FOUNDING LEGAL INSTRUMENT

Founding Treaty of the God's Court of the People

Treaty Status & Publication Notice

Status: Proposed Founding Treaty — Open for Public Review and Proposed Ratification

This Proposed Founding Treaty is published as a legal instrument for public examination and formal review. Its Articles, procedures, and institutional framework may be considered, analysed, and refined through the review process before any entry into force.

Public Review and Examination
The Treaty is published for legal analysis, public discussion, academic study, and consideration of proposed amendments before any ratification process is completed.
Proposed Signature and Ratification
States, peoples, and eligible participants may review the Treaty and consider proposed signature or ratification in accordance with its procedures and provisions.
Entry Into Force Requirements
This Treaty is not currently in force and does not create operational Court authority or binding obligations at this stage. The Treaty and institutions described within it would become effective only after the required ratifications and conditions have been satisfied.

The complete Proposed Founding Treaty is presented below as a structured legal instrument for public examination. Readers may review the Preamble, Articles, and Final Declaration using the navigation index.

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PROTECTED DEVELOPMENTAL AGE FRAMEWORK

Age Categories Used by the Proposed Treaty

The Proposed Treaty recognises four developmental age categories. These categories describe legal protections and developmental circumstances recognised by the Treaty. The categories do not, by themselves, create criminal responsibility or remove criminal responsibility established elsewhere in the Treaty.

Age	Treaty category	Legal position
Under 14	Below the minimum age of criminal responsibility	A person under 14 at the time of conduct cannot be held criminally responsible in a criminal proceeding under the Treaty. Child-protection, safeguarding, medical, educational, rehabilitative, restorative or family-support measures may apply where lawful.
14–17	Protected child / adolescent	The person is within the Treaty age of criminal responsibility but receives enhanced child and adolescent protections. Age, maturity, coercion, grooming, trafficking, exploitation, dependency, authority and other relevant circumstances must be considered where legally relevant.
18–23	Protected young adult	The person remains an adult with adult legal autonomy and criminal responsibility. Developmental maturity, vulnerability, coercion, exploitation and other proved circumstances may be relevant to culpability and sentencing. The framework also protects genuine close-in-age relationship continuity where the relationship was established during the protected developmental period and no prohibited conduct is established.
24+	Ordinary adult status	The ordinary protections of the Treaty apply.

Why the Protected Young-Adult Category Extends to 23

The 18–23 category has two distinct legal purposes.

First, it recognises continuity of a genuine close-in-age relationship that was established during the persons' own developmental years. The Treaty expressly recognises continuity in the pairings 13 and 18, 14 and 19, 15 and 20, 16 and 21, and 17 and 22, subject to the Treaty safeguards. The rule is not permission for an adult to initiate a sexual relationship with a child. The Court must examine how and when the relationship began, the ages and developmental stages of the persons, and whether there was coercion, manipulation, grooming, dependency, abuse of authority or trust, exploitation, trafficking, predatory targeting or other prohibited conduct.

Second, the protected young-adult category recognises that a person aged 18–23 is legally an adult while developmental circumstances concerning maturity, understanding of consequences, vulnerability, coercion, exploitation or other circumstances proved in the particular case may remain relevant to culpability and sentencing. The Treaty provides additional safeguards for severe penalties, including capital sentencing where the offence is otherwise capital-eligible.

The protected young-adult category therefore does not create a general exemption from criminal responsibility, does not create a new age of consent, and does not override any separate offence or protection established by the Treaty.

Age at the time of the conduct controls wherever age is legally relevant. A person who was under eighteen at the time of the offence shall not receive a death sentence.

Full wording: Article 11 — Definitions and Article 16 — Sentencing and Penalties.

Preamble

We, the States Parties to this Treaty,

Recognizing the equal dignity, worth, and fundamental rights of all human beings;

Affirming respect for all faiths, beliefs, traditions, and those of no religious faith;

Recognizing the right of peoples to live in peace, security, freedom, and dignity;

Seeking justice, peace, truth, reconciliation, accountability, and the peaceful resolution of disputes;

Determined to establish an independent international Court that serves the people and protects the rights and dignity of all persons;

Recognizing that, in accordance with this Treaty, qualifying nations, constituent countries, territories, autonomous communities, and other political communities may be separately admitted to the Court as Court Parties, without thereby becoming States Parties or acquiring sovereignty or constitutional powers not otherwise possessed under applicable law;

Recognizing that serious crimes and violations of international law may affect not only individuals and nations, but humanity as a whole;

Determined that genocide, crimes against humanity, war crimes, human trafficking, sexual exploitation, abduction, and other serious violations of law should not go unanswered where lawful jurisdiction exists;

Affirming that no person, State, government, institution, organisation, ruler, official, or other authority should be above the law where the Court has lawful jurisdiction;

Recognizing the importance of transparent and accessible justice, including public proceedings and live broadcasting, so that people may observe the administration of justice;

Recognizing the importance of modern technology and secure remote proceedings in making international justice accessible, efficient, and available to people regardless of geographical location;

Determined to provide victims and witnesses with protection, dignity, and an opportunity to be heard while preserving the fundamental rights of accused persons;

Affirming the independence and impartiality of judges, investigators, prosecutors, and other officers of the Court;

Seeking to establish a Court capable of investigating serious violations on its own initiative where lawful jurisdiction exists, while also receiving information from States, international organisations, humanitarian organisations, human-rights organisations, victims, witnesses, and other reliable sources;

Determined that justice should not depend upon wealth, nationality, political power, religious belief, social position, royal status, governmental office, or other position of authority;

Agree to establish an independent international institution known as the God's Court of the People.

This Court exists to uphold justice, peace, truth, human dignity, accountability, and respect among all peoples.

The Court recognises that no State, government, institution, organisation, official, ruler, or individual is above the law where the Court has lawful jurisdiction.

The Court shall seek to protect victims, uphold the rights of all persons appearing before it, and ensure that justice is administered independently, transparently, impartially, and without discrimination.

The Court shall serve the people and the international community by providing a forum in which serious violations of law may be investigated, heard, judged, and, where appropriate, sentenced in accordance with this Treaty and applicable international law.

The Court shall strive to ensure that justice is accessible to all people regardless of nationality, wealth, status, religion, political opinion, or position of authority.

ARTICLE 1

Establishment

The States Parties hereby establish the God's Court of the People as an independent international judicial institution under this Treaty.

The Court shall have international legal personality. It shall have such legal capacity as may be necessary for the exercise of its functions and the fulfilment of its purposes under this Treaty, including the capacity to enter agreements, employ personnel, acquire and dispose of property and assets, administer funds, enter contracts, and participate in legal proceedings where necessary for the lawful performance of its functions. The exercise of such capacity shall be subject to this Treaty, applicable international law, and the decisions of the competent organs of the Court.

The Court shall exercise its functions and powers in accordance with this Treaty and the applicable principles and rules of international law.

The Court shall be independent and impartial in the exercise of its judicial functions and shall not be subject to direction or interference from any State Party or other external authority.

ARTICLE 2

Purpose, Proceedings and Sentencing

The Court shall promote justice, peace, truth, reconciliation, accountability, and the peaceful resolution of international disputes.

The Court may hear disputes concerning matters of international law, including disputes concerning borders, territorial claims, and the legality of the initiation or conduct of armed conflict, where the Court has jurisdiction under this Treaty or another applicable international agreement.

Subject to its jurisdiction, the Court may hear allegations concerning: a. genocide; b. crimes against humanity; c. war crimes; d. sexual abuse, exploitation, and trafficking of children; e. abduction and kidnapping; f. sex trafficking and other forms of human trafficking; g. serious organised criminal activity as expressly defined as an offence under this Treaty; h. serious violations of international law expressly falling within the Court's jurisdiction under this Treaty; and i. other offences expressly established by this Treaty or by a duly adopted amendment to this Treaty.

Where a person or matter falls outside the territorial or personal jurisdiction of the Court, the Court may nevertheless conduct proceedings where jurisdiction is otherwise established under this Treaty or applicable international law, including where a person has been lawfully notified of proceedings and declines or refuses to recognise, attend, or participate in the proceedings.

A judgment or sentence made against a person who is outside the jurisdiction of the Court shall remain a judicial determination of the Court. Physical enforcement of any sentence against that person shall occur only where the person subsequently enters, or is otherwise lawfully brought within, the jurisdiction of a State Party or another jurisdiction that has lawfully agreed to enforce the Court's judgment or sentence.

The Court shall encourage reconciliation, mediation, restorative justice, and other peaceful forms of dispute resolution where appropriate and consistent with justice and the rights of victims.

The Court shall protect the dignity, equality, safety, and fundamental rights of every person appearing before it.

Proceedings of the Court shall be public and transparent. Trials and other public hearings shall ordinarily be broadcast live through appropriate media and communication platforms so that members of the public may observe the administration of justice. Restrictions on public access or live broadcasting shall only be permitted where the Court determines that a restriction is necessary for the protection of a victim, witness, child, confidential information, national security, or the proper administration of justice.

The Court may determine that proceedings, hearings, preliminary proceedings, investigations, or other judicial proceedings shall be conducted wholly or partly by secure video link or other approved remote means. Remote proceedings may be used as a normal method of operation of the Court and shall not be limited to circumstances involving danger or inability to attend in person.

The Court may determine the appropriate method of attendance for each case, taking into account the interests of justice, the rights of all parties, the safety and welfare of participants, the nature and complexity of the proceedings, available facilities, and the effective and economical administration of the Court.

Remote participation may take place from a person's home, a police station, prison, detention facility, legal office, or another secure location approved by the Court. Where necessary for safety, security, custody, or enforcement purposes, appropriate law-enforcement or authorised personnel may be present at the location from which the person participates.

The use of remote proceedings shall not prevent the Court from requiring physical attendance where it determines that physical attendance is necessary for a fair, effective, or safe proceeding.

Where the Court finds a person guilty, the Court shall have authority to determine and impose an appropriate sentence in accordance with this Treaty, the gravity of the offence, the circumstances of the convicted person, and the principles of justice.

Sentences imposed by the Court shall be judgments of the Court and shall not be reduced, altered, or replaced solely because the convicted person is subsequently located within a State whose national law provides a different maximum or minimum sentence for the same conduct.

The Court may enter agreements with States Parties concerning the enforcement of its sentences, including imprisonment, life imprisonment, transfer of prisoners, confiscation of assets, restitution, deportation or removal following completion of a sentence, and other lawful forms of enforcement.

Where a sentence imposed by the Court cannot lawfully be enforced in the State where the convicted person is located, the Court may seek the transfer of that person to another State Party, separately admitted Court Party where it has lawful authority to receive and enforce the sentence, or another jurisdiction that has agreed and is legally able to enforce the sentence.

The Court may establish and maintain a Court Enforcement Service consisting of appropriately authorised officers responsible for carrying out Court warrants, orders, arrests, transfers, property recovery, confiscation, removal, deportation, and other enforcement functions authorised by the Court.

Court Enforcement Officers may exercise their powers within the territory of a State Party where authorised by this Treaty and the law of that State, and may operate within other territories where the relevant State or competent authority has lawfully authorised or requested their assistance.

The Court Enforcement Service shall cooperate with national police, border, customs, prison, judicial, financial, and other competent authorities where necessary to enforce the lawful orders and judgments of the Court.

Where the Court determines that the gravity of an offence warrants the maximum available sentence, the Court may impose the death penalty only where the offence is expressly capital-eligible under Article 16 and every requirement of Article 16 and the applicable appeal and review safeguards has been satisfied.

A sentence of death may be enforced only through a State Party or other competent authority that has lawfully agreed and is legally authorised to carry out that sentence. Separate Court Party status alone does not confer authority to carry out a death sentence. If the State in which the convicted person is located cannot lawfully carry it out, Article 16.20 shall govern transfer and replacement of the death sentence for enforcement purposes.

