (c) A decision of the Criminal Bench to act on its own initiative under this Statute;   (d) A decision that involves an issue that would significantly affect the fair and expeditious conduct of the proceedings or the outcome of the trial, and for which, in the opinion of the lower Bench, an immediate resolution of the Appellate Bench may materially advance the proceedings.   2. An appeal shall not of itself have suspensive effect unless the Appellate Bench so orders, upon request, in accordance with the Rules of Procedure and Evidence.   3. A legal representative of the victims, the convicted person or a bona fide owner of property adversely affected by an order under article 51 may appeal against the order for reparations, as provided in the Rules of Procedure and Evidence.

Article LV. Proceedings on Appeal

1. For the purposes of proceedings under article 53 and this article, the Appellate Bench shall have all the powers of the other Benches.   2. If the Appellate Bench finds that the proceedings were unfair in a way that affected the reliability of the decision or sentence, or that the decision or sentence appealed from was materially affected by error of fact or law or procedural error, it may:   (a) Reverse or amend the decision or sentence; or   (b) Order a new trial.   For these purposes the Appellate Bench may remand a factual issue to the lower Bench for it to determine the issue and to report back accordingly, or may itself call evidence to determine the issue. In a criminal case, when the decision or sentence has been appealed only by the person convicted, or the Prosecutor on that person's behalf, it cannot be amended to his or her detriment.   3. In a criminal case, if in an appeal against sentence the Appellate Bench finds that the sentence is disproportionate to the crime, it may vary the sentence in accordance with part 5.   4. The judgment of the Appellate Chamber shall be taken by a majority of the judges and shall be delivered in open court. The judgment shall state the reasons on which it is based. When there is no unanimity, the judgment of the Appellate Bench shall contain the views of the majority and the minority, but a judge may deliver a separate or dissenting opinion on a question of law.   5. In a criminal case, the Appellate Bench may deliver its judgment in the absence of the person acquitted or convicted.

Article LVI. Revision of Judgment

1. The losing party or, after death, spouses, children, parents or one person alive at the time of the accused's death who has been given express written instructions from teh accused to bring such a claim, or the Prosecutor on the peron's behalf in a criminal case, may apply to the Appellate Bench to revise the final judgment of conviction or sentence on the grounds that:   (a) New evidence has been discovered that:   (i) Was not available at the time of trial, and such unavailability was not wholly or partially attributable to the party making application; and   (ii) Is sufficiently important that had it been proved at trial it would have been likely to have resulted in a different verdict;   (b) It has been newly discovered that decisive evidence, taken into account at trial and upon which the judgment depends, was false, forged, or falsified;   (c) One or more of the judges who participated in any decision of the Court has committed, in that case, an act of serious misconduct or serious breach of duty of sufficient gravity to justify the removal of that judge or those judges from office under article 33.   2. The Appellate Bench shall reject the application if it considers it to be unfounded. If it determins that he application is meritorious, it may, as appropriate:   (a) Reconvene the lower Bench; or   (b) Retain jurisdiction over the matter,   with a view to, after hearing the parties in the manner set forth in the Rules of Procedure and Evidence, arriving at a determination on whether the judgment should be revised.

Article LVII. Compensation to an Arrested or Convicted Person

1. Anyone who has been the victim of an unlawful arrest or detention shall have an enforceable right to compensation, which may be enforced by the International Tort Claims Bench when necessary.   2. When a person has by a final decision been convicted of a criminal offence, and when subsquently his or her conviction has been reversed on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice, the person who has suffered punishment as a result of such conviction shall be compensated according to law, unless it is proved that the non-disclosure of the unknown fact in time is wholly or partly attributable to him or her.   3. In exceptional circumstances, where the Court finds conclusive facts showing that there has been a grave and manifest miscarriage of justice, it may in its discretion award compensation, according to the criteria provided in the Rules of Procedure and Evidence, to a person who has been released from detention following a final decision of acquittal or a termination of the proceedings for that reason.

LVIII. En Banc Appeals

1. After the Appellate Bench renders a decision in a case, any party may appeal that decision to the full Court, which may elect to hear the appeal in its absolute discretion and by a majority of all judges.   2. It shall not be necessary for the judges who heard the case previously to recuse themselves from en banc appeals.   3. When hearing an appeal, the full Court shall have the same power as the Appellate Bench under this Statute and the Rules of Procedure and Evidence.

Part VII. International Cooperation & Judicial Assistance

Article LIV. Requests for Cooperation: General Provisions

1. (a) The Court shall have the authority to make requests to State Parties for cooperation. The requests shall be transmitted through the diplomatice channel or any other appropriate channel as may be designated by each State Party upon ratification, acceptance, and approval or accession.   Subsequent changes to the designation shall be made by each State Party in accordance with the Rules of Procedure and Evidence.   (b) When appropriate, without prejudice to the provisions of subparagraph (a), requests may also be transmitted through the Security Council or any appropriate regional organization.   2. Requests for cooperation and any documents supporting the request shall either be in or be accompanied by a translation into an official language of the requested State or one of the working language of the Court, in accordance with the choice made by that State upon ratification, acceptance, approval or accession.   Subsequent changes to this choice shall be made in accordance with the Rules of Procedure and Evidence.   3. The requested State shall keep confidential a request for cooperation and any documents supporting the request, except to the extent that the disclosure is necessary for execution of the request.   4. In relation to any request for assistance presented under this Part, the Court make take such measures, including measures related to the protection of information, as may be necessary to ensure the safety or psychologial well-being of any victims, potential witnesses and their families. The Court may request that any information that is made available under this Part shall be provided and handled in a manner that protects the safety and physical or psychological well-being of any victims, potential witnesses and their families.   5. The Court may invite any State not a party to this Statute to provide assistance under this Part on the basis of an ad hoc arrangement, an agreement with such State or any other appropriate basis.   Where a State is not party to this Statute, which has entered into an ad hock arrangement or an agreement with the Court, fails to cooperate with requests pursuant to any such arrangement or agreement, the Court may so inform the General Assembly or, wherre the Security Council referred a criminal matter to the Court, the Security Council.   6. The Court may ask any intergovernmental organizations to provide information or documents. The Court may also ask for other forms of cooperation and assitance which may be agreed upon with such an organization and which are in accordance with its competence or mandate.   7. Where a State Party fails to comply with a request to cooperate by the Court contrary to the provisions of this Statute, thereby preventing the Court from exercising its functions and powers under this Statute, the Court may make a finding to that effect and refer the matter to the General Assembly or, where the Security Council referred a criminal matter to the Court, the Security Council.

Article LV. Availability of Procedures Under National Law

State Parties shall ensure that there are procedures available under their national law for all of the forms of cooperation which are specified under this Part.

Article LVI. Surrender of Persons to the Court

1. The Court may transmit a request for the arrest and surrender of a person, together with the material supporting the request, to any State on the territory of which that person may be found and shall request the cooperation of that State in the arrest and surrender of such a person. State Parties shall, in accordance with the provisions of this Part and the procedures under their national law, comply with requests for arrest and surrender.   2. Where the person sought for surrender brings a challenge before a nationa lcourt on the basis of the principle of ne bis in idem as provided in article 83, the requested State shall immediately consult with the Court to determine if there has been a relevant ruling on admissibility. If the case is admissible, the requested State shall proceed with the execution of the request. If an admissibility ruling is pending, the requested State may postpone the execution of the request for surrender of the person until the Court makes a determination on admissibility.   3. (a) Aa State Party shall authorize, in accordance with its national procedural law, transportation through its territiry of a person being surrendered to the Court by another State, except where transit through that State would impede or delay the surrender.   (b) A request by the Court for transit shall be transmitted in accordance with article 54. The reuqst for transit shall contain:   (i) A description of the person being transported;   (ii) A brief statement of the facts of the case and their legal characterization;   (iii) The warrant for arrest and surrender;   (c) A person being transported shall be detained in custody during the period of transit;   (d) No authorization is required if the person is transported by air and no landing is scheduled on the territory of the transit State;   (e) If an unscheduled landing occurs on the territory of the transit State, that State may require a request for transit from the Court as provided for in subparagraph (b). The transit State shall detain the person being transported until the request for transit is received and the transit is effected, provided that detention for purposes of this subparagraph may not be extended beyond 96 hours from the unscheduled landing unless the request is received within that time.   4. If the person sought is being proceeded against or is serving a sentence in the requested State for a crime different from that for which surrender to the Court is sought, the requested State, after making its decision to grant the request, shall consult with the Court.

