ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT
PART 6. THE TRIAL
Place of trial
otherwise decided, the place of the trial shall be the seat of the Court.
Trial in the presence of the accused
accused shall be present during the trial.
the accused, being present before the Court, continues to disrupt the trial,
the Trial Chamber 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 technology, 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
Functions and powers of the Trial Chamber
functions and powers of the Trial Chamber set out in this article shall
be exercised in accordance with this Statute and the Rules of Procedure
Trial Chamber 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 victims and witnesses.
assignment of a case for trial in accordance with this Statute, the Trial
Chamber assigned to deal with the case shall:
(a) Confer with 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.
4. The Trial
Chamber may, if necessary for its effective and fair functioning, refer
preliminary issues to the Pre-Trial Chamber or, if necessary, to another
available judge of the Pre-Trial Division.
notice to the parties, the Trial Chamber may, as appropriate, direct that
there be joinder or severance in respect of charges against more than one
performing its functions prior to trial or during the course of a trial,
the Trial Chamber may, as necessary:
(a) Exercise any functions of
the Pre-Trial Chamber referred to in article 61, paragraph 11;
(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) Provide for the protection
of the accused, witnesses and victims; and
(f) Rule on any other relevant
7. The trial
shall be held in public. The Trial Chamber may, however, determine that
special circumstances require that certain proceedings be in closed session
for the purposes set forth in article 68, or to protect confidential or
sensitive information to be given in evidence.
At the commencement of the trial, the Trial Chamber shall have read to
the accused the charges previously confirmed by the Pre-Trial Chamber.
The Trial Chamber 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 65 or to plead not guilty.
(b) At the trial, the presiding 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 presiding judge, the parties may submit evidence in accordance with
the provisions of this Statute.
Trial Chamber 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.
10. The Trial
Chamber 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.
Proceedings on an admission of guilt
the accused makes an admission of guilt pursuant to article 64, paragraph
8 (a), the Trial Chamber 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;
(c) The admission of guilt is
supported by the facts of the case that are contained 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;
(iii) Any other evidence, such
as the testimony of witnesses, presented by the Prosecutor or the accused.
the Trial Chamber is satisfied that the matters referred to in paragraph
1 are established, it shall consider the admission of guilt, together with
any additional evidence presented, as establishing all the essential facts
that are required to prove the crime to which the admission of guilt relates,
and may convict the accused of that crime.
the Trial Chamber 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 and may remit the
case to another Trial Chamber.
the Trial Chamber 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 Trial Chamber 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 and
may remit the case to another Trial Chamber.
5. 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.
Presumption of innocence
shall be presumed innocent until proved guilty before the Court in accordance
with the applicable law.
onus is on the Prosecutor to prove the guilt of the accused.
order to convict the accused, the Court must be convinced of the guilt
of the accused beyond reasonable doubt.
Rights of the accused
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
(a) To be informed promptly and
in detail of the nature, 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
(d) Subject to article 63, paragraph
2, 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 assistance
assigned by the Court in any case 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 on 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
of 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.
Protection of the victims and witnesses and their
participation in the proceedings
Court shall take appropriate measures to protect the safety, physical and
psychological well-being, dignity and privacy of victims and witnesses.
In so doing, the Court shall have regard to all relevant factors, including
age, gender as defined in article 7, paragraph 3, 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. These measures shall not be prejudicial to or inconsistent
with the rights of the accused and a fair and impartial trial.
an exception to the principle of public hearings provided for in article
67, the Chambers 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 electronic or other special means. In particular,
such measures shall be implemented in the case of a victim of sexual violence
or a child who is a victim or a witness, unless otherwise ordered by the
Court, having regard to all the circumstances, particularly the views of
the victim or witness.
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 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.
Victims and Witnesses Unit may advise the Prosecutor and the Court on appropriate
protective measures, security arrangements, counselling and assistance
as referred to in article 43, paragraph 6.
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 Prosecutor may, for the purposes of any proceedings conducted
prior to 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 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.
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.
testimony of a witness at trial shall be given in person, except to the
extent provided by the measures set forth in article 68 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 video or
audio technology, as well as the introduction of documents or written transcripts,
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.
parties may submit evidence relevant to the case, in accordance with article
64. The Court shall have the authority to request the submission of all
evidence that it considers necessary for the determination of the truth.
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.
Court shall respect and observe privileges on confidentiality as provided
for in the Rules of Procedure and Evidence.
Court shall not require proof of facts of common knowledge but may take
judicial notice of them.
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 antithetical to and would seriously damage the integrity of the
8. When deciding
on the relevance or admissibility of evidence collected by a State, the
Court shall not rule on the application of the State's national law.
Offences against the administration of justice
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 69, 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 a 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
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.
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.
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 territory, 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. Those authorities shall treat such cases
with diligence and devote sufficient resources to enable them to be conducted
Sanctions for misconduct before the Court
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
temporary or permanent removal from the courtroom, a fine or other similar
measures provided for in the Rules of Procedure and Evidence.
procedures governing the imposition of the measures set forth in paragraph
1 shall be those provided for in the Rules of Procedure and Evidence.
Protection of national security information
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 include those falling within the
scope of article 56, paragraphs 2 and 3, article 61, paragraph 3, article
64, paragraph 3, article 67, paragraph 2, article 68, paragraph 6, article
87, paragraph 6 and article 93, as well as cases arising at any other stage
of the proceedings where such disclosure may be at issue.
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.
in this article shall prejudice the requirements of confidentiality applicable
under article 54, paragraph 3 (e) and (f), or the application of article
a State learns that information or documents of the State are being, or
are likely 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 resolution
of the issue in accordance with this article.
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 Prosecutor, the defence or the Pre-Trial
Chamber or Trial Chamber, 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 so notify
the Prosecutor or the Court 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.
if the Court determines that the evidence is relevant and necessary for
the establishment of the guilt or innocence of the accused, 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
9 or the circumstances described in paragraph 2, and the State has invoked
the ground for refusal referred to in article 93, 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 and ex
(b) In all other circumstances:
(ii) If the Court concludes that,
by invoking the ground for refusal under article 93, 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 87, 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
(i) Order disclosure; or
(ii) To the extent it does not
order disclosure, 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
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
72. 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.
Requirements for the decision
the judges of the Trial Chamber 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 Trial Chamber
if that member is unable to continue attending.
Trial Chamber'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 the trial.
judges shall attempt to achieve unanimity in their decision, failing which
the decision shall be taken by a majority of the judges.
deliberations of the Trial Chamber shall remain secret.
decision shall be in writing and shall contain a full and reasoned statement
of the Trial Chamber's findings on the evidence and conclusions. The Trial
Chamber shall issue one decision. When there is no unanimity, the Trial
Chamber's decision shall contain the views of the majority and the minority.
The decision or a summary thereof shall be delivered in open court.
Reparations to victims
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.
Court may make an order directly against a convicted person 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 79.
making an order under this article, the Court may invite and shall take
account of representations from or on behalf of the convicted person, victims,
other interested persons or interested States.
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 93, paragraph 1.
5. A State
Party shall give effect to a decision under this article as if the provisions
of article 109 were applicable to this article.
in this article shall be interpreted as prejudicing the rights of victims
under national or international law.
the event of a conviction, the Trial Chamber 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.
where article 65 applies and before the completion of the trial, the Trial
Chamber 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.
paragraph 2 applies, any representations under article 75 shall be heard
during the further hearing referred to in paragraph 2 and, if necessary,
during any additional hearing.
sentence shall be pronounced in public and, wherever possible, in the presence
of the accused.
Part 5 || Part 7