No person shall be transferred, deported, removed, imprisoned, subjected to capital punishment, or otherwise subjected to enforcement action except pursuant to a lawful order or judgment of the Court and in accordance with the safeguards and procedures established by this Treaty.

The Court shall have authority to establish appropriate systems for the recording, preservation, publication, and public access of proceedings and judgments, subject to the protections established by this Treaty.

No person shall be exempt from the jurisdiction, investigation, arrest, prosecution, trial, judgment, or sentencing of the Court solely because of their official, political, royal, governmental, military, religious, diplomatic, financial, social, or other status.

This includes, without limitation, Heads of State, monarchs, members of royal families, Heads of Government, presidents, prime ministers, ministers, legislators, judges, military commanders, senior public officials, diplomats, religious leaders, political leaders, business leaders, or any other person exercising public or private authority.

Official position, rank, title, diplomatic status, immunity granted by national law, or membership of a government or organisation shall not by itself prevent the Court from exercising jurisdiction where the requirements of this Treaty have been satisfied.

The Court shall have authority under this Treaty to issue arrest warrants and other lawful orders against any person subject to its jurisdiction, regardless of their official position or status.

Where the Court has lawful jurisdiction over a person or matter, non-recognition of the Court by the State or political community in which the person is located shall not by itself prevent the Court from investigating, prosecuting, adjudicating, sentencing, or maintaining lawful judicial orders concerning that person or matter.

Where conduct is alleged to have occurred across multiple States or jurisdictions, the Court may determine the connected conduct and the individual responsibility of persons who ordered, planned, prepared, directed, financed, recruited for, facilitated, encouraged, concealed, or otherwise intentionally contributed to that conduct, provided that each offence, jurisdictional basis, mode of responsibility, and required mental element is separately established.

Exceptional cross-border humanitarian protection and accountability measures are governed by Article 46 and the applicable Rules. They are distinct from the imposition or enforcement of a criminal sentence and shall not create a general power to invade, occupy, annex, or replace the government of another State.

ARTICLE 3

Principles

The Court shall be independent and impartial in the exercise of its judicial functions.

The Court shall respect freedom of religion, belief, conscience, and the right to hold no religious belief.

The Court shall treat every person equally before the law, without discrimination on the grounds of nationality, religion, belief, ethnicity, sex, political opinion, or other status.

The Court shall determine cases in accordance with this Treaty, applicable international law, and the fundamental principles of a fair and impartial judicial process.

Proceedings shall be conducted openly and transparently, subject only to restrictions necessary to protect victims, witnesses, children, confidential information, national security, or the proper administration of justice.

The Court shall respect the dignity, fundamental rights, and safety of victims, witnesses, accused persons, and all other persons participating in its proceedings.

No State, organisation, public official, private individual, or other person shall be above the law within the jurisdiction of the Court.

A person's refusal to recognise the Court, refusal to attend proceedings, or location outside the jurisdiction shall not, by itself, prevent the Court from determining a case where the Court otherwise has lawful jurisdiction and the requirements of a fair trial have been satisfied.

The Court shall recognise and apply applicable laws concerning the identification, restraint, recovery, confiscation, and return of the proceeds of crime, subject to this Treaty and applicable international law.

10. The Court shall uphold justice, mercy, truth, and unity together with human dignity, lawful autonomy, fundamental rights, safety, accountability, and restoration. These principles shall be applied so that mercy does not erase lawful accountability, justice does not exclude lawful rehabilitation or restoration, truth is not subordinated to political or institutional interests, and unity is not used to conceal criminal conduct or impose collective punishment.

11. Criminal responsibility before the Court is individual. No person shall be treated as criminally responsible solely because of nationality, family relationship, political affiliation, social status, religion, occupation, association, residence, membership of a population, or connection with a State, organisation, or group. Pattern, scale, leadership, organisation, or association may be relevant evidence only where they assist proof of the accused person's own legal responsibility and required mental element.

12. The Court shall protect human development throughout life while preserving lawful adult autonomy. A person's natural physical, psychological, emotional, social, educational, or relational development shall not itself constitute criminal conduct. The Court shall distinguish lawful relationships and ordinary developmental circumstances from rape, coercion, grooming, trafficking, exploitation, abuse of authority or trust, forced participation, or other conduct expressly prohibited by this Treaty.

13. A child is entitled to the highest level of developmental protection required by this Treaty. The Court shall distinguish genuine close-in-age circumstances and lawful adolescent development from conduct involving coercion, exploitation, grooming, trafficking, abuse, authority, dependency, or other prohibited conduct. Protection shall not be interpreted as removing lawful autonomy or criminalising ordinary human development.

14. Persons aged eighteen to twenty-three are adults and possess adult legal rights and responsibilities. Where the circumstances require it, the Court shall nevertheless consider protected developmental circumstances relevant to exploitation, coercion, trafficking, recruitment, dependency, grooming, abuse of vulnerability, and sentencing. Adult status shall not be treated as a waiver of protection against exploitation.

15. Grooming may occur in sexual or non-sexual contexts, including trafficking, organised crime, gangs, forced labour, prostitution or sexual exploitation, military or armed activity, terrorism or violent extremism, financial exploitation, dependency, criminal recruitment, domestic exploitation, institutional exploitation, or exploitation through promises of a better life. The relevant question is whether a person intentionally built trust, dependency, loyalty, obligation, fear, emotional attachment, or another position of influence for the purpose of subsequent exploitation, control, recruitment, abuse, or prohibited conduct. Emotional attachment alone shall not establish criminal responsibility.

16. Forced enlistment, forced military participation, forced participation in armed conflict, or coercive recruitment into violence or organised criminal activity shall be treated according to the express offence provisions of this Treaty. The protected age, vulnerability, dependency, coercion, exploitation, or forced circumstances of an affected person may aggravate responsibility where the relevant offence and elements are proved. Responsibility remains individual and must be established beyond reasonable doubt.

17. Systematic, organised, prolonged, or generational exploitation may be relevant to gravity and individual responsibility where proved. The Court may examine chains of political, governmental, corporate, organised-crime, trafficking, gang, institutional, or street-level exploitation, but no person shall be convicted merely because they occupy a position within a chain. Abuse of position, leadership, coordination, concealment, recruitment, financing, direction, or other intentional contribution shall be proved according to the applicable offence and mode of liability.

18. Victim status and the need for protection shall not expire merely because harm is discovered later, a victim has reached adulthood, time has passed, a victim remained in a relationship with an offender, dependency or emotional attachment existed, or a victim did not report the conduct at the time. Such circumstances shall be assessed according to the evidence and applicable law and shall not by themselves establish guilt or negate the accused person's fair-trial rights.

19. Criminal accountability and humanitarian accountability are distinct but connected. A criminal finding shall determine individual responsibility according to the criminal standard of proof. Lawful restoration, compensation, asset recovery, humanitarian assistance, and victim support shall be pursued through the separate legal mechanisms established by this Treaty and the Rules and shall not substitute for proof of criminal guilt.

20. Where criminal conduct and its proceeds are established according to this Treaty, the Court may order lawful tracing, freezing, confiscation, recovery, or restoration subject to judicial safeguards and protection of innocent family members, dependants, employees, business partners, communities, and other innocent third parties. Collective punishment or collective criminal liability shall not be imposed merely because persons are related to, employed by, associated with, or live among persons found responsible.

21. The Court shall protect judicial independence, equality before the law, the presumption of innocence, effective defence, lawful evidence, reasoned decisions, victim and witness protection, and meaningful appeal and review. Protective measures shall be applied consistently with the accused person's fair-trial rights.

22. The Rules of the Court shall implement this Treaty (see Rule 1 for their authority and Rule 3 for legality and non-retroactivity) but shall not contradict it, create a new criminal offence, increase a Treaty maximum penalty, enlarge capital eligibility, remove a Treaty right, or convert comparative law or policy into binding Court law without lawful Treaty authority.

Final Treaty rule — fundamental principles and protected developmental age: children under eighteen receive the protections expressly established by this Treaty. Persons aged eighteen to twenty-three are adults for legal responsibility but may receive enhanced consideration of developmental vulnerability, coercion, dependency, grooming, trafficking, recruitment, exploitation, and maturity where proved.

The Court shall administer justice according to the principles of Justice, Mercy, Truth and Unity while protecting human dignity, lawful autonomy, fundamental rights, safety and peaceful restoration.

Criminal responsibility shall remain individual. No person is criminally responsible merely because of nationality, family relationship, political affiliation, social status, religion, occupation, association, organisational membership or population identity.

Organised, systematic, repeated or generational patterns may be examined as evidence of context, planning, structure, duration, concealment or aggravating circumstances, but no pattern shall replace proof of the individual offence, required mental element and individual responsibility.

The Court shall distinguish victim protection from the criminal responsibility of an accused person. Criminal responsibility shall not pass to a family member, descendant, community member or later generation merely because of relationship or association.

Protection against exploitation shall not itself become an unlawful restriction upon a protected person's lawful future autonomy.

ARTICLE 4

Judges

The Court shall be composed of judges appointed from the judicially qualified pool through the Joint Judicial Appointment process established by this Treaty. The process shall provide for meaningful participation by States Parties and separately admitted Court Parties, without treating a Court Party as a State Party or conferring sovereignty upon it.

Persons seeking judicial office may enter the Court's judicial candidate pathway through any lawful route available under Article 51, including Court education or Academy routes, professional or practical experience, independent study or training, public or professional application, or another route established by the Court. Candidates shall first satisfy the Court's published competency, integrity, independence, and impartiality requirements before they may be considered for appointment. Qualified candidates may be nominated by States Parties and separately admitted Court Parties and considered through the Joint Judicial Appointment process. Where a voting stage is used, it shall operate only among candidates who have already satisfied the Court's judicial qualification requirements and shall not replace, waive, or override those requirements. Participation by a Court Party shall not make that entity a State Party.

A person shall be eligible for judicial office where they can demonstrate a strong understanding of the laws, principles, and responsibilities relevant to the work of the Court, together with integrity, independence, impartiality, sound judgment, and a commitment to justice.

Formal academic qualifications or possession of a university degree shall not, by themselves, be a requirement for appointment as a judge.

Candidates may demonstrate their knowledge and suitability through education, professional experience, practical experience, independent study, community service, legal work, human-rights work, international affairs, mediation, dispute resolution, or other relevant experience.

The Court shall establish and administer a fair and transparent process for assessing the knowledge, competence, integrity, independence, and suitability of judicial candidates. States Parties and separately admitted Court Parties shall have the participatory and nomination rights provided by this Treaty and the Court Rules, but no participating body or Party may waive the Court's published competency requirements or direct the outcome of an individual judicial case.

Judges shall exercise their judicial functions independently and shall not seek or accept instructions from any State, government, political organisation, private organisation, or other external authority.

Judges shall disclose any actual conflict of interest or circumstance that could reasonably prevent them from considering a matter impartially. A personal, family, professional, community, or other relationship with a person involved in a case shall not, by itself, prevent a judge from hearing the matter where the judge is able to remain independent and impartial.

The number of judges, their terms of office, and procedures for appointment, replacement, resignation, suspension, and removal shall be determined under this Treaty and the Court Rules. The Joint Judicial Appointment process concerns appointment to judicial office, not selection of judges for individual cases. Assignment of judges to individual cases shall be administered by the Registry or other authorised Court administrative body under the independent assignment procedure established by the Court Rules. That administrative function shall apply predetermined, objective, transparent criteria and shall not permit the Assembly, a State Party, a Court Party, a government, the prosecution, the defence, a donor, or any other external authority to determine which judge is assigned to an individual case or to influence the judicial outcome.