Article LVII. Competing Requests

1. A State Party which receives a request from the Court for the surrender of a person under article 56 shall, if it also receives a request from any other State for the extradition of the same person for the same conduct which forms the basis of the crime for which the Court seeks the person’s surrender, notify the Court and the requesting State ofthat fact.   2. Where the requesting State is a State Party, the requested State shall give priority to the request from the Court if:   (a) The Court has, pursuant to article 13 or 14, made a determination that the case in respect of which surrender is sought is admissible and that determination takes into account the investigation or prosecution conducted by the requesting State in respect of its request for extradition; or   (b) The Court makes the determination described in subparagraph (a) pursuant to the requested State’s notification under paragraph 1.   3. Where a determination under paragraph 2 (a) has not been made, the requested State may, at its discretion, pending the determination of the Court under paragraph 2 (b), proceed to deal with the request for extradition from the requesting State but shall not extradite the person until the Court has determined that the case is inadmissible. The Court’s determination shall be made on an expedited basis.   4. If the requesting State is a State not Party to this Statute the requested State, if it is not under an international obligation to extradite the person to the requesting State, shall give priority to the request for surrender from the Court, if the Court has determined that the case is admissible.   5. Where a case under paragraph 4 has not been determined to be admissible by the Court, the requested State may, at its discretion, proceed to deal with the request forextradition from the requesting State.   6. In cases where paragraph 4 applies except that the requested State is under an existing international obligation to extradite the person to the requesting State not Party to this Statute, the requested State shall determine whether to surrender the person to the Court or extradite the person to the requesting State. In making its decision, the requested State shall consider all the relevant factors, including but not limited to:   (a) The respective dates of the requests;   (b) The interests of the requesting State including, where relevant, whether the crime was committed in its territory and the nationality of the victims and of the person sought; and   (c) The possibility of subsequent surrender between the Court and the requesting State.   7. Where a State Party which receives a request from the Court for the surrender of a person also receives a request from any State for the extradition of the same person for conduct other than that which constitutes the crime for which the Court seeks the person’s surrender:   (a) The requested State shall, if it is not under an existing international obligation to extradite the person to the requesting State, give priority to the request from the Court;   (b) The requested State shall, if it is under an existing international obligation to extradite the person to the requesting State, determine whether to surrender the person to the Court or to extradite the person to the requesting State. In making its decision, the requested State shall consider all the relevant factors, including but not limited to those set out in paragraph 6, but shall give special consideration to the relative nature and gravity of the conduct in question.   8. Where pursuant to a notification under this article, the Court has determined a case to be inadmissible, and subsequently extradition to the requesting State is refused, the requested State shall notify the Court of this decision.

Article LVIII. Contents of request for arrest and surrender

1. A request for arrest and surrender shall be made in writing. In urgent cases, a request may be made by any medium capable of delivering a written record, provided that the request shall be confirmed through the channel provided for in article 56, paragraph 1 (a).   2. The request shall contain or be supported by:   (a) Information describing the person sought, sufficient to identify the person, and information as to that person’s probable location;   (b) A copy of the warrant of arrest; and   (c) Such documents, statements or information as may be necessary to meet the requirements for the surrender process in the requested State, except that those requirements should not be more burdensome than those applicable to requests for extradition pursuant to treaties or arrangements between the requested State and other States and should, if possible, be less burdensome, taking into account the distinct nature of the Court.   3. In the case of a request for the arrest and surrender of a person already convicted, the request shall contain or be supported by:   (a) A copy of any warrant of arrest for that person;   (b) A copy of the judgment of conviction;   (c) Information to demonstrate that the person sought is the one referred to in the judgement of conviction; and   (d) If the person sought has been sentenced, a copy of the sentence imposed and, in the case of a sentence for imprisonment, a statement of any time already served and the time remaining to be served.   4. Upon the request of the Court, a State Party shall consult with the Court, either generally or with respect to a specific matter, regarding any requirements under its national law that may apply under paragraph 2 (c). During the consultations, the State Party shall advise the Court of the specific requirements of its national law.

Article LIX. Provisional arrest

1. In urgent cases, the Court may request the provisional arrest of the person sought, pending presentation of the request for surrender and the documents supporting the request as specified in article 58.   2. The request for provisional arrest shall be made by any medium capable of delivering a written record and shall contain:   (a) Information describing the person sought, sufficient to identify the person, and information as to that person’s probable location;   (b) A concise statement of the crimes for which the person’s arrest is sought and of the facts which are alleged to constitute those crimes, including, where possible, the date and location of the crime;   (c) A statement of the existence of a warrant of arrest or a judgement of conviction against the person sought; and   (d) A statement that a request for surrender of the person sought will follow.   3. A person who is provisionally arrested may be released from custody if the requested State has not received the request for surrender and the documents supporting the request as specified in article 58 within the time limits specified in the Rules of Procedure and Evidence. However, the person may consent to surrender before the expiration of this period if permitted by the law of the requested State. In such a case, the requested State shall proceed to surrender the person to the Court as soon as possible.   4. The fact that the person sought has been released from custody pursuant to paragraph 3 shall not prejudice the subsequent arrest and surrender of that person if the request for surrender and the documents supporting the request are delivered at a later date.

