Court Rules of God’s Court of the People

Authority and Purpose of the Rules

These Rules are made under the Founding Treaty of the God's Court of the People and govern the procedure and operation of the Court.

These Rules shall be interpreted and applied consistently with the Treaty, applicable international law, and the fundamental rights protected by the Treaty.

Where a provision of these Rules conflicts with the Treaty, the Treaty shall prevail to the extent of the conflict.

These Rules provide the procedures necessary for investigations, prosecutions, trials, sentencing, appeals, judicial review, enforcement, cooperation, and other functions of the Court.

Interpretation

The Rules shall be interpreted in a manner that gives effect to the ordinary meaning, purpose, and structure of the Treaty.

Where a procedural matter is not expressly addressed by the Treaty or these Rules, the Court may determine the appropriate procedure provided that it is consistent with the Treaty, applicable international law, and the rights of the parties.

No interpretation shall unnecessarily restrict a person's right to a fair and impartial proceeding.

Nothing in these Rules creates a criminal offence or penalty that is not lawfully established by the Treaty or another lawful source recognised by the Treaty.

Legality and Non-Retroactivity

No person shall be convicted for conduct that did not constitute an offence within the lawful jurisdiction of the Court when the conduct occurred.

No person shall receive a heavier penalty than the maximum penalty lawfully applicable when the offence was committed.

A later provision providing a lesser penalty may be applied where permitted by the Treaty and applicable law.

Procedural Rules may apply to proceedings after their entry into force provided that doing so does not materially impair the rights of the accused or conflict with the Treaty.

Individual Criminal Responsibility

Criminal responsibility before the Court is personal and arises only where the prosecution proves the person's legal responsibility for the offence charged.

A person may be responsible where that person commits an offence personally, jointly with another person, through another person, orders or directs its commission, solicits or induces its commission, assists, facilitates, aids, abets, finances, plans, prepares, or otherwise intentionally contributes to its commission, where the applicable legal elements are satisfied.

Official position, rank, public office, military status, political status, wealth, religious position, or membership of an organisation does not by itself establish or exclude criminal responsibility.

Association with a person or organisation alone shall not establish criminal responsibility.

Presumption of Innocence and Burden of Proof

Every accused person shall be presumed innocent until guilt is established by a final judicial determination.

The prosecution bears the burden of proving every element of the offence charged beyond reasonable doubt.

The accused shall not bear the burden of proving innocence.

A conviction shall not be entered where the evidence is insufficient to establish guilt beyond reasonable doubt.

Fair Trial and Judicial Independence

All proceedings shall be conducted fairly, independently, impartially, and with respect for the rights and dignity of every participant.

Judges shall determine matters independently and shall not receive instructions concerning a judicial decision from any State, organisation, official, donor, private person, or other external authority.

The accused shall have a genuine and reasonable opportunity to understand the allegations, prepare a defence, challenge the prosecution case, present evidence, question witnesses where appropriate, and make legal submissions.

Protective measures for victims, witnesses, children, vulnerable persons, confidential information, and public safety shall not unjustifiably deprive the accused of a fair opportunity to defend the case.

Equal Application of the Rules

These Rules shall apply equally to all persons subject to the jurisdiction of the Court.

No person shall receive preferential or adverse procedural treatment solely because of nationality, political position, wealth, religion, ethnicity, sex, social status, public office, military rank, royal status, or other status.

The Court may adopt proportionate procedural measures where particular circumstances require assistance to secure effective participation or protection.

No procedural rule or direction shall be applied in a manner that creates a substantive offence, increases a lawful penalty, alters capital eligibility, or removes a right guaranteed by the Treaty.

Application to Court Proceedings

These Rules shall apply, as appropriate, to preliminary assessments, investigations, charging, arrest and detention proceedings, pre-trial proceedings, trials, sentencing hearings, appeals, judicial review, retrials, enforcement proceedings, and other judicial proceedings of the Court.

A Chamber may issue procedural directions where necessary to manage a proceeding efficiently, provided that those directions are consistent with the Treaty and these Rules.

The Court may use secure remote proceedings where authorised by the Treaty and where the method of participation permits effective and fair participation by the parties.

Where these Rules regulate a matter governed substantively by the Treaty, the Treaty shall prevail and the Rule shall be applied only as the procedural implementation of that Treaty provision.

Jurisdiction of the Court

The Court shall exercise jurisdiction only within the jurisdiction conferred upon it by the Founding Treaty and applicable law recognised by the Treaty, including the jurisdictional and participation provisions applicable to separately admitted Court Parties under Article 52.

The Court shall determine at the earliest appropriate stage whether the alleged conduct falls within its subject-matter, personal, territorial, temporal, or other applicable jurisdiction.

Nothing in these Rules shall enlarge or create jurisdiction beyond that established by the Treaty.

Where jurisdiction is disputed, the Court shall determine the issue by reasoned judicial decision.

Commencement of Proceedings

Proceedings may commence only through a lawful procedure recognised by the Treaty and these Rules.

A proceeding shall identify, so far as reasonably practicable, the alleged conduct, the person or persons concerned, the basis of jurisdiction, and the legal authority under which the matter is brought before the Court.

The commencement of proceedings shall not itself constitute a finding of guilt or establish the truth of any allegation.

The Court shall maintain an official record of the commencement and procedural status of each proceeding.

Preliminary Assessment

Before opening a formal investigation, the Prosecutor may conduct a preliminary assessment of information indicating that an offence within the jurisdiction of the Court may have been committed.

The preliminary assessment may consider jurisdiction, the apparent nature and seriousness of the conduct, the reliability of available information, and whether further investigation is reasonably warranted.

A preliminary assessment shall not be treated as a determination that an offence has been committed or that any person is guilty.

Where the available information is plainly insufficient to establish a reasonable basis for further action, the matter may be closed or referred for appropriate further consideration in accordance with the Treaty and these Rules.

Opening of an Investigation

An investigation may be opened where there is a reasonable basis to believe that conduct within the jurisdiction of the Court may have occurred and that further investigation is warranted.

The decision to open an investigation shall identify the suspected conduct, the applicable jurisdictional basis, and the principal matters to be investigated.

The Prosecutor shall investigate incriminating and exonerating circumstances equally and shall not deliberately disregard evidence capable of assisting the accused.

An investigation shall be conducted independently, impartially, lawfully, and with due regard to the rights of victims, witnesses, suspects, and other affected persons.

Conduct of Investigations

The Prosecutor shall conduct investigations independently, impartially, and in accordance with the Treaty and these Rules.

Investigators shall pursue reasonably available evidence relevant to both incriminating and exonerating circumstances.

Investigations shall be conducted lawfully and with due regard to the rights, safety, dignity, and privacy of persons affected by the investigation.

Investigative measures shall be proportionate to the seriousness and circumstances of the matter under investigation.

Collection and Preservation of Evidence

Investigators shall take reasonable measures to identify, collect, preserve, document, and secure evidence relevant to the investigation.

Evidence shall be recorded in a manner sufficient to establish, so far as reasonably practicable, its source, acquisition, handling, storage, and subsequent transfer.

Digital, documentary, physical, forensic, photographic, audio, video, and other forms of evidence may be collected and preserved where lawfully obtained and relevant.

Evidence shall be protected against destruction, alteration, contamination, loss, unauthorised access, or other interference.

Investigative Records and Chain of Custody

The Prosecutor shall maintain an adequate investigative record of material investigative actions and decisions.

Material evidence shall, where practicable, be accompanied by a record identifying when, where, how, and by whom it was obtained and handled.

Any material alteration, transfer, loss, damage, or suspected compromise of evidence shall be recorded and reported through the appropriate investigative procedure.

The Court may determine the evidential consequences of a failure to comply with preservation or chain-of-custody requirements.

Investigative Orders and Warrants

Where the Treaty requires judicial authorisation for an investigative measure, the Prosecutor shall apply to the competent Chamber for the appropriate order or warrant.

An application shall identify the proposed measure, its legal basis, the material facts supporting it, its purpose, and the evidence or information relied upon.

A judicial order or warrant shall define the authorised scope of the measure and shall be executed only within that scope unless further lawful authority is obtained.

Urgent investigative measures may be undertaken without prior judicial authorisation only where expressly permitted by the Treaty or these Rules and subject to any required subsequent judicial review.

Interviews and Questioning

Investigators may interview witnesses, victims, experts, and other persons reasonably believed to possess relevant information, subject to the Treaty and these Rules.

A suspect shall be informed, before questioning, of the person's status and applicable rights where the circumstances require such notification.

No person shall be subjected to torture, cruel, inhuman, or degrading treatment, threats, coercion, or unlawful inducement to obtain information or a statement.

Material interviews and statements shall be recorded and preserved in accordance with the Court's evidential and investigative procedures.

Suspect Rights During Investigation

A suspect shall be treated as not guilty unless and until guilt is established by a final judicial determination.

A suspect shall have the rights provided by the Treaty, including the right to remain silent, the right not to be compelled to incriminate themselves, and the right to legal assistance where applicable.

Investigators shall not deliberately use investigative procedures to circumvent rights that would apply to the suspect if formally charged.

Any waiver of a protected right shall be voluntary, informed, and made in accordance with the safeguards established by the Treaty and these Rules.

Victims and Witnesses During Investigation

Investigators shall take reasonable measures to protect victims and witnesses from intimidation, retaliation, harassment, unlawful disclosure of identity, and other foreseeable harm arising from their participation.

Particular protection shall be available where the victim or witness is a child, vulnerable person, or otherwise at heightened risk.

Protective measures shall be proportionate and shall, so far as possible, preserve the reliability and fairness of the evidence.

The rights and interests of victims and witnesses shall be respected without compromising the accused person's right to a fair trial.

Closing or Continuing an Investigation

The Prosecutor may continue an investigation where further reasonable investigative steps may materially assist in determining the truth or establishing criminal responsibility.

An investigation may be closed where the available evidence does not provide a sufficient basis for further action, the Court lacks jurisdiction, or another lawful ground for closure exists.

Closure of an investigation shall not prevent reopening where new material evidence or another lawful basis subsequently arises.

Material decisions to open, continue, suspend, close, or reopen an investigation shall be recorded with sufficient reasons for later judicial or procedural review.

For every qualifying serious, grave, multiple-victim, systematic, international or leadership investigation, the Court shall conduct a judicial case call or review within three years of commencement. The review shall record jurisdiction, progress, evidence and disclosure, victim and witness protection, cooperation, asset and evidence preservation, delay, proposed or existing charges and lawful next steps. Continued investigation requires recorded reasons and a further review point where appropriate. The three-year requirement is not an automatic dismissal, limitation period, termination of accountability or presumption of guilt.

Identification of a Suspect

Where the Prosecutor has reasonable grounds to believe that a person may be criminally responsible for conduct within the jurisdiction of the Court, that person may be identified as a suspect.

Identification as a suspect shall not constitute a finding of guilt or a determination that the person committed an offence.

The Prosecutor shall record the factual and legal basis for identifying a person as a suspect.

A suspect shall retain all applicable rights under the Treaty and these Rules throughout the investigation and prosecution.

Notice of Allegations

A person against whom formal allegations are made shall be informed, in sufficient detail and as early as reasonably practicable, of the conduct alleged and the legal basis of the allegation.

The information provided shall be sufficiently clear to enable the person to understand the nature and cause of the allegations and to prepare a defence.

Where an allegation is amended or materially supplemented, the person concerned shall be given reasonable notice and an opportunity to respond.

No person shall be convicted of an offence on the basis of conduct or a material legal allegation of which the accused was not given a fair opportunity to defend.

Decision to Prosecute

The Prosecutor may commence a prosecution where the available evidence provides a sufficient legal and evidential basis to proceed under the Treaty and these Rules.

The Prosecutor shall assess both the evidence supporting the allegations and material evidence capable of supporting the accused.

The decision to prosecute shall identify the proposed charges, the material facts relied upon, and the jurisdictional basis of the prosecution.

A decision to prosecute shall not prevent the Court from requiring further particulars, additional investigation, amendment of charges, or other lawful procedural measures.

Form and Particulars of Charges

A charge shall identify the offence alleged, the essential legal elements relied upon, the material conduct alleged, the approximate time and place where reasonably ascertainable, and the person alleged to be responsible.

Where an offence requires a particular intent, knowledge, purpose, circumstance, status, consequence, or other legal element, the charge shall identify that element sufficiently to permit the accused to understand the case to be answered.

Charges involving multiple victims, multiple acts, organised conduct, systematic conduct, or other circumstances relevant to criminal responsibility or sentencing shall identify the material facts relied upon.

The charging document shall identify the specific Treaty offence, material conduct, required circumstances and consequences, mental element, jurisdictional or contextual elements, mode of liability, and any aggravating or capital-eligibility facts relied upon. Where the charge alleges unlawful initiation of armed conflict (aggression) or serious organised criminal activity, every special element established by Article 11 shall be identified expressly. The charging document shall apply the express Treaty elements and shall not add any threshold not established by the Treaty.

Joinder and Separation of Charges

Charges against the same accused may be joined where they arise from the same facts, a connected course of conduct, or circumstances sufficiently related to permit a fair and efficient determination.

The Court may order separate trials or proceedings where joinder would cause unfair prejudice, confusion, unreasonable delay, or another substantial impairment of a fair proceeding.

Separate offences shall remain legally distinct even where they arise from the same conduct or are tried together.

The joinder of charges shall not permit the Court to impose a conviction for an offence whose legal elements have not been separately established.

Amendment of Charges

The Prosecutor may seek to amend a charge where the evidence or legal characterisation of the conduct requires amendment.

An amendment shall be permitted only where the accused is given sufficient notice and a reasonable opportunity to prepare and present a defence.

Where an amendment materially changes the factual or legal case, the Court may grant additional preparation time, adjourn the proceeding, permit further investigation, or make another order necessary to secure fairness.

No amendment shall be used to circumvent the requirements of legality, jurisdiction, non-retroactivity, or fair trial.

Withdrawal or Discontinuance of Charges

The Prosecutor may seek withdrawal or discontinuance of a charge where the evidential or legal basis for continuing it is no longer sufficient or another lawful ground exists.

The Court may require reasons for a proposed withdrawal or discontinuance where necessary to protect the integrity of the proceedings or the interests of justice.

Withdrawal or discontinuance shall not constitute an acquittal unless the Court expressly determines that the applicable legal requirements for an acquittal have been satisfied.

A withdrawn or discontinued charge may be reinstated only where permitted by the Treaty and these Rules and where doing so does not unlawfully prejudice the accused.

Disclosure by the Prosecution

The Prosecutor shall disclose to the defence material evidence and information required by the Treaty and these Rules, subject to lawful protective measures.

The disclosure obligation includes material capable of supporting the prosecution case and material reasonably capable of assisting the accused or undermining the prosecution case.

Disclosure shall be made sufficiently in advance of trial to permit the defence a reasonable opportunity to examine the material and prepare its response.

Where disclosure is restricted for a lawful protective reason, the Court shall consider appropriate measures that preserve both the protected interest and the accused person's right to a fair trial.

Prosecution Duties of Fairness

The Prosecutor shall act as an officer of the Court and shall seek the fair determination of the truth rather than conviction at any cost.

The Prosecutor shall not knowingly present false evidence, deliberately mislead the Court, conceal material exculpatory information, or use unlawful investigative or prosecutorial methods.

Where the Prosecutor becomes aware of material evidence indicating that an accused person may not be criminally responsible, that evidence shall be dealt with in accordance with the disclosure and continuing duties established by the Treaty and these Rules.

A breach of prosecutorial duties may result in judicial directions, evidential remedies, disciplinary measures, or other remedies authorised by the Treaty and these Rules.

The Office shall operate its independent international evidence-receipt channel so that States, Court Parties, other States, international organisations, humanitarian organisations, human-rights organisations, civil-society organisations, victims, witnesses, and other lawful sources may submit material without becoming entitled to direct prosecutorial or judicial outcomes. The Prosecutor shall independently assess, preserve, develop, disclose, or tender such material in accordance with the Treaty, the Rules, and fair-trial safeguards.

Pre-Trial Confirmation of Charges

Before a case proceeds to trial, the competent Chamber shall determine whether the charges and available evidence satisfy the applicable threshold established by the Treaty and these Rules.

The Chamber may confirm charges, require further particulars, reject insufficient charges, permit lawful amendment, or order further investigation where necessary.

Confirmation of charges is a procedural determination and shall not constitute a finding of guilt.

The accused shall be given a reasonable opportunity to contest the charges before confirmation where the applicable procedure requires such a hearing.

Arrest Warrants

A warrant for the arrest of a person shall be issued only where the competent judicial authority is satisfied that the legal requirements established by the Treaty and these Rules are met.

An application for an arrest warrant shall identify the person sought, the alleged offence or offences, the factual basis supporting the request, and the jurisdictional basis of the Court.

The warrant shall identify the offences for which it is issued and shall contain sufficient information to permit lawful execution.

An arrest warrant shall not constitute a determination of guilt.

Execution of Arrest Warrants

An arrest warrant shall be executed by an authorised enforcement authority in accordance with the Treaty, applicable cooperation arrangements, and these Rules.

The person arrested shall be informed, as soon as reasonably practicable, of the existence and basis of the warrant and of the person's applicable rights.

An arrest shall be carried out using no more force than reasonably necessary in the circumstances.

The executing authority shall make a record of the arrest, including the date, place, authority responsible, and material circumstances of execution.

Rights of an Arrested Person

An arrested person shall be treated humanely and with respect for their dignity and applicable legal rights.

An arrested person shall have the right to remain silent, the right not to be compelled to incriminate themselves, and the right to legal assistance in accordance with the Treaty and these Rules.

The arrested person shall be informed of the allegations forming the basis of the arrest sufficiently to understand the reason for detention.

The arrested person shall be brought before the competent judicial authority without undue delay where judicial review of detention is required.

Initial Judicial Review of Detention

The competent Chamber shall review the lawfulness of detention at the earliest appropriate opportunity.

The Chamber shall determine whether the arrest was lawfully authorised and whether continued detention is justified under the Treaty and these Rules.

Where continued detention is not lawfully justified, the Court shall order release subject to any lawful conditions that may be imposed.

A decision concerning detention shall be reasoned and recorded in the official proceedings.

Pre-Trial Detention

Pre-trial detention shall not be imposed as punishment and shall be used only where authorised by the Treaty and justified by the circumstances of the case.

Relevant considerations may include the risk of flight, interference with evidence or witnesses, obstruction of proceedings, commission of further serious offences, or other substantial risks recognised by law.

The Court shall consider whether less restrictive measures can adequately address the identified risks.

Continued detention shall be subject to periodic judicial review.

Release and Conditions of Release

Where continued detention is not necessary or lawfully justified, the Court shall consider release pending further proceedings.

The Court may impose proportionate conditions reasonably necessary to secure attendance, protect victims or witnesses, preserve evidence, or prevent obstruction of justice.

Conditions of release shall not be imposed as punishment before conviction.

A breach of a lawful condition may result in further judicial measures in accordance with the Treaty and these Rules.

Surrender to the Court

A person subject to a valid arrest warrant may be surrendered or transferred to the custody of the Court in accordance with the Treaty and applicable cooperation arrangements.

The receiving authority shall verify the identity of the person surrendered and record the transfer of custody.

The Court shall maintain a continuous custody record from the time the person enters its custody until release, transfer, or completion of the applicable sentence.

Surrender shall not prevent the accused from challenging the legality of the arrest or detention through the procedures provided by the Treaty and these Rules.

Challenges to Arrest or Detention

An accused person may challenge the legality of arrest or detention where a lawful basis for such a challenge exists.

The Chamber may examine the warrant, execution of the arrest, conditions of detention, compliance with applicable rights, and other relevant circumstances.

Where a material violation is established, the Court may order release, exclude or restrict the use of affected evidence where legally appropriate, provide another procedural remedy, or make another lawful order.

A defect in arrest or detention shall not by itself determine the accused person's guilt or innocence.