The composition of the Court should reflect the diversity of States Parties, separately admitted Court Parties, and the people whom the Court serves, while maintaining judicial competence, independence, impartiality, and fair regional and institutional representation.

Cases involving Heads of State, Heads of Government, senior government or military officials, senior political or military figures, or other persons whose position or public significance may give rise to exceptional international, political, diplomatic, or public consequences shall ordinarily be heard by a three-judge panel constituted under the independent judicial assignment procedures established by the Court.

A three-judge panel shall ordinarily also be constituted where a case is exceptionally grave or complex, where the alleged offences include an offence carrying potential capital punishment, or where the Court determines that the seriousness, international significance, public importance, or exceptional safety and diplomatic circumstances of the case make a three-judge panel appropriate.

The judges hearing a case shall have equal judicial authority. Decisions of a three-judge panel shall be determined in accordance with the Court's Rules and may be reached by majority decision unless this Treaty provides otherwise. The fact that a panel decision may be reached by judicial majority shall not permit any political, diplomatic, electoral, or external body to choose which judges sit on the panel.

ARTICLE 5

Jurisdiction and Investigations

The Court may exercise jurisdiction over a case where: a. a State Party accepts the authority of the Court; b. a Court Party accepts the authority of the Court within the lawful scope of its separate participation under Article 52; c. the conduct occurred within the territory or other lawful jurisdictional area of a State Party or separately admitted Court Party; d. the accused is a national or lawful resident of a State Party, or has another lawful territorial, personal, or jurisdictional connection with a separately admitted Court Party; e. the alleged victim is a national of a State Party, or has another lawful territorial, personal, or jurisdictional connection with a separately admitted Court Party, where permitted by this Treaty and applicable international law; f. a State that is not a Party to this Treaty accepts the jurisdiction of the Court for a particular case or category of cases; or g. jurisdiction is otherwise provided by this Treaty or another lawful international agreement.

The Court shall have the independent authority to initiate investigations on its own initiative where it has reasonable grounds to believe that conduct falling within its lawful jurisdiction may have occurred.

The Court may initiate an investigation without receiving a referral from a State where credible information indicates the commission or attempted commission of serious crimes or violations falling within its jurisdiction, including genocide, crimes against humanity, war crimes, unlawful initiation of armed conflict (aggression), as defined in this Treaty, human trafficking, sexual exploitation or abuse, abduction, kidnapping, or other serious violations of international law.

The Court may receive information, evidence, complaints, reports, or referrals from States, international organisations, humanitarian organisations, human-rights organisations, civil-society organisations, victims, witnesses, legal representatives, and other reliable sources.

Such information or referral shall not, by itself, establish jurisdiction. The Court shall independently assess the information received and determine whether there is a lawful basis for exercising jurisdiction and whether an investigation is justified.

A State Party may refer a matter to the Court in accordance with the Court's Rules (see Rule 10 for commencement and Rule 9 for jurisdiction).

The Court may also receive referrals or requests for investigation from lawful international bodies and organisations where permitted by this Treaty and applicable international law.

Before proceeding to trial, the Court shall determine whether it has jurisdiction over the case and whether the evidential and procedural requirements for prosecution have been satisfied.

Where the Court has established lawful jurisdiction, the refusal of an accused person to recognise the Court, attend proceedings, or participate in proceedings shall not, by itself, prevent the Court from determining the case, subject to the rights and safeguards established by this Treaty.

Where a person is outside the territorial jurisdiction of the Court and is not physically within the custody of a State Party, the Court may issue findings, judgments, warrants, orders, or sentences within the limits of its lawful jurisdiction.

A judgment or sentence against a person who remains outside the jurisdiction of the Court may be recognised or enforced only by a State or other authority having lawful jurisdiction to enforce it.

Where a person against whom a lawful judgment or sentence has been issued subsequently enters the territory of a State Party, that State Party may take lawful action to enforce the judgment or sentence in accordance with this Treaty, its national law, and applicable international law.

Nothing in this Article shall prevent the Court from cooperating with States that are not Parties to this Treaty or with international and humanitarian organisations where such cooperation is lawful and consistent with the purposes of the Court.

The Court may exercise jurisdiction over an alleged unlawful resort to armed force, unlawful threat of force, aggression, or unlawful coercive continuation of armed conflict where the conduct and the accused fall within the jurisdictional conditions of this Treaty. The legality of the resort to force shall be determined under Article 57 and the definitions and elements expressly established by this Treaty. The Court shall not treat the existence of armed conflict as proof that the resort to force was lawful or unlawful, and determination of jus ad bellum issues shall remain legally distinct from determination of war crimes and other jus in bello offences.

30. The Court may investigate credible information concerning conduct potentially within its jurisdiction. A referral, allegation, intelligence report, witness account, public report, or other information source shall not by itself establish jurisdiction, guilt, or the truth of an allegation. The legal and factual basis for proceeding shall be assessed independently.

31. Investigations shall seek the truth by examining relevant inculpatory and exculpatory information. The investigation shall identify, where applicable, the persons who may have committed, ordered, planned, financed, recruited for, facilitated, concealed, or otherwise intentionally contributed to the alleged conduct and the evidence supporting each alleged mode of responsibility.

32. Where alleged conduct forms part of an organised, systematic, repeated, widespread, or cross-border pattern, the Court may investigate the pattern and its structure, but the existence of the pattern shall not replace proof of each accused person's individual responsibility, required mental element, and applicable offence elements.

33. Investigators shall assess age, developmental circumstances, vulnerability, dependency, coercion, grooming, exploitation, abuse of authority or trust, trafficking, forced recruitment, and other relevant circumstances where they may affect the offence, responsibility, victim protection, or sentencing. These circumstances shall be assessed individually and shall not create guilt by status alone.

34. Investigations shall preserve evidence that may deteriorate, disappear, be altered, or become inaccessible. Relevant financial and property information may be traced and, where legally authorised, assets may be preserved or frozen to prevent dissipation pending judicial determination. Preservation shall not itself constitute a finding of guilt or final confiscation.

35. Investigators shall take reasonable measures to protect victims, witnesses, investigators, Court personnel, and other persons at risk of intimidation, retaliation, interference, or harm. Protective measures shall be proportionate and shall not be used to manufacture evidence or deny the accused a fair opportunity to challenge evidence subject to lawful protective restrictions.

36. Investigations shall avoid unnecessary repetition of traumatic testimony and shall use appropriate remote, recorded, protected, interpreted, or other procedures where authorised by this Treaty and the Rules. Protection of vulnerable persons shall be balanced with disclosure and defence rights.

37. Serious, high-level, grave, multiple-victim, systematic, or international investigations shall be subject to judicial case calling or review within three years of the commencement of the investigation or another prescribed commencement date established by the Rules. The purpose of the review is to assess progress, evidence, proposed charges, outstanding investigative steps, victim and witness protection, asset preservation, cooperation, and the route toward hearing or trial. The three-year review is not a requirement that the investigation itself must finish within three years.

38. Where an investigation cannot reasonably be completed within the applicable review period because of complexity, new evidence, international cooperation, witness protection, security, deterioration or recovery of evidence, or the interests of justice, the Court may authorise continued investigation by reasoned judicial decision identifying the outstanding matters and the next review point. No qualifying serious investigation shall continue indefinitely without judicial consideration.

39. Investigators and prosecutors shall record significant developments and material decisions in an auditable case record. The record shall distinguish allegations, investigative leads, unverified information, evidence under assessment, verified evidence, judicial findings, and final determinations.

40. Obstruction of an investigation, destruction or concealment of evidence, intimidation or retaliation against participants, deliberate interference with lawful investigative measures, or intentional dissipation of assets connected to alleged criminal conduct may constitute separate offences or grounds for lawful procedural orders where expressly established by this Treaty. No person shall be treated as guilty of the underlying offence merely because an obstruction allegation is made.

Where the Court has an independent lawful basis of jurisdiction under this Treaty or another applicable international agreement, the fact that an accused person is physically located in, resides in, or is protected by a State or political community that does not recognise the Court shall not by itself terminate or prevent the exercise of that jurisdiction.

Where alleged conduct extends across multiple States or jurisdictions, the Court may investigate the connected conduct and the individual responsibility of persons who ordered, planned, prepared, directed, financed, recruited for, facilitated, encouraged, concealed, or otherwise intentionally contributed to the conduct, provided that each offence, jurisdictional basis, mode of responsibility, and required mental element is separately established.

The physical location of a person shall not by itself determine the territorial scope of that person's individual criminal responsibility. The Court shall nevertheless establish a lawful jurisdictional connection for each case or offence before proceeding.

In an exceptional situation governed by Article 46, the Court may maintain urgent investigative and judicial measures necessary to preserve evidence, protect persons, prevent continuing obstruction, and determine lawful responsibility while a person remains outside the physical enforcement jurisdiction of the Court.

ARTICLE 6

Rights of Parties

Every person subject to proceedings before the Court shall be entitled to a fair, impartial, and transparent judicial process.

Every accused person shall be presumed innocent until proven guilty in accordance with this Treaty and the applicable law.

Every accused person shall have the right to: a. be informed promptly and in sufficient detail of the allegations against them; b. have adequate time and facilities to prepare their defence; c. legal representation of their choosing, subject to the Rules of the Court (see Rule 44); d. where they cannot reasonably obtain legal representation, access to appropriate legal assistance in accordance with the Court's Rules (see Rule 44); e. present evidence and call witnesses; f. question or challenge evidence and witnesses presented against them, subject to appropriate protections for victims and vulnerable witnesses; g. an interpreter where necessary to understand or participate effectively in proceedings; h. remain silent and not be compelled to provide self-incriminating evidence; i. appeal a judgment or sentence in accordance with this Treaty and the Rules of the Court (see Rules 91–100 for appeals and review); and j. participate personally in proceedings, including by secure video link where permitted by the Court.

Every person appearing before the Court shall have the right to be treated with dignity and without discrimination.

Victims and witnesses shall have the right to appropriate protection, support, and participation in proceedings in accordance with this Treaty and the Rules of the Court (see Rules 111–120 and 113–119 for victim participation, protection and reparations).

The Court may take measures necessary to protect children, victims, witnesses, vulnerable persons, confidential information, and the safety of participants, provided that such measures do not unjustifiably prejudice the rights of the accused.

Public and live-broadcast proceedings shall not prevent the Court from restricting access to particular evidence, testimony, identifying information, or portions of proceedings where necessary to protect a person, preserve legitimate confidentiality, or ensure the proper administration of justice.

A trial may proceed in the absence of an accused person only where the Court is satisfied that the accused was properly notified, had a genuine and reasonable opportunity to attend and participate, and voluntarily or deliberately chose not to do so, and where continuation is consistent with the accused's fair-trial rights and this Treaty. The Court shall ensure meaningful defence representation and a lawful mechanism to challenge the judgment.

Where a trial proceeds in the absence of the accused, the Court shall take reasonable measures to ensure that the accused's defence rights remain protected, including the provision or approval of legal representation where appropriate.

A person convicted in proceedings conducted in their absence shall retain the right to challenge the judgment or sentence in accordance with the appeal and review procedures established by this Treaty and the Rules of the Court (see Rules 91–100).

Nothing in this Article shall prevent the Court from conducting proceedings by secure video link or other remote means as provided by Article 2.

The rights established by this Article shall apply regardless of the nationality, status, official position, wealth, political influence, religion, or other circumstances of the person concerned.

All parties shall receive a fair and impartial hearing before independent judges, with equality of arms between the prosecution and defence. No party shall receive a procedural advantage or disadvantage because of nationality, territory, geographic location, political status, the State's position on capital punishment, or the location from which evidence or testimony is provided.