Article LX. Other forms of cooperation

1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:   (a) The identification and whereabouts of persons or the location of items;   (b) The taking of evidence, including testimony under oath, and the production of evidence, including expert opinions and reports necessary to the Court;   (c) The questioning of any person being investigated or prosecuted;   (d) The service of documents, including judicial documents;   (e) Facilitating the voluntary appearance of persons as witnesses or experts before the Court;   (f) The temporary transfer of persons as provided in paragraph 7;   (g) The examination of places or sites, including the exhumation and examination of grave sites;   (h) The execution of searches and seizures;   (i) The provision of records and documents, including official records and documents;   (j) The protection of victims and witnesses and the preservation of evidence;   (k) The identification, tracing and freezing or seizure of proceeds, property and assets and instrumentalities of crimes for the purpose of eventual forfeiture, without prejudice to the rights of bona fide third parties; and   (l) Any other type of assistance which is not prohibited by the law of the requested State, with a view to facilitating the investigation and prosecution of crimes within the jurisdiction of the Court.   2. The Court shall have the authority to provide an assurance to a witness or an expert appearing before the Court that he or she will not be prosecuted, detained or subjected to any restriction of personal freedom by the Court in respect of any act or omission that preceded the departure of that person from the requested State.   3. Where execution of a particular measure of assistance detailed in a request presented under paragraph 1, is prohibited in the requested State on the basis of an existing fundamental legal principle of general application, the requested State shall promptly consult with the Court to try to resolve the matter. In the consultations, consideration should be given to whether the assistance can be rendered in another manner or subject to conditions. If after consultations the matter cannot be resolved, the Court shall modify the request as necessary.   4. In accordance with article 43, a State Party may deny a request for assistance, in whole or in part, only if the request concerns the production of any documents or disclosure of evidence which relates to its national security.   5. Before denying a request for assistance under paragraph 1 (l), the requested State shall consider whether the assistance can be provided subject to specified conditions, or whether the assistance can be provided at a later date or in an alternative manner, provided that if the Court or the Prosecutor accepts the assistance subject to conditions, the Court or the Prosecutor shall abide by them.   6. If a request for assistance is denied, the requested State Party shall promptly inform the Court or the Prosecutor of the reasons for such denial.   7. (a) The Court may request the temporary transfer of a person in custody for purposes of identification or for obtaining testimony or other assistance. The person may be transferred if the following conditions are fulfilled:   (i) The person freely gives his or her informed consent to the transfer; and   (ii) The requested State agrees to the transfer, subject to such conditions as that State and the Court may agree.   (b) The person being transferred shall remain in custody. When the purposes of the transfer have been fulfilled, the Court shall return the person without delay to the requested State.   8. (a) The Court shall ensure the confidentiality of documents and information, except as required for the investigation and proceedings described in the request.   (b) The requested State may, when necessary, transmit documents or information to the Prosecutor on a confidential basis. The Prosecutor may then use them solely for the purpose of generating new evidence.   (c) The requested State may, on its own motion or at the request of the Prosecutor, subsequently consent to the disclosure of such documents or information. They may then be used as evidence pursuant to the provisions of Parts 3 and 4 and in accordance with the Rules of Procedure and Evidence.   9. (a) (i) In the event that a State Party receives competing requests, other than for surrender or extradition, from the Court and from another State pursuant to an international obligation, the State Party shall endeavour, in consultation with the Court and the other State, to meet both requests, if necessary by postponing or attaching conditions to one or the other request.   (ii) Failing that, competing requests shall be resolved in accordance with the principles established in article 90.   (b) Where, however, the request from the Court concerns information, property or persons which are subject to the control of a third State or an international organization by virtue of an international agreement, the requested States shall so inform the Court and the Court shall direct its request to the third State or international organization.   10. (a) The Court may, upon request, cooperate with and provide assistance to a State Party conducting an investigation into or trial in respect of conduct which constitutes a crime within the jurisdiction of the Court or which constitutes a serious crime under the national law of the requesting State.   (b) (i) The assistance provided under subparagraph (a) shall include, inter alia:   a. The transmission of statements, documents or other types of evidence obtained in the course of an investigation or a trial conducted by the Court; and   b. The questioning of any person detained by order of the Court;   (ii) In the case of assistance under subparagraph (b) (i) a:   a. If the documents or other types of evidence have been obtained with the assistance of a State, such transmission shall require the consent of that State;   b. If the statements, documents or other types of evidence have been provided by a witness or expert, such transmission shall be subject to the requirements of this Statute.   (c) The Court may, under the conditions set out in this paragraph, grant a request for assistance under this paragraph from a State which is not a Party to this Statute.

Article LXI. Postponement of execution of a request in respect of ongoing investigation or prosecution

1. If the immediate execution of a request would interfere with an ongoing investigation or prosecution of a case different from that to which the request relates, the requested State may postpone the execution of the request for a period of time agreed upon with the Court. However, the postponement shall be no longer than is necessary to complete the relevant investigation or prosecution in the requested State. Before making a decision to postpone, the requested State should consider whether the assistance may be immediately provided subject to certain conditions.   2. If a decision to postpone is taken pursuant to paragraph 1, the Prosecutor may, however, seek measures to preserve evidence, pursuant to article 93, paragraph 1 (j).

Article LXII Postponement of execution of a request in respect of an admissibility challenge

Where there is an admissibility challenge under consideration by the Court pursuant to article 13 or 14, the requested State may postpone the execution of a request under this Part pending a determination by the Court, unless the Court has specifically ordered that the Prosecutor may pursue the collection of such evidence pursuant to article 13 or 14.

Article LXII. Contents of request for other forms of assistance under article

1. A request for other forms of assistance referred to in article 93 shall be made in writing. In urgent cases, a request may be made by any medium capable of delivering a written record, provided that the request shall be confirmed through the channel provided for in article 54, paragraph 1 (a).   2. The request shall, as applicable, contain or be supported by the following:   (a) A concise statement of the purpose of the request and the assistance sought, including the legal basis and the grounds for the request;   (b) As much detailed information as possible about the location or identification of any person or place that must be found or identified in order for the assistance sought to be provided;   (c) A concise statement of the essential facts underlying the request;   (d) The reasons for and details of any procedure or requirement to be followed;   (e) Such information as may be required under the law of the requested State in order to execute the request; and   (f) Any other information relevant in order for the assistance sought to be provided.   3. Upon the request of the Court, a State Party shall consult with the Court, either generally or with respect to a specific matter, regarding any requirements under its national law that may apply under paragraph 2 (e). During the consultations, the State Party shall advise the Court of the specific requirements of its national law.   4. The provisions of this article shall, where applicable, also apply in respect of a request for assistance made to the Court.

Article LXIII. Consultations

Where a State Party receives a request under this Part in relation to which it identifies problems which may impede or prevent the execution of the request, that State shall consult with the Court without delay in order to resolve the matter. Such problems may include, inter alia:   (a) Insufficient information to execute the request;   (b) In the case of a request for surrender, the fact that despite best efforts, the person sought cannot be located or that the investigation conducted has determined that the person in the requested State is clearly not the person named in the warrant; or   (c) The fact that execution of the request in its current form would require the requested State to breach a pre-existing treaty obligation undertaken with respect to another State.  

Article LXIV. Cooperation with respect to waiver of immunity and consent to surrender

1. The Court may not proceed with a request for surrender or assistance which would,require the requested State to act inconsistently with its obligations under international law with respect to the State or diplomatic immunity of a person or property of a third State, unless the Court can first obtain the cooperation of that third State for the waiver of the immunity.   2. The Court may not proceed with a request for surrender which would require the requested State to act inconsistently with its obligations under international agreements pursuant to which the consent of a sending State is required to surrender a person of that State to the Court, unless the Court can first obtain the cooperation of the sending State for the giving of consent for the surrender.

Article LXV. Execution of requests under articles 42 and 43

1. Requests for assistance shall be executed in accordance with the relevant procedure under the law of the requested State and, unless prohibited by such law, in the manner specified in the request, including following any procedure outlined therein or permitting persons specified in the request to be present at and assist in the execution process.   2. In the case of an urgent request, the documents or evidence produced in response shall, at the request of the Court, be sent urgently.   3. Replies from the requested State shall be transmitted in their original language and form.   4. Without prejudice to other articles in this Part, where it is necessary for the successful execution of a request which can be executed without any compulsory measures, including specifically the interview of or taking evidence from a person on a voluntary basis, including doing so without the presence of the authorities of the requested State Party if it is essential for the request to be executed, and the examination without modification of a public site or other public place, the Prosecutor may execute such request directly on the territory of a State as follows:   (a) When the State Party requested is a State on the territory of which the crime is alleged to have been committed, and there has been a determination of admissibility pursuant to article 13 or 14, the Prosecutor may directly execute such request following all possible consultations with the requested State Party;   (b) In other cases, the Prosecutor may execute such request following consultations with the requested State Party and subject to any reasonable conditions or concerns raised by that State Party. Where the requested State Party identifies problems with the execution of a request pursuant to this subparagraph it shall, without delay, consult with the Court to resolve the matter.   5. Provisions allowing a person heard or examined by the Court under article 72 to invoke restrictions designed to prevent disclosure of confidential information connected with national security shall also apply to the execution of requests for assistance under this article.