Court Enforcement Officers — Service Functions

A person in the custody of the Court may be transferred between authorised detention facilities or authorities where necessary for security, medical care, judicial proceedings, enforcement, or another lawful purpose.

Every transfer shall be authorised and recorded, including the identity of the transferring and receiving authorities and the date and place of transfer.

Transfers shall be conducted humanely and without unlawful treatment.

The Court shall retain responsibility for ensuring that applicable custody safeguards continue throughout any transfer under its authority.

Detention Records and Custody Safeguards

The Court shall maintain accurate records concerning the custody, detention, transfer, release, and other material status changes of persons held under its authority.

A detained person shall have reasonable access to legal assistance, necessary medical care, and communication with authorised representatives in accordance with the Treaty and these Rules.

The Court shall take reasonable measures to prevent torture, cruel, inhuman, or degrading treatment, unlawful coercion, disappearance, or unauthorised access to detained persons.

Material complaints concerning detention conditions or treatment shall be recorded and dealt with through an appropriate judicial, administrative, or accountability procedure.

Pre-Trial Proceedings

Following confirmation of charges, the Chamber shall establish the procedural steps necessary to prepare the case for a fair and orderly trial.

The Chamber may issue directions concerning disclosure, evidence, witnesses, expert evidence, legal submissions, agreed facts, preliminary legal issues, and other matters necessary for trial preparation.

The parties shall comply with lawful procedural directions within the time limits established by the Chamber.

The Chamber shall ensure that trial preparation does not unnecessarily delay proceedings or prejudice the rights of any party.

Pre-Trial Conferences

The Chamber may convene one or more pre-trial conferences to identify and resolve procedural or evidential matters before trial.

The parties shall identify, so far as reasonably practicable, matters in dispute, matters capable of agreement, proposed witnesses, documentary evidence, expert evidence, and anticipated legal issues.

The Chamber may establish a timetable for remaining pre-trial steps and may make directions necessary to secure an efficient and fair trial.

A pre-trial conference shall not determine guilt unless the Treaty expressly permits a judicial determination without a trial and all applicable safeguards are satisfied.

Disclosure by the Defence

The defence shall provide such notices, materials, or information as are required by the Treaty or these Rules, subject to applicable privilege and protected rights.

Where the defence intends to rely upon expert evidence, the Chamber may require reasonable notice and disclosure of the expert's report and qualifications.

The defence shall not be required to disclose material solely for the purpose of establishing its own innocence where such disclosure would unlawfully undermine a protected right.

The Chamber may issue proportionate directions concerning defence disclosure where necessary for a fair and orderly trial.

Defence Preparation and Legal Representation

An accused person shall have adequate time and facilities to prepare the defence.

The accused shall be entitled to legal representation in accordance with the Treaty and these Rules.

Where an accused person cannot reasonably secure effective legal representation and the Treaty requires assistance, the Court shall take appropriate measures to facilitate representation.

The Court shall take reasonable measures to ensure that language, communication, disability, or other material barriers do not prevent effective participation in the defence.

Witness Lists and Evidence for Trial

The parties shall identify intended witnesses and material evidence within the time directed by the Chamber, subject to lawful exceptions.

A party seeking to introduce evidence not previously identified shall provide an explanation for the late disclosure and the Chamber shall determine whether and on what conditions the evidence may be admitted.

The Chamber may limit unnecessary duplication of evidence where doing so does not prejudice a party's right to present or challenge the case.

The identity and location of protected witnesses may be withheld or restricted where authorised protective measures require it.

Expert Evidence

The Court may receive expert evidence where specialised knowledge may assist the Chamber in determining a relevant issue.

An expert shall state their qualifications, the matters considered, the methods used, and the conclusions reached.

The Chamber may appoint an independent expert where necessary to assist in resolving a specialised issue fairly and impartially.

Expert evidence shall remain subject to examination, challenge, and assessment by the Chamber in accordance with the applicable evidential Rules.

Pre-Trial Evidential Applications

A party may apply before trial for a ruling concerning the admissibility, relevance, preservation, protection, or presentation of evidence.

The Chamber may determine such an application before trial where doing so would assist efficient and fair proceedings.

Where determination before trial would be premature, the Chamber may reserve the issue for determination during the trial.

A pre-trial ruling shall not prevent reconsideration where materially new evidence or circumstances arise.

Protection of Confidential and Sensitive Information

The Court may restrict access to information where necessary to protect victims, witnesses, children, vulnerable persons, national security interests lawfully recognised by the Treaty, confidential sources, or other protected interests.

Any restriction shall be no broader than reasonably necessary to protect the identified interest.

Where protected information is relevant to the defence, the Chamber shall consider whether disclosure, redaction, protective handling, summaries, or another lawful measure can preserve the accused person's fair-trial rights.

Confidentiality shall not be used to conceal evidence of unlawful conduct by a party or to prevent the Court from carrying out its judicial responsibilities.

Readiness for Trial

The Chamber shall determine when the case is ready to proceed to trial after considering the status of disclosure, representation, evidence, witnesses, preliminary applications, and other necessary matters.

The Chamber may postpone commencement where proceeding would materially prejudice the fairness of the trial.

The Chamber shall establish the date, time, location, or authorised remote arrangements for the trial.

The parties shall be given reasonable notice of the trial arrangements.

Trial Management Directions

The presiding judge shall have authority to manage the conduct of the trial in accordance with the Treaty and these Rules.

The Chamber may establish reasonable time limits, sequence proceedings, prevent repetitive questioning, regulate the presentation of evidence, and make directions necessary for an orderly hearing.

Trial management powers shall be exercised impartially and shall not prevent either party from presenting or challenging material evidence or legal argument.

The Chamber shall record material procedural directions and rulings in the official record.

Commencement of Trial

A trial shall commence when the competent Chamber formally opens the hearing and confirms the identity of the accused and the charges to be determined.

The Chamber shall confirm that the accused has been given adequate notice of the charges and a reasonable opportunity to prepare a defence.

The prosecution shall present its case in accordance with the order directed by the Chamber.

The accused shall remain presumed innocent throughout the trial until guilt is established by a final judicial determination.

Opening Statements

The Chamber may permit the prosecution and defence to make opening statements identifying the issues they intend to establish or contest.

An opening statement shall not itself constitute evidence.

The Chamber may regulate the length and scope of opening statements to ensure orderly proceedings.

The prosecution shall not present as established facts matters that have not yet been proved by admissible evidence.

Presentation of the Prosecution Case

The prosecution shall present the evidence upon which it relies to establish each element of the charges beyond reasonable doubt.

The prosecution may call witnesses, present documentary, physical, digital, forensic, expert, or other admissible evidence, and make legal submissions.

The defence shall have a reasonable opportunity to challenge prosecution evidence in accordance with these Rules.

The Chamber shall remain impartial and shall determine the weight and reliability of evidence independently.

Presentation of the Defence Case

After the prosecution has presented its case, the accused shall have a reasonable opportunity to present the defence case.

The accused shall not be required to give evidence or to prove innocence.

The defence may call witnesses, present documentary, physical, digital, forensic, expert, or other admissible evidence, and make legal submissions.

The Chamber shall not draw an adverse inference from the accused's lawful exercise of the right to remain silent.

Witness Examination

Witnesses shall give evidence under procedures established by the Chamber and these Rules.

A party calling a witness may examine that witness, subject to reasonable judicial control.

The opposing party shall have a reasonable opportunity to cross-examine the witness on matters relevant to the proceedings.

The Chamber may question a witness where necessary to clarify evidence, provided that it remains impartial.

Witness Competence and Testimony

A person may give evidence where the Chamber determines that the person is capable of providing relevant and sufficiently reliable testimony.

The Chamber shall consider the circumstances affecting a witness's ability to perceive, remember, communicate, or accurately describe relevant events.

A witness's age, vulnerability, relationship to a party, interest in the proceedings, or other circumstance shall be considered when assessing reliability but shall not automatically determine credibility.

The Chamber shall determine the weight to be given to testimony after considering all relevant circumstances.

Protection of Witnesses During Trial

The Chamber may order protective measures where reasonably necessary to protect a witness or victim from intimidation, retaliation, harassment, trauma, or other serious harm.

Protective measures may include restrictions on disclosure of identifying information, remote testimony, screening, changes to the manner of questioning, or other proportionate measures authorised by the Treaty and these Rules.

Where protective measures affect the ability of the defence to challenge evidence, the Chamber shall adopt safeguards necessary to preserve a fair trial.

A witness shall not be prevented from giving material evidence solely because participation may be difficult where reasonable protective measures can adequately address the identified risk.

Admission and Assessment of Evidence

The Chamber shall admit evidence in accordance with the Treaty and the Rules governing evidence.

Evidence shall be relevant to an issue in the proceedings and sufficiently reliable to assist the Chamber in determining that issue, subject to specific provisions governing admissibility.

The Chamber may exclude evidence where its admission would materially undermine the fairness or integrity of the proceedings or where exclusion is otherwise required by the Treaty or these Rules.

The Chamber shall determine the weight and probative value of admitted evidence independently and shall consider the evidence as a whole.

Improperly Obtained Evidence

Where evidence was obtained through a serious violation of the Treaty, these Rules, or protected rights, the Chamber shall determine whether the evidence may lawfully be admitted.

In determining whether to admit such evidence, the Chamber shall consider the seriousness of the violation, its effect upon reliability, the importance of the evidence, and the effect of admission upon the fairness and integrity of the proceedings.

Evidence obtained through torture or other conduct fundamentally incompatible with the rights protected by the Treaty shall not be used to establish guilt.

The exclusion or limitation of evidence shall not prevent the Court from investigating or addressing the conduct through an appropriate lawful procedure.

Closing of the Evidence and Final Submissions

After the parties have completed the presentation of evidence, the Chamber shall determine whether the evidential phase of the trial is closed.

The prosecution and defence shall have a reasonable opportunity to make final legal submissions on the evidence, applicable law, charges, and any other matters properly before the Chamber.

The prosecution bears the burden of establishing guilt beyond reasonable doubt and shall retain that burden throughout the determination of the case.

After final submissions, the Chamber shall proceed to deliberation and judgment in accordance with the Treaty and these Rules.

Judicial Deliberations

After the close of final submissions, the judges shall deliberate privately and independently on the evidence, applicable law, charges, and submissions properly before the Chamber.

No person who is not authorised to participate in the deliberations shall be present or participate except as expressly permitted by the Treaty or these Rules.

Each judge shall independently consider the evidence and applicable law and shall not surrender judicial judgment to external influence or instruction.

The Chamber shall ensure that its deliberations remain confidential except to the extent disclosure is required by the Treaty, these Rules, or a lawful judicial order.

Determination of Guilt

The Chamber shall determine separately whether the prosecution has proved each charge and each essential element of that charge beyond reasonable doubt.

A person may be convicted only where the evidence establishes the person's individual criminal responsibility for the offence charged beyond reasonable doubt.

Where the prosecution fails to establish an essential element of a charge beyond reasonable doubt, the accused shall not be convicted of that charge.

The Chamber shall base its determination on the evidence properly admitted and the law applicable to the proceedings.

Verdict

The Chamber shall deliver a verdict of guilty or not guilty for each charge determined at trial.

The verdict shall identify the charges determined and shall state the legal and factual basis for the determination.

A verdict of not guilty shall result where the prosecution has failed to prove the charge beyond reasonable doubt.

The verdict shall be entered into the official record of the Court.

Reasoned Judgment

A judgment shall provide sufficient reasons to explain the Chamber's findings of fact, application of law, assessment of material evidence, and determination of each charge.

Where the accused is convicted, the judgment shall identify the offence or offences established and the legal basis for criminal responsibility.

Where the accused is acquitted, the judgment shall identify the charge or charges not proved or the other legal basis for acquittal.

The judgment shall address material submissions of the parties where necessary to explain the determination.

Separate Opinions

A judge who disagrees with the majority determination may record a separate or dissenting opinion in accordance with the procedures of the Court.

A separate opinion shall identify the matters on which the judge disagrees and may provide alternative findings or reasoning.

A separate opinion shall not alter the binding effect of the judgment of the Chamber.

The existence of a separate opinion shall be recorded with the judgment.

Acquittal and Release

Where an accused person is acquitted of all charges and no lawful basis for continued detention exists, the Court shall order release without undue delay.

An acquitted person shall not remain detained as punishment for conduct that has not been established as a criminal offence for which the person is lawfully convicted.

Release may be subject only to a lawful and independently justified basis recognised by the Treaty or applicable law.

The Court shall record the acquittal and any order concerning release in the official proceedings.

Sentencing Hearing

Where an accused person is convicted, the Chamber shall conduct or direct a sentencing determination in accordance with the Treaty and these Rules.

The prosecution and defence shall have a reasonable opportunity to present submissions and evidence relevant to sentence.

The Chamber shall consider the offence proved, the circumstances of its commission, the role and responsibility of the convicted person, harm caused, aggravating circumstances, mitigating circumstances, and other matters authorised by the Treaty.

No sentence shall be imposed except as authorised by the Treaty and applicable law.

Individualised Sentencing

Sentence shall be determined individually for each convicted person and each offence for which conviction has been entered.

The Chamber shall distinguish the legal consequences of separate offences even where several offences arise from the same conduct.

The sentence shall be proportionate to the gravity of the offence and the degree of criminal responsibility established against the convicted person.

Where multiple offences or victims are involved, the Chamber shall expressly consider their cumulative significance when determining the lawful sentence.

For sentencing, the Court shall record the convicted person’s age at the time of the offence and apply the Treaty developmental-age framework. Persons under fourteen at the time of the offence are below the minimum age of criminal responsibility and shall not be held criminally responsible in a criminal proceeding under the Treaty. Persons aged fourteen to seventeen are protected children/adolescents and are subject to all applicable child-justice safeguards. Persons aged eighteen to twenty-three remain adults but receive the protected-young-adult developmental and vulnerability considerations expressly authorised by the Treaty. A protected young adult remains eligible for capital sentencing only where the offence is independently capital-eligible and every capital condition is proved, and the additional capital safeguards required by the Treaty are applied.

6. Where the evidence establishes a legally relevant role or level of responsibility, the sentencing record shall distinguish the person's actual role, which may include direct perpetrator, joint perpetrator, leader or commander, organiser, recruiter, financier, facilitator, aider or abettor, or another mode of liability expressly recognised by the Treaty. The record shall identify the evidence supporting that role and shall distinguish it from rank, title, office, seniority, political or military status, or organisational membership. Rank or status alone shall not establish criminal responsibility, command responsibility, aggravation, or a higher sentence.

7. The sentencing record shall apply the offence-specific time architecture of Article 16: each proven offence and victim is sentenced at conviction; capital sentences trigger the applicable automatic appellate review safeguards before enforcement; qualifying serious investigations receive the required three-year judicial case review; and unresolved enforcement or restoration may be brought before the Court under the post-judgment review architecture established by the Treaty and these Rules. These review points are not limitation periods and do not erase a distinct offence or permit double punishment.

The sentencing record shall state the offender's age at the time of the offence using the Treaty categories: under 14; 14–17 protected child/adolescent; 18–23 protected young adult; and 24+ ordinary adult.

A person aged 18–23 remains an adult for legal capacity and responsibility. Developmental vulnerability, coercion, dependency, grooming, recruitment, trafficking and exploitation may be considered where proved and where the Treaty permits.

The protected 18–23 category is adult status and does not itself bar or create capital eligibility; Article 16 capital conditions control.

The Court shall distinguish actual proven role from rank, title, office, seniority, political or military status or organisational membership. Rank or status alone shall not establish criminal responsibility, command responsibility, aggravation or a higher sentence.

A genuine close-in-age relationship shall not become criminal solely because one participant subsequently reaches eighteen. The Court shall assess the relationship and any alleged conduct by reference to the actual evidence and the express elements of the Treaty. This Rule does not create a new sexual-consent rule and does not remove any offence or protection expressly established by the Treaty.

Aggravating and Mitigating Circumstances

Aggravating circumstances may include multiple victims, multiple deaths, extreme or prolonged cruelty, targeting of children or particularly vulnerable persons, abuse of authority, organised or systematic criminal conduct, repeated offending, leadership or command responsibility, and other circumstances expressly recognised by law.

Mitigating circumstances may include limited participation, substantial cooperation with the Court, assistance in establishing the truth, genuine remorse, efforts to assist victims, age at the time of the offence, and other lawful circumstances reducing individual culpability.

An aggravating circumstance shall not be counted more than once where it has already formed an essential element of the offence or has otherwise already been reflected in the applicable sentencing range.

The Chamber shall state the material aggravating and mitigating circumstances relied upon in determining sentence.

Sentencing Order

A sentencing order shall identify each conviction, the sentence imposed for each offence, the legal basis for the sentence, and any lawful ancillary orders.

The sentence may include imprisonment, life imprisonment, a fine or financial penalty where authorised, restitution or reparation, confiscation of assets, disqualification from specified positions or activities where authorised, or another lawful penalty established by the Treaty.

Where sentences are imposed for multiple offences, the Chamber shall state whether they are to be served concurrently or consecutively and the legal reasons for that determination.

The sentencing order shall be entered into the official record and communicated to the convicted person and the parties.

Applicable Sentences and Offence-Specific Sentencing Schedule

The Court may impose only a sentence expressly authorised by the Treaty. The following offence-specific sentencing ranges give effect to Article 16 and shall be applied unless a later lawful Treaty amendment expressly changes them: genocide: not less than twenty years and up to life imprisonment; crimes against humanity: not less than ten years and up to life imprisonment; war crimes: not less than five years and up to thirty years, or life imprisonment where Article 16.39 permits life; murder: not less than ten years and up to life imprisonment; aggravated murder: life imprisonment where the aggravating elements justify it; rape, rape of a child, sexual enslavement, forced prostitution, forced pregnancy, forced sterilisation, and other serious sexual violence: not less than ten years and up to life imprisonment, subject to any separate capital eligibility expressly established by Article 16; child sexual exploitation or abuse: not less than ten years and up to life imprisonment in the grave circumstances identified by Article 16.41; human trafficking and sex trafficking: not less than seven years and up to thirty years, or life imprisonment for aggravated trafficking; abduction or kidnapping: not less than five years and up to twenty-five years, or life imprisonment for aggravated conduct; torture: not less than ten years and up to life imprisonment; and enforced disappearance: not less than ten years and up to life imprisonment. Forced enlistment or forced military participation, where established as a Treaty offence: not less than ten years and up to life imprisonment; forced labour, coercive recruitment, and organised exploitation, where established as Treaty offences: not less than five years and up to twenty years, with life imprisonment for exceptionally grave cases where the Treaty permits. These offences are non-capital standing alone. Repeated, prolonged, systematic or intergenerational offending may aggravate sentence where separately proven and lawfully connected to the offence.

The following additional sentencing rules apply: unlawful initiation of armed conflict (aggression): a custodial sentence proportionate to the gravity, character, scale, leadership responsibility, and harm, 10–30 years' imprisonment, or life imprisonment for exceptionally grave cases under Article 16; serious organised criminal activity: a custodial sentence proportionate to the accused’s role, the seriousness and number of underlying offences, duration, participants or victims, benefit, cross-border character, abuse of authority, and harm, 5–20 years' imprisonment, or life imprisonment for exceptionally grave cases under Article 16; offences against the administration of the Court: imprisonment of up to fifteen years, fines, restitution, confiscation, or a lawful combination; murder of a child: the ordinary murder range and, where every Article 16 requirement is satisfied, possible capital sentencing; aggravated mass murder: the murder range up to life imprisonment and, where every Article 16 requirement is satisfied, possible capital sentencing; wilful killing as a war crime: the war-crime range and possible capital sentencing only as expressly permitted by Article 16.39 and Article 16.23(c); other war crimes listed in Article 11.60: not less than five years and up to thirty years, or life imprisonment where Article 16.39 permits life; other crimes against humanity listed in Article 11.9: not less than ten years and up to life imprisonment, with capital sentencing unavailable except for qualifying murder or extermination involving intentional killing under Article 16.23(b); and any offence resulting in death shall be sentenced according to the offence actually proved, with intentional killing distinguished from other causation. Multiple victims, multiple deaths, repeated offending, organised or systematic conduct, children, extreme cruelty, abuse of authority, serious injury, and other Treaty-recognised aggravating circumstances shall be expressly considered without double-counting an element already included in the offence or range. The obsolete label “unlawful initiation or conduct of armed conflict” shall not be used as a charge or sentence label; the operative offence is “unlawful initiation of armed conflict (aggression)” under Article 11.17–11.19. “Serious violation of international law” likewise cannot create an offence by itself under Article 11.22. No label or descriptive phrase may create an offence without express Treaty elements and penalty.