The Court shall ensure that the accused has adequate and effective opportunity to communicate confidentially with counsel, review the case materials, challenge prosecution evidence, present defence evidence, question witnesses, and participate meaningfully in proceedings. Geographic distance, displacement, detention in another State, or remote participation shall not reduce these rights.

Where proceedings are conducted remotely, the Court shall provide secure and reliable communication, appropriate interpretation and translation, confidential defence communication, access to the evidentiary record, adequate opportunity to consult counsel, and reasonable accommodation for time-zone, connectivity, disability, and other geographic or practical barriers.

The Court shall not determine guilt, innocence, admissibility, credibility, or sentence according to the location of a hearing, the nationality of a witness, the State from which evidence originated, or the legal system of the State providing cooperation.

A capital-eligible case shall receive the same fair-trial guarantees as every other case, together with the additional capital-sentence safeguards expressly established by this Treaty. A State Party's abolition or retention of capital punishment shall not alter the accused's rights before the Court.

Where a State Party cannot physically transfer an accused, witness, victim, lawyer, expert, or other participant because of lawful geographic, security, legal, medical, or practical constraints, the Court shall use secure remote participation, a neutral hearing location, or another lawful arrangement where that can preserve full and effective participation.

Where a hearing is held outside the territory of the State most directly connected with the case, the location shall not confer jurisdiction, diplomatic privilege, evidential preference, or political influence upon the host State. The judges, Prosecutor, defence, Registry, and Court procedures remain governed by this Treaty.

Where a trial is conducted in the absence of an accused, absence shall not be treated as a waiver of fair-trial rights unless the Court establishes that the accused was properly informed, had a genuine and reasonable opportunity to attend and participate, and voluntarily or deliberately chose not to do so. Where those conditions are not established, the Court shall not proceed to final conviction in absentia except where expressly authorised by this Treaty with equivalent defence safeguards and a meaningful right to challenge the judgment.

ARTICLE 7

Assembly of States Parties and Inclusive Court Governance

The Assembly of States Parties shall be the representative body of the States that have ratified or acceded to this Treaty.

Each State Party shall have one vote in the Assembly unless otherwise provided by this Treaty.

The Assembly shall meet at least once each year and may hold additional meetings where necessary.

The Assembly shall: a. conduct the State Party component of the Joint Judicial Appointment in accordance with Article 4; b. approve the Court's budget and matters expressly requiring State Party financial approval; c. establish the administrative and financial framework of the State Party side of the Court's governance in cooperation with the Court Assembly; d. exercise any Treaty function expressly reserved to the Assembly of States Parties concerning State Party obligations or sovereign Treaty consent, and participate in Court-wide Rule development as provided by this Article; e. consider reports on the administration and operation of the Court; f. establish appropriate systems for transparency, accountability, and oversight of matters within its State Party mandate; g. consider proposals for amendments to this Treaty in coordination with the Court Assembly; h. consider the admission of new States Parties in accordance with this Treaty; and i. perform any other functions assigned to it by this Treaty.

The Assembly shall respect the independence of the Court and shall not interfere with judicial decisions, investigations, prosecutions, judgments, sentences, or other judicial functions.

The Assembly may establish committees or other bodies where necessary to carry out its State Party responsibilities, including committees dealing with finance, treaty matters, judicial appointments, enforcement cooperation, international relations, and treaty development. Such bodies shall coordinate with equivalent Court Assembly bodies where their work concerns the wider Court.

Decisions of the Assembly shall be made by majority vote unless this Treaty requires a different majority. A decision of the Assembly shall not by itself determine a matter reserved to the independent judicial functions of the Court or to the Court Assembly under this Treaty.

The Assembly shall establish, together with the Court and representatives of separately admitted Court Parties, transparent procedures for the Joint Judicial Appointment and for the appointment of senior administrative officials of the Court. The Assembly shall not use this procedure to select judges for individual cases.

The Assembly shall ensure that the Court has sufficient resources to perform its functions independently, effectively, and transparently.

The Assembly shall publish its decisions, financial reports, and other appropriate records, subject to necessary protections for confidential information, victims, witnesses, and the proper administration of justice.

The Court shall establish a Court Assembly as an inclusive Court-wide representative body comprising representatives of all States Parties and all separately admitted Court Parties. Its membership and procedures shall ensure meaningful participation by both categories without treating a Court Party as a State Party or conferring sovereignty upon it.

The Court Assembly shall provide a forum for Court-wide governance and participation on matters concerning the operation, development, education, administration, technology, transparency, international cooperation, enforcement cooperation, and other functions of the Court that are not expressly reserved by this Treaty to the Assembly of States Parties or to an independent judicial, prosecutorial, investigative, enforcement, or other Court function.

Each State Party and each separately admitted Court Party shall be entitled to representation in the Court Assembly in accordance with the Rules. Each shall have one vote in Court Assembly decisions within the lawful competence of the Court Assembly, unless this Treaty expressly provides a different arrangement for a particular matter.

Court Assembly decisions shall not amend the Treaty, ratify a Treaty amendment, impose sovereign obligations upon States, alter criminal offences or penalties, determine guilt or sentence, direct a judicial decision, or otherwise exercise a power expressly reserved to another organ by this Treaty.

The Court Assembly shall participate in the development and adoption of Court Rules, regulations, standards, educational frameworks, administrative procedures, technological standards, transparency measures, and other Court-wide instruments within its lawful authority. Where a Rule or regulation affects a matter expressly requiring State Party approval under this Treaty, the State Party process shall also apply.

The Court Assembly shall establish representative committees or working bodies so that Court Parties can participate meaningfully in matters affecting their participation, education, judicial service, access to Court mechanisms, international cooperation, administration, technology, victim and witness protection, and other Court-wide functions.

The Court Assembly shall respect judicial, prosecutorial, investigative, defence, enforcement, and other institutional independence. Its representatives shall not direct or interfere with an individual investigation, prosecution, judicial decision, sentence, enforcement action, or other case-specific function.

The Court Assembly shall meet at least once each year and may hold additional meetings, including secure remote meetings, where necessary to address matters within its competence. Its records shall be maintained and published subject to lawful confidentiality and security protections.

The Court Assembly shall receive the formal proposals, reports, and information necessary to participate meaningfully in Court-wide governance. Where a matter is legally reserved to State Parties, the Court Assembly may debate, advise, and adopt a formal position without that position constituting Treaty ratification or sovereign consent.

Nothing in this Article prevents the Assembly of States Parties from exercising a power expressly reserved to it by the Treaty, and nothing in this Article prevents the Court Assembly from exercising a Court-wide function expressly assigned to it by the Treaty and Rules.

ARTICLE 8

Amendments

Any State Party or separately admitted Court Party may propose an amendment to this Treaty for formal consideration. A Court Party proposal is a proposal within the Court's Treaty-development process and does not by itself constitute sovereign Treaty ratification or acceptance.

Proposed amendments shall be submitted in writing to the Registry and circulated to the Assembly of States Parties, the Court Assembly, all States Parties, and all separately admitted Court Parties for consideration.

The Assembly of States Parties shall consider proposed amendments at a meeting convened for that purpose, and the Court Assembly shall conduct an inclusive Court-wide consideration process in parallel or in coordination with that meeting.

An amendment shall require approval by a two-thirds majority of the States Parties participating in the decision, unless this Treaty expressly requires a higher majority.

An amendment shall enter into force for States Parties that ratify or otherwise accept the amendment in accordance with their constitutional or legal requirements.

An amendment shall not automatically bind a State Party that has not ratified or accepted it, unless the States Parties expressly agree otherwise in accordance with international law.

No amendment shall invalidate the independence of the Court, remove the fundamental right to a fair trial, or permit discrimination contrary to the principles established by this Treaty.

Amendments affecting the jurisdiction, powers, sentencing authority, fundamental rights, or enforcement powers of the Court shall be clearly identified as such and shall be subject to the same transparency and ratification requirements established by this Article.

The Assembly of States Parties and the Court Assembly shall maintain and publish an official record of all proposed, considered, recommended, approved, ratified, and rejected amendments. Article 8 is the general amendment route. Where an amendment falls within Article 43, the heightened safeguards in Article 43 apply in addition to, and prevail over any lower threshold in, this Article.

Final Treaty rule — Treaty development, amendment and ratification: the Treaty in force governs the Court. Amendments shall be adopted and enter into force only through the formal amendment and ratification procedures established by Articles 8, 43 and 47. Administrative Rules shall implement but shall not create or expand offences, capital eligibility, jurisdiction, or maximum penalties.

Founder proposals are development material for consideration in Treaty development and do not silently amend the Treaty.

A proposed provision may be accepted as drafted, amended, replaced by an alternative formulation, subjected to further discussion or rejected through the lawful Founder-State process.

No proposal becomes operative Treaty law merely because it appears on the Court website, in a Founder document, or in a developing draft.

Substantive Treaty changes, including changes affecting offences, penalties, capital eligibility, jurisdiction, fundamental rights or enforcement powers, shall proceed through the applicable amendment and ratification procedure before becoming binding.

The development route is: existing Founding Treaty; proposal by a State Party or separately admitted Court Party; legal audit; inclusive Court-wide discussion through the Court Assembly; State Party and Court Party positions; agreed or formally considered wording; applicable amendment procedure; ratification or acceptance where required; and entry into force. No Court Party participation in the development route shall itself constitute sovereign Treaty ratification.

A separately admitted Court Party may submit a formal amendment proposal, explanatory statement, alternative wording, supporting evidence, or request for legal audit through the Court Assembly and Registry. Such material shall be circulated to the States Parties and other Court Parties without discrimination.

The Court Assembly shall provide a structured opportunity for States Parties and Court Parties to debate proposed amendments, submit amendments to proposals, request legal or technical review, and record their respective positions before the formal State Party approval and ratification stages.

An amendment that does not directly concern the constitutional rights or participation of Court Parties shall nevertheless receive Court Party consideration through the Court Assembly, but Court Party participation shall not replace the State Party approval and ratification requirements established by this Treaty.

An amendment that directly changes the membership status, participation rights, governance rights, judicial participation rights, institutional protections, or other constitutional rights of separately admitted Court Parties shall additionally require the approval of the Court Party representatives through the Court Assembly before that change may take effect within the Court Party framework. This requirement shall not make Court Parties sovereign Treaty Parties and shall not replace any State Party approval or ratification required under this Treaty.

The Rules of the Court shall establish fair procedures for Court Assembly consideration of amendments, including notice periods, publication, representation, voting, conflict safeguards, recorded positions, direct-impact determinations, and the protection of minority Court Party views.

ARTICLE 9

Entry into Force

This Treaty shall enter into force on the first day of the month following the deposit of the tenth instrument of ratification, acceptance, or approval with the designated depositary of the Treaty.

A State may become a State Party to this Treaty by: a. signing the Treaty and subsequently ratifying, accepting, or approving it in accordance with its constitutional or legal requirements; or b. acceding to the Treaty after it has entered into force.

For each State that ratifies, accepts, approves, or accedes to the Treaty after the Treaty has entered into force, the Treaty shall enter into force for that State on the first day of the month following the deposit of its instrument of ratification, acceptance, approval, or accession.

Each State Party shall be bound by the obligations of this Treaty from the date on which the Treaty enters into force for that State.

The depositary shall notify all States that have signed or become Parties to the Treaty of: a. each signature; b. each deposit of an instrument of ratification, acceptance, approval, or accession; c. the date of entry into force of the Treaty; d. any amendment to the Treaty; and e. any other matter required under this Treaty.

The Treaty shall remain open for accession by additional States, and shall permit separate admission of qualifying nations, constituent countries, territories, autonomous communities, and other political communities where Article 52 applies, in accordance with the procedures established under this Treaty and the Rules of the Court.