Article LXVI. Costs

1. The ordinary costs for execution of requests in the territory of the requested State shall be borne by that State, except for the following, which shall be borne by the Court:   (a) Costs associated with the travel and security of witnesses and experts or the transfer under article 93 of persons in custody;   (b) Costs of translation, interpretation and transcription;   (c) Travel and subsistence costs of the judges, the Prosecutor, the Deputy Prosecutors, the Registrar, the Deputy Registrar and staff of any organ of the Court;   (d) Costs of any expert opinion or report requested by the Court;   (e) Costs associated with the transport of a person being surrendered to the Court by a custodial State; and   (f) Following consultations, any extraordinary costs that may result from the execution of a request.   2. The provisions of paragraph 1 shall, as appropriate, apply to requests from States Parties to the Court. In that case, the Court shall bear the ordinary costs of execution.

Article LXVII. Rule of speciality

1. A person surrendered to the Court under this Statute shall not be proceeded against, punished or detained for any conduct committed prior to surrender, other than the conduct or course of conduct which forms the basis of the crimes for which that person has been surrendered.   2. The Court may request a waiver of the requirements of paragraph 1 from the State which surrendered the person to the Court and, if necessary, the Court shall provide additional information in accordance with article 39. States Parties shall have the authority to provide a waiver to the Court and should endeavour to do so.

Article LXVIII. Use of terms

For the purposes of this Statute: (a) “surrender” means the delivering up of a person by a State to the Court, pursuant to this Statute.   (b) “extradition” means the delivering up of a person by one State to another as provided by treaty, convention or national legislation.

Part VIII. Enforcement

Article LXIV. Role of States in enforcement of judgments

State Parties shall, when called upon by a party to a case not of criminal concern, enforce the judgments of the Court by their established national mechanisms.

Article LXX. Role of States in enforcement of sentences of imprisonment

1. (a) A sentence of imprisonment shall be served in a State designated by the Court from a list of States which have indicated to the Court their willingness to accept sentenced persons.   (b) At the time of declaring its willingness to accept sentenced persons, a State may attach conditions to its acceptance as agreed by the Court and in accordance with this Part.   (c) A State designated in a particular case shall promptly inform the Court whether it accepts the Court’s designation.   2. (a) The State of enforcement shall notify the Court of any circumstances, including the exercise of any conditions agreed under paragraph 1, which could materially affect the terms or extent of the imprisonment. The Court shall be given at least 45 days’ notice of any such known or foreseeable circumstances. During this period, the State of enforcement shall take no action that might prejudice its obligations under article 67.   (b) Where the Court cannot agree to the circumstances referred to in subparagraph (a), it shall notify the State of enforcement and proceed in accordance with article 61, paragraph 1.   3. In exercising its discretion to make a designation under paragraph 1, the Court shall take into account the following:   (a) The principle that States Parties should share the responsibility for enforcing sentences of imprisonment, in accordance with principles of equitable distribution, as provided in the Rules of Procedure and Evidence;   (b) The application of widely accepted international treaty standards governing the treatment of prisoners;   (c) The views of the sentenced person;   (d) The nationality of the sentenced person;   (e) Such other factors regarding the circumstances of the crime or the person sentenced, or the effective enforcement of the sentence, as may be appropriate in designating the State of enforcement.   4. If no State is designated under paragraph 1, the sentence of imprisonment shall be served in a prison facility made available by the host State, in accordance with the conditions set out in the headquarters agreement referred to in article 3, paragraph 2. In such a case, the costs arising out of the enforcement of a sentence of imprisonment shall be borne by the Court.

Article LXXI. Change in designation of State of enforcement

1. The Court may, at any time, decide to transfer a sentenced person to a prison of another State.   2. A sentenced person may, at any time, apply to the Court to be transferred from the State of enforcement.

Article LXXII. Enforcement of the sentence

1. Subject to conditions which a State may have specified in accordance with article 70, paragraph 1 (b), the sentence of imprisonment shall be binding on the States Parties, which shall in no case modify it.   2. The Court alone shall have the right to decide any application for appeal and revision. The State of enforcement shall not impede the making of any such application by a sentenced person.

Article LXXIII. Supervision of enforcement of sentences and conditions of imprisonment

1. The enforcement of a sentence of imprisonment shall be subject to the supervision of the Court and shall be consistent with widely accepted international treaty standards governing treatment of prisoners.   2. The conditions of imprisonment shall be governed by the law of the State of enforcement and shall be consistent with widely accepted international treaty standards governing treatment of prisoners; in no case shall such conditions be more or less favourable than those available to prisoners convicted of similar offences in the State of enforcement.   3. Communications between a sentenced person and the Court shall be unimpeded and confidential.

Article LXXIV. Transfer of the person upon completion of sentence

1. Following completion of the sentence, a person who is not a national of the State of enforcement may, in accordance with the law of the State of enforcement, be transferred to a State which is obliged to receive him or her, or to another State which agrees to receive him or her, taking into account any wishes of the person to be transferred to that State, unless the State of enforcement authorizes the person to remain in its territory.   2. If no State bears the costs arising out of transferring the person to another State pursuant to paragraph 1, such costs shall be borne by the Court.   3. Subject to the provisions of article 75, the State of enforcement may also, in accordance with its national law, extradite or otherwise surrender the person to a State which has requested the extradition or surrender of the person for purposes of trial or enforcement of a sentence.

Article LXXV. Limitation on the prosecution or punishment of other offences

1. A sentenced person in the custody of the State of enforcement shall not be subject to prosecution or punishment or to extradition to a third State for any conduct engaged in prior to that person’s delivery to the State of enforcement, unless such prosecution, punishment or extradition has been approved by the Court at the request of the State of enforcement.   2. The Court shall decide the matter after having heard the views of the sentenced person.   3. Paragraph 1 shall cease to apply if the sentenced person remains voluntarily for more than 30 days in the territory of the State of enforcement after having served the full sentence imposed by the Court, or returns to the territory of that State after having left it.

Article LXXVI. Enforcement of fines and forfeiture measures

1. States Parties shall give effect to fines or forfeitures ordered by the Court under Part 5, without prejudice to the rights of bona fide third parties, and in accordance with the procedure of their national law.   2. If a State Party is unable to give effect to an order for forfeiture, it shall take measures to recover the value of the proceeds, property or assets ordered by the Court to be forfeited, without prejudice to the rights of bona fide third parties.   3. Property, or the proceeds of the sale of real property or, where appropriate, the sale of other property, which is obtained by a State Party as a result of its enforcement of a judgement of the Court shall be transferred to the Court.

Article LXXVII. Review by the Court concerning reduction of sentence

1. The State of enforcement shall not release the person before expiry of the sentence pronounced by the Court.   2. The Court alone shall have the right to decide any reduction of sentence, and shall rule on the matter after having heard the person.   3. When the person has served two thirds of the sentence, or 25 years in the case of life imprisonment, the Court shall review the sentence to determine whether it should be reduced. Such a review shall not be conducted before that time.   4. In its review under paragraph 3, the Court may reduce the sentence if it finds that one or more of the following factors are present:   (a) The early and continuing willingness of the person to cooperate with the Court in its investigations and prosecutions;   (b) The voluntary assistance of the person in enabling the enforcement of the judgments and orders of the Court in other cases, and in particular providing assistance in locating assets subject to orders of fine, forfeiture or reparation which may be used for the benefit of victims; or   (c) Other factors establishing a clear and significant change of circumstances sufficient to justify the reduction of sentence, as provided in the Rules of Procedure and Evidence.   5. If the Court determines in its initial review under paragraph 3 that it is not appropriate to reduce the sentence, it shall thereafter review the question of reduction of sentence at such intervals and applying such criteria as provided for in the Rules of Procedure and Evidence.