Attempted offences shall ordinarily receive a sentence below the completed offence unless the Treaty expressly provides otherwise. Aiding, abetting, ordering, soliciting, inducing, conspiracy, incitement, intentional common-purpose participation, and other modes of liability shall receive proportionate sentences based on the person's actual contribution and the mental and legal elements proved. Command or superior responsibility shall be sentenced proportionately to the superior's own proven responsibility and shall not itself create capital eligibility. For unlawful initiation of armed conflict (aggression), the leadership and control requirement in Article 11 must be proved separately. For serious organised criminal activity, the organised-group, serious-offence, intentional-contribution, knowledge, and applicable jurisdictional elements must each be proved separately. Where several offences are proved, each conviction and its applicable range shall be determined separately before the Court decides whether lawful sentences are concurrent or consecutive. No Rule, guideline, domestic law, or enforcement practice may increase a Treaty maximum, create a new offence, or create capital eligibility.

Age rules shall be applied expressly. A child is a person under eighteen for Treaty purposes unless this Treaty expressly provides otherwise for a specific lawful purpose. The minimum age of criminal responsibility is fourteen years at the time of the conduct. A person who was under fourteen at the time of the conduct shall not be held criminally responsible in a criminal proceeding under this Treaty, regardless of the seriousness or gravity of the alleged conduct. Where age cannot be established and it cannot be proved that the person was at least fourteen at the time of the conduct, criminal responsibility shall not be imposed on the basis of an unproved age. Persons aged fourteen to seventeen are protected children/adolescents; persons aged eighteen to twenty-three are protected young adults and remain adults for legal capacity and criminal responsibility; persons aged twenty-four and above are ordinary adults. The capital-sentencing age rule remains that a person who was under eighteen at the time of the offence shall not be sentenced to death. Age affecting mitigation, capacity, vulnerability, responsibility, rehabilitation, or sentencing shall be applied in accordance with the Treaty.

5. The sentencing record shall include the applicable time point for each stage: (a) the date of conviction and sentence for each proven offence and separately proven victim; (b) the commencement of any automatic appellate review following a capital sentence; (c) the next judicial case-call/review date required by the three-year investigation-review architecture; (d) any post-judgment review date or trigger where enforcement or restoration remains unresolved; and (e) each judicially ordered medical or secure-treatment review date. These are accountability and administration dates, not prosecution limitation periods, and no date may be used to extinguish criminal responsibility or permit double punishment contrary to the Treaty.

The offence-specific sentencing schedule shall remain subordinate to Article 16 of the Treaty.

The schedule shall record the ordinary sentence, aggravated sentence where authorised, capital eligibility where expressly authorised by the Treaty, and the sentencing questions expressly settled by the Treaty.

No Rule may create a new offence, increase a Treaty maximum, create capital eligibility, or amend substantive Treaty law.

Multiple Offences and Multiple Victims

Where a convicted person is found guilty of multiple offences, the Chamber shall determine the sentence applicable to each offence before determining the overall sentencing order.

Where one course of conduct results in multiple deaths, multiple serious injuries, or multiple victims, the Chamber shall expressly consider the number and seriousness of the resulting harms.

Where the law establishes an aggravated offence or enhanced penalty based upon multiple victims or deaths, the Chamber shall apply that provision where its legal elements have been proved.

No person shall receive an aggravated sentence based solely upon a circumstance that has not been proved in accordance with the applicable standard of proof.

Each separately proven offence and victim shall remain identifiable in the judgment and sentencing record even where the offences arise from a connected course of conduct. The Court may consider the connected course for gravity, aggravation and totality. For this purpose, mass offending is not confined to simultaneous victims or a single event. Repeated, prolonged, systematic or intergenerational offending may constitute accumulated mass harm where individual offences and individual responsibility are proved, including repeated grave offences by one person against members of the same family across successive generations. Victim numbers, pattern evidence, repetition, duration or generational consequences shall not substitute for proof of the underlying offence or the accused person's individual responsibility. The binding numerical mass-casualty bands in Article 16.63 are aggravating indicators only and do not create automatic capital punishment. They apply only after the underlying offences, victims or casualties and individual responsibility are separately proved.

6. Accumulated mass offending or mass harm shall not by itself establish the separate offence of aggravated mass murder. The elements of Article 11.38 must be proved for that offence. Where those elements are not proved, separately proven repeated, prolonged, systematic, organised, or intergenerational offences may still be considered cumulatively for gravity, aggravation and totality under the offences actually established.

Each proven offence and each separately proven victim shall remain identifiable in the judgment and sentencing record.

Repeated, prolonged, systematic, organised or intergenerational offending may be considered for gravity, aggravation and lawful totality, but pattern evidence shall not replace proof of the individual offence and responsibility.

Article 16.63 establishes bands of 3–5, 6–10, 11–25, 26–99 and 100+ as binding aggravating sentencing indicators. They do not create automatic capital punishment.

Attempted Offences

A person may be convicted of an attempted offence only where the Treaty elements of attempt are established beyond reasonable doubt. Attempt requires a substantial step toward commission of the underlying offence together with the intent to complete that offence. Voluntary and complete abandonment may have the effect provided by the Treaty, but does not erase responsibility for another completed offence already committed.

The Chamber shall identify separately the underlying offence attempted, the conduct constituting the substantial step, the required mental element, and any consequence legally attributable to the accused.

An attempted offence shall be sentenced below the completed offence unless the Treaty expressly provides otherwise. An attempt to commit a capital-eligible offence is not itself capital-eligible unless the Treaty expressly says so.

Where an attempt also establishes another completed offence, the Court may convict and sentence for that completed offence in accordance with the Treaty and the rules governing multiple offences.

Participation and Modes of Liability

A person may be convicted on a particular mode of liability only where every legal element of that mode is proved beyond reasonable doubt. The Court shall distinguish direct or joint commission, ordering, soliciting, inducing, aiding or abetting, conspiracy, incitement, intentional contribution to a common purpose, and other modes expressly established by the Treaty.

Conspiracy is a mode of participation only where the specific underlying Treaty offence is in fact committed or attempted. Incitement applies generally to Treaty offences but criminal responsibility requires the specific offence incited to be in fact committed or attempted. The Article 11 mental and conduct requirements for each mode must be proved separately; lawful discussion, political expression, opinion, association, or support is not criminal responsibility by itself.

The prosecution shall prove the mental element applicable to the selected mode of liability and shall not rely on association, presence, position, relationship, or membership alone.

Sentence shall reflect the person's actual role, contribution, intent, knowledge, authority, and the harm legally attributable to that person. Liability for another person's conduct or consequence shall not be presumed.

No mode of liability shall create or enlarge an offence or capital eligibility beyond the Treaty.

The Court shall record, where proved, direct perpetration, joint perpetration, leadership or command, organising, recruitment, financing, facilitation, aiding and other legally recognised modes of liability.

Role and level of responsibility must be established by evidence and shall not be inferred solely from rank, title, office, seniority, political or military status or organisational membership.

Command and Superior Responsibility

Command or superior responsibility arises only where the prosecution proves beyond reasonable doubt the superior's effective command or control over the relevant subordinate, the required knowledge or other mental element expressly established by the Treaty, the subordinate conduct giving rise to responsibility, and the superior's failure to take all necessary and reasonable measures within the superior's power to prevent or repress the conduct or submit it to competent authorities.

Command or superior status alone does not establish criminal responsibility. The prosecution shall identify the relevant subordinate conduct and the specific acts or omissions relied upon against the superior.

The Chamber shall determine separately the superior's responsibility and the underlying offence and shall not treat command responsibility as automatic principal liability for every offence committed by a subordinate.

A superior shall not receive a capital sentence solely on the basis of command or superior responsibility unless the superior's own conduct independently satisfies every element of a capital-eligible offence under the Treaty.

Command or superior responsibility shall remain dependent upon effective command or control, the applicable knowledge or other Treaty mental element, failure to prevent or repress the conduct or submit the matter to competent authorities, and the requirements of Article 11 and Article 16.

Command status alone shall not create criminal responsibility or capital eligibility.

Genocide

Genocide shall be determined only by the elements expressly established by Article 11 and the Treaty. The prosecution shall prove beyond reasonable doubt the existence of a national, ethnic, racial, or religious group protected by the Treaty; the accused's prohibited conduct; and the specific intent to destroy that group, in whole or in substantial part, as such.

The prohibited genocidal acts shall be separately identified and proved: killing members of the group; causing serious bodily or mental harm to members of the group; deliberately inflicting conditions of life calculated to bring about the group's physical destruction; imposing measures intended to prevent births within the group; or forcibly transferring children of the group to another group. Proof of one genocidal act shall not be treated as proof of another.

The Chamber shall separately determine the accused's mode of responsibility, including direct or joint commission, ordering, soliciting, inducing, aiding or abetting, intentional contribution to a common purpose, or attempt where the Treaty permits that mode. Completed genocide, attempted genocide, and other modes of responsibility are legally distinct for sentencing. The prosecution shall prove the applicable mental and contextual elements for the selected mode beyond reasonable doubt.

Genocide shall ordinarily be sentenced to not less than twenty years and up to life imprisonment. Where intentional killing and every other requirement of Article 16.23(a) are proved, a capital sentence may be considered, but it remains discretionary and subject to every capital safeguard. Attempt and participation shall be sentenced below the completed offence where Article 16.49 or another Treaty provision requires it. No Rule shall expand genocide or its capital eligibility.

Where the alleged genocidal conduct targets an identifiable family or lineage that forms an identifiable part of a national, ethnic, racial, or religious group, evidence that multiple members, multiple generations, or substantially all remaining members were killed or targeted may be considered as evidence of the specific intent to destroy the protected group or a substantial part of it, including an intent to eliminate the surviving lineage or prevent descendants from continuing or reconstituting that part of the protected group. Family or lineage is not itself a protected genocide group, and a political, governmental, hereditary, or other prominent lineage does not become a genocide group merely because it was targeted. Where the required genocidal intent is not proved, the same conduct shall be assessed under any other Treaty offences whose elements are proved, including murder, attempted murder, abduction or kidnapping, enforced disappearance, persecution, torture, hostage-taking, or other applicable offences.

Crimes Against Humanity

Each crime against humanity shall be charged and proved as a distinct offence under Article 11. The prosecution shall establish the material elements of the underlying act, the required mental element, and the contextual requirement of a widespread or systematic attack directed against a civilian population, together with the accused person's knowledge of that attack where required by the charged offence.

The distinct underlying crimes expressly addressed by the Treaty include murder, extermination, enslavement, deportation or forcible transfer, imprisonment or other severe deprivation of liberty, torture, rape, sexual violence, persecution, enforced disappearance, apartheid, and other inhumane acts where the Treaty elements are satisfied. Other inhumane acts require conduct intentionally causing great suffering or serious injury of a character and gravity comparable to the expressly defined crimes, together with the required widespread-or-systematic civilian-attack context. No open-ended category may be used to create an unlisted offence by implication.

For persecution, the prosecution shall prove the intentional and severe deprivation of fundamental rights by reason of group or collective identity and the required connection to another act within the Court's jurisdiction or another punishable Treaty act. For enforced disappearance, the prosecution shall prove the deprivation of liberty by, or with the authorisation, support, or acquiescence of, a State or political organisation, the relevant refusal or concealment, and the required intent and contextual elements. Each underlying offence remains legally separate even when arising from the same course of conduct.

Every crime against humanity expressly listed in Article 11.9 shall ordinarily be sentenced to not less than ten years and up to life imprisonment. This applies separately to murder, extermination, enslavement, deportation, forcible transfer, imprisonment or other severe deprivation of liberty, torture, rape, sexual violence, persecution, enforced disappearance, apartheid, and other inhumane acts. Murder or extermination involving intentional killing may be considered for capital sentencing only where every requirement of Article 16.23(b) and all other capital safeguards are proved. Attempt and participation shall receive proportionate sentences under Article 16.49 and 16.50. No other crime against humanity is independently capital-eligible.

War Crimes

Each war crime shall be charged and proved as a distinct offence. Unlawful initiation of armed conflict (aggression) is a separate leadership offence and shall not be charged as a war crime merely because armed conflict occurred. The prosecution shall establish the existence and applicable character of an international or non-international armed conflict, the required nexus between the conduct and the conflict, the material elements of the particular offence, and the accused person's required intent or knowledge. Where protected status, object, location, method, or circumstance is an element, that fact shall be proved beyond reasonable doubt. The existence of an armed conflict alone does not establish a war crime.

The Treaty expressly identifies the following separate war-crime offences: wilful killing; torture; cruel or inhuman treatment; rape; sexual slavery; forced prostitution; forced pregnancy; forced sterilisation; hostage-taking; unlawful confinement; enforced disappearance; forced displacement; starvation of civilians; intentional attacks against civilians; intentional attacks against civilian objects; intentional attacks against protected persons or locations; intentional attacks against humanitarian personnel; intentional attacks against cultural or religious sites; prohibited methods of warfare; and intentionally disproportionate attacks. For each charged offence, the prosecution must prove the specific conduct, required protected status or circumstance, armed-conflict nexus, and mental element stated in the Treaty. “Prohibited methods of warfare” is prosecutable only as the closed list of specific methods and elements expressly established in Article 11.69; no Rule may expand that closed list or create an additional prohibited method.

For attacks against civilians, civilian objects, protected persons or locations, humanitarian personnel, or cultural or religious sites, the prosecution shall prove that the accused intentionally directed the attack at the protected target, or intentionally committed the prohibited conduct against that target, and knew the factual circumstances establishing the target’s civilian or protected character where the Treaty requires such knowledge. For starvation, the prosecution shall prove intentional use of starvation as a method of warfare by depriving civilians of objects indispensable to survival, including wilfully impeding protected relief where required. For an intentionally disproportionate attack, the prosecution shall prove that the accused knew the factual circumstances establishing the expected incidental civilian harm and concrete and direct military advantage and that the expected civilian harm was clearly excessive in relation to that anticipated advantage. For wilful killing, torture, cruel or inhuman treatment, rape, sexual slavery, forced prostitution, forced pregnancy, forced sterilisation, hostage-taking, unlawful confinement, enforced disappearance, and forced displacement, the Court shall apply the substantive definitions and elements expressly set out in Article 11 together with the war-crime context and nexus requirements.

Every war crime expressly established in Article 11 is ordinarily punishable by not less than five years and up to thirty years’ imprisonment, or life imprisonment where the gravity and aggravating circumstances make life proportionate. Wilful killing may be considered for capital sentencing only where Article 16.39, Article 16.23(c), and every other capital safeguard are satisfied. No other war crime is capital-eligible merely because death, serious injury, or grave harm resulted. Attempt, aiding, abetting, ordering, and superior responsibility shall be sentenced under the Treaty according to the person’s actual contribution and legal responsibility.

Offences Against Children and Child-Specific Offences

Rape of a child, murder of a child, sexual enslavement of a child, child sexual exploitation or abuse, and child trafficking shall be treated as separate offences with separate elements and sentencing consequences. The Court shall consider the child’s age and every offence-specific circumstance expressly established by the Treaty.

Rape of a child, sexual enslavement of a child, child sexual trafficking, and other grave child sexual exploitation or abuse may carry a discretionary capital sentence where the Treaty establishes the applicable child-age threshold and specified aggravating or perpetrator circumstances and the prosecution proves every required capital fact beyond reasonable doubt. The Court shall not infer or invent a missing threshold or circumstance, but shall not treat a qualifying child sexual offence as categorically non-capital.

Murder of a child shall be sentenced under the Treaty provisions applicable to intentional killing and any specific child-murder capital provision. Sexual enslavement of a child, child sexual trafficking, child sexual exploitation or abuse, and other child-specific sexual offences shall receive their own proportionate sentences and shall not be merged into another offence. Where the Treaty-set capital conditions are proved for a qualifying child sexual offence, the Court may conduct a capital sentencing hearing under Rules 81–90.

The Treaty expressly establishes under-eighteen status for the qualifying child-sexual-offence capital provision. Any additional aggravating or perpetrator circumstance not expressly established by the Treaty shall not be invented by a Rule.

Capital-Eligible Offences

Capital punishment may be considered only for offences that the Treaty expressly makes capital-eligible. The capital list shall be read directly from Article 16.23 and no Rule, interpretation, aggravating circumstance, or sentencing practice may expand it.

The Treaty presently identifies capital eligibility for genocide involving intentional killing, qualifying crimes against humanity involving intentional killing, qualifying war crimes involving intentional killing, murder of a child, aggravated mass murder, and qualifying grave sexual offences against children, including rape of a child, sexual enslavement of a child, child sexual trafficking, and other expressly defined grave child sexual exploitation or abuse, where Article 16.23(f) conditions are satisfied. The child-age threshold is expressly under eighteen at the time of the offence. Any additional aggravating or perpetrator circumstance must be expressly established by the Treaty and proved beyond reasonable doubt.

Capital sentencing remains exceptional, discretionary and individualised. The Court shall apply all Treaty safeguards concerning age, culpability, aggravating and mitigating circumstances, proof, representation, appeal, review, and enforcement before imposing or confirming a death sentence.

No Rule may create a capital offence or add to the closed capital conditions established by Article 11.69 and Article 16.23.

Capital Sentencing Hearing

Where a person has been convicted of an offence designated as capital-eligible, the Chamber shall conduct a separate sentencing determination before imposing any capital sentence.

The prosecution shall identify the legal basis for capital eligibility and the aggravating circumstances relied upon.

The defence shall have a full and reasonable opportunity to present mitigating circumstances, challenge the prosecution's submissions, and present evidence relevant to sentence.

No capital sentence shall be imposed unless all requirements established by the Treaty and these Rules have been individually satisfied.

Aggravating Circumstances for Capital Sentencing

Aggravating circumstances relevant to capital sentencing may include deliberate killing of multiple persons, mass killing, extreme or prolonged cruelty, killing of a child, killing of multiple children, genocide, particularly grave war crimes involving intentional killing, or other circumstances expressly designated by law.

The Chamber shall consider only aggravating circumstances that are legally relevant to the offence and have been established by admissible evidence.

An aggravating circumstance that forms an essential element of the capital-eligible offence shall not be treated as an independent additional aggravating circumstance unless the applicable law expressly permits it.

The judgment shall identify the aggravating circumstances relied upon if a capital sentence is imposed.

Mitigating Circumstances for Capital Sentencing

The Chamber shall consider all material mitigating circumstances presented by the defence or otherwise properly before the Court.

Mitigating circumstances may include age at the time of the offence, limited participation, substantial cooperation, genuine remorse, assistance to victims, diminished responsibility where recognised by law, coercion or duress where legally relevant, and other circumstances reducing individual culpability.

The existence of a mitigating circumstance shall not require the Chamber to disregard a conviction but shall be considered when determining the appropriate sentence.

Where substantial mitigating circumstances make a capital sentence inappropriate, the Chamber shall impose the applicable non-capital sentence authorised by the Treaty.

Evidential Requirement for Capital Sentence

A capital sentence shall require proof beyond reasonable doubt of the offence, the accused person's individual criminal responsibility, and every fact legally required for capital eligibility.

The Chamber shall not impose a capital sentence on the basis of speculation, unsupported inference, unreliable evidence, or an unresolved material doubt concerning capital eligibility.