Nothing in this Article shall prevent the Court from establishing preparatory administrative, judicial, investigative, technological, or other structures before the Treaty formally enters into force, where such preparation is authorised by the signatory States. This Article governs the initial entry into force of the Treaty. Entry into force for a subsequent State Party, and the legal commencement of a separately admitted Court Party relationship under Article 52, shall be governed by the applicable provisions of this Treaty and the Rules. Entry into force of amendments is governed by Article 47.

ARTICLE 10

Court Working and Procedural Languages

The working and procedural languages of the Court shall be designated by the Assembly of States Parties, subject to the language rights and interpretation guarantees established by this Treaty.

The Court shall ensure that every person appearing before it can understand and participate meaningfully in proceedings, regardless of the person's language.

An accused person, victim, witness, legal representative, judge, or other participant who does not sufficiently understand the language being used in proceedings shall be provided with appropriate interpretation or translation in accordance with the Rules of the Court (see Rules 153–154).

The Court shall make judgments, orders, warrants, rules, and other documents designated as official available in the working or procedural languages required for the effective administration of justice, while authentic Treaty texts shall be governed exclusively by Article 49.

The Assembly may add or remove official languages where necessary to reflect the membership and operational needs of the Court.

The Court may use additional languages for particular proceedings where necessary to ensure effective participation, accessibility, and fairness.

No person shall be denied access to justice solely because they do not speak an official language of the Court. Article 10 governs the Court's working and procedural languages and does not alter which Treaty texts are authentic under Article 49.

The Court shall treat language access as a component of the right to a fair trial. A participant shall receive interpretation and translation sufficient to understand and exercise the rights relevant to the proceeding, including charges, evidence materially relied upon, judicial decisions, procedural directions, and communications with counsel.

Where a case involves multiple States or participants using different languages, the Court shall provide a reliable interpretation and translation framework and shall take reasonable steps to identify and resolve material discrepancies between translations before relying upon them.

No participant shall bear a procedural disadvantage merely because the proceeding is conducted from, or concerns conduct in, a different linguistic or geographic region. The Court may use remote interpreters, translated digital records, and other secure language services where necessary.

ARTICLE 11

Definitions

For the purposes of this Treaty, unless the context otherwise requires:

“Court” means the God's Court of the People established by this Treaty.

“State Party” means a State that has ratified, accepted, approved, or acceded to this Treaty and for which this Treaty is in force.

“Court Party” means a State Party or a nation, constituent country, territory, autonomous community, or other qualifying political community that has been separately admitted to the Court under Article 52. Recognition as a Court Party does not, by itself, confer sovereignty, independence, nationality, citizenship, diplomatic status, or any constitutional power not otherwise possessed by that entity under applicable law.

“Person” means any natural person subject to the jurisdiction of the Court.

“Accused” means a person against whom the Court has authorised formal criminal proceedings.

“Victim” means a person who has suffered physical, psychological, emotional, financial, material, or other recognised harm as a direct or indirect result of conduct falling within the jurisdiction of the Court. Where appropriate, the term may include the immediate family or dependants of a person who has died or disappeared as a result of such conduct.

“Child” means a person under eighteen years of age unless a different age is expressly recognised by an applicable international legal instrument or by this Treaty for a specific purpose.

“Genocide” means acts committed with the intent to destroy, in whole or in substantial part, a national, ethnic, racial, or religious group as such, including 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. Where the conduct deliberately targets an identifiable family or lineage that forms an identifiable part of a protected national, ethnic, racial, or religious group, the killing or attempted killing of multiple members, multiple generations, or substantially all remaining members of that family or lineage may be relevant evidence of the specific intent to destroy the protected group, or a substantial part of it, including where the conduct is directed at eliminating the surviving lineage or preventing descendants from surviving to continue or reconstitute that part of the protected group. Such circumstances may support a finding of genocide or attempted genocide only where every required element, including the specific intent to destroy the protected group in whole or substantial part, is proved. Family or lineage is not itself a protected group for purposes of genocide. Where a family or lineage is targeted because of political, governmental, hereditary, religious-leadership, or other status rather than because it forms part of a protected group, the conduct may instead constitute murder, attempted murder, abduction or kidnapping, enforced disappearance, persecution, torture, hostage-taking, or another Treaty offence where its elements are proved; the targeting of a family or political lineage does not by itself establish genocide. Application of this definition and proof of genocide or attempted genocide shall be read with Article 16.49 and Rule 76.

“Crimes against humanity” means the following specified acts, when committed as part of a widespread or systematic attack directed against a civilian population, with knowledge of the attack: 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 as defined in paragraph 51 of this Article. The substantive definitions of the listed acts are located in paragraphs 16–17, 38–51, and 59 of this Article, as applicable. No other act constitutes a crime against humanity unless expressly established in this Article or by a duly adopted Treaty amendment.

“War crimes” means the specific offences expressly established by this Article through the applicable offence definitions and elements in paragraphs 15, 39–43, 45, 51–57, and 69–70, together with the war-crime-specific elements in paragraphs 60–61, as applicable to the offence charged. No other conduct constitutes a war crime under this Treaty unless the offence is expressly established in this Article or by a duly adopted Treaty amendment.

“Human trafficking” means the recruitment, transportation, transfer, harbouring, or receipt of persons through means such as force, threats, coercion, abduction, fraud, deception, abuse of power, or abuse of vulnerability for the purpose of exploitation.

“Sex trafficking” means trafficking in persons for the purpose of sexual exploitation, including forced prostitution or other forms of sexual exploitation.

“Sexual exploitation or abuse of a child” includes conduct involving the sexual exploitation, abuse, coercion, grooming, trafficking, prostitution, production or distribution of child sexual abuse material, or other serious sexual exploitation of a child.

“Abduction” or “kidnapping” means unlawfully taking, carrying away, confining, or withholding a person against their will or, where the victim is a child or otherwise legally incapable of giving consent, without lawful authority.

“Torture” means the intentional infliction of severe physical or mental pain or suffering upon a person for purposes including obtaining information or a confession, punishment, intimidation, coercion, discrimination, or any purpose prohibited by applicable international law.

“Enforced disappearance” means the arrest, detention, abduction, or other deprivation of liberty by, or with the authorisation, support, or acquiescence of, a State or political organisation, followed by a refusal to acknowledge the deprivation of liberty or concealment of the person's fate or whereabouts, placing the person outside the protection of the law.

“Unlawful initiation of armed conflict (aggression)” means the planning, preparation, initiation, or execution by a person in a position effectively to exercise control over or direct the political or military action of a State of an act of aggression that, by its character, gravity, and scale, constitutes a manifest violation of the Charter of the United Nations. The prosecution shall prove the applicable factual and mental elements expressly set out in this Treaty. This offence concerns leadership responsibility for the unlawful resort to armed force and does not replace or duplicate the separate war-crime offences governing conduct during armed conflict.

For unlawful initiation of armed conflict (aggression), the prosecution shall prove: (a) an act of aggression involving the use of armed force by a State against the sovereignty, territorial integrity, or political independence of another State, or in another manner inconsistent with the Charter of the United Nations; (b) the accused planned, prepared, initiated, or executed that act; (c) the accused was in a position effectively to exercise control over or direct the political or military action of the State; (d) the accused knew the factual circumstances establishing the act of aggression; and (e) the act, by its character, gravity, and scale, constituted a manifest violation of the Charter, with the accused knowing the factual circumstances establishing that manifest violation.

For the purposes of this offence, no person shall be criminally responsible merely because the person held public, political, military, or governmental office. The prosecution must prove the accused’s individual conduct, leadership position, and required mental elements beyond reasonable doubt. The Court shall not treat ordinary battlefield conduct, an isolated war crime, or a lawful use of force as unlawful initiation of armed conflict unless every element of this offence is proved.

“Armed conflict” means a situation of international or non-international armed conflict recognised under applicable international humanitarian law.

“Unlawful use of force” means the use of armed force contrary to the obligations established by applicable international law.

“Serious violation of international law” means conduct of sufficient gravity to constitute a recognised violation of an applicable rule of international law that independently falls within the jurisdiction of the Court under this Treaty. “Serious bodily harm” means significant physical injury that creates a substantial risk of death, permanent or life-altering impairment, serious and prolonged pain, or serious and lasting loss of bodily function. “Serious physical injury” means physical injury meeting that threshold. “Serious harm” means significant physical injury, serious psychological or mental injury, death, serious deprivation of liberty, serious sexual or exploitative harm, substantial and lasting material or financial harm, or another substantial injury to a protected person, victim, community, or protected interest recognised by this Treaty. “Grave offence” means an offence that this Treaty expressly treats as grave or for which this Treaty expressly permits life imprisonment or capital eligibility; the term does not create a separate offence or penalty. “Large-scale” describes substantial scope measured by factors such as the number of victims or affected persons, geographic extent, duration, repetition, organisation, or magnitude of consequences, as applicable to the provision in which the term is used. These terms are interpretive descriptions and shall not replace proof of the elements of a particular offence. The term “serious violation of international law” shall not, by itself, create a new criminal offence or penalty unless the offence and its elements are expressly established in this Article, elsewhere in this Treaty, or by a duly adopted Treaty amendment. The meaning and use of “grave offence” remains subject to the offence and sentencing provisions of Article 16, and “large-scale” remains an interpretive description rather than an independent offence or threshold.

“Serious offence” or “serious crime” means an offence expressly established by this Treaty that carries a maximum penalty of at least four years’ imprisonment, life imprisonment, or a more serious penalty. The term identifies the seriousness threshold used where this Treaty refers generally to serious offences or crimes; it does not create a separate offence, alter an offence’s elements, or increase a penalty. “Serious organised criminal activity” means intentional participation in the criminal activity of an organised criminal group, where the group consists of three or more persons, exists for a period of time, acts in concert for the purpose of committing one or more serious offences, and is directed, in whole or substantial part, toward obtaining directly or indirectly a financial or other material benefit. The group need not have formal roles, hierarchy, or continuous membership and must not be a group formed randomly for the immediate commission of a single offence.

For serious organised criminal activity, a “qualifying serious offence” means an offence falling within the general definition of serious offence in paragraph 23. The prosecution shall prove the accused knowingly and intentionally participated in, directed, organised, recruited for, financed, facilitated, or otherwise made a substantial intentional contribution to the criminal activity of the organised criminal group, together with knowledge of the group’s criminal purpose or general criminal activity.

Serious organised criminal activity is a separate offence from the underlying offence committed by the group. The prosecution need not prove that the accused personally committed every underlying offence, but must prove the accused’s own intentional contribution and the required knowledge. Mere association, presence, family relationship, employment, political affiliation, or social contact is insufficient without the required criminal conduct and mental element.

The offence shall apply where the organised criminal activity is transnational in nature, including where conduct occurs in more than one State, substantial preparation, planning, direction, or control occurs in another State, the group operates in more than one State, or the conduct has substantial effects in another State. Any additional jurisdictional basis shall be expressly established by the Treaty.

“Proceedings” includes investigations, preliminary proceedings, hearings, trials, appeals, sentencing proceedings, enforcement proceedings, and other judicial proceedings conducted under the authority of the Court.

“Investigation” means the process by which the Court gathers, examines, preserves, and assesses information and evidence concerning conduct potentially falling within its jurisdiction.

“Judgment” means a formal judicial determination issued by the Court.

“Sentence” means a penalty or other judicial consequence imposed by the Court following a finding of guilt.

“Court Enforcement Officer” means an officer lawfully appointed or authorised under this Treaty or the Rules of the Court (see Rule 39) to carry out warrants, orders, arrests, transfers, property recovery, confiscation, removal, deportation, or other lawful enforcement functions of the Court.