Article LXXVIII. Escape

If a convicted person escapes from custody and flees the State of enforcement, that State may, after consultation with the Court, request the person’s surrender from the State in which the person is located pursuant to existing bilateral or multilateral arrangements, or may request that the Court seek the person’s surrender, in accordance with Part 7. It may direct that the person be delivered to the State in which he or she was serving the sentence or to another State designated by the Court.

Part IX. Special Rules for International Criminal Law

Article LXXIX. Exercise of Jurisdiction in Criminal Cases

The Court may exercise its jurisdiction with respect to a crime referred to in article 5 in accordance with the provisions of this statute if:   (a) A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by a State Party in accordance with article 81;   (b) A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by the Security Council or the Council of Dragons acting under Chapter VIII of the Charter of the Draconic Confederacy; or   (c) The Prosecutor has initiated an investigation in respect of such a crime in accordance with article 81.

Article LXXX. Referral of a Situation by a State Party

1. A State Party may refer to the Prosecutor a situation in which one or more crimes within the jurisdiction of the Court appear to have been committed requesting the Prosecutor to investigate the situation for the purpose of determining whether one or more specific persons should be charged with the commission of such crimes.   2. As far as possible, a referral shall specify the relevant circumstances and be accompanied by such supporting documentation as is available to the State referring the situation.

Article LXXXI. Prosecutor of the Court

1. The Prosecutor may initiate investigations proprio motu on the basis of information on crimes within the jurisdiction of the Court.   2. The Prosecutor shall analyse the seriousness of the information received. For this purpose, he or she may seek additional information from States, organs of the Draconic Confederacy, intergovernmental or non-governmental organizations, or other reliable soures that he or she deems appropriate, and may receive written or oral testimony at the seat of the Court.   3. If the Prosecutor concludes that there is a reasonable basis to proceed with an investigation, he or she shall submit to the Criminal Bench a request for authorization of an investigation, together with any supporting material collected. Victims may make representations to the Criminal Bench, in accordance with the Rules of Procedure and Evidence.   4. If the Criminal Bench, upon examination of the request and the supporting material, considers that there is a reasonable basis to proceed with an investigation, and that the case appears to fall within the jurisdiction of the Court, it shall authorize the commencement of the investigation, without prejudice to subsequent determinations by the Court with regard to the jurisdiction and admissibility of a case.   5. The refusal of the Criminal Bench to authorize the investigation shall not preclude the presentation of a subsequent request by the Prosecutor based on new facts or evidence regarding the same situation.   6. If, after the preliminary examination referred to in paragraphs 1 and 2, the Prosecutor concludes that the information provided does not constitute a reasonble basis for an investigation, he or she shall inform those who provided the information. This shall not preclude the Prosecutor from considering further information submitted to him or her regarding the same situation in the light of new facts or evidence.  

Article LXXXII. Deferral of Investigation or Prosecution

No investigation or prosecution may be commenced or proceeded with under this Statute for a period of 12 months after the Security Council or the Council of Dragons, in a resolution adopted under Chapter VIII of the Charter of the Draconic Confederacy, has requested the Court to that effect; that request may be renewed by the either Council under the same conditions; such a renewal does not have to originate with the same Council as the original request.

Article LXXXIII. Ne bis in idem

1. Except as provided in the Statute, no person shall be tried before the Court with respect to conduct which formed the basis for crimes for which the person has been convicted or acquitted by the Court.   2. No person shall be tried by another court for a crime referred to in article 5 for which that person has already been convicted or acquitted by the Court.   3. No person who has been tried by another court for conduct also proscribed under articles 6, 7, 8, or 9 shall be tried by the Court with respect to the same conduct unless the proceedings in the other court:   (a) Were for the purpose of shielding the person concerned from criminal responsibility for crimes within the jurisdiction of the Court; or   (b) Otherwise were not conducted independently or impartially in accordance with the norms of due process recognized by international law and were conducted in a manner in which, in the circumstances, was inconsistent with an intent to bring the person concerned to justice.

Article LXXXIV. Nullum crimen sine lege

1. A person shall not be criminally responsible under this Statute unless the conduct in question constitutes, at the time it takes place, a crime within the jurisdiction of the Court.   2. The definition of a crime shall be strictly construed and shall not be extended by analogy. In case of ambiguity, the definition shall be interpreted in favor of the person being investigated, prosecuted, or convicted.   3. This article shall not affect the characterization of any conduct as criminal under international law independently of this Statute.

Article LXXXV. Nulla poena sine lege

A person convicted by the Court may be punished only in accordance with this Statute.

Article LXXXVI. Non-applicability of Statute of Limitations

The crimes within the jurisdiction of the Court shall not be subject to any statute of limitations.

Article LXXXVII. Mental Element

1. Unless otherwise provided, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court only if the material elements are committed with intent and knowledge.   2. For the purposes of this article, a person has intent where:   (a) In relation to the conduct, that person means to engage in the conduct;   (b) In relation to a consequence, that person means to cause that consequence or is aware that it will occur in the ordinary course of events.   2. For the purposes of this article, "knowledge" means awareness that a circumstance exists or a consequence will occur in the ordinary course of events. "Know" and "knowingly" shall be construed accordingly.

Article LXXXVIII. Grounds for Excluding Criminal Responsibility

1. In addition to other grounds for excluding criminal responsibility provided for in this Statute, a person shall not be criminally responsible if, at the time of that person’s conduct:   (a) The person suffers from a mental disease or defect that destroys that person’s capacity to appreciate the unlawfulness or nature of his or her conduct, or capacity to control his or her conduct to conform to the requirements of law;   (b) The person is in a state of intoxication that destroys that person’s capacity to appreciate the unlawfulness or nature of his or her conduct, or capacity to control his or her conduct to conform to the requirements of law, unless the person has become voluntarily intoxicated under such circumstances that the person knew, or disregarded the risk, that, as a result of the intoxication, he or she was likely to engage in conduct constituting a crime within the jurisdiction of the Court;   (c) The person acts reasonably to defend himself or herself or another person or, in the case of war crimes, property which is essential for the survival of the person or another person or property which is essential for accomplishing a military mission, against an imminent and unlawful use of force in a manner proportionate to the degree of danger to the person or the other person or property protected. The fact that the person was involved in a defensive operation conducted by forces shall not in itself constitute a ground for excluding criminal responsibility under this subparagraph;   (d) The conduct which is alleged to constitute a crime within the jurisdiction of the Court has been caused by duress resulting from a threat of imminent death or of continuing or imminent serious bodily harm against that person or another person, and the person acts necessarily and reasonably to avoid this threat, provided that the person does not intend to cause a greater harm than the one sought to be avoided. Such a threat may either be:   (i) Made by other persons; or   (ii) Constituted by other circumstances beyond that person’s control.   2. The Court shall determine the applicability of the grounds for excluding criminal responsibility provided for in this Statute to the case before it.   3. At trial, the Court may consider a ground for excluding criminal responsibility other than those referred to in paragraph 1 where such a ground is derived from applicable law as set forth in article 20. The procedures relating to the consideration of such a ground shall be provided for in the Rules of Procedure and Evidence.

Article LXXXIX. Mistake of Fact or Mistake of Law

1. A mistake of fact shall be a ground for excluding criminal responsibility only if it negates the metal element required by the crime.   2. A mistake of law as to whether a particular type of conduct is a crime within the jurisdiction of the Court shall not be ground for excluding criminal responsibility. A mistake of law may, however, be a ground for excluding criminal responsibility if it negates the mental element required by such a crime, as provided in article [next], or if the mistake was due to the person's reliance on the reasonable opinion of the Advisory Bench.