Where the evidence establishes guilt but does not establish every requirement for capital eligibility beyond reasonable doubt, the Court shall impose the applicable non-capital sentence.

The judgment shall state the evidential basis upon which capital eligibility and the final sentence are determined.

No Automatic Capital Sentence

No conviction for a capital-eligible offence shall automatically result in a sentence of death.

The Chamber shall independently determine whether a capital sentence is justified after considering the offence, individual responsibility, aggravating circumstances, mitigating circumstances, and all applicable safeguards.

The availability of a capital sentence shall not relieve the Court of its duty to consider an appropriate non-capital sentence.

Any capital sentence shall be expressly reasoned in the judgment.

Appeal of Capital Sentence

A capital sentence shall be subject to automatic appellate review in addition to any appeal rights available to the convicted person.

The appellate review shall examine the conviction, the legal basis for capital eligibility, the evidential basis for the sentence, procedural safeguards, aggravating and mitigating circumstances, and the proportionality and lawfulness of the sentence.

No capital sentence shall be enforced while an appeal or mandatory review remains pending.

Where the appellate court identifies a material error affecting the conviction or capital sentence, it shall order the remedy authorised by the Treaty and these Rules.

Review of Capital Sentence and New Evidence

A convicted person subject to a capital sentence may seek review on any lawful ground, including newly discovered evidence, material procedural error, misconduct, or another circumstance capable of affecting the conviction or sentence.

The Court shall establish procedures permitting newly discovered evidence of sufficient significance to be considered after judgment.

No execution shall occur while a properly instituted review capable of affecting the conviction or sentence remains pending.

Where a review establishes that the conviction or capital sentence cannot lawfully stand, the Court shall provide the remedy required by the circumstances, including acquittal, retrial, resentencing, or another lawful remedy.

Protection Against Wrongful Execution

The Court shall take all reasonable measures to prevent the execution of a person where credible and material grounds indicate that the conviction may be unsafe.

Credible new evidence of innocence shall be assessed promptly by the competent judicial authority.

Where a genuine question concerning innocence remains unresolved, enforcement of the capital sentence shall be suspended pending appropriate judicial determination.

No procedural deadline shall be interpreted to require execution where doing so would prevent consideration of credible and material evidence capable of establishing wrongful conviction.

Capital Sentence Where Execution Is Unlawful in the Responsible State

Where a death sentence cannot lawfully be enforced in the State in which the convicted person is located, the Court shall not require that State to violate its law. The Court may seek lawful transfer to another State that has expressly agreed and is legally authorised to enforce the sentence.

If lawful enforcement of the death sentence is unavailable, Article 16.20 governs and the death sentence shall be replaced for enforcement purposes by life imprisonment, subject only to the lawful judicial review, commutation, or sentence-reduction mechanisms permitted by the Treaty.

The alternative sentence shall not be reduced by ordinary domestic parole, remission, administrative release, or another domestic measure contrary to the Treaty or the Court's lawful judgment.

Any dispute concerning implementation of the alternative sentence shall be determined through the Treaty and the Court's lawful cooperation and enforcement procedures.

Enforcement of Capital Sentences

A capital sentence shall not be enforced until all mandatory appeals, automatic reviews, and other judicial safeguards required by the Treaty and these Rules have been completed.

The Court shall issue an enforcement order only after confirming that no pending judicial procedure capable of affecting the conviction or sentence remains.

The enforcement authority shall maintain a complete record of the execution process and shall provide the Court with confirmation of execution.

Execution shall be carried out only by a lawful authority and in accordance with the safeguards and procedures established by the Treaty and these Rules.

Upon completion of a lawful execution, the Court-controlled audiovisual system shall register the official execution recording as a protected judicial record and shall calculate its retention period as two years from the date of execution.

During the two-year retention period, the Court may use the execution recording for lawful educational, research, professional-development and staff-training purposes, including use by the God's Court Academy, judicial and legal education programmes, Court staff training, procedural training, professional development, forensic and evidential research, legal research, and development and evaluation of Court procedures and systems.

Access for those purposes shall be limited to persons authorised by the Court. The recording shall remain subject to all applicable security, confidentiality, victim-protection, family-protection, witness-protection and other protective requirements.

Educational, research or training use shall not create a right of public access to the recording. The Court may restrict, edit or excerpt material where necessary for a lawful educational, research or training purpose or to protect a person, confidential information, investigative material or judicial proceeding.

The Court-controlled system shall identify the execution recording for deletion upon expiry of the two-year retention period.

Before deletion is completed, the system shall verify whether a lawful preservation order or other applicable legal requirement requires continued retention.

Where a lawful preservation requirement exists, automatic deletion shall be suspended and the recording shall remain preserved under the applicable security and access controls for the period required by that order or legal requirement.

Where no preservation requirement exists at the expiry of the two-year period, the Court shall permanently delete the official execution recording from its operational audiovisual storage systems in accordance with the Court's secure-deletion procedures.

The deletion process shall create a permanent audit entry recording, at minimum, the case reference, execution reference, recording identifier, retention expiry date, deletion date and time, applicable legal authority, and the authorised system or officer responsible for confirming deletion.

The permanent audit record shall remain accessible to authorised persons after deletion of the audiovisual recording.

The permanent audit record shall contain the non-graphic information necessary to establish the existence, provenance, custody and lawful deletion of the execution recording and shall not contain or constitute a retained copy of the deleted audiovisual material.

The deletion of the execution recording shall not delete or otherwise affect photographs, forensic material, exhibits, documents, witness material, medical records, investigative records, transcripts, judicial findings or other evidence whose preservation is required under the Treaty or these Rules.

Rule 139 and all applicable preservation directions remain in force in respect of evidential material other than the execution recording governed specifically by this Rule.

Where another lawful proceeding requires preservation of the execution recording, the applicable preservation order or legal requirement shall take precedence over automatic deletion for the duration specified by that authority.

The operation of this Rule shall not limit the rights or procedures established by Rules 86, 87 and 88 concerning automatic appellate review, newly discovered evidence, review and protection against wrongful execution.

The three-year accountability and enforcement mechanism established by the Treaty and Rule 97 is separate from the two-year retention period established by this Rule and shall not alter that retention period.

Appeals

A convicted person may appeal a conviction or sentence on any ground permitted by the Treaty and these Rules.

The Prosecutor may appeal a judgment or sentence where authorised by the Treaty and these Rules.

An appeal shall identify the decision challenged, the grounds relied upon, and the relief sought.

The filing of an appeal shall be subject to the procedural requirements and time limits established by the Court.

Grounds of Appeal

An appeal may be based upon an error of law, an error of fact, an error in the assessment or admission of material evidence, a material procedural irregularity, or another lawful ground capable of affecting the judgment or sentence.

An appeal against sentence may challenge the legality, proportionality, evidential basis, or application of aggravating or mitigating circumstances.

An appeal concerning a capital sentence may raise any matter capable of affecting the conviction, capital eligibility, safeguards, or sentence.

The appellate Chamber may reject a ground that is plainly incapable of affecting the decision, subject to the rights of the parties and applicable procedural safeguards.

Appellate Review

The appellate Chamber shall independently review the matters properly raised on appeal and any additional matter that the Treaty requires it to review.

The appellate Chamber may affirm, reverse, vary, or set aside the decision under review, or order another lawful remedy.

Where necessary to determine an appeal fairly, the appellate Chamber may consider the record of proceedings, admitted evidence, written submissions, oral submissions, and other material lawfully before it.

The appellate Chamber shall provide reasons for its determination.

Appeal Against Conviction

Where a conviction is challenged, the appellate Chamber shall determine whether the conviction was lawfully entered on the evidence and applicable law.

The appellate Chamber shall not uphold a conviction where a material error resulted in an unsafe or unlawful finding of guilt.

Where a conviction is set aside, the appellate Chamber may enter an acquittal, order a retrial, vary the legal determination where lawfully permitted, or make another appropriate order.

A person shall not be convicted on appeal of an offence for which the person has not been given the procedural safeguards required by the Treaty and these Rules.

Appeal Against Sentence

An appeal against sentence may challenge the legal basis, sentencing range, factual findings relevant to sentence, aggravating or mitigating circumstances, or proportionality of the sentence.

The appellate Chamber may confirm, reduce, increase where lawfully permitted, set aside, or replace a sentence in accordance with the Treaty and applicable law.

No increased sentence shall be imposed without giving the affected party a reasonable opportunity to address the proposed increase where required by law.

Where a sentence is unlawful, the appellate Chamber shall impose or order the lawful remedy required by the circumstances.

Retrial After Appeal

Where the appellate Chamber orders a retrial, the case shall be returned to a competent Chamber in accordance with the order and applicable procedures.

The retrial shall be conducted independently and fairly and shall comply with the judgment and directions of the appellate Chamber.

The accused shall retain the rights applicable to a trial, subject to lawful directions arising from the appellate decision.

A retrial shall not be used to circumvent a final determination of an issue already conclusively decided by the appellate Chamber.

Review After Final Judgment

A final judgment may be reviewed where a lawful ground for review arises under the Treaty and these Rules.

Grounds for review may include newly discovered evidence of sufficient significance, fraud, serious misconduct, a material procedural violation, or another circumstance capable of demonstrating that the judgment should no longer stand.

The application for review shall identify the new matter or alleged defect and explain why it could materially affect the final judgment.

The competent Chamber may dismiss an application that does not disclose a legally recognised ground for review.

Where enforcement or restoration remains unresolved after final judgment, the Court may schedule a formal post-judgment review within three years after final judgment, or at another lawful review point established by the Treaty or the sentencing order. The review may address custody, appeals, asset recovery, restitution or restoration, State cooperation, delay, and unresolved enforcement matters. A mandatory accountability case call is required under Article 17.19 where a material enforcement, restoration, asset-recovery, protection or other consequence remains unresolved three years after final judgment. A full formal post-judgment review is not mandatory in every case and may occur where authorised by the Treaty or ordered by the competent judicial authority.

The three-year review architecture is an accountability and enforcement/restoration review mechanism and is not a prosecution limitation period.

The mandatory scope is the Article 17.19 accountability case call; it does not reopen the conviction or sentence.

New Evidence on Appeal or Review

The appellate or reviewing Chamber may admit new evidence where the evidence is material, credible, and could not reasonably have been presented at the earlier stage, or where another lawful basis for admission exists.

The parties shall have a reasonable opportunity to examine and challenge newly admitted evidence.

Where new evidence materially affects the reliability of a conviction or sentence, the Chamber shall determine the appropriate remedy.

No procedural rule concerning finality shall prevent consideration of genuinely material evidence of innocence in circumstances where continued reliance upon the judgment would create a serious risk of wrongful conviction.

Effect of Appeal and Review on Enforcement

A sentence shall be enforced subject to any suspension required by the Treaty, an appellate order, or these Rules.

A capital sentence shall remain suspended throughout all mandatory appellate and review procedures capable of affecting the conviction or sentence.

The competent Chamber may suspend or vary enforcement of another sentence where necessary to give effect to an appeal, review, retrial, or other lawful judicial remedy.

The Court shall ensure that enforcement records accurately reflect any judicial order affecting the status or duration of a sentence.

Finality of Judgment

A judgment shall become final when the applicable appeal and mandatory review procedures have been completed or the applicable time for invoking them has expired.

Finality shall not prevent a lawful review based upon grounds expressly recognised by the Treaty or these Rules.

A final judgment shall be binding upon the parties and shall be enforceable in accordance with the Treaty and these Rules.

The Court shall maintain the final judgment and material appellate decisions as part of the official record.

Enforcement of Judgments and Sentences

Final judgments and sentences of the Court shall be enforced in accordance with the Treaty, applicable cooperation arrangements, and these Rules.

The Court shall maintain an authoritative record of the conviction, sentence, enforcement status, and material judicial orders affecting enforcement.

The competent enforcement authority shall comply with the final judgment and any lawful directions issued by the Court concerning enforcement.

No enforcement measure may exceed or materially alter the judgment or sentence imposed by the Court except through a lawful judicial decision.

Commencement of Sentence

A sentence shall commence in accordance with the final judgment and the applicable enforcement order.

Time lawfully spent in custody in connection with the offence may be credited against a sentence where authorised by the Treaty and applicable law.

The Court shall record the commencement date, duration, and applicable conditions of each sentence.

Where a sentence is affected by appeal, review, retrial, commutation, or another lawful judicial order, the enforcement record shall be amended accordingly.

Imprisonment and Life Imprisonment

A sentence of imprisonment shall be enforced for the period determined by the final judgment, subject to lawful judicial orders affecting the sentence.

A sentence of life imprisonment shall remain in force for the lifetime of the convicted person unless reduced, replaced, or otherwise affected by a lawful judicial decision expressly authorised by the Treaty.

No ordinary administrative measure shall convert, reduce, or terminate a sentence contrary to the final judgment.

Conditions of imprisonment shall respect the dignity and basic rights of the convicted person while preserving the lawful purposes of the sentence.

Concurrent and Consecutive Sentences

Where multiple sentences are imposed, the Court shall specify whether they are to be served concurrently, consecutively, or in another lawful manner.

The enforcement authority shall apply the sentencing order as issued by the Court and shall not independently alter the relationship between sentences.

Where the sentencing order does not adequately resolve an issue affecting enforcement, the matter shall be referred to the competent judicial authority.

The total period of imprisonment shall not exceed the limits lawfully established by the Treaty and the final judgment.

This Rule records the relationship between multiple sentences for enforcement purposes and implements Article 16.65. Sentences arising from distinct criminal acts or distinct victims may be imposed consecutively where necessary to reflect separate criminal responsibility and harm. Sentences arising from the same act or inseparably connected conduct shall ordinarily run concurrently unless the judgment gives specific reasons for another lawful arrangement. The Court shall apply totality and proportionality so that the overall sentence reflects the proven criminality without double-counting the same element or harm.

Separate offences shall be determined separately before the Court applies lawful totality principles.

The concurrent, consecutive and totality structure is governed by Article 16.65 and this Rule.

Fines, Confiscation and Financial Orders

A fine or other financial penalty shall be enforced in accordance with the amount and conditions specified in the final judgment.

Where the Court orders confiscation of assets, the enforcement authority shall identify, preserve, recover, and transfer the affected assets in accordance with the judgment and applicable law.

Confiscation shall not extend to property that the judgment does not lawfully identify or authorise for confiscation.

Financial enforcement shall be recorded and shall remain subject to any lawful appeal, review, restitution, or other judicial order.

Financial orders, confiscation and recovery shall protect innocent third parties and remain subject to Treaty authority and judicial safeguards.

Reparation and Restitution

Where the Court orders restitution, compensation, reparation, or another remedy for victims, the order shall identify the persons or groups entitled to the remedy and the basis for the award.

The Court may establish procedures for assessing, administering, distributing, and monitoring reparations ordered under a final judgment.

Enforcement of a sentence shall not extinguish a victim's entitlement to a lawful reparative order.

The Court shall take reasonable measures to prevent interference with, fraud concerning, or unlawful diversion of reparations intended for victims.

Reparation and restitution may address physical, psychological, developmental, educational, economic, family and community consequences of proven criminal harm while preserving the prohibition on collective criminal liability.

Transfer of Sentenced Persons

A convicted person may be transferred between authorised States or detention authorities for enforcement of a final sentence where permitted by the Treaty and applicable arrangements.

A transfer shall not alter the conviction or sentence unless expressly authorised by a competent judicial authority.

The receiving authority shall provide the Court with confirmation of custody and continued enforcement.

The Court shall retain sufficient oversight to determine whether the final sentence continues to be enforced according to the judgment.

Early Release, Parole and Sentence Reduction

Early release, parole, remission, sentence reduction, or other reduction of a final sentence is permitted only where authorised by the Treaty or by a competent judicial authority acting under the Treaty.

A State or detention authority shall not independently reduce or terminate a Court-imposed sentence contrary to the final judgment or the Treaty.

Any application capable of materially reducing a sentence shall identify the legal basis relied upon and shall be determined with notice, reasons, and the procedural safeguards required by the Treaty.

No ordinary parole, remission, or sentence reduction shall apply to a death sentence converted to life imprisonment under Article 16.20 except where the Treaty expressly permits that form of lawful judicial relief.

Commutation and Replacement of Sentence

A sentence may be commuted, replaced, or otherwise altered only where expressly authorised by the Treaty or by a competent judicial authority acting under lawful Treaty authority.

Article 16.20 governs replacement of a death sentence where lawful execution is unavailable. Such replacement is an enforcement consequence of the Treaty and shall not be treated as an ordinary domestic commutation.

A commutation or replacement shall identify the original sentence, the legal basis for the alteration, and the replacement sentence or conditions. It shall not circumvent an appeal, mandatory review, or a lawful finding concerning wrongful conviction.

The Court shall maintain a permanent record of every lawful alteration to a sentence and shall ensure that the enforcement record accurately reflects the resulting legal position.

Where the Treaty requires an alternative enforcement arrangement because a State cannot lawfully execute a capital sentence, the Court shall operate within the safeguards and limits established by Article 16.

Enforcement Disputes

A dispute concerning the interpretation or implementation of a final judgment or sentence may be referred to the competent authority of the Court.

The Court may issue directions necessary to clarify or secure enforcement of its judgment without altering the substance of the final determination except through lawful judicial authority.

The parties and responsible enforcement authorities shall be given a reasonable opportunity to address a material enforcement dispute where judicial determination is required.

A State or authority shall not rely upon domestic administrative action to defeat or materially undermine a final judgment of the Court where the Treaty requires compliance with that judgment.

Victim Participation

Victims may participate in proceedings in accordance with the Treaty and these Rules where the Court determines that their personal interests are affected.

The Court shall establish procedures enabling victims to present views and concerns at appropriate stages without compromising the fairness or efficiency of proceedings.

Victim participation shall not make a victim a party to the prosecution unless the Treaty or the Court expressly provides otherwise.

The Chamber shall determine the appropriate form and extent of participation in each case.

Victim Applications

A victim seeking to participate in proceedings may submit an application identifying the person's connection to the alleged conduct and the nature of the participation sought.

The Chamber may request additional information where reasonably necessary to determine the application.

The Chamber shall determine applications fairly and shall give appropriate consideration to the safety, privacy, dignity, and interests of the victim.

A decision concerning victim participation shall be recorded and may be reviewed or appealed where authorised by the Treaty and these Rules.

A victim may apply for protective or humanitarian restorative measures before the completion or outcome of criminal proceedings where Article 14 authorises such measures. A protective or humanitarian determination shall not itself establish the accused person’s criminal guilt, determine confiscation, or replace the prosecution burden of proof.

Protection of Victims and Witnesses

The Court shall take reasonable measures to protect victims and witnesses from intimidation, retaliation, harassment, threats, or other foreseeable harm arising from their participation.

Protective measures may include confidentiality, restricted disclosure, remote participation, protective screening, relocation assistance, or other lawful measures appropriate to the circumstances.

Particular consideration shall be given to children and persons who are vulnerable because of age, disability, trauma, dependency, or other relevant circumstances.

Protective measures shall be proportionate and shall not unnecessarily interfere with the rights of the accused.

Special Measures for Children

Where a victim or witness is a child, the Court shall take appropriate measures to protect the child's safety, dignity, privacy, and welfare while preserving the integrity of the proceedings.

The Chamber may modify the manner, timing, location, or form of participation where necessary to prevent avoidable harm to a child.

A child shall not be required to participate in a manner that is unnecessary to the determination of the case.

Any protective measure affecting the presentation or testing of evidence shall preserve, so far as reasonably possible, the accused person's right to a fair trial.

Trauma-Informed Participation

The Court shall conduct proceedings involving victims of serious violence, sexual violence, torture, trafficking, exploitation, or other grave offences with due regard to the effects of trauma.

The Chamber may adopt appropriate measures concerning breaks, questioning arrangements, remote participation, support persons, privacy, and other procedural matters where necessary.