“Jurisdiction” means the lawful authority of the Court to investigate, prosecute, hear, determine, and where appropriate sentence or otherwise adjudicate a matter or person under this Treaty or another lawful international agreement.

The definitions in this Article shall be interpreted consistently with established principles of international law. Interpretation may clarify the meaning of an offence but shall not create a new criminal offence, expand an offence beyond its express elements, or increase a penalty unless this Treaty is amended in accordance with Articles 8, 43, and 47.

Nothing in this Article shall create a criminal offence merely by describing conduct as serious criminal conduct or as a serious violation of international law. Criminal responsibility shall arise only where the prohibited conduct, required mental element, applicable mode of liability, jurisdictional basis, and applicable penalty are expressly established in this Article or elsewhere in this Treaty, or by a duly adopted Treaty amendment under Articles 8, 43, and 47.

For every offence under this Treaty, the prosecution shall prove the material conduct or omission, the required circumstances and consequences, the applicable mental element, and any contextual element required by the offence, beyond reasonable doubt.

Unless an offence expressly provides otherwise, a person is criminally responsible only where the person acted intentionally and knowingly with respect to the material elements of the offence. Negligence or recklessness shall not substitute for the required mental element unless the applicable offence provision expressly provides otherwise.

Murder means intentionally causing the death of another person. Aggravated murder includes murder committed against a child, against multiple victims, with particular cruelty, for financial or political gain, through abuse of official authority, or as part of an organised or systematic course of conduct.

Aggravated mass murder means the intentional killing of ten or more persons as part of the same common plan, policy, organised course of conduct, or closely connected series of acts, where the killings are proved beyond reasonable doubt.

Rape means intentional penetration, however slight, of a person by any part of the body or by an object, where the act occurs by force, threat of force, coercion, or other circumstances in which the person is unable to give genuine and voluntary consent. Rape of a child is a separate offence.

Sexual enslavement means exercising powers attaching to ownership over one or more persons and causing or obtaining sexual acts or sexual exploitation from that person or those persons.

Forced prostitution means causing one or more persons to engage in acts of a sexual nature by force, threat, coercion, abuse of power, or abuse of vulnerability for the purpose of obtaining or permitting exploitation.

Forced pregnancy means unlawfully confining a person who has been forcibly made pregnant, with the intent of affecting the ethnic composition of a population or otherwise committing a grave violation of international law.

Forced sterilisation means depriving one or more persons of biological reproductive capacity without genuine and informed consent, except where medically justified and lawfully performed for a legitimate medical purpose.

Persecution means the intentional and severe deprivation of fundamental rights contrary to international law by reason of the identity of a group or collectivity, in connection with another act within the jurisdiction of the Court or another act punishable under this Treaty.

Deportation or forcible transfer means the forced displacement of persons from an area in which they are lawfully present, without grounds permitted by applicable international law, by expulsion or other coercive acts across an international border in the case of deportation or within a State in the case of forcible transfer.

Extermination means intentionally inflicting conditions of life, including deprivation of access to food or medicine, calculated to bring about the destruction of part of a civilian population, where the conduct forms part of a widespread or systematic attack directed against a civilian population.

Enslavement means exercising powers attaching to ownership over a person, including in the course of trafficking or forced labour, and includes the exercise of such powers for sexual exploitation.

Imprisonment or other severe deprivation of liberty as a crime against humanity means intentionally depriving one or more persons of physical liberty in violation of fundamental rules of international law, where the contextual elements of crimes against humanity are established.

Sexual violence means an act of a sexual nature committed against one or more persons by force, threat of force, coercion, or other circumstances in which genuine and voluntary consent is absent, where the act reaches the required gravity for an offence under this Treaty.

Other inhumane acts means intentionally causing great suffering or serious injury to body or mental or physical health through conduct of a character and gravity comparable to the other crimes against humanity defined in paragraphs 16–17, 38–51, and 59 of this Article, where the conduct is widespread or systematic and directed against a civilian population.

Hostage-taking means seizing, detaining, or threatening to kill, injure, or continue to detain a person in order to compel a State, organisation, person, or group to act or refrain from acting as an explicit or implicit condition for release or safety.

Unlawful confinement in an armed conflict means unlawfully confining a protected person or other person protected by applicable international humanitarian law, contrary to the safeguards and grounds permitted by that law.

Starvation of civilians means intentionally using starvation of civilians as a method of warfare by depriving the civilian population of objects indispensable to survival, including by wilfully impeding protected relief supplies.

Intentional attack against civilians means intentionally directing an attack against the civilian population or against individual civilians not directly participating in hostilities, where the accused knew the relevant factual circumstances.

Intentional attack against civilian objects means intentionally directing an attack against objects which are not military objectives, where the accused knew the circumstances establishing the civilian character of the object.

Intentional attack against protected persons or locations means intentionally directing an attack against persons or locations specially protected by applicable international humanitarian law, including medical personnel, humanitarian personnel, prisoners of war, protected cultural or religious sites, hospitals, or other specially protected locations, where the protected status was known or objectively apparent.

Intentionally disproportionate attack means intentionally launching an attack in the knowledge that the expected incidental civilian death, injury, damage to civilian objects, or combined civilian harm would be clearly excessive in relation to the concrete and direct military advantage anticipated, where the applicable law of armed conflict prohibits the attack.

Apartheid means inhumane acts of a character similar to the other crimes against humanity defined in this Article, including the applicable definitions in paragraphs 16–17, 38–51, and 59, committed in the context of an institutionalised regime of systematic oppression and domination by one racial group over another, with the intention of maintaining that regime.

For war crimes, the existence of an international or non-international armed conflict and the nexus between the accused's conduct and the armed conflict shall be proved where required. The accused shall have known the factual circumstances establishing the conflict and relevant protected status where the particular offence requires that knowledge.

For war crimes, the prosecution shall prove the existence of an international or non-international armed conflict, the required nexus between the conduct and that conflict, the material elements of the particular offence, and the accused’s required intent or knowledge. For wilful killing, the prosecution shall prove that the accused intentionally caused the death of a person protected by applicable international humanitarian law and knew the factual circumstances establishing that protected status. For cruel or inhuman treatment, the prosecution shall prove that the accused intentionally inflicted serious physical or mental pain or suffering, or subjected the victim to treatment constituting a serious attack on human dignity, in circumstances prohibited by applicable international humanitarian law, and knew the factual circumstances establishing the protected status and armed-conflict context. For the sexual offences, hostage-taking, unlawful confinement, enforced disappearance, and forced displacement listed in this Treaty, the definitions in this Article supply the material conduct and the war-crime context and nexus must also be proved. For the closed list of prohibited methods of warfare established in paragraph 70, the prosecution shall prove the particular prohibited method, every material element specified there, the required armed-conflict nexus, and the accused’s required intent or knowledge.

“Sexual exploitation or abuse of a child” means intentionally engaging in any of the following conduct against a child for a sexual or exploitative purpose: (a) causing or compelling the child to participate in a sexual act; (b) recruiting, transporting, transferring, harbouring, or receiving the child for sexual exploitation; (c) using the child in prostitution or commercial sexual exploitation; (d) producing, distributing, possessing for distribution, or knowingly facilitating the production or distribution of child sexual abuse material; (e) grooming or intentionally communicating with the child for the purpose of facilitating a prohibited sexual act or sexual exploitation; or (f) otherwise intentionally obtaining or facilitating sexual exploitation of the child through force, coercion, abuse of vulnerability, deception, payment, benefit, or other prohibited means. The prosecution shall prove the child’s age, the prohibited conduct, and the accused’s required intent and knowledge beyond reasonable doubt. The listed forms of conduct are exhaustive unless expanded by Treaty amendment.

Rape of a child, murder of a child, and sexual enslavement of a child are separate offences. Proof of one shall not be treated as proof of another, and liability and sentence shall be determined separately for each offence established.

Individual criminal responsibility includes committing an offence directly, jointly committing it, ordering, soliciting, inducing, conspiring, inciting, aiding or abetting, intentionally contributing to a common purpose, attempting the offence, or, where expressly provided, command or superior responsibility. The applicable mental and contextual elements for each mode of liability shall be proved separately.

“Conspiracy” means intentional participation in an agreement, plan, or coordinated understanding with one or more other persons to commit a specific offence under this Treaty, where that offence is in fact committed or attempted. Conspiracy is a mode of participation and does not constitute a separate offence where the underlying Treaty offence is neither committed nor attempted. Mere discussion, political speech, opinion, advocacy, association, expression of support, or knowledge of another person's plans shall not by itself establish conspiracy. The prosecution shall prove the accused person's intentional participation in the agreement, plan, or coordinated understanding and the required mental element for the underlying offence.

“Incitement” means intentionally encouraging, persuading, pressuring, coercing, bribing, threatening, recruiting, directing, instructing, or otherwise deliberately seeking to cause another person to commit or attempt a specific offence under this Treaty. Incitement applies generally to offences under this Treaty and is not limited to any particular category of offence. For criminal responsibility under this Treaty, the specific offence incited must in fact be committed or attempted. The prosecution shall prove the accused person's intentional conduct and the required mental element directed toward bringing about the specific offence or attempt. Speech, communication, advocacy, political expression, opinion, association, or expression of support shall not by itself establish incitement without the required intentional connection to a specific Treaty offence that is in fact committed or attempted.

Attempt requires a substantial step toward commission of an offence with the intent to complete that offence. Voluntary and complete abandonment before completion may receive the benefit provided by this Treaty and the Rules, but does not erase responsibility for another completed offence already committed.

Command or superior responsibility arises only where the superior had effective command or control over the relevant subordinate, knew or, where expressly permitted by this Treaty, should have known of the subordinate's criminal conduct, and failed to take all necessary and reasonable measures within the superior's power to prevent or repress the conduct or submit the matter to competent authorities.

“Rape of a child” means rape committed against a person who is under eighteen years of age. Rape of a child, sexual enslavement of a child, child sexual trafficking, and other expressly defined grave child sexual exploitation or abuse may be capital-eligible only where: (a) the victim was under eighteen years of age at the time of the conduct; (b) the accused is an adult aged eighteen years or older at the time of the conduct; (c) the underlying offence and every required mental element are proved beyond reasonable doubt; and (d) at least one of the following aggravating circumstances is proved beyond reasonable doubt: death of the child; permanent or life-threatening serious physical injury; repeated offending against the same child or multiple children; organised or systematic offending; trafficking or sexual enslavement; prolonged confinement or captivity; use of force or threats causing severe physical or psychological harm; abuse of official, familial, custodial, educational, religious, medical, professional, or other authority or trust; or exceptional cruelty or deliberate infliction of severe suffering. Capital eligibility is discretionary, never automatic, and no aggravating circumstance listed here shall be inferred solely from the offence label. The Court shall record separately which aggravating circumstance is proved.