Article XC. Superior Orders and Prescription of Law

1. The fact that a crime within the jurisdiction of the Court has been committed by a person pursuant to an order of a Government or of a superior, whether military or civilian, shall not relieve that person of criminal responsibility unless:   (a) The person was under a legal obligation to obey orders of the Government or the superior in question;   (b) The person did not know that the order was unlawful; and   (c) The order was not manifestly unlawful.   2. For the purposes of this article, orders to commit genocide or crimes against morality are manifestly unlawful.

Article XCI. Presumption of Innocence

1. Everyone shall be presumed innocent until proven guilty before the Court in accordance with the applicable law.   2. The onus is on the Prosecutor to prove the guilt of the accused.   3. In order to convict the accused, the Court must be convinced of the guilt of the accused beyond reasonable doubt.

Article XCII. Rights of the Accused

1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality:   (a) To be informed promptly and in detail of the naure, cause, and content of the charge, in a language which the accused fully understands and speaks;   (b) To have adequate time and facilities for the preparation of the defence and to communicate freely with counsel of the accused's choosing in confidence;   (c) To be tried without undue delay;   (d) Subject to article 42, paragraph 3, to be present at the trial, to conduct the defence in person or through legal assistance of the accused's choosing, to be informed, if the accused does not have legal assistance, of this right and to have legal assigned by the Court in any cases where the interests of justice so require, and without payment if the accused lacks sufficient means to pay for it;   (e) To examine, or have examined, the witnesses against him or her and to obtain the attendance and examination of witnesses in his or her behalf under the same conditions as witnesses against him or her. The accused shall also be entitled to raise defences and to present other evidence admissible under this Statute;   (f) To have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness, if any of the proceedings or documents presented to the Court are not in a language which the accused fully understands and speaks;   (g) Not to be compelled to testify or to confess guilt and to remain silent, without such silence being a consideration in the determination of guilt or innocence;   (h) To make an unsworn oral or written statement in his or her defence; and   (i) Not to have imposed on him or her any reversal of the burden of proof or any onus of rebuttal.   2. In addition to any other disclosure provided for in this Statute, the Prosecutor shall, as soon as practicable, disclose to the defence evidence in the Prosecutor's possession or control which he or she believes shows or tends to show the innocence of the accused, or to mitigate the guilt of the accused, or which may affect the credibility of prosecution evidence. In case of doubt as to the application of this paragraph, the Court shall decide.  

PART X. Investigation and Prosecution of Crimes

Article XCIII. Initiation of an investigation

  1. The Prosecutor shall, having evaluated the information made available to him or her, initiate an investigation unless he or she determines that there is no reasonable basis to proceed under this Statute. In deciding whether to initiate an investigation, the Prosecutor shall consider whether:   (a) The information available to the Prosecutor provides a reasonable basis to believe that a crime within the jurisdiction of the Court has been or is being committed;   (b) The case is or would be admissible under article 17; and   (c) Taking into account the gravity of the crime and the interests of victims, there are nonetheless substantial reasons to believe that an investigation would not serve the interests of justice.   If the Prosecutor determines that there is no reasonable basis to proceed and his or her determination is based solely on subparagraph (c) above, he or she shall inform the head judge of the Criminal Bench.   2. If, upon investigation, the Prosecutor concludes that there is not a sufficient basis for a prosecution because:   (a) There is not a sufficient legal or factual basis to seek a warrant or summons under article 58;   (b) The case is inadmissible under article 17; or   (c) A prosecution is not in the interests of justice, taking into account all the circumstances, including the gravity of the crime, the interests of victims and the age or infirmity of the alleged perpetrator, and his or her role in the alleged crime; the Prosecutor shall inform the Criminal Bench and the State making a referral under article 14 or the Security Council in a case under article 13, paragraph (b), of his or her conclusion and the reasons for the conclusion.   3. (a) At the request of the State making a referral under article 14 or the Security Council under article 13, paragraph (b), the head judge of the Criminal Bench may review a decision of the Prosecutor under paragraph 1 or 2 not to proceed and may request the Prosecutor to reconsider that decision.   (b) In addition, the head judge of the Criminal Bench may, on his or her own initiative, review a decision of the Prosecutor not to proceed if it is based solely on paragraph 1 (c) or 2 (c). In such a case, the decision of the Prosecutor shall be effective only if confirmed by the head judge.   4. The Prosecutor may, at any time, reconsider a decision whether to initiate an investigation or prosecution based on new facts or information.

Article XCIV. Duties and powers of the Prosecutor with respect to investigations

1. The Prosecutor shall:   (a) In order to establish the truth, extend the investigation to cover all facts and evidence relevant to an assessment of whether there is criminal responsibility under this Statute, and, in doing so, investigate incriminating and exonerating circumstances equally;   (b) Take appropriate measures to ensure the effective investigation and prosecution of crimes within the jurisdiction of the Court, and in doing so, respect the interests and personal circumstances of victims and witnesses, including age, gender as defined in article 7, paragraph 3, and health, and take into account the nature of the crime, in particular where it involves sexual violence, gender violence or violence against children; and   (c) Fully respect the rights of persons arising under this Statute.   2. The Prosecutor may conduct investigations on the territory of a State:   (a) In accordance with the provisions of Part 7; or   (b) As authorized by the Criminal Bench under article 97, paragraph 3 (d).   3. The Prosecutor may:   (a) Collect and examine evidence;   (b) Request the presence of and question persons being investigated, victims and witnesses;   (c) Seek the cooperation of any State or intergovernmental organization or arrangement in accordance with its respective competence and/or mandate;   (d) Enter into such arrangements or agreements, not inconsistent with this Statute, as may be necessary to facilitate the cooperation of a State, intergovernmental organization or person;   (e) Agree not to disclose, at any stage of the proceedings, documents or information that the Prosecutor obtains on the condition of confidentiality and solely for the purpose of generating new evidence, unless the provider of the information consents; and   (f) Take necessary measures, or request that necessary measures be taken, to ensure the confidentiality of information, the protection of any person or the preservation of evidence.  

Article XCV. Rights of persons during an investigation

1. In respect of an investigation under this Statute, a person:   (a) Shall not be compelled to incriminate himself or herself or to confess guilt;   (b) Shall not be subjected to any form of coercion, duress or threat, to torture or to any other form of cruel, inhuman or degrading treatment or punishment;   (c) Shall, if questioned in a language other than a language the person fully understands and speaks, have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness; and   (d) Shall not be subjected to arbitrary arrest or detention, and shall not be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in this Statute.   2. Where there are grounds to believe that a person has committed a crime within the jurisdiction of the Court and that person is about to be questioned either by the Prosecutor, or by national authorities pursuant to a request made under Part 7, that person shall also have the following rights of which he or she shall be informed prior to being questioned:   (a) To be informed, prior to being questioned, that there are grounds to believe that he or she has committed a crime within the jurisdiction of the Court;   (b) To remain silent, without such silence being a consideration in the determination of guilt or innocence;   (c) To have legal assistance of the person’s choosing, or, if the person does not have legal assistance, to have legal assistance assigned to him or her, in any case where the interests of justice so require, and without payment by the person in any such case if the person does not have sufficient means to pay for it; and   (d) To be questioned in the presence of counsel unless the person has voluntarily waived his or her right to counsel.