Trauma or distress shall not by itself determine the credibility or reliability of a witness.

Protective measures shall be applied consistently with the need for reliable evidence and a fair trial.

Victim and Witness Confidentiality

The Court may restrict public disclosure of identifying information concerning a victim or witness where disclosure would create a substantial risk of harm or otherwise justify protection under the Treaty.

Confidentiality orders shall identify, so far as reasonably practicable, the information protected and the duration or conditions of the restriction.

The Court shall distinguish between public confidentiality and disclosure necessary to permit the accused to understand and challenge the evidence.

Unauthorised disclosure of protected information may constitute an offence or other violation subject to the remedies established by the Treaty and these Rules.

Victim Statements and Views

A victim may be permitted to provide a statement concerning the impact of the alleged conduct where authorised by the Chamber.

A victim impact statement shall not replace the prosecution's obligation to prove the accused person's guilt beyond reasonable doubt.

The Chamber shall distinguish evidence relevant to guilt from information relevant solely to victim impact or sentencing.

The parties shall be given such opportunity to respond as is necessary to preserve fairness.

Victim Reparations Proceedings

Where a person is convicted, the Court may determine reparations in accordance with the Treaty and applicable law.

Reparations may include restitution, compensation, rehabilitation, satisfaction, guarantees of non-repetition, or another lawful form of remedy appropriate to the harm established.

The Court shall consider the nature, extent, seriousness, and consequences of the harm and the circumstances of the victims when determining an appropriate remedy.

A reparations order shall be distinct from the criminal sentence imposed upon the convicted person, although the Court may consider relevant financial or restorative orders together where authorised by law.

Where Article 14 authorises interim humanitarian protection or restoration before a final criminal outcome, the Court may make an appropriate protective or restorative order without treating the order as a finding of criminal guilt. Any criminal reparations order based upon a conviction remains distinct from interim humanitarian assistance.

Collective and Individual Reparations

Reparations may be awarded to individual victims, groups of victims, communities, or other persons or entities lawfully entitled to a remedy.

Where individual identification is impracticable or the harm is collective in nature, the Court may establish an appropriate collective reparations mechanism.

The Court shall take reasonable measures to ensure that reparations reach the persons for whom they are intended.

Reparations shall not be distributed in a manner that creates unlawful discrimination between similarly situated victims.

Humanitarian restoration may address continuing family, community or generational consequences where the harm is established through lawful evidence. Such measures shall not transfer criminal responsibility to relatives or descendants and shall not be used to determine guilt.

Restoration may recognise family, community and intergenerational consequences of proven harm without transferring criminal responsibility to innocent persons.

Participation and Fair Trial Balance

The Court shall seek to protect and facilitate legitimate victim participation while maintaining the independence of the prosecution and the impartiality of the Chamber.

Victim participation shall not relieve the prosecution of its burden of proof or transfer that burden to the accused.

The Chamber may regulate victim participation where necessary to prevent repetition, delay, intimidation, unfair prejudice, or interference with the rights of the parties.

Any restriction on victim participation shall be proportionate to the legitimate procedural purpose for which it is imposed.

Evidence: General Principles

Evidence shall be admitted, considered, and assessed in accordance with the Treaty and these Rules.

The Chamber shall determine the relevance, reliability, authenticity, probative value, and admissibility of evidence independently.

Evidence shall be considered together with all other relevant evidence and shall not be assessed in isolation where its reliability depends upon surrounding circumstances.

The Chamber shall give reasons for material evidential rulings where necessary to permit meaningful review.

Relevance

Evidence shall be relevant where it has a reasonable tendency to make a fact in issue more or less probable.

Evidence that is wholly irrelevant shall not be admitted solely because it may be available to the Court.

The Chamber may exclude cumulative or marginally relevant evidence where its admission would cause unreasonable delay, confusion, or unfair prejudice.

The exclusion of evidence on grounds of relevance shall not prevent the Court from preserving the material where required for appeal or another lawful proceeding.

Authenticity and Reliability

A party seeking to rely upon documentary, digital, physical, audio, video, forensic, or other recorded evidence shall establish sufficient grounds for its authenticity where authenticity is disputed.

The Chamber may consider the circumstances in which evidence was created, obtained, preserved, transmitted, stored, or presented when assessing reliability.

A defect concerning form or authentication shall not automatically determine the evidential weight of material where other reliable evidence establishes its authenticity.

The Chamber shall distinguish authenticity from weight and shall determine each issue according to the circumstances of the evidence.

Documentary Evidence

Documents may be admitted where they are relevant and satisfy the applicable requirements of authenticity and reliability.

The Court may receive originals, certified copies, reliable reproductions, or other documentary forms where permitted by these Rules.

A party disputing the authenticity or accuracy of a document shall identify the material basis of the challenge where reasonably practicable.

The Chamber may require production of an original or additional verification where necessary to determine authenticity or reliability.

Digital and Electronic Evidence

Digital evidence may include electronic records, communications, metadata, databases, photographs, recordings, location information, device data, and other electronically stored material.

The party relying upon digital evidence shall, where reasonably practicable, provide information concerning its source, acquisition, preservation, integrity, and relevant processing.

The Chamber may consider metadata, system records, cryptographic verification, forensic examination, chain of custody, and other relevant indicators when assessing digital evidence.

Digital evidence shall not be rejected solely because it is electronic where its authenticity, integrity, and reliability can otherwise be established.

Forensic Evidence

Forensic evidence may include medical, pathological, biological, genetic, ballistic, chemical, digital-forensic, archaeological, or other specialised examination evidence.

The Court shall consider the qualifications of the examiner, the methods used, the condition of the material examined, and the reliability and limitations of the methodology.

Where forensic evidence involves scientific or technical conclusions, the Chamber may require disclosure of the underlying methodology, data, testing, limitations, and material assumptions.

The weight given to forensic evidence shall depend upon its demonstrated reliability and its relationship to the other evidence in the case.

Expert Reports and Methodology

An expert report shall identify the expert's qualifications, instructions, materials considered, methodology, findings, conclusions, and material limitations.

An expert shall identify assumptions or uncertainties that may materially affect the reliability of the opinion.

The opposing party shall have a reasonable opportunity to challenge the expert's qualifications, methodology, factual assumptions, reasoning, and conclusions.

The Chamber shall determine the weight of expert evidence independently and shall not treat an expert's opinion as binding.

Witness Evidence

A witness may testify concerning matters within the witness's personal knowledge or other matters lawfully capable of being given as expert or specialised evidence.

The Chamber shall consider the witness's opportunity to observe, remember, communicate, and accurately describe the relevant matters.

The existence of inconsistencies shall be considered in assessing reliability but shall not automatically require rejection of the entire testimony.

The Chamber shall assess witness evidence in light of all relevant circumstances and other evidence properly before it.

Hearsay and Second-Hand Information

Evidence concerning a statement made by a person other than the witness may be admitted where permitted by the Treaty and these Rules and where the Chamber determines that it is sufficiently relevant and reliable.

The Chamber shall consider the circumstances in which the statement was made, the purpose for which it is offered, whether the maker can be identified or examined, and any factors affecting reliability.

Where hearsay evidence is admitted, the Chamber shall determine its appropriate weight having regard to the circumstances and any opportunity to challenge it.

A conviction shall not rest upon unreliable hearsay evidence where, taken as a whole, the evidence is insufficient to establish guilt beyond reasonable doubt.

Evidence Obtained Through Cooperation

Evidence obtained from a State, international organisation, institution, private entity, or other cooperating source may be admitted where it satisfies the applicable requirements of relevance, authenticity, reliability, and lawfulness.

The Court shall record the source and material circumstances of acquisition where reasonably practicable.

A cooperating source shall not determine the evidential weight assigned by the Chamber.

Where the defence reasonably challenges material evidence obtained through cooperation, the Chamber shall provide an appropriate opportunity to address the challenge consistent with confidentiality and other lawful protections.

Disclosure and Evidential Fairness

The parties shall disclose material evidence in accordance with the Treaty and these Rules.

Disclosure shall be sufficient to permit each party a reasonable opportunity to examine, challenge, and respond to material evidence relied upon by the opposing party.

The prosecution shall disclose material that may reasonably assist the defence, including material capable of undermining the prosecution case or supporting the defence.

The Chamber may make directions necessary to remedy material failures of disclosure while preserving the fairness and integrity of the proceedings.

Continuing Disclosure

Disclosure obligations shall continue throughout the proceedings where new material evidence or information falling within an applicable disclosure obligation becomes available.

A party becoming aware of material that should have been disclosed shall disclose it without unreasonable delay, subject to any lawful protective order.

The Chamber may require supplemental disclosure where necessary to ensure that proceedings remain fair.

Failure to comply with continuing disclosure obligations may be addressed through appropriate procedural directions or remedies.

Exculpatory and Material Defence Evidence

Material evidence reasonably capable of supporting an acquittal, reducing criminal responsibility, or materially affecting sentence shall be disclosed where the Treaty or these Rules require disclosure.

The prosecution shall not deliberately conceal material evidence favourable to the accused.

Where material is subject to lawful confidentiality or protection, the Court shall determine an appropriate means of preserving both the protected interest and the accused's fair-trial rights.

The Chamber shall take material disclosure failures into account when determining whether further procedural measures are required.

Inspection of Evidence

Subject to lawful restrictions, each party shall have a reasonable opportunity to inspect material evidence upon which the opposing party intends to rely.

Inspection may include examination of physical objects, documents, digital records, recordings, forensic material, and other evidential items.

Where direct inspection is impracticable or would compromise protected interests, the Chamber may prescribe an alternative method of examination.

The Court shall maintain appropriate records of material evidential inspections where necessary for the integrity of the proceedings.

Disclosure of Witness Information

Witness information shall be disclosed in accordance with the applicable provisions of the Treaty and these Rules.

Disclosure shall provide sufficient information to permit the opposing party to prepare for examination and challenge, subject to lawful protective measures.

The Court may restrict identifying information where disclosure would create a substantial risk to a witness, victim, or other protected person.

Protective restrictions shall be reviewed where necessary to ensure that they do not unjustifiably impair the right to a fair trial.

Protected and Privileged Material

Material protected by legal privilege, professional confidentiality, witness protection, national security, or another recognised protective ground shall be handled in accordance with the Treaty and these Rules.

A claim of protection shall identify the nature and legal basis of the claimed protection where reasonably practicable.

The Chamber may conduct an appropriate review of disputed protection claims and may prescribe measures that protect the material while permitting necessary judicial consideration.

Protected material shall not be used to circumvent disclosure obligations or fair-trial safeguards.

Disclosure Disputes

A party alleging a material disclosure failure may apply to the Chamber for appropriate relief.

The application shall identify, where reasonably practicable, the material sought, its apparent relevance, and the alleged failure.

The Chamber may order disclosure, inspection, clarification, additional time, exclusion of evidence where legally appropriate, or another proportionate procedural remedy.

The Chamber shall consider the interests of justice, the rights of the parties, the significance of the material, and any prejudice caused by the disclosure failure.

Late-Disclosed Evidence

Evidence disclosed after the applicable deadline may be admitted where the Chamber determines that admission is consistent with a fair and orderly proceeding.

The Chamber shall consider the reason for the late disclosure, the importance of the evidence, and any prejudice to the opposing party.

Where necessary, the Chamber may grant additional preparation time or impose other appropriate procedural measures.

Late disclosure shall not be used deliberately to deprive another party of a reasonable opportunity to challenge evidence.

Preservation of Evidence Pending Proceedings

Parties and relevant authorities shall take reasonable measures to preserve material evidence that may be relevant to proceedings before the Court.

A preservation direction may identify the material to be preserved, the period of preservation, and any applicable handling requirements.

Digital material shall, where reasonably practicable, be preserved in a manner that protects its integrity and records material changes or processing.

The Chamber may issue further preservation directions where there is a demonstrated risk of loss, destruction, alteration, or material deterioration of evidence.

Evidential Applications Before Trial

A party may make an evidential application before trial where determination of the issue is necessary for effective trial preparation or fairness.

The application shall identify the evidence concerned, the legal or procedural issue raised, and the order sought.

The opposing party shall have a reasonable opportunity to respond unless urgent circumstances or a protective order justify another procedure.

A pre-trial evidential ruling may be reconsidered where materially new circumstances, evidence, or legal grounds arise.

Witness Summonses

The Court may issue a summons requiring a person to appear before the Court and give evidence where the person's testimony is relevant to proceedings.

A summons shall identify the proceeding, the required date and place or method of appearance, and any material information necessary for compliance.

The Court shall take reasonable account of lawful witness protections, safety concerns, and circumstances affecting the person's ability to attend.

Failure to comply with a lawful summons may be addressed in accordance with the Treaty and these Rules.

Witness Attendance and Examination

A witness required to testify shall receive reasonable notice of the time, place, and manner of the testimony, subject to urgent circumstances.

Witnesses shall ordinarily give evidence under oath or affirmation in accordance with the procedures prescribed by the Court.

The Chamber shall ensure that examination and cross-examination are conducted fairly and without unnecessary intimidation, harassment, or repetition.

The Chamber may regulate the manner and duration of questioning to protect the integrity of the proceedings.

Compelled Testimony and Witness Rights

A witness shall comply with a lawful order to testify unless a recognised privilege, protection, or other lawful ground permits refusal.

No witness shall be compelled to give testimony in circumstances where the Treaty or these Rules recognise a protected right against compelled self-incrimination.

The Chamber shall determine disputed claims of privilege or protection according to the applicable law and the circumstances of the case.

The Court shall not use a lawful exercise of a recognised witness protection against self-incrimination as evidence of guilt.

Witness Oaths and Affirmations

Before giving substantive testimony, a witness shall ordinarily make an oath or affirmation to give truthful evidence.

The Court shall explain the obligation of truthful testimony in a manner reasonably understandable to the witness.

A child or vulnerable witness may be permitted an age-appropriate or otherwise suitable form of affirmation where appropriate.

The record shall indicate that the applicable oath or affirmation was administered before substantive testimony was received.

Examination-in-Chief

The party calling a witness may conduct examination-in-chief for the purpose of presenting relevant testimony.

Questions shall ordinarily be directed toward matters relevant to the issues before the Chamber and the witness's competent knowledge.

The Chamber may restrict repetitive, irrelevant, misleading, or unduly prejudicial questioning.

Where necessary for clarity or fairness, the Chamber may permit appropriate additional questioning after the principal examination.

Cross-Examination

A party opposing a witness's evidence shall have a reasonable opportunity to cross-examine the witness on material matters.

Cross-examination may address the witness's recollection, perception, credibility, consistency, bias, interests, reliability, and the substance of relevant testimony.

The Chamber may prevent questioning that is abusive, repetitive, irrelevant, or disproportionate to the issues requiring determination.

Restrictions on cross-examination shall be applied consistently with the accused's right to challenge material evidence.

Re-Examination

The party calling a witness may conduct re-examination on matters arising from cross-examination where necessary to clarify or properly complete the evidence.

Re-examination shall not ordinarily be used to introduce unrelated matters that could reasonably have been addressed earlier.

The opposing party may seek permission to question the witness on genuinely new matters arising during re-examination.

The Chamber shall regulate re-examination to preserve fairness and avoid unnecessary repetition.

Questioning by the Chamber

The Chamber may question a witness where necessary to clarify evidence or establish facts material to the proceedings.

Judicial questioning shall remain consistent with the Chamber's impartial role and shall not improperly assume the functions of either party.

The parties shall have a reasonable opportunity to address material matters arising from judicial questioning.

The Chamber shall ensure that its questioning does not create an appearance that it has predetermined the credibility of the witness or the outcome of the case.

Witness Credibility

The credibility of a witness shall be assessed according to the evidence and circumstances relevant to the reliability of the testimony.

Relevant considerations may include consistency, opportunity to observe, memory, motive, bias, prior statements, corroboration, contradiction, and other circumstances bearing on reliability.

A witness's status as a victim, accused, protected person, expert, or cooperating person shall not by itself determine credibility.

The Chamber shall give appropriate weight to credible testimony while considering material weaknesses or limitations identified in the evidence.

Witness Statements and Prior Testimony

A prior statement or testimony of a witness may be used in accordance with the Treaty and these Rules.

Where a prior account differs materially from testimony given before the Chamber, the parties may address the circumstances and significance of the inconsistency.

The Chamber shall consider whether differences arise from memory, translation, interpretation, recording, questioning, coercion, mistake, or other circumstances affecting reliability.

A prior statement shall not be treated as conclusive merely because it was made earlier or recorded in a formal document.

Remote Witness Testimony

The Chamber may permit a witness to give evidence by secure remote means where necessary or appropriate for the fair and effective conduct of proceedings.

Remote testimony shall use a method that permits the Chamber and parties to hear and, where appropriate, see the witness sufficiently to assess and challenge the evidence.

The Court shall take reasonable measures to protect the confidentiality, integrity, and security of remote testimony.

The use of remote testimony shall not by itself diminish the evidential weight of otherwise reliable testimony.

Witnesses Giving Evidence From Another State

Where a witness gives evidence from the territory of another State, the Court shall make appropriate arrangements consistent with applicable cooperation obligations and the law governing the place of testimony.

The Court may coordinate with the relevant authority concerning the location, security, identification, and technical arrangements for the testimony.

The witness shall remain subject to the directions of the Chamber concerning the giving of evidence.

Any material limitation affecting the manner in which the witness may testify shall be recorded and considered when assessing the evidence.

Interpreter and Translation Assistance

A person who does not sufficiently understand or speak the language used in proceedings shall be provided appropriate interpretation or translation necessary for meaningful participation.

Interpretation shall be provided in a manner that is sufficiently accurate and complete for the purpose for which it is required.

The Court may require interpreters or translators to confirm their professional obligations and to disclose any material conflict or limitation affecting their work.

A material interpretation or translation error affecting fairness shall be addressed promptly and, where necessary, corrected on the record.

Interpreter Conduct and Confidentiality

An interpreter shall faithfully interpret the proceedings without intentionally adding, omitting, or altering material content.

An interpreter shall maintain the confidentiality of information obtained through the performance of official duties, subject to lawful disclosure requirements.

An interpreter shall notify the Court of any circumstance that may materially impair impartiality, accuracy, or competence.

The Chamber may replace or exclude an interpreter where necessary to preserve the integrity and fairness of the proceedings.

Identification of Witnesses

The Court shall take reasonable measures to establish the identity of a witness before substantive testimony is received.

Where a witness requires protection, the Chamber may restrict public disclosure of identifying information while maintaining an adequate judicial record.

The method of identification shall take account of the security and vulnerability of the witness and the circumstances of the case.

A material dispute concerning identity shall be determined by the Chamber before the evidence is relied upon to a material extent.

Witness Separation

The Chamber may direct witnesses who have not yet testified not to discuss their evidence with other witnesses where necessary to protect the integrity of testimony.

A witness subject to a separation direction shall receive clear notice of its scope and duration.

The Chamber may permit necessary communication where required for legal representation, safeguarding, medical needs, or another legitimate purpose.

A breach of a separation direction shall be assessed according to the circumstances and shall not automatically determine the reliability of the witness's evidence.

Witness Protection Measures

The Court may order measures reasonably necessary to protect a witness or victim from intimidation, retaliation, harassment, or other serious risk arising from participation in proceedings.

Protective measures may include restrictions on identifying information, controlled disclosure, remote testimony, screening, voice or image protection, or other appropriate measures.

Protective measures shall be proportionate to the identified risk and shall be consistent with the accused's fair-trial rights.

The Chamber shall review protective measures where circumstances materially change or continued protection is no longer necessary.

Vulnerable Witnesses

The Court shall take reasonable measures to enable vulnerable witnesses to give evidence safely and effectively.

Vulnerability may arise from age, disability, trauma, intimidation, dependency, medical circumstances, or other relevant factors.

The Chamber may modify questioning arrangements, scheduling, location, or method of testimony where necessary and consistent with fairness.

Any special measure shall be applied without treating vulnerability itself as evidence of the truth or falsity of the testimony.