“Prohibited methods of warfare” means the following closed list of conduct committed in connection with and with the required nexus to an international or non-international armed conflict: (a) perfidy, meaning inviting the confidence of an adversary to believe that the person is entitled to, or obliged to accord, protection under the applicable law of armed conflict, with the intent to betray that confidence and kill, injure, or capture that adversary; (b) denial of quarter, meaning ordering, declaring, or intentionally conducting hostilities on the basis that there shall be no survivors, including intentionally killing, injuring, or refusing quarter to a person who has surrendered or is otherwise hors de combat, except where a specific lawful basis for detention or other treatment applies; (c) using the presence or movement of civilians or other protected persons to shield military objectives, forces, weapons, military operations, or areas from attack, where the accused intentionally uses or directs such protected persons for that shielding purpose; (d) intentionally directing violence or other acts of hostility against the civilian population for the primary purpose of spreading terror among civilians, where the conduct is not already charged and proved as another more specific Treaty offence; (e) pillage, meaning intentionally appropriating property in an armed conflict for private or personal use without the owner's genuine consent, where the conduct is not otherwise charged and proved under a more specific Treaty offence; (f) intentionally making improper use of a recognised protective emblem, sign, signal, flag, uniform, or status protected under applicable international humanitarian law for the purpose of killing, injuring, capturing, or otherwise causing protected persons to be denied the protection that the emblem, sign, signal, flag, uniform, or status signifies, where the protected character and improper use are known; and (g) intentionally attacking or killing a person who is clearly hors de combat because of unconsciousness, shipwreck, wounds, sickness, detention, or surrender, where the accused knew or was aware of the factual circumstances establishing that protected status and the conduct is not already charged and proved as wilful killing, torture, cruel or inhuman treatment, or another more specific Treaty offence. For purposes of this paragraph, “perfidy” does not include lawful ruses of war that do not invite protected confidence, and “denial of quarter” does not prohibit lawful detention or other measures permitted by applicable international humanitarian law. Each listed method is a separate war-crime offence and must be charged and proved individually. The prosecution shall establish the accused’s intentional conduct, the required protected status or circumstance, the armed-conflict nexus, and the required mental element beyond reasonable doubt. Mere presence, association, membership in an armed force, lawful military deception, lawful targeting of a military objective, or conduct otherwise permitted by applicable international humanitarian law does not establish an offence under this paragraph. A listed method shall not be double-counted as a separate offence where the same conduct is already fully charged and proved as another Treaty offence, but the Court may consider the conduct for the other offence and for sentencing, aggravation, totality, and the protection of victims. The closed list may be expanded, narrowed, or amended only by Treaty amendment under Article 43.

For the avoidance of doubt, the war-crime offences expressly established in this Article are separate offences. The definitions in paragraphs 15, 39–43, 45, 51–57, and 69–70, together with the war-crime-specific elements stated in paragraphs 60–61, provide the substantive conduct elements where applicable. A conviction requires proof of the elements of the particular offence charged and may not be based merely on the fact that the conduct occurred during armed conflict.

For sentencing, every war crime expressly established in Article 11 falls within Article 16.39 unless a more specific Treaty provision applies. A war crime that is not expressly capital-eligible under Article 16.23(c) is non-capital even if death or serious injury resulted. The death of a victim does not by itself convert a non-capital war crime into a capital offence; the Court must separately prove the intentional-killing elements of a capital-eligible offence.

“Lawful resort to armed force” means resort to armed force by a State only where a legally recognised basis for the use of force exists under this Treaty and applicable international law, including lawful individual or collective self-defence meeting all applicable requirements, or force expressly authorised by the competent collective-security authority where such authorisation is legally required. A State may not create a lawful basis by assertion alone.

“Unlawful resort to armed force” means the intentional resort by a State to armed force against another State where no legally recognised basis exists, or where a claimed basis has failed, ceased, or been exceeded. This includes an unlawful resort to armed force undertaken as part of a purpose or campaign to remove, replace, install, or prevent the lawful restoration of a government or political authority. For individual criminal responsibility, the prosecution must prove the accused’s leadership or other legally sufficient role, the absence or loss of a lawful basis, and the accused’s required intent and knowledge as expressly established in this Treaty.

“Unlawful threat of force” means an intentional threat by a person acting on behalf of or exercising effective authority over a State to use armed force where the threatened use would itself be unlawful, where the threat is made to coerce another State or population into action or submission, including a threat intended to remove, replace, install, or prevent the lawful restoration of a government or political authority, or where the threat is made to interfere unlawfully with the exercise of sovereign, Treaty, judicial, humanitarian, or other protected rights. Repeated or escalating threats, including threats involving nuclear weapons or other weapons of mass destruction, shall be assessed according to the threatened conduct, the credibility and circumstances of the threat, the coercive purpose, and all applicable requirements of this Treaty and international law.

“Unlawful coercive continuation of armed conflict” means the intentional continuation, prolongation, expansion, or maintenance of armed force by a person exercising effective control or direction over a State, after the lawful basis for the use of force has ceased or where no lawful basis existed, for the purpose of compelling another State or its population to surrender, submit to political or territorial demands, remove or replace a government or political authority, prevent its lawful restoration, provide money, resources, military or other assistance, alter lawful policy, or accept other demands through sustained armed coercion. The offence requires proof of the unlawful resort or continuation, the coercive purpose, the accused’s required leadership or control, and the required intent and knowledge. Duration alone does not establish the offence, but prolonged continuation, repeated demands, blockade or deprivation, mass casualties, displacement, destruction, or systematic coercive pressure may constitute aggravating circumstances where proved.

“Protected State Party or protected cooperating State” means a State Party, or a non-Party State lawfully cooperating with the Court, in relation to acts undertaken in good faith pursuant to this Treaty, a lawful Court request, judicial process, investigation, enforcement arrangement, witness or victim protection measure, or other authorised Court function. Participation or cooperation with the Court does not by itself make a State a party to an armed conflict and shall not lawfully be treated as a basis for retaliation.

“Prohibited coercion against protected persons” means intentional threats, violence, intimidation, unlawful detention, retaliation, harassment, obstruction, or other coercive conduct directed at Court personnel, witnesses, victims, defence participants, investigators, enforcement personnel, or persons lawfully cooperating with the Court for the purpose of compelling non-cooperation, altering testimony or evidence, obstructing proceedings, or punishing lawful participation. Where conduct independently constitutes an offence under another Treaty provision, each offence may be charged subject to the rules against double punishment.

76. “Protected developmental age” means the developmental circumstances requiring heightened legal consideration under this Treaty, including childhood and, where lawfully relevant, the protected developmental circumstances of young adults aged eighteen to twenty-three. It does not remove adult legal status from a person aged eighteen or above.

77. “Young adult” means a person aged eighteen to twenty-three inclusive. A young adult is an adult for purposes of legal capacity and responsibility, while developmental vulnerability, exploitation, coercion, dependency, recruitment, trafficking, grooming, or sentencing circumstances may be relevant where proved and where this Treaty permits.

78. “Developmental circumstances” means relevant physical, psychological, emotional, cognitive, social, educational, relational, dependency, vulnerability, or maturity circumstances affecting a person's capacity, vulnerability, exploitation, coercion, or sentencing circumstances. Natural development alone is not criminal conduct.

79. “Grooming” means intentional conduct by which a person builds or exploits trust, dependency, loyalty, obligation, fear, emotional attachment, authority, access, or another position of influence for the purpose of facilitating subsequent exploitation, control, recruitment, abuse, or other prohibited conduct. Grooming may occur in sexual and non-sexual contexts expressly recognised by this Treaty. Emotional attachment alone is insufficient to establish grooming or criminal responsibility.

80. “Exploitation” means intentionally obtaining or attempting to obtain a person's labour, services, sexual activity, money, property, participation, loyalty, dependency, or other benefit through force, coercion, deception, abuse of vulnerability, abuse of authority or trust, trafficking, grooming, or another prohibited means expressly established in this Article or elsewhere in this Treaty. The definition shall not criminalise lawful employment, lawful relationships, ordinary dependency, or ordinary human development without the required prohibited conduct and mental element. The substantive meanings of grooming, dependency, vulnerability, organised exploitation, and close-in-age circumstances are set out in paragraphs 79, 83, 84, 85, and 86 of this Article, respectively.

81. “Coercive control” means a course of intentional conduct using threats, intimidation, isolation, surveillance, dependency, deprivation, violence, financial control, abuse of authority, or other coercive means to substantially restrict another person's lawful freedom of choice or movement for a prohibited purpose established by this Treaty. The required offence elements must be proved before criminal responsibility arises.

82. “Criminal recruitment” means intentional recruitment, enlistment, inducement, coercion, transportation, transfer, or other intentional securing of a person for participation in conduct that constitutes a criminal offence, where the required elements of the applicable offence are proved. Recruitment alone shall not create liability unless the relevant Treaty offence expressly criminalises it.

83. “Dependency” means a material, financial, physical, emotional, social, institutional, legal, or other condition in which a person substantially relies upon another person or institution for essential needs, safety, status, access, care, resources, or lawful participation. Dependency may be relevant to vulnerability, coercion, grooming, exploitation, or sentencing where proved but does not by itself establish criminal responsibility.

84. “Vulnerability” means a condition or circumstance that materially reduces a person's practical ability to protect their rights or make a free and informed choice, including age, disability, illness, displacement, detention, poverty, dependency, isolation, coercion, trafficking, abuse of authority, or other circumstances proved on the evidence. Vulnerability shall be assessed individually and shall not be presumed solely from group membership or status.

85. “Organised exploitation” means intentional exploitation carried out through a structured, coordinated, repeated, or networked course of conduct involving two or more persons where the required elements of an offence are proved. Organised exploitation may include political, governmental, corporate, organised-crime, trafficking, gang, institutional, domestic, or other chains or networks, but membership or association alone is insufficient for criminal responsibility.

86. “Close-in-age circumstances” means circumstances in which persons of similar age and developmental stage engage in a relationship or conduct voluntarily and without rape, coercion, trafficking, exploitation, grooming, abuse of authority or trust, or another offence established by this Treaty. The existence of a small age difference shall not by itself establish criminal responsibility or negate lawful developmental circumstances.

87. For the avoidance of doubt, a child remains a person under eighteen years of age for all Treaty purposes unless this Treaty expressly provides otherwise for a specific lawful purpose.

For the purposes of developmental protection and criminal responsibility, the Treaty recognises the following age categories: under fourteen; fourteen to seventeen (protected child/adolescent); eighteen to twenty-three (protected young adult); and twenty-four and above (ordinary adult status). The minimum age of criminal responsibility under this Treaty 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.

A person under fourteen shall receive the highest level of developmental protection recognised by this Treaty and shall not be held criminally responsible under this Treaty for conduct occurring before the person reached fourteen years of age. The Court and other competent authorities may apply lawful child-protection, safeguarding, medical, educational, rehabilitative, restorative, family-support, or other non-criminal measures appropriate to the child's needs and circumstances. A child under fourteen shall not be treated as a criminal defendant merely because the alleged conduct is serious, grave, violent, or otherwise within the Court's substantive jurisdiction.

A person aged fourteen to seventeen is within the protected child/adolescent category. Natural development, lawful autonomy and genuine close-in-age circumstances shall not themselves constitute criminal conduct. Where criminal responsibility is alleged, the prosecution must prove the offence and all required elements beyond reasonable doubt, and all child-specific fair-trial, protection, sentencing and rehabilitation safeguards under this Treaty shall apply. The relevant age is the age at the time of the conduct.

A person aged eighteen to twenty-three is a protected young adult and remains an adult for legal capacity and criminal responsibility. The Court shall consider age, maturity, developmental vulnerability, culpability, rehabilitation prospects, and the circumstances in which the conduct occurred, including coercion, threats, grooming, trafficking, exploitation, dependency, recruitment, manipulation, abuse of authority or trust, and other proved developmental or vulnerability factors. These considerations do not create immunity from criminal responsibility or prevent a grave sentence where the Treaty requirements are proved.

A person aged twenty-four or above remains an adult and receives the ordinary protections of this Treaty. The absence of a special developmental category does not prevent the Court from considering vulnerability, coercion, dependency, exploitation or other relevant circumstances where proved.

Where age affects responsibility, protection, culpability, sentencing or capital eligibility, the relevant age is the age of the accused or victim at the time of the conduct to which the legal consequence relates. Later discovery of the conduct does not change that age.

Final Treaty rule — protected age grouping: a person aged eighteen to twenty-three is an adult and may be sentenced as an adult. Developmental vulnerability and exploitation are mitigating or evidential considerations where proved; they do not create an automatic capital prohibition beyond the express under-eighteen rule.