Article XCVI. Role of the head judge in relation to a unique investigative opportunity

1. (a) Where the Prosecutor considers an investigation to present a unique opportunity to take testimony or a statement from a witness or to examine, collect or test evidence, which may not be available subsequently for the purposes of a trial, the Prosecutor shall so inform the head judge.   (b) In that case, the head judge may, upon request of the Prosecutor, take such measures as may be necessary to ensure the efficiency and integrity of the proceedings and, in particular, to protect the rights of the defence.   (c) Unless the head judge orders otherwise, the Prosecutor shall provide the relevant information to the person who has been arrested or appeared in response to a summons in connection with the investigation referred to in subparagraph (a), in order that he or she may be heard on the matter.   2. The measures referred to in paragraph 1 (b) may include:   (a) Making recommendations or orders regarding procedures to be followed;   (b) Directing that a record be made of the proceedings;   (c) Appointing an expert to assist;   (d) Authorizing counsel for a person who has been arrested, or appeared before the Court in response to a summons, to participate, or where there has not yet been such an arrest or appearance or counsel has not been designated, appointing another counsel to attend and represent the interests of the defence;   (e) Naming one of its members or, if necessary, another available judge of the Criminal Bench to observe and make recommendations or orders regarding the collection and preservation of evidence and the questioning of persons;   (f) Taking such other action as may be necessary to collect or preserve evidence.   3. (a) Where the Prosecutor has not sought measures pursuant to this article but the head judge considers that such measures are required to preserve evidence that it deems would be essential for the defence at trial, it shall consult with the Prosecutor as to whether there is good reason for the Prosecutor’s failure to request the measures. If upon consultation, the head judgeconcludes that the Prosecutor’s failure to request such measures is unjustified, the head judge may take such measures on his or her own initiative.   (b) A decision of the head judge to act on his or her own initiative under this paragraph may be appealed by the Prosecutor. The appeal shall be heard on an expedited basis.   4. The admissibility of evidence preserved or collected for trial pursuant to this article, or the record thereof, shall be governed at trial by article 45, and given such weight as determined by the Criminal Bench.

Article XCVII. Functions and powers of the Criminal Bench in Pre-Trial Matters

1. Unless otherwise provided in this Statute, the Criminal Bench shall exercise its pre-trial functions in accordance with the provisions of this article. 2. (a) Orders or rulings of the Bench issued under articles 15, 18, and 19, must be concurred in by a majority of its judges.   (b) In all other cases, a head judge of the Criminal Bench may exercise the functions provided for in this Statute, unless otherwise provided for in the Rules of Procedure and Evidence or by a majority of the Criminal Bench.   3. In addition to its other functions under this Statute, the Criminal Bench may:   (a) At the request of the Prosecutor, issue such orders and warrants as may be required for the purposes of an investigation;   (b) Upon the request of a person who has been arrested or has appeared pursuant to a summons, issue such orders, including measures such as those described elsewhere in this Statute, or seek such cooperation pursuant to Part 7 as may be necessary to assist the person in the preparation of his or her defence;   (c) Where necessary, provide for the protection and privacy of victims and witnesses, the preservation of evidence, the protection of persons who have been arrested or appeared in response to a summons, and the protection of national security information;   (d) Authorize the Prosecutor to take specific investigative steps within the territory of a State Party without having secured the cooperation of that State under Part 7 if, whenever possible having regard to the views of the State concerned, the Criminal Bench has determined in that case that the State is clearly unable to execute a request for cooperation due to the unavailability of any authority or any component of its judicial system competent to execute the request for cooperation under Part 7;   (e) Where a warrant of arrest or a summons has been issued under article 98, and having due regard to the strength of the evidence and the rights of theparties concerned, as provided for in this Statute and the Rules of Procedure and Evidence, seek the cooperation of States pursuant to article 65, paragraph 1 (k), to take protective measures for the purpose of forfeiture, in particular for the ultimate benefit of victims.

Article XCVIII. Issuance by the Criminal Bench of a warrant of arrest or a summons to appear

1. At any time after the initiation of an investigation, the Criminal Bench shall, on the application of the Prosecutor, issue a warrant of arrest of a person if, having examined the application and the evidence or other information submitted by the Prosecutor, it is satisfied that:   (a) There are reasonable grounds to believe that the person has committed a crime within the jurisdiction of the Court; and   (b) The arrest of the person appears necessary:   (i) To ensure the person’s appearance at trial;   (ii) To ensure that the person does not obstruct or endanger the investigation or the court proceedings; or   (iii) Where applicable, to prevent the person from continuing with the commission of that crime or a related crime which is within the jurisdiction of the Court and which arises out of the same circumstances.   2. The application of the Prosecutor shall contain:   (a) The name of the person and any other relevant identifying information;   (b) A specific reference to the crimes within the jurisdiction of the Court which the person is alleged to have committed;   (c) A concise statement of the facts which are alleged to constitute those crimes;   (d) A summary of the evidence and any other information which establish reasonable grounds to believe that the person committed those crimes; and   (e) The reason why the Prosecutor believes that the arrest of the person is necessary.   3. The warrant of arrest shall contain:   (a) The name of the person and any other relevant identifying information;   (b) A specific reference to the crimes within the jurisdiction of the Court for which the person’s arrest is sought; and   (c) A concise statement of the facts which are alleged to constitute those crimes.   4. The warrant of arrest shall remain in effect until otherwise ordered by the Court.   5. On the basis of the warrant of arrest, the Court may request the provisional arrest or the arrest and surrender of the person under Part 7.   6. The Prosecutor may request the Criminal Bench to amend the warrant of arrest by modifying or adding to the crimes specified therein. The Criminal Bench shall so amend the warrant if it is satisfied that there are reasonable grounds to believe that the person committed the modified or additional crimes.   7. As an alternative to seeking a warrant of arrest, the Prosecutor may submit an application requesting that the Criminal Bench issue a summons for the person to appear. If the Criminal Bench is satisfied that there are reasonable grounds to believe that the person committed the crime alleged and that a summons is sufficient to ensure the person’s appearance, it shall issue the summons, with or without conditions restricting liberty (other than detention) if provided for by national law, for the person to appear. The summons shall contain:   (a) The name of the person and any other relevant identifying information;   (b) The specified date on which the person is to appear;   (c) A specific reference to the crimes within the jurisdiction of the Court which the person is alleged to have committed; and   (d) A concise statement of the facts which are alleged to constitute the crime.   The summons shall be served on the person.

Article XCIX. Arrest proceedings in the custodial State

1. A State Party which has received a request for provisional arrest or for arrest and surrender shall immediately take steps to arrest the person in question in accordance with its laws and the provisions of Part 7.   2. A person arrested shall be brought promptly before the competent judicial authority in the custodial State which shall determine, in accordance with the law of that State, that: (a) The warrant applies to that person;   (b) The person has been arrested in accordance with the proper process; and   (c) The person’s rights have been respected.   3. The person arrested shall have the right to apply to the competent authority in the custodial State for interim release pending surrender.   4. In reaching a decision on any such application, the competent authority in the custodial State shall consider whether, given the gravity of the alleged crimes, there are urgent and exceptional circumstances to justify interim release and whether necessary safeguards exist to ensure that the custodial State can fulfil its duty to surrender the person to the Court. It shall not be open to the competent authority of the custodial State to consider whether the warrant of arrest was properly issued in accordance with article 98, paragraph 1 (a) and (b).   5. The Criminal Bench shall be notified of any request for interim release and shall make recommendations to the competent authority in the custodial State. The competent authority in the custodial State shall give full consideration to such recommendations, including any recommendations on measures to prevent the escape of the person, before rendering its decision.   6. If the person is granted interim release, the Criminal Bench may request periodic reports on the status of the interim release.   7. Once ordered to be surrendered by the custodial State, the person shall be delivered to the Court as soon as possible.