Child Witnesses

The Court shall apply procedures appropriate to the age, maturity, safety, and circumstances of a child witness.

Child witnesses shall be protected from unnecessary exposure to intimidation, repeated questioning, or avoidable confrontation.

The Chamber may use age-appropriate questioning, remote testimony, support arrangements, scheduling measures, or other lawful protective procedures.

Special measures for a child witness shall preserve, to the greatest extent reasonably possible, the parties' ability to challenge material evidence.

Witness Support and Assistance

The Court may provide or arrange reasonable practical assistance to witnesses participating in proceedings, consistent with available resources and the independence of testimony.

Support may include information concerning Court procedures, attendance arrangements, safety measures, interpretation, accessibility, or other participation needs.

Witness support shall not include coaching concerning the substance of testimony or instructions designed to influence evidence.

The Court shall maintain an appropriate distinction between witness assistance and the independent assessment of witness evidence.

Court-Appointed Experts

The Chamber may appoint an independent expert where specialised knowledge is necessary to assist determination of a material issue.

An appointed expert shall act independently and shall disclose any material conflict of interest or circumstance affecting impartiality.

The parties shall receive reasonable information concerning the appointment and shall have an opportunity to address the expert's mandate and material findings.

The expert's conclusions shall remain subject to judicial assessment and shall not bind the Chamber.

Expert Access to Materials

An expert appointed by the Court may receive access to material reasonably necessary to perform the assigned examination.

Access shall be limited to material within the scope of the expert's mandate and subject to applicable confidentiality and protection orders.

The expert shall maintain the integrity and confidentiality of material received.

The Court may impose conditions governing the handling, copying, retention, and return of expert materials.

Expert Meetings and Joint Issues

Where competing expert evidence concerns substantially similar issues, the Chamber may direct experts to identify areas of agreement and disagreement.

Experts may be directed to prepare a joint statement identifying material issues that remain disputed.

A joint statement shall not prevent an expert from maintaining an independent opinion where disagreement remains justified.

The Chamber shall ensure that expert coordination does not improperly restrict independent expert judgment.

Inspection and Demonstrative Evidence

The Chamber may permit inspection, demonstration, reconstruction, simulation, or other evidential presentation where it assists determination of a material issue.

The party relying upon such material shall provide sufficient information concerning its basis and method to permit meaningful examination.

Demonstrative material shall accurately represent the underlying evidence and shall not materially distort the issues before the Chamber.

The Chamber shall determine the evidential weight of demonstrative material according to its reliability and relationship to the underlying evidence.

Site Visits and Inspections

The Chamber may conduct or authorise an inspection of a relevant location where direct observation may assist determination of a material issue.

The Court shall establish appropriate arrangements for access, security, recording, and participation.

A site inspection shall not replace the parties' opportunity to challenge material evidence arising from the inspection.

The Court shall record material observations and procedural circumstances necessary for a meaningful understanding of the inspection.

Evidence From Records and Archives

Official records, institutional archives, registers, and comparable records may be received where relevant and sufficiently reliable.

The Chamber may consider the origin, custody, creation process, completeness, and integrity of such records when assessing their reliability.

A record shall not be treated as conclusive merely because it originates from an official or institutional source.

Where material authenticity or completeness is disputed, the Chamber may require additional verification or supporting evidence.

Photographic and Video Evidence

Photographs, video recordings, surveillance recordings, and comparable visual evidence may be admitted where relevant and sufficiently authentic and reliable.

The Chamber may consider the circumstances of creation, recording, preservation, transmission, editing, and presentation when assessing such evidence.

Where the accuracy or completeness of visual material is disputed, the parties shall have a reasonable opportunity to address the dispute.

The Chamber shall distinguish the authenticity of a recording from the accuracy of any interpretation placed upon its contents.

Audio and Communications Evidence

Audio recordings, communications records, and comparable evidence may be admitted where relevant and sufficiently authentic and reliable.

The Chamber may consider the identity of participants, circumstances of recording or transmission, completeness, preservation, and any evidence of alteration.

Where translation, transcription, or interpretation is relied upon, the Court may require verification sufficient to determine material meaning.

The evidential weight of communications evidence shall be determined in light of its reliability and all relevant surrounding circumstances.

Evidence of Identity and Attribution

Where identity or attribution is disputed, the Court may consider documentary, testimonial, forensic, digital, photographic, biometric, contextual, and other relevant evidence.

The party relying upon an identification shall establish a sufficient evidential basis for the proposition advanced.

The Chamber shall consider the circumstances and reliability of any identification procedure and any material risk of mistaken identification.

Identity or attribution shall be determined from the evidence as a whole and in accordance with the applicable burden and standard of proof.

Evidential Findings and Record

The Chamber shall identify material evidential findings necessary to determine the issues in the case.

Material findings shall be based upon evidence properly before the Court and assessed according to the applicable standard of proof.

The judgment shall distinguish, where necessary, established facts, disputed facts, evidential inferences, and matters that remain unproven.

The Court shall maintain a record sufficient to permit the parties and any reviewing Chamber to understand the evidential basis of material findings.

Requests for Judicial Assistance

A party may apply to the Chamber for an order or other judicial assistance necessary for the fair determination of an issue before the Court.

The application shall identify the assistance sought, the material basis for the request, and the issue to which it relates.

The Chamber may grant, refuse, or modify the requested assistance according to the Treaty, these Rules, and the circumstances of the proceedings.

Judicial assistance shall be limited to what is reasonably necessary for the proper conduct of the proceedings.

Requests to States and Authorities

The Court may transmit a lawful request for assistance to a State or competent authority in accordance with the Treaty and applicable cooperation arrangements.

A request shall identify the assistance sought and provide sufficient information for the receiving authority to understand and execute it.

The Court may specify appropriate safeguards concerning confidentiality, persons affected, evidence, records, and use of information obtained.

The Court shall record material requests and responses in the official record where appropriate.

Service of Judicial Orders

Judicial orders requiring action by a party or other person shall be served by a method reasonably calculated to provide effective notice.

The order shall identify the action required, the applicable deadline, and any consequences established by the Treaty or these Rules.

The Court may authorise electronic or other secure means of service where appropriate.

A dispute concerning service shall be determined by the Chamber having regard to the circumstances and whether effective notice was achieved.

Compliance With Court Orders

Persons and parties subject to a lawful Court order shall comply within the period and manner specified by the order.

Where compliance becomes impossible or materially impracticable, the affected person or party shall notify the Court without unreasonable delay and explain the circumstances.

The Chamber may vary, suspend, extend, or otherwise address an order where circumstances justify doing so.

Non-compliance may be addressed through the procedures and measures authorised by the Treaty and these Rules.

Urgent Judicial Applications

A party may make an urgent application where delay would create a material risk to a person's rights, the integrity of evidence, the safety of a person, or the proper conduct of proceedings.

The application shall identify the circumstances creating urgency and the immediate relief sought.

The Chamber may determine an urgent application without a full hearing where necessary, provided that affected parties receive a reasonable opportunity to respond as soon as practicable.

Urgent procedures shall not be used merely to avoid ordinary procedural requirements.

Interim Judicial Measures

The Chamber may issue an interim measure where necessary to preserve the integrity of proceedings or protect rights, persons, evidence, or other interests falling within the Court's lawful authority.

An interim measure shall identify its purpose, scope, and duration where practicable.

The Chamber shall review an interim measure where circumstances materially change or where a party demonstrates that continued application is no longer justified.

Interim measures shall not determine the ultimate merits of a charge unless the Treaty expressly permits such determination.

Applications Concerning Procedural Irregularities

A party may raise a material procedural irregularity that has affected or may materially affect the fairness or integrity of proceedings.

The application shall identify the procedural requirement concerned, the alleged irregularity, and the material effect claimed.

The Chamber shall determine whether the irregularity requires correction, further proceedings, exclusion of affected material, additional safeguards, or another lawful remedy.

A procedural defect shall not automatically invalidate proceedings where it caused no material prejudice and can lawfully be remedied.

Waiver of Procedural Objections

A party that knowingly fails to raise a procedural objection within the applicable period may be treated as having waived the objection where the Treaty or these Rules so provide.

Waiver shall not be inferred where the party lacked a reasonable opportunity to identify or raise the objection.

The Chamber may consider a waived objection where necessary to protect a fundamental fair-trial right or the integrity of proceedings.

Nothing in this Rule permits waiver of a right that the Treaty expressly makes non-waivable.

Abuse of Procedure

The Court shall prevent procedures from being used for purposes inconsistent with the proper administration of justice.

A party shall not use an application, disclosure process, evidential procedure, or other Court process principally to cause unnecessary delay, intimidation, harassment, or obstruction.

Where abuse is established, the Chamber may impose appropriate procedural directions or other measures authorised by the Treaty and these Rules.

Any measure addressing abuse shall remain proportionate and shall not improperly restrict legitimate exercise of procedural rights.

Procedural Directions and Case Control

The Chamber may issue procedural directions necessary to manage proceedings fairly, efficiently, and consistently with the Treaty and these Rules.

Directions may address scheduling, filing, evidence, witness arrangements, hearings, submissions, disclosure, confidentiality, or other procedural matters.

The parties shall comply with lawful procedural directions unless the Chamber varies or withdraws them.

Procedural directions shall not alter a substantive right, offence, penalty, jurisdictional requirement, or other matter reserved to the Treaty.

Court Sessions

The Court shall conduct hearings and other judicial sessions at times and by methods determined by the competent Chamber.

A session may be conducted in person, by secure remote means, or by a combination of those methods where consistent with the Treaty and these Rules.

The Court shall ensure that all participants required for a session receive reasonable notice of the arrangements.

The Chamber may adjourn, suspend, or resume a session where necessary for fairness, security, or the proper administration of proceedings.

Public Hearings

Hearings shall ordinarily be public unless the Treaty or these Rules permit or require restrictions.

The Chamber may restrict public access where necessary to protect victims, witnesses, children, confidential information, security interests, or the integrity of proceedings.

Any restriction shall be limited to what is reasonably necessary and shall be reviewed where circumstances materially change.

The Court shall record the basis for material restrictions on public access.

Closed Hearings

A Chamber may conduct all or part of a hearing in closed session where a lawful protective ground requires exclusion of the public.

The Chamber shall identify the protected interest relied upon and limit closure to the portion of proceedings requiring protection where practicable.

The parties and their representatives shall ordinarily remain entitled to participate unless the Treaty or a lawful order provides otherwise.

The Chamber shall preserve an appropriate record of proceedings conducted in closed session.

Remote Hearings

The Chamber may conduct hearings by secure remote means where doing so is consistent with a fair and effective proceeding.

Remote participation shall provide participants with a reliable means of hearing and communicating with the Court and, where necessary, seeing the participants and evidence.

The Court shall take reasonable measures to protect the security, confidentiality, and integrity of remote proceedings.

A hearing shall not be conducted remotely where the Chamber determines that the method would materially prejudice a party's fair-trial rights.

Courtroom Order

The Chamber shall maintain order and dignity during Court proceedings.

Participants shall comply with reasonable directions concerning speaking, examination, presentation of evidence, access to the hearing, and other matters necessary for orderly proceedings.

The Chamber may take proportionate measures against disruptive conduct where necessary to preserve the integrity of the hearing.

Any measure affecting a party's participation shall remain consistent with applicable procedural and fair-trial rights.

Attendance of the Accused

The accused shall be entitled to attend trial proceedings subject to the Treaty and these Rules.

The Chamber may make arrangements for secure remote attendance where lawful and consistent with the accused's effective participation.

Where the accused is temporarily unable to attend, the Chamber may adjourn or make other appropriate arrangements according to the circumstances.

Proceedings in the absence of the accused shall occur only where authorised by the Treaty and these Rules and where the required safeguards have been satisfied.

Removal or Restriction of a Participant

The Chamber may temporarily restrict a person's participation in a hearing where necessary because of serious disruption, intimidation, obstruction, or another lawful ground.

Before imposing a restriction, the Chamber shall, where practicable, give the affected person an opportunity to comply with the Court's directions.

Any restriction shall be proportionate, limited in duration, and subject to restoration of participation when the reason for the restriction ceases.

A restriction shall not be used to deprive the accused of effective participation in proceedings except as expressly authorised and safeguarded by the Treaty.

Court Recordings

The Court shall maintain an official record of material proceedings in a reliable form determined by the Court.

The record may include audio, video, transcript, written minutes, exhibits, orders, filings, and other material necessary to establish the procedural history.

Recordings and other official records shall be preserved against unauthorised alteration, loss, or destruction.

Where a material discrepancy arises between parts of the official record, the Chamber may determine the authoritative record for the relevant purpose.

Transcripts and Corrections

Where a transcript is prepared, participants may identify material transcription errors within the period prescribed by the Court.

A requested correction shall identify the relevant passage and the basis for the proposed correction.

The Chamber or authorised Court official may correct an established transcription error without altering the substance of the proceedings.

Material corrections shall be recorded in a manner that preserves the original procedural history.

Continuity of Hearings

The Chamber shall seek, where reasonably practicable, to conduct hearings in a manner that preserves continuity and avoids unnecessary delay.

The Chamber may schedule consecutive hearing dates, adjourn proceedings, or make other directions necessary to maintain orderly progress.

When an interruption occurs, the Chamber shall take appropriate measures to ensure that the parties retain a fair opportunity to address material developments.

The Court shall maintain a record of material adjournments, suspensions, and resumptions of hearings.

Court Filings

A filing shall be submitted in the form and manner prescribed by the Court and shall identify the proceeding, filing party, and nature of the document.

A filing shall contain only material relevant to the proceeding and shall comply with applicable requirements concerning format, authentication, confidentiality, and service.

The Registry or other authorised Court official may reject a filing for a correctable formal defect and shall, where practicable, identify the defect requiring correction.

A filing shall be treated as received when accepted through an authorised Court filing method, subject to any applicable time and filing rules.

Electronic Filing

The Court may permit or require documents to be filed electronically through a secure Court system.

Electronic filing systems shall maintain appropriate records of submission, receipt, identity, and material alterations.

A party using electronic filing shall take reasonable measures to ensure that submitted documents are complete, accurate, and free from unauthorised alteration.

A technical failure affecting filing shall be addressed by the Court in a manner that protects procedural rights and does not unfairly prejudice a party.

Signature and Certification

Where a signature or certification is required, the filing shall be signed or certified by the party, representative, or other person authorised to do so.

The Court may accept a secure electronic signature or other reliable method of authentication where permitted.

A person signing or certifying a filing shall ensure, to the extent reasonably possible, that the filing is accurate and properly authorised.

A defective signature or certification may be corrected where the defect does not materially affect the integrity or fairness of the proceeding.

Service of Filings

A party filing a document that requires service shall provide it to the other affected parties by an authorised method within the applicable period.

Service may be effected electronically, physically, or by another secure method authorised by the Court.

The party responsible for service shall retain sufficient information to demonstrate when and how service was made.

The Chamber may prescribe an alternative method or dispense with service where necessary and consistent with fairness.

Court Notices

The Court may issue notices concerning hearings, deadlines, orders, procedural directions, applications, or other matters requiring the attention of a party or participant.

A notice shall contain sufficient information to permit the recipient to understand the matter and take any required action.

The Court shall use a reliable method reasonably calculated to bring the notice to the recipient's attention.

A material dispute concerning receipt or adequacy of notice shall be determined according to the circumstances and applicable procedural requirements.

Time Limits for Filings

A filing subject to a specified deadline shall be submitted within the period established by the Treaty, these Rules, or an order of the Chamber.

Where no specific deadline is established, the Chamber may prescribe a reasonable period having regard to the nature and urgency of the proceeding.

The Court shall apply time limits consistently while allowing appropriate flexibility where required to preserve fairness.

A party shall not lose a material procedural right solely because of a minor technical defect in calculating or recording a deadline where the filing was otherwise timely.

Extensions of Time

The Chamber may extend a procedural deadline where good cause is demonstrated or where an extension is otherwise necessary in the interests of justice.

An application for an extension shall be made as soon as reasonably practicable and shall state the period requested and the reasons relied upon.

The Chamber shall consider the circumstances of the requesting party, the interests of other parties, the importance of the deadline, and the effect of delay on the proceedings.

An extension shall not ordinarily be granted merely to cause unnecessary delay.

Computation of Time

Time shall be calculated in accordance with the period specified by the Treaty, these Rules, or the relevant Court order.

The Court shall identify the date from which a period begins and the date on which it expires where necessary to avoid uncertainty.

Where a deadline falls on a day when the authorised filing system is unavailable or the Court is not operating for a relevant procedural purpose, the Court may apply an appropriate adjustment.

The Chamber may resolve a dispute concerning computation of time by reference to the purpose of the applicable deadline and the interests of fairness.

Correction of Court Filings

A party may seek to correct a clerical, typographical, formatting, or other non-substantive error in a filing.

A correction shall identify the error and the proposed correction and shall not materially alter the substance of the filing unless permission is granted under the applicable procedure.

The Chamber may permit a substantive amendment where authorised by the Treaty and these Rules.

The Court shall preserve an appropriate record of material corrections and amendments.

Official Court File

The Court shall maintain an official file for each proceeding containing the material filings, orders, evidence records, judgments, and other documents required for the judicial record.

The official file shall be maintained in a manner that protects its integrity, accessibility to authorised persons, and preservation.

Documents subject to confidentiality, protection, privilege, or other lawful restriction shall be handled according to the applicable order or rule.

The official Court file shall provide a reliable procedural history sufficient to support administration, judgment, appeal, review, and lawful preservation of the proceeding.

Confidentiality Orders

The Chamber may make a confidentiality order where necessary to protect a legitimate confidential interest, the safety of a person, sensitive evidence, or the integrity of proceedings.

A confidentiality order shall identify, where practicable, the material covered, the persons bound, and the duration or conditions of the restriction.

Confidentiality shall be limited to what is reasonably necessary and shall not prevent a party from exercising essential procedural rights.

The Chamber may vary, review, or terminate a confidentiality order when circumstances materially change.

Protective Orders

The Chamber may issue a protective order concerning information, evidence, witnesses, victims, children, or other persons where protection is reasonably necessary.

A protective order may regulate disclosure, inspection, publication, handling, storage, transmission, or use of protected material.

The order shall be proportionate to the identified risk and consistent with the fair-trial rights of the accused and the procedural rights of the parties.

A person affected by a protective order may seek review or variation in accordance with these Rules.

Sealing of Court Materials

The Chamber may order that a document or other Court material be sealed where public access would create a serious and identifiable risk requiring protection.

Sealing shall be limited to the material or portion of material requiring protection where practicable.

The Court shall maintain a record of sealed material and the legal or procedural basis for the sealing order.

Sealed material may be unsealed in whole or in part when the protective basis no longer justifies continued restriction.

Redaction

The Court may require sensitive information to be redacted from a document before disclosure or public access.

Redaction shall be limited to information requiring protection and shall preserve the remaining material to the greatest extent reasonably possible.

A party challenging a redaction may apply to the Chamber for review where the restriction materially affects the ability to understand or challenge the evidence.

The Chamber may inspect the unredacted material when necessary to determine whether the redaction is justified.

Confidential Information Provided to the Court

Material provided to the Court under a lawful confidentiality restriction shall be handled consistently with the terms of that restriction and any applicable Court order.

A person providing confidential material shall identify the basis and scope of the requested protection where reasonably practicable.

The Court shall not disclose protected material beyond what is authorised unless disclosure is required by the Treaty, a Court order, or another applicable legal obligation.

Confidentiality shall not prevent the Court from taking necessary measures to ensure a fair determination of the proceeding.

National Security and Sensitive Information

Where a party or cooperating authority asserts that material contains sensitive national security information, the Chamber shall determine the appropriate procedure under the Treaty and these Rules.

The Court may require sufficient information to assess the asserted sensitivity without unnecessarily exposing the protected material.

The Chamber may prescribe controlled access, redaction, closed proceedings, summaries, or other proportionate measures where authorised.

Sensitive information shall not receive automatic exemption from judicial scrutiny solely because a party or authority labels it sensitive.

Confidentiality Undertakings

The Court may require a person receiving protected material to give an appropriate undertaking concerning its use, disclosure, storage, or handling.

An undertaking shall identify the material obligations imposed and shall not extend beyond what is reasonably necessary for the protection concerned.

A person who believes an undertaking prevents necessary legal or procedural action may apply to the Chamber for clarification or variation.

The Court shall maintain appropriate records of material confidentiality undertakings.

Public Access to Judicial Materials

Subject to the Treaty, these Rules, and lawful protective orders, judicial materials shall be made accessible to the public where appropriate.

Public access may be restricted where necessary to protect victims, witnesses, children, confidential information, security interests, or other recognised interests.

Restrictions shall be proportionate and shall not be broader than reasonably necessary.

The Court shall seek, where practicable, to provide public access to non-sensitive portions of a material document when part of the document requires restriction.

Publication of Judgments and Orders

Judgments and material judicial orders shall ordinarily be made available through an appropriate Court publication method, subject to lawful restrictions.

Where publication would disclose protected information, the Court may publish a redacted or otherwise appropriately restricted version.

The published version shall preserve the substance of the judicial determination to the greatest extent consistent with the applicable protection.

The Court shall maintain an authoritative version of each judgment and order in the official Court record.

Review of Access Restrictions

A party or other person with a sufficient procedural interest may apply for review of an order restricting access to Court material.

The application shall identify the restriction challenged and the reasons why continued restriction is said to be unnecessary or disproportionate.

The Chamber may maintain, vary, narrow, or terminate the restriction after considering the relevant interests and circumstances.

Access restrictions shall be reviewed when necessary to ensure that they remain justified throughout the life of the proceeding and applicable preservation period.

Assembly of States Parties and Inclusive Court Governance

The Court shall maintain procedures for the Assembly of States Parties and the Court Assembly consistent with Article 7, including notice, agendas, representation, participation, voting, records, and publication of decisions.

The Rules shall not alter the membership, voting thresholds, powers, or constitutional responsibilities assigned to the Assembly of States Parties by the Treaty. The Rules shall also preserve the separate membership, voting, and governance functions assigned to the Court Assembly under Article 7.

Decisions of either assembly concerning judicial independence, criminal law, capital eligibility, fundamental rights, Treaty jurisdiction, or other matters reserved to Treaty amendment shall have effect only through the lawful Treaty mechanism. The Court Assembly may debate and adopt a formal Court-wide position on such matters but shall not substitute that position for State Party Treaty consent.

The Registry shall maintain official records of the proceedings and decisions of both assemblies relevant to the administration and development of the Court and shall make them accessible subject to lawful confidentiality, security, victim, witness, judicial-protection, prosecutorial, investigative, defence, and enforcement requirements. The Court Assembly shall comprise representatives of all States Parties and all separately admitted Court Parties. Each State Party and each Court Party shall have one representative and one vote within the Court Assembly's lawful competence. Court Parties shall receive reasonable notice and supporting documents sufficient for meaningful participation. The Court Assembly may establish committees and working bodies for Court-wide matters. The Court Assembly shall not direct or interfere with an individual case or with independent judicial, prosecutorial, investigative, defence, or enforcement functions.

Treaty Amendments and Fundamental Amendments

Proposals to amend the Treaty submitted by a State Party or separately admitted Court Party shall be received, recorded, circulated, and placed before the competent Treaty bodies in accordance with Articles 8 and 43. A Court Party proposal shall not be rejected solely because the proposing entity is not a State Party.

The Rules may regulate administrative steps for circulation, Court Assembly consideration, comments, alternative wording, formal positions, voting records, ratification records, direct-impact determinations, and publication, but shall not change any Treaty voting or ratification threshold.

An amendment creating or changing an offence, penalty, capital eligibility, jurisdictional basis, or fundamental right shall not be applied retroactively contrary to Article 43.

The Registry shall record the date an amendment is adopted and, where applicable, the date it enters into force for each State Party, together with the date and result of any required Court Assembly consideration or Court Party approval under Article 8 or 43.

The consolidated Founder proposals may be implemented procedurally only after the corresponding Treaty authority exists. No Rule may amend substantive Treaty law. All current sentencing ranges, protected-age effects, mass-casualty bands and cumulative-sentencing rules shall be applied as expressly settled in the Treaty.

Founder proposals and developing draft provisions do not silently amend the Treaty.

A substantive change to an offence, penalty, capital eligibility, jurisdiction, fundamental right or enforcement power must follow the applicable Treaty amendment and ratification process. Where the amendment directly affects Court Party constitutional rights, the additional Court Party approval requirement in Article 8 or Article 43 shall also be completed before that change takes effect within the Court Party framework. A separately admitted Court Party may submit amendment proposals, alternative wording, legal analysis, or a request for legal audit through the Registry or Court Assembly. The Court Assembly shall provide a formal stage for State Parties and Court Parties to debate proposals, submit alternatives, request review, and record their positions before State Party approval and ratification. Where an amendment directly affects Court Party constitutional rights, the Court Assembly shall make a recorded direct-impact determination and apply the Court Party approval procedure specified by the Treaty. No Court Party participation under this Rule constitutes Treaty ratification, acceptance on behalf of a sovereign State, sovereignty, or a general veto over amendments that do not directly alter Court Party constitutional rights.

Entry into Force, Subsequent Parties and Withdrawal

The Court shall maintain procedures for recording entry into force, accession or subsequent participation, and the effective date of Treaty obligations in accordance with Articles 9 and 47.

A State shall not be treated as a State Party for judicial purposes before the Treaty is legally in force for that State under the Treaty.

A nation, constituent country, territory, autonomous community, or other qualifying political community separately admitted under Article 52 shall be treated as a Court Party within the scope of that admission, but shall not be treated as a State Party unless it is itself a State.

Withdrawal shall be recorded and administered under Article 44 and shall not erase responsibility, proceedings, judgments, or obligations that the Treaty preserves after withdrawal.

No procedural Rule shall be interpreted to alter the legal consequences or effective dates established by the Treaty.

Languages and Authentic Texts

The Court shall provide working and procedural language services in accordance with Article 10, including interpretation and translation necessary for effective participation.

Authentic Treaty texts shall be maintained in accordance with Article 49 and shall not be altered by a procedural translation or working-language version.

Where a translation issue materially affects an accused person, victim, witness, or other participant, the Court shall provide a reliable interpretation or translation sufficient for effective participation and a fair proceeding.

The Registry shall maintain controlled versions of procedural translations and records of any authoritative language determination required under the Treaty.

Relationship with National Courts and Concurrent Jurisdiction

Where national proceedings concern conduct also falling within the Court’s jurisdiction, the Court shall apply Article 41 and these Rules concerning complementarity, genuine national proceedings, concurrent jurisdiction, and avoidance of unnecessary duplication.

The Court may request information about national proceedings, preserve evidence, protect victims or witnesses, and determine whether national proceedings are genuine, independent, and sufficient under the Treaty.

A final national judgment shall be given the effect required by Article 41, including the exceptions for fraudulent, corrupt, shielding, or fundamentally defective proceedings.

The Rules shall not prevent a State from exercising jurisdiction under its national law or prevent the Court from exercising its own lawful jurisdiction where Article 41 permits it.

Emergency and Exceptional Circumstances

Emergency or exceptional circumstances shall be addressed under Article 46 and shall not be used to suspend or remove fundamental rights except to the extent expressly permitted by the Treaty and applicable law.

The Court may adopt urgent procedural measures concerning safety, evidence preservation, remote hearings, detention, witness protection, Court operations, or continuity of justice where delay would create serious harm.

Emergency measures shall be necessary, proportionate, time-limited, recorded, and subject to judicial or other review required by the Treaty.

No emergency procedure may create an offence, increase a penalty, create capital eligibility, remove the presumption of innocence, or retrospectively alter criminal liability.

Depositary and Treaty Registration

The Registry shall cooperate with the Depositary in maintaining official records of signatures, ratifications, accessions, amendments, withdrawals, declarations, and other Treaty acts required by Article 48.

The Court shall use the official Treaty record when determining whether a State is bound by a provision and when determining the effective date of a Treaty act.

The Court shall not treat an unrecorded or legally ineffective Treaty act as changing the jurisdiction, rights, obligations, or criminal law applicable to a proceeding.

Official Treaty records shall be preserved securely and made publicly accessible to the extent required by the Treaty and consistent with legitimate confidentiality and security requirements.

Territorial Participation and State Succession

Questions concerning territorial participation, constitutional change, succession, or territorial status shall be determined in accordance with Article 52 and applicable international law.

The Court shall maintain records identifying the territorial and personal scope of a State Party’s participation where those matters affect jurisdiction, cooperation, enforcement, or Treaty obligations.

A constitutional or territorial change shall not automatically extinguish existing criminal responsibility, judicial proceedings, judgments, or enforcement obligations unless the Treaty or applicable international law expressly requires that result.

Where the legal status of a territory or successor State is disputed, the Court may require submissions and evidence and shall record the legal basis for its determination. The territorial-participation record shall distinguish State Party status from separate Court Party status under Article 52.

A separately admitted Court Party may exercise only the jurisdictional and participatory functions lawfully included in its admission, including any judicial nomination or appointment participation expressly provided under Article 4, and shall not thereby acquire sovereignty or constitutional powers not otherwise possessed under applicable law.

Protection of Court Personnel and Emergency Protection

The Court shall apply Articles 53 and 54 to protect judges, prosecutors, investigators, Registry personnel, Enforcement Officers, authorised technical personnel, designated participants, and other persons covered by the Treaty from retaliation, intimidation, obstruction, or serious threats arising from authorised Court functions.

The Court may issue protection requests, coordinate safe departure, temporary protection, relocation, evacuation, preservation of Court records or equipment, secure communications, or other lawful assistance through States Parties and competent authorities.

Protective assistance does not itself confer police, immigration, military, or coercive powers within another State. Any coercive action shall require the lawful basis required by Article 54 and, where applicable, Article 55.

The Court shall record material protection incidents and shall provide procedures for review, confidentiality, emergency authorisation, coordination with States Parties, and termination or modification when the threat changes.

Court personnel, enforcement officers, investigators, witnesses, victims and persons lawfully cooperating with the Court may receive protective measures authorised by the Treaty where threats, retaliation, intimidation or obstruction create a material risk.

Protection of Court personnel does not itself authorise conduct outside the legal powers established by the Treaty and applicable international law.

7. A protection assessment shall consider the seriousness, credibility and immediacy of the threat; the threatening actor and access to the protected person; risks to family or dependants; public exposure; conflict or instability; digital compromise; local protection; medical or accessibility needs; and whether a less intrusive measure is sufficient.

8. Graduated protective measures may include protected contact details, secure communications, secure transport, trusted or specially designated escorts, safe houses, secure accommodation, temporary relocation, emergency extraction, remote participation, medical or psychosocial assistance, and other lawful measures proportionate to the assessed risk.

9. Where a person cannot safely remain in the place of risk, the Registry may seek relocation through a willing State Party or other cooperating State or competent authority. Permanent or long-term relocation shall ordinarily be considered only where a serious and sustained threat cannot adequately be addressed by less intrusive measures.

10. A State Party or other cooperating State may, where its law permits, provide lawful residence, travel documentation, protected civil-status arrangements, identity confidentiality, replacement documentation, or other protected identity measures. The Court shall not itself create nationality, citizenship, passports, or governmental identity documents without lawful authority.

11. A protected identity or change-of-identity arrangement shall be exceptional, lawful, documented by the competent authority, confidential, and designed to avoid false criminal, financial, immigration, or civil-status records.

12. Immediate family members or materially dependent persons may be included in protective relocation where the assessed threat arises because of their relationship to the protected person or Court-related conduct.

Asset Tracing, Confiscation and Third-Party Claims

Asset tracing, freezing, seizure, confiscation, recovery, and victim return shall be conducted in accordance with Article 56 and the financial penalties authorised by Article 16.

Before final confiscation, persons claiming a legitimate legal or beneficial interest shall have a reasonable opportunity to assert that interest, subject to urgent preservation or freezing measures where delay would defeat recovery.

The Court shall protect bona fide third-party rights and shall distinguish proceeds and instrumentalities of crime from property merely associated with an accused person without a lawful basis for confiscation.

International enforcement of confiscation orders shall proceed through competent national authorities, lawful cooperation arrangements, or another recognised legal basis; Court personnel shall not assume unilateral physical seizure powers in foreign territory.

Lawful Basis for Resort to Force

Where a charge concerns the legality of resort to armed force, the charging document shall identify the claimed lawful basis, the factual circumstances relied upon, the conduct said to be unlawful, the accused's leadership or other legally sufficient role, and the required intent and knowledge.

The Court shall distinguish the claimed legal basis from the question whether war crimes or other offences were committed during the conflict. Classification of an armed conflict shall not itself establish that the resort to force was lawful or unlawful.

Where self-defence is claimed, the Court shall examine the alleged armed attack or other qualifying circumstance, necessity, proportionality, continuing necessity, and any collective self-defence requirements expressly applicable under the Treaty.

Where collective-security authorisation is claimed, the Court shall examine the legal authority, scope, purpose, conditions, territory, duration, and any material limitations of that authorisation. A Rule may not expand the authorisation or create a lawful basis not recognised by the Treaty.

Unlawful Resort to Armed Force

Unlawful resort to armed force shall be charged only where the prosecution identifies the absence, failure, cessation, or exceeded scope of a legally recognised basis and proves the accused's required leadership or other legally sufficient role and mental element.

The prosecution shall not rely solely on the fact that armed conflict occurred, that casualties resulted, or that another State characterised the conflict as unlawful. The legal basis and the material facts supporting the alleged unlawfulness must be proved.

A fabricated or materially false claim of self-defence may be considered where it forms part of the elements or aggravating circumstances established by the Treaty, but a mistaken legal assessment shall not automatically establish criminal intent.

Where the alleged conduct also constitutes aggression, the Court shall apply the specific aggression elements and shall not duplicate liability merely by using a second label for the same conduct without an independent Treaty basis.

Threats of Force and Nuclear or WMD Threats

An alleged unlawful threat of force shall identify the threatened use of force, the person or State threatened, the coercive purpose or protected right affected, the circumstances making the threat credible or operative, and the accused's required intent and knowledge.

Repeated or escalating threats may be considered together where they form part of a continuing course of coercive conduct. A threat involving nuclear weapons or other weapons of mass destruction shall be assessed under the Treaty, applicable law governing the use of force, applicable humanitarian law, and any specific weapon-related obligations binding on the relevant State.

A threat shall not be treated as lawful merely because the threatened force was never used. Where the threatened use would itself be unlawful, the Court shall examine whether the threat satisfies the separate Treaty offence and all required mental elements.

The Rules shall not state that every nuclear threat is automatically criminal solely because nuclear weapons are mentioned. Criminal liability shall depend on the Treaty elements, the threatened conduct, the legal basis claimed, and the circumstances proved.

Coercive Continuation of Armed Conflict

A charge of unlawful coercive continuation shall identify when the lawful basis for force ceased or why no lawful basis existed, the accused's effective control or direction, the demands imposed, and the coercive purpose.

The Court shall examine whether continued force was used to compel surrender, territorial transfer, money, resources, military or other assistance, alteration of lawful policy, abandonment of lawful proceedings, or another submission through armed coercion.

Duration is not a standalone offence element. Prolonged continuation, repeated ultimatums, blockade or deprivation, mass casualties, displacement, destruction, or systematic harassment may support proof of coercive purpose or aggravation where the Treaty elements are otherwise established.

The Court shall distinguish lawful continuation of hostilities from unlawful coercive continuation and shall not criminalise lawful defensive operations merely because they continue for a significant period.

Where the alleged coercive purpose is to force regime change by removing, replacing, installing, or preventing the lawful restoration of a government or political authority, the Court may investigate the conduct as a connected campaign. The prosecution shall identify and prove each applicable Treaty offence separately, including unlawful resort to armed force, unlawful threat of force, unlawful coercive continuation, aggression where its elements are satisfied, murder or attempted murder, abduction or kidnapping, enforced disappearance, torture, hostage-taking, persecution, and other offences. Common purpose, conspiracy, ordering, aiding, incitement, attempt, and other modes of liability may be applied only where their Treaty elements are independently proved. This Rule does not create a new aggregate offence called forced regime change.

Prolonged Stand-Offs and Human Consequences

Where an armed conflict continues for an extended period, the Court may examine whether the continued use of force remains legally justified and whether the responsible leadership is deliberately maintaining the conflict for coercive purposes prohibited by Article 57.

Civilian deaths, displacement, destruction of essential infrastructure, deprivation of food or medical care, economic strangulation, and other mass harms may be relevant evidence and aggravating circumstances where connected to a charged offence, but the occurrence of harm alone does not establish unlawful coercive continuation.

Repeated threats, ultimatums, refusal of lawful settlement measures, deliberate obstruction of humanitarian relief, or demands imposed on a population because of the conflict may be considered where they form part of the charged conduct and are supported by admissible evidence.

Nothing in this Rule permits the Court to declare an armed conflict unlawful merely because it has lasted six months or another specified period. The legal basis, continuing necessity, proportionality, coercive purpose, and individual responsibility must be separately determined.

Protection of States Parties and Cooperating States

The Court shall treat retaliation for ratification, accession, cooperation, evidence production, lawful surrender, victim or witness protection, or performance of a Treaty obligation as a matter requiring immediate protective assessment under Article 57 and Articles 53 and 54.

A State Party shall not lose its Treaty rights or be treated as having acted unlawfully merely because another State threatens, coerces, attacks, or attempts to punish it for complying with the Treaty.

The Court may issue lawful protection requests, preserve evidence, notify competent authorities, coordinate safe departure or protective assistance, and seek cooperation consistent with Articles 53 through 55.

The Rules do not grant the Court unilateral military, police, immigration, or coercive powers in foreign territory. Any physical intervention requires the lawful basis established elsewhere in the Treaty.

Protection Against Retaliation and Interference

The Court shall maintain procedures for immediate reporting and preservation of evidence concerning threats, attacks, intimidation, abduction, detention, harassment, coercion, or retaliation directed at Court personnel, victims, witnesses, defence participants, investigators, or lawful cooperating persons.

Where the conduct appears to constitute an offence under the Treaty, the Prosecutor may consider proceedings subject to the Court's jurisdictional requirements and the ordinary rights of the accused.

No person shall be compelled to alter testimony, evidence, legal submissions, judicial decisions, prosecutorial decisions, or cooperation through threats or force. Protection measures shall be necessary, proportionate, reviewable, and recorded.

The Court shall distinguish lawful criticism, diplomatic disagreement, or lawful exercise of State rights from prohibited retaliation or coercion. The protected status arises from the conduct and purpose specified in the Treaty, not from mere political disagreement.

5. Protection against retaliation shall apply before, during, and after a person's Court participation where the risk remains connected to the person's testimony, complaint, evidence, defence activity, investigation, Court service, or lawful cooperation.

6. Where a serious and immediate threat exists, the Court may seek emergency extraction, safe-house placement, secure accommodation, safe transport, trusted escorts, temporary relocation, or other urgent measures through a State Party or other competent authority that is willing and legally able to provide them.

7. The Court may coordinate relocation to a safe State where a State Party or other cooperating State voluntarily agrees and has lawful authority to admit and protect the person. A non-Party State is not required to act solely because the Court requests assistance.

8. A person shall not be promised a new nationality, passport, identity, immigration status, or other governmental document by Court personnel. Any such measure must be provided by the competent authority under the law of the State concerned.

Evidence of Threats and Coercive Demands

Evidence relevant to an alleged unlawful threat or coercive continuation may include official orders, military directives, diplomatic communications, public statements, recorded threats, ultimatums, communications with victims or State authorities, financial or supply demands, operational records, intelligence lawfully obtained, witness testimony, and other admissible evidence.