Article C. Initial proceedings before the Court

1. Upon the surrender of the person to the Court, or the person’s appearance before the Court voluntarily or pursuant to a summons, the Criminal Bench shall satisfy itself that the person has been informed of the crimes which he or she is alleged to have committed, and of his or her rights under this Statute, including the right to apply for interim release pending trial.   2. A person subject to a warrant of arrest may apply for interim release pending trial. If the Criminal Bench is satisfied that the conditions set forth in article 100, paragraph 1, are met, the person shall continue to be detained. If it is not so satisfied, the Criminal Bench shall release the person, with or without conditions.   3. The Criminal Bench shall periodically review its ruling on the release or detention of the person, and may do so at any time on the request of the Prosecutor or the person. Upon such review, it may modify its ruling as to detention, release or conditions of release, if it is satisfied that changed circumstances so require.   4. The Crminal Bench shall ensure that a person is not detained for an unreasonable period prior to trial due to inexcusable delay by the Prosecutor. If such delay occurs, the Court shall consider releasing the person, with or without conditions.   5. If necessary, the Criminal Bench may issue a warrant of arrest to secure the presence of a person who has been released.

Article CI. Confirmation of the charges before trial

1. Subject to the provisions of paragraph 2, within a reasonable time after the person’s surrender or voluntary appearance before the Court, the Criminal Bench shall hold a hearing to confirm the charges on which the Prosecutor intends to seek trial. The hearing shall be held in the presence of the Prosecutor and the person charged, as well as his or her counsel.   2. The Criminal Bench may, upon request of the Prosecutor or on its own motion, hold a hearing in the absence of the person charged to confirm the charges on which the Prosecutor intends to seek trial when the person has:   (a) Waived his or her right to be present; or   (b) Fled or cannot be found and all reasonable steps have been taken to secure his or her appearance before the Court and to inform the person of the charges and that a hearing to confirm those charges will be held. In that case, the person shall be represented by counsel where the Criminal Bench determines that it is in the interests of justice.   3. Within a reasonable time before the hearing, the person shall:   (a) Be provided with a copy of the document containing the charges on which the Prosecutor intends to bring the person to trial; and   (b) Be informed of the evidence on which the Prosecutor intends to rely at the hearing.   The Criminal Bench may issue orders regarding the disclosure of information for the purposes of the hearing.   4. Before the hearing, the Prosecutor may continue the investigation and may amend or withdraw any charges. The person shall be given reasonable notice before the hearing of any amendment to or withdrawal of charges. In case of a withdrawal of charges, the Prosecutor shall notify the Criminal Bench of the reasons for the withdrawal.   5. At the hearing, the Prosecutor shall support each charge with sufficient evidence to establish substantial grounds to believe that the person committed the crime charged. The Prosecutor may rely on documentary or summary evidence and need not call the witnesses expected to testify at the trial.   6. At the hearing, the person may:   (a) Object to the charges;   (b) Challenge the evidence presented by the Prosecutor; and   (c) Present evidence.   7. The Criminal Bench shall, on the basis of the hearing, determine whether there is sufficient evidence to establish substantial grounds to believe that the person committed each of the crimes charged. Based on its determination, the Criminal Bench shall:   (a) Confirm those charges in relation to which it has determined that there is sufficient evidence, and commit the person to a trial on the charges as confirmed;   (b) Decline to confirm those charges in relation to which it has determined that there is insufficient evidence;   (c) Adjourn the hearing and request the Prosecutor to consider:   (i) Providing further evidence or conducting further investigation with respect to a particular charge; or   (ii) Amending a charge because the evidence submitted appears to establish a different crime within the jurisdiction of the Court.   8. Where the Criminal Bench declines to confirm a charge, the Prosecutor shall not be precluded from subsequently requesting its confirmation if the request is supported by additional evidence.   9. After the charges are confirmed and before the trial has begun, the Prosecutor may, with the permission of the Criminal Bench and after notice to the accused, amend the charges. If the Prosecutor seeks to add additional charges or to substitute more serious charges, a hearing under this article to confirm those charges must be held. After commencement of the trial, the Prosecutor may, with the permission of the Criminal Bench, withdraw the charges.   10. Any warrant previously issued shall cease to have effect with respect to any charges which have not been confirmed by the Criminal Bench or which have been withdrawn by the Prosecutor.

Part XI. Criminal Penalties

Article CII. Applicable penalties

1. Subject to article 77, the Court may impose one of the following penalties on a person convicted of a crime referred to in article 6 of this Statute:   (a) Imprisonment for a specified number of years, which may not exceed a maximum of 30 years; or   (b) A term of life imprisonment when justified by the extreme gravity of the crime and the individual circumstances of the convicted person.   2. In addition to imprisonment, the Court may order:   (a) A fine under the criteria provided for in the Rules of Procedure and Evidence;   (b) A forfeiture of proceeds, property and assets derived directly or indirectly from that crime, without prejudice to the rights of bona fide third parties.

Article CIII. Determination of the sentence

1. In determining the sentence, the Court shall, in accordance with the Rules of Procedure and Evidence, take into account such factors as the gravity of the crime and the individual circumstances of the convicted person.   2. In imposing a sentence of imprisonment, the Court shall deduct the time, if any, previously spent in detention in accordance with an order of the Court. The Court may deduct any time otherwise spent in detention in connection with conduct underlying the crime.   3. When a person has been convicted of more than one crime, the Court shall pronounce a sentence for each crime and a joint sentence specifying the total period of imprisonment. This period shall be no less than the highest individual sentence pronounced and shall not exceed 30 years imprisonment or a sentence of life imprisonment in conformity with article 102, paragraph 1 (b).

Article CIV. Trust Fund

1. A Trust Fund shall be established by decision of the General Assembly for the benefit of victims of crimes within the jurisdiction of the Court, and of the families of such victims.   2. The Court may order money and other property collected through fines or forfeiture to be transferred, by order of the Court, to the Trust Fund.   3. The Trust Fund shall be managed according to criteria to be determined by the General Assembly.

Article CV. Non-prejudice to national application of penalties and national laws

Nothing in this Part affects the application by States of penalties prescribed by their national law, nor the law of States which do not provide for penalties prescribed in this Part.

Part XII. Miscellaneous Provisions

Article CVI. Financing

The Registry shall establish a Bureau to manage the funds the Court receives from the Draconic Confederacy. The Presidency shall have final oversight over the budget of the Court.

Article CVII. Cases Before the Full Court

In addition to appellate power over the Appellate Bench, the en banc Court shall have original jurisdiction over all cases to which the Draconic Confederacy is a party.

Article CVIII. Settlement of Disputes

1. Any dispute concerning the judicial functions of the Court shalll be settled by the decision of the Court.   2. Any other dispute between two or more State Parties relating to the interpretation or application of this Statute which is not settled through negotiations within three months or their commencement shall be referred to the Advisory Bench. If the dispute is about a decision of the Advisory Bench, that Bench may clarify its position or reevaluate its advice.

Article CIX. Reservations

No reservations may be made to this Statute.

Article CX. Amendments

1. This Statute may be amended by a proposal submitted to the Chencellor of the Draconic Confederacy and ratified by a two-thirds vote of the General Assembly.   2. No amendment may work to criminalize conduct that was previously permitted under international law.

Article CXI. Ratification

1. This Statute shall be ratified by a seven-eigths majority vote of the General Assembly.   2. Any State which becomes a member of the Draconic Confederacy after ratification of this Statute will, by accepting the terms of its Charter, also accept the terms of this Statute.

Article CXII. Withdrawal

No State shall withdraw from this Statute without also withdrawing from the Charter of the Draconic Confederacy.

Article CXIII. Authentic Texts

The original of this Statute, of which the Dwarven, Elven, Draconic, and Halfling are equally authentic, shall be deposited with the Chancellor of the Draconic Confederacy, who shall send certified copies thereof to all States.   In Witness thereof, the undersigned, being duly authorized thereto by their respective Governments, have signed this Statute.