The Court shall assess the context, audience, authority of the speaker, capacity to carry out the threatened act, repetition, escalation, surrounding conduct, and stated or reasonably established purpose when determining whether a threat was credible or coercive.

Evidence of civilian harm shall not substitute for proof of the accused's required mental element or leadership role. The prosecution must establish each element beyond reasonable doubt.

Where evidence concerns nuclear weapons or other highly sensitive military capabilities, the Court shall apply its protective evidence procedures without weakening the accused's fair-trial rights or the requirement to prove every element beyond reasonable doubt.

Relationship Between Resort-to-Force Findings and War Crimes

A finding concerning the legality of resort to force shall not replace proof of any war crime. Each war crime must be proved under its own material, contextual, and mental elements.

A finding that the resort to force was unlawful shall not deprive civilians, prisoners, wounded persons, medical personnel, humanitarian personnel, or other protected persons of any protection under applicable humanitarian law.

A finding that a State acted lawfully in resorting to force shall not excuse any war crime, crime against humanity, torture, murder, sexual violence, unlawful detention, or other offence committed during the conflict.

Where the same conduct supports multiple offences, the Court shall apply the Treaty provisions on separate offences, merger, totality, and protection against double punishment.

Continuation of Treaty Protection During Armed Conflict

This Treaty remains applicable during armed conflict, military emergency, national emergency, occupation, siege, blockade, mobilisation, or other exceptional circumstances except to the limited extent an express Treaty provision lawfully provides otherwise.

No State may invoke armed conflict, military necessity, national security, sovereignty, or emergency as a general suspension of the Court's jurisdiction or of the substantive prohibitions established by Article 57.

The Court shall maintain continuity of investigations, records, evidence preservation, victim and witness protection, defence rights, judicial review, and lawful cooperation to the greatest extent permitted by the circumstances.

Any emergency procedural measure shall comply with Article 46 and Rule 216 and shall not create an offence, increase a penalty, create capital eligibility, or retrospectively alter criminal responsibility.

Minimum Age of Criminal Responsibility

Fourteen years is the minimum age of criminal responsibility under the Treaty, measured at the time of the conduct.

A person who was under fourteen at the time of the conduct shall not be held criminally responsible in a criminal proceeding under the Treaty. No exception applies because of the seriousness, gravity, violence, capital eligibility, or other nature of the alleged offence.

Where a child below fourteen is involved in conduct falling within the Treaty, lawful child-protection, safeguarding, medical, educational, rehabilitative, restorative, family-support, or other non-criminal measures may be used according to the child's needs and circumstances.

If the person's age cannot be established with sufficient proof, the Court shall not impose criminal responsibility on the basis of an unproved age above fourteen. The relevant age is the age at the time of the conduct.

Close-in-Age Relationship Continuity

The close-in-age continuity principle applies only where a genuine relationship was established between persons of similar age and developmental stage during their own childhood, adolescence, or developmental years and naturally continued as they grew older.

The recognised continuity pairings are 13 and 18, 14 and 19, 15 and 20, 16 and 21, and 17 and 22. These pairings do not create general permission for an adult to initiate a sexual relationship with a child.

The continuity principle does not apply where rape, sexual abuse, sexual exploitation, grooming, trafficking, sexual enslavement, coercion, exploitation, abuse of authority or trust, organised exploitation, predatory targeting, or another Treaty offence is proved.

The Court shall distinguish genuine developmental continuity from adult initiation, targeting, grooming, exploitation, coercion, trafficking, or other abuse of a child and shall examine the actual circumstances and evidence.

Protected Young Adult Sentencing

Persons aged eighteen to twenty-three remain adults for criminal responsibility and legal capacity but are a protected developmental group for sentencing and rehabilitation.

The Court shall consider age, maturity, developmental vulnerability, culpability, rehabilitation prospects, and proved coercion, threats, grooming, trafficking, exploitation, dependency, recruitment, manipulation, abuse of authority or trust, or other relevant developmental circumstances.

A protected young adult is not automatically exempt from capital sentencing where the offence is independently capital-eligible. Before imposing capital punishment, the Court shall consider the additional Treaty safeguards, including mitigation, rehabilitation prospects, developmental circumstances, and whether mercy, commutation, a non-capital sentence, or another lawful disposition is warranted.

Whole-life imprisonment shall not be imposed on a protected young adult merely because the offence is serious; where imposed, the Court shall record why the offence is sufficiently grave and why a lesser lawful life sentence would be inadequate.

Custodial sentences for protected young adults shall include developmental, rehabilitation, and mental-health assessment at judicially prescribed intervals, with demonstrated rehabilitation and progress considered wherever a lawful review, release, reduction, or commutation mechanism is available.

Complaints and Accountability Procedure

Complaints concerning Court misconduct, corruption, abuse of authority, discrimination, intimidation, unlawful interference, bribery, conflicts of interest, or other serious wrongdoing connected with Court functions shall be received, recorded, assessed, protected against retaliation, and referred or investigated through the independent Complaints and Accountability Office established by Article 23.

The Office shall maintain confidentiality where required, give the subject of a complaint a fair opportunity to respond where appropriate, preserve relevant evidence, record reasons for decisions, and refer credible evidence of criminal conduct to the competent prosecutorial authority or apply the lawful disciplinary route. This Rule implements Article 23 and does not create a criminal offence.

Conflicts of Interest and Disclosure

Judges, Prosecutors, Registry officials, Enforcement Officers, assessors, experts, and other Court personnel covered by Article 24 shall disclose actual, potential, or reasonably perceived conflicts relevant to a matter before them.

A person with a disqualifying conflict shall withdraw from the affected function unless the competent authority determines, for recorded reasons, that no conflict exists or that another lawful safeguard is sufficient. Financial interests, gifts, benefits, close personal relationships, prior professional involvement, and other circumstances capable of affecting impartiality shall be assessed under Article 24.

The Court shall maintain appropriate disclosure records and procedures for review, recusal, challenge, and resolution of conflicts.

Financial Transparency and Donor Disclosure

Financial records, donations, sponsorships, digital revenue, membership or participation contributions, and other lawful Court income shall be recorded in accordance with Article 37 and applicable confidentiality and safety safeguards.

Where Article 20 requires disclosure of significant donors or financial interests, the responsible Court authority shall record the identity, amount, date, source category, and any lawful restriction on publication. Anonymous donations may be accepted only where lawful and where the source and transaction can be recorded internally for audit and anti-corruption purposes.

Public disclosure shall protect personal safety, privacy, confidential security information, and any lawful restriction while preserving meaningful financial transparency.

Independent Financial Audit

The Court's financial records shall be subject to independent audit at intervals established by the Assembly and under the financial framework of Article 37.

Auditors shall have appropriate access to financial records, supporting documentation, donation records, expenditure records, reserves, digital revenue, and asset records, subject to lawful confidentiality and security protections.

Audit findings, material qualifications, corrective actions, and responses shall be recorded and reported through the Court's accountability and financial oversight structures.

Registry Governance and Administrative Procedures

The Registry shall maintain the official Court record, filings, notices, registers, procedural communications, and administrative records required by Article 38.

Registry appointments, delegated authority, continuity arrangements, records management, cybersecurity, remote operations, and administrative procedures shall be documented and applied consistently with this Treaty.

The Registry shall not exercise judicial, prosecutorial, investigative, or enforcement powers except where this Treaty expressly assigns an administrative or procedural function necessary to support those organs.

Use of Force by Court Enforcement Officers

A Court Enforcement Officer may use force only where lawfully authorised, necessary, and proportionate to the lawful objective, including protection of life, prevention of an imminent threat of death or serious bodily harm, or execution of a lawful Court order.

Lethal force may be used only where strictly necessary to protect life or prevent an imminent threat of death or serious bodily harm. The officer shall, where reasonably practicable, use lawful identification, warning, de-escalation, and less harmful means before force.

Every use of force shall be recorded and subject to review. Unlawful, excessive, retaliatory, discriminatory, or unauthorised force may result in disciplinary action, referral for investigation, or prosecution where the elements of a Treaty offence are established.

Professional Assessment and Review

Assessments, examinations, competency reviews, and appointment-related evaluations conducted under Article 51 shall use published criteria appropriate to the role, qualified assessors, consistent procedures, records of decisions, and safeguards against bias, discrimination, corruption, or improper influence. For judicial office, competency and integrity qualification shall be completed before appointment, and no later voting or nomination stage may waive a required judicial standard.

A candidate may request review where a serious procedural error, conflict of interest, corruption, discrimination, or improper conduct may have materially affected the assessment. The review shall be conducted by an appropriately independent reviewer or panel and shall provide a reasoned outcome.

This Rule governs procedure only and shall not alter the substantive qualification requirements established by Article 51.

Judicial Notice

The Court may take judicial notice of a fact that is generally known, capable of reliable and accurate verification, or otherwise appropriate for judicial notice under this Treaty and these Rules.

Before relying on a disputed or material fact through judicial notice, the Court shall give the parties a reasonable opportunity to address the proposed fact and its relevance or accuracy. Judicial notice shall not be used to establish an element of a criminal offence where the fact is genuinely disputed and requires proof.

Prosecutor Appointment, Term and Removal

The Prosecutor shall be appointed through the independent, merit-based qualification and appointment process required by Article 12.16. Candidates shall first satisfy the Court's published competency, integrity, independence, and impartiality requirements. Any formal appointment vote or confirmation by an Assembly or other appointing authority shall be limited to candidates from that independently qualified pool and shall not authorise political instructions, conditions on prosecutorial outcomes, or interference with an individual investigation, prosecution, charging decision, disclosure decision, appeal, or other prosecutorial function.

A proposal to remove the Prosecutor under Article 12.16 shall state the alleged serious misconduct, corruption, incapacity, or material breach of duty and shall be supported by sufficient particulars for a fair response. Removal shall proceed only through the competent independent procedure established by the Treaty and these Rules and shall not be used to punish disagreement with a lawful prosecutorial decision.

The Prosecutor shall receive notice of the proposed removal, access to the material relied upon subject to lawful protective restrictions, and a reasonable opportunity to respond and present evidence. The competent authority shall give a reasoned decision. The procedure shall preserve prosecutorial independence and shall not permit removal merely because a State, political body, victim, accused person, or other participant disagrees with a lawful prosecutorial decision.

Court Protection Risk Assessment

For significant protection requests under Articles 25, 53 and 54, the Court shall conduct or record a proportionate risk assessment addressing the nature, credibility, immediacy and persistence of the threat, the source and capability of the threat, access to the person, family and dependant risks, public exposure, conflict conditions, digital security, local protection, health or accessibility needs, and available less intrusive measures.

The assessment shall distinguish verified facts, reported concerns, professional risk analysis, and unresolved uncertainty. The Court shall not promise a protective outcome before the competent authority has assessed and authorised the measure.

Where a significant protective measure is proposed, the responsible Court authority shall record the reasons, scope, duration, responsible authority, confidentiality requirements, review date, and any necessary safeguards for the rights of other participants.

Safe Houses, Secure Accommodation and Escorts

The Court may arrange or request safe houses, secure accommodation, secure transport, or temporary protective locations through States Parties or other competent authorities that are willing and legally able to provide them.

Where lawful and appropriate, a State Party may designate trusted officials or other authorised personnel to escort or assist a protected person during departure, transit, admission, relocation, or return. Such personnel remain under the authority and law of the State concerned.

The Court shall not represent an escort, safe house, or protective location as being under Court police authority unless a separate lawful instrument expressly establishes that authority.

Relocation to a Safe State

Where a protected person cannot safely remain in the place of risk, the Court may seek temporary or longer-term relocation to a State Party or other cooperating State that voluntarily agrees and has lawful authority to receive and protect the person.

Long-term or permanent relocation shall ordinarily be a measure of last resort where the threat is serious and sustained and cannot adequately be addressed by temporary relocation or other effective protection.

Where relocation includes immediate family members or materially dependent persons, the Court shall assess their protection needs and the legal capacity of the receiving State to accommodate them.

Protected Identity and Government Documents

A protected identity arrangement or replacement identity documentation may be requested only where lawful and where the competent authority of the relevant State has legal power to provide it.

Such an arrangement shall be exceptional and shall be considered only where a serious and sustained threat cannot reasonably be addressed by less intrusive measures. The competent authority shall maintain lawful records sufficient to establish the person's legal status while protecting the person's operational identity as permitted by law.

The Court shall not itself create nationality, citizenship, passports, national identity cards, residence permits, civil-status records, or other governmental documents. The Court may coordinate a lawful request to a competent State authority where that authority is willing and legally able to act.

Protection After Proceedings and Review

Protection may continue after testimony, proceedings, appeal, or judgment where the assessed risk remains connected to Court participation, Court service, cooperation, or evidence.

Protective measures shall be reviewed periodically and modified, extended, or ended according to the continuing risk. The Court shall seek the least intrusive effective measure consistent with safety, dignity, confidentiality, and the rights of the accused and other parties.

The Court shall record significant protection decisions and their review dates while protecting operationally sensitive information. Nothing in these Rules requires a non-Party State to provide protection, admission, relocation, nationality, identity documentation, or other assistance without a lawful basis and the State's consent.

Exceptional Cross-Border Accountability Application

An application for an exceptional declaration under Article 46 shall be made by the Prosecutor or another officer expressly authorised by the Treaty and these Rules.

The application shall identify the alleged offences, jurisdictional basis, persons concerned, evidence, continuing threat, ordinary mechanisms considered, why those mechanisms are unavailable or ineffective, proposed protective measures, legal basis for any cross-border activity, proposed duration, and available less intrusive alternatives.

The application shall distinguish allegations, evidence under assessment, verified evidence, and established judicial findings. The existence of an exceptional application shall not itself establish guilt.

Exceptional Judicial Authorisation

No exceptional cross-border protective measure may be executed without written judicial authorisation unless an immediately necessary temporary protective action is expressly permitted by Article 46 and these Rules.

The authorisation shall specify the legal basis, purpose, persons protected or subject to the order, geographical scope, duration, competent executing authority, permitted conduct, limits on force, reporting requirements, and review date.

The authorisation shall not create an offence, increase a sentence, create capital eligibility, determine guilt, or remove any fair-trial safeguard.

Where physical action outside the Court's ordinary territorial authority is contemplated, the judicial authorisation shall identify the separate lawful basis permitting that action.

Exceptional Measure — Least Intrusive Lawful Action

The Court shall prefer lawful cooperation, protection, transfer, surrender, evacuation, humanitarian assistance, evidence preservation, financial restraint, diplomatic or judicial requests, and other lawful measures before any more intrusive exceptional measure.

An exceptional measure shall be limited to the persons, conduct, territory, functions, and period necessary to address the identified threat.

Nothing in an exceptional authorisation permits an Enforcement Officer to expand the order independently.

Continuing Judicial Review of Exceptional Measures

The judicial panel shall review an exceptional measure at the intervals specified in the authorisation and whenever material circumstances change.

The Court shall terminate the measure when its legal conditions cease to exist.

Material continuation shall require recorded reasons addressing jurisdiction, continuing threat, necessity, proportionality, alternatives, duration, and the legal basis for any cross-border activity.

Emergency circumstances shall not be used to suspend the presumption of innocence, create an offence, increase a penalty, create capital eligibility, or retrospectively alter criminal responsibility.

Judicial Qualification and Routes to Judicial Service

Any person may seek judicial service through a lawful Court route established under the Treaty and Rules, including Court Academy or education routes, professional or practical experience, independent study or training, public or professional application, or another approved route.

All routes shall be assessed against the same substantive judicial competency, integrity, independence, and impartiality requirements applicable to the judicial office sought. No route shall create a lower standard of judicial qualification.

Completion of an Academy course, programme, examination, professional qualification, or other route may provide evidence of competence or eligibility to apply but shall not by itself appoint a person as a judge.

A candidate who satisfies the published judicial requirements shall be entered into the judicially qualified candidate pool or otherwise recorded as qualified for appointment in accordance with the Court's procedures.

Appointment to judicial office is separate from competency qualification and separate again from assignment to an individual case. These stages shall not be merged in a manner that permits political participation in one stage to override the safeguards of another.

Joint Judicial Appointment Process

The Joint Judicial Appointment process shall operate only from the Court's judicially qualified candidate pool.

States Parties and separately admitted Court Parties shall have the nomination, participation, and any voting rights expressly provided by Article 4 and these Rules. Such participation shall support legitimate international representation and diplomacy while preserving the Court's independent control of judicial qualification.

Where a voting stage is used for appointment, only candidates who have already satisfied the Court's competency, integrity, independence, and impartiality requirements may be put to that stage.

No vote, nomination, or political agreement may appoint a person who has not satisfied the Court's published judicial qualification requirements.

The Joint Judicial Appointment process determines appointment to judicial office. It shall not be used to select judges for an individual case, to remove a judge from a particular case for political reasons, or to predetermine the outcome of any judicial proceeding.

Independent Assignment of Judges to Cases

After judges are appointed to judicial office, individual cases shall be assigned through an independent judicial assignment procedure established by the Court. The procedure shall be predetermined, transparent in its governing criteria, and capable of using objective factors such as judicial availability, required competence, workload, rotation, and conflict-of-interest safeguards.

Assignment to an individual case shall not be determined by the Assembly of States Parties, a State Party, a separately admitted Court Party, a government, political organisation, donor, accused person, victim, prosecutor, defence representative, media campaign, or other external authority.

The identity or political status of an accused person shall not by itself determine the assignment of a particular judge. Where the Treaty requires or permits a three-judge panel, the panel shall be constituted from the qualified judicial pool by the independent assignment procedure.

Each proposed assignment shall be subject to the conflict, recusal, impartiality, and other judicial-integrity safeguards required by Article 24 and the applicable Rules.

The Court shall maintain a secure record of the basis for each judicial assignment sufficient to demonstrate that the assignment procedure was applied according to the established criteria without improper external influence.

Three-Judge Panels for High-Profile, Exceptional and Capital Cases

Where Article 4 requires or permits a three-judge panel, the Court shall constitute that panel from judges who have already been appointed to judicial office and who satisfy the competency requirements relevant to the case.

Cases involving Heads of State, Heads of Government, senior government or military officials, senior political figures, exceptionally grave international consequences, or offences carrying potential capital punishment shall ordinarily be assigned to a three-judge panel.

The panel constitution shall be conducted by the independent judicial assignment procedure and shall not be determined by a political, diplomatic, electoral, financial, or external vote.

Where practicable, the Court shall constitute the panel so that its members collectively possess the legal, evidential, international-law, human-rights, victim-protection, or other specialist competence relevant to the case.

The Court shall consider judicial independence, impartiality, personal safety, security, and reasonable protection against intimidation or retaliation when constituting a panel, without allowing security concerns to become a mechanism for external control of judicial selection.

Once constituted, the three judges shall exercise equal judicial authority. Any majority decision of the panel is a judicial determination and shall not be treated as an endorsement or selection by the States Parties, Court Parties, or any other external body.

Judicial Independence, Conflict and Panel Protection

Before a judge is assigned to a high-profile, exceptionally grave, or capital-eligible case, the Court shall provide a documented opportunity to disclose conflicts, relevant prior involvement, improper influence, material threats, or other circumstances capable of affecting impartiality or safe performance.

A judge shall not be excluded merely because a government, political organisation, media campaign, accused person, victim, or other person demands a particular result. Removal or replacement shall occur only under lawful conflict, recusal, incapacity, security, or other judicial procedures established by the Treaty and Rules.

Where credible threats or retaliation risks arise, the Court may apply lawful protective measures for judges and their families or relevant personnel, including secure communications, protected locations, controlled disclosure, remote participation where appropriate, and other safety measures authorised by the Court.

Safety measures shall protect judicial independence rather than transfer case-selection authority to any political or external body.

Where a judge must be replaced for a lawful reason, the replacement shall be selected from the qualified judicial pool through the same independent assignment principles and shall not be chosen by an interested party or external authority.