For developmental protection, the Treaty recognises four age categories: under fourteen; fourteen to seventeen as protected child/adolescent; eighteen to twenty-three as protected young adult; and twenty-four and above as ordinary adult status.

These age categories describe legal protection and developmental circumstances and do not by themselves create criminal responsibility.

A person under fourteen shall receive the highest level of developmental protection recognised by this Treaty and shall not be held criminally responsible under this Treaty for conduct occurring before the person reached fourteen years of age. 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.

A person aged fourteen to seventeen remains within the protected child/adolescent category. Natural development and genuine close-in-age circumstances shall not themselves constitute criminal conduct. Where criminal responsibility is alleged, every element of the offence must be proved and all applicable child safeguards shall apply.

A person aged eighteen to twenty-three is a protected young adult and remains an adult for legal capacity and criminal responsibility. A protected young adult who otherwise satisfies a capital-eligible offence remains legally eligible for the capital sentencing process, but the Court shall apply the additional safeguards expressly established by this Treaty before selecting sentence.

A person aged twenty-four or above remains an adult and receives the ordinary protections of this Treaty. Vulnerability, coercion, dependency and exploitation may nevertheless be considered where proved.

Where age affects responsibility, protection, culpability, sentencing or capital eligibility, the relevant age is the age at the time of the conduct.

A person who committed an offence while under eighteen shall not receive a death sentence.

A person who committed an offence while under eighteen shall not receive a death sentence. A person who was under fourteen at the time of the conduct shall not be held criminally responsible under this Treaty.

Close-in-age relationship continuity: 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 mere passage of time or one participant crossing an age boundary shall not by itself transform that continuing relationship into criminal conduct. Recognised continuity pairings for this limited purpose are 13 and 18, 14 and 19, 15 and 20, 16 and 21, and 17 and 22. These pairings protect continuity of a genuine relationship already established during the parties' own developmental years; they do not create a general permission for an adult to initiate a sexual relationship with a child.

The close-in-age continuity principle shall not apply where the evidence establishes rape, sexual abuse, sexual exploitation, grooming, trafficking, sexual enslavement, coercion, exploitation, abuse of authority or trust, organised exploitation, predatory targeting, or another offence under this Treaty. The Court shall distinguish a genuine close-in-age developmental relationship that naturally continued from an adult deliberately initiating, targeting, grooming, exploiting, coercing, trafficking, or otherwise abusing a child. In making that determination, the Court shall consider how and when the relationship began, the parties' respective ages and developmental stages, coercion, intimidation, manipulation, grooming, trafficking, exploitation, dependency, authority or trust, and any other relevant evidence. The principle shall never be used to shield prohibited conduct.

“Life imprisonment with judicial review” means life imprisonment under which the convicted person may have the sentence reviewed by a competent judicial authority at the review interval specified by the judgment or Rules of the Court (see Rules 103, 108 and 109). Judicial review does not create an automatic right to release, reduction, or commutation; any change to the sentence requires a lawful judicial determination under this Treaty.

“Life imprisonment without ordinary release” means life imprisonment under which the convicted person is not entitled to ordinary parole, automatic release, or sentence reduction merely because a specified period of imprisonment has elapsed. Any exceptional judicial, humanitarian, medical, or commutation mechanism must be expressly authorised by this Treaty and applied by the competent authority.

“Whole-life imprisonment” means life imprisonment for the remainder of the convicted person’s natural life, subject only to exceptional judicial, humanitarian, medical, or commutation mechanisms expressly authorised by this Treaty. Whole-life imprisonment does not create an ordinary release or parole entitlement.

Mental incapacity means a qualifying mental impairment existing at the time of conduct that destroys the person’s capacity to appreciate the nature or unlawfulness of the conduct, or to control the conduct in accordance with law. A diagnosis or disability alone shall not establish mental incapacity.

Diminished mental capacity means a qualifying mental impairment existing at the time of conduct that substantially impaired, but did not destroy, relevant capacity. It does not automatically exclude criminal responsibility but may be considered where legally relevant and in individualised sentencing where proved.

Fitness to participate in proceedings means present capacity, with reasonable accommodation and support where possible, to understand the proceedings and allegations, communicate meaningfully with counsel, give instructions, and participate sufficiently to exercise Treaty rights. Fitness is distinct from criminal responsibility at the time of the offence.

Secure medical custody means Court-authorised custodial placement in an appropriate secure medical, psychiatric, forensic medical, or secure treatment facility where treatment, protection, or secure supervision is required and ordinary imprisonment alone is inadequate.

Protected young adult sentencing: where a person aged eighteen to twenty-three is convicted, the Court shall expressly consider the person's age at the time of the conduct, maturity, developmental vulnerability, culpability, rehabilitation prospects, and any proved coercion, threats, grooming, trafficking, exploitation, dependency, recruitment, manipulation, abuse of authority or trust, or other developmental circumstance. These matters shall be recorded in the sentencing reasons where materially relevant.

Capital sentencing of a protected young adult: age eighteen to twenty-three does not create an automatic prohibition on capital punishment where the offence is independently capital-eligible. Before imposing a capital sentence, the Court shall expressly consider the person's age and maturity, individual culpability, rehabilitation prospects, coercion, threats, grooming, trafficking, exploitation, dependency, recruitment, manipulation, abuse of authority or trust, mental or developmental circumstances, and all other material mitigation. The Court shall also expressly consider whether mercy, commutation, a non-capital sentence, or another lawful disposition is warranted and shall record its reasons.

Whole-life imprisonment and protected young adults: a person aged eighteen to twenty-three shall not receive whole-life imprisonment merely because the offence is serious. Whole-life imprisonment may be imposed only where the offence is sufficiently grave and the Court records reasons why a lesser lawful life sentence, including life imprisonment with judicial review where available, would be inadequate. The protected young adult's age and developmental circumstances remain mandatory sentencing considerations.

Rehabilitation and assessment of protected young adults: where a protected young adult receives a custodial sentence, the Court shall provide for developmental, rehabilitation, and mental-health assessment during custody at intervals prescribed by the competent judicial authority. Assessments shall consider rehabilitation and progress, changes in maturity, mental and psychological condition, education and treatment, conduct and progress, effects of coercion, threats, grooming, trafficking, exploitation or dependency, and readiness for lawful reintegration where release, reduction, commutation, or review is legally available. Positive assessment does not create automatic release, but demonstrated rehabilitation and progress shall be considered wherever lawful review, release, reduction, or commutation is available.

Continuing child protection: nothing in the protected young-adult or close-in-age provisions diminishes the protection owed to children or creates permission for an adult to initiate sexual conduct with a child. The continuity protection applies only to a genuine close-in-age developmental relationship that began during the parties' own developmental years and naturally continued. It does not protect rape, sexual abuse, sexual exploitation, grooming, trafficking, sexual enslavement, coercion, exploitation, abuse of authority or trust, organised exploitation, or any other Treaty offence.

ARTICLE 12

Prosecutor and Prosecution Service

The Court shall establish an independent Office of the Prosecutor responsible for investigating and prosecuting persons accused of offences falling within the jurisdiction of the Court.

The Prosecutor shall act independently and shall not seek or accept instructions from any State, government, political organisation, private organisation, individual, or other external authority.

The Prosecutor shall act objectively and impartially, seeking to establish the truth and to ensure that both incriminating and exonerating evidence is properly considered.

The Prosecutor may initiate prosecutions following: a. an investigation initiated by the Court; b. a referral or formal communication from a State Party, a separately admitted Court Party, another State, an international organisation, or another entity lawfully entitled to make such a referral or communication; c. information received from an international organisation, humanitarian organisation, human-rights organisation, civil-society organisation, victim, witness, Court Party, State, or other reliable source; or d. any other lawful source of information that provides reasonable grounds for investigation.

The Prosecutor shall independently assess the available evidence and determine whether the legal and evidential requirements for prosecution have been satisfied.

No person shall be prosecuted solely because of their nationality, religion, ethnicity, sex, political opinion, social position, wealth, occupation, official status, or other personal characteristic.

The Prosecutor shall have authority to bring charges where there are reasonable grounds to believe that a person has committed an offence within the jurisdiction of the Court and sufficient evidence exists to justify proceedings.

The Prosecutor may withdraw or amend charges where the evidence no longer supports them, where new evidence becomes available, or where required in the interests of justice.

The Prosecutor shall have authority to request arrest warrants, search warrants, freezing orders, protection orders, preservation orders, and other lawful orders from the Court where necessary for an investigation or prosecution.

The Prosecutor shall cooperate with the Court's investigators, Court Enforcement Service, national authorities, international organisations, and other lawful bodies where such cooperation is necessary to investigate or prosecute offences.

The Prosecutor shall have a duty to protect the integrity of investigations and prosecutions and shall take reasonable measures to prevent intimidation, interference, corruption, destruction of evidence, or improper influence.

The Prosecutor shall establish appropriate procedures for the receipt, assessment, preservation, and disclosure of evidence in accordance with this Treaty and the Rules of the Court (see Rules 14–15, 28–29 and 131–139).

The Prosecutor shall disclose material evidence that may reasonably assist the defence, subject to lawful protections for victims, witnesses, confidential sources, national security, and other protected information.

The Prosecutor shall not be permitted to interfere with or direct the decisions of judges. Judicial decisions, warrants, rulings, judgments, and sentences shall remain matters for the Court.

The Prosecutor shall be accountable for the proper exercise of the powers granted by this Treaty and shall be subject to appropriate judicial and administrative oversight without compromising prosecutorial independence.

The Prosecutor shall be appointed through an independent, merit-based qualification and appointment process established by this Treaty and the Rules of the Court. Candidates shall first satisfy the Court's published competency, integrity, independence, and impartiality requirements before any formal appointment vote or confirmation. If an Assembly or other organ has a formal appointment role, that role shall be limited to selecting or confirming a candidate from the independently qualified pool and shall not confer authority to instruct, condition, redirect, or otherwise control any prosecutorial decision. The Prosecutor shall serve a single non-renewable term of nine years. The Prosecutor may be removed before the end of the term only for proven serious misconduct, corruption, incapacity, or material breach of the duties of office, through a fair and transparent procedure established by this Treaty and the Rules of the Court (see Rule 242), with an opportunity to respond and an independent decision by the competent authority.

The Office of the Prosecutor may include Deputy Prosecutors, Assistant Prosecutors, legal officers, investigators, analysts, forensic specialists, and other personnel necessary for the effective administration of justice.

The Prosecutor and members of the Office of the Prosecutor shall act in accordance with this Treaty, applicable international law, the Rules of the Court (including Rules 1–8 and 29), and the principles of independence, impartiality, integrity, accountability, and justice.

A State Party, a separately admitted Court Party, another State, an international organisation, humanitarian organisation, human-rights organisation, civil-society organisation, victim, witness, or other lawful cooperating source may provide information, evidence, documents, intelligence, witness information, forensic material, digital material, expert material, or other relevant material directly to the Court or to the independent Office of the Prosecutor for the purpose of investigating conduct within the jurisdiction of the Court.

Material received from a State, Court Party, or other lawful cooperating source shall be received, secured, recorded, and independently assessed by the Office of the Prosecutor and, where required, by the Court. The providing source shall not determine whether a person is investigated, prosecuted, convicted, acquitted, or sentenced.

The provision of information or evidence to the Court or Office of the Prosecutor shall not, by itself, constitute a referral, instruction, request for prosecution, admission of guilt, determination of responsibility, consent to a particular sentence, consent to enforcement of a particular sentence, or agreement to participate in the enforcement of a death sentence.

The Prosecutor shall independently assess the authenticity, relevance, reliability, legality, admissibility, and evidential value of material received from any source under this Article and shall consider both incriminating and exonerating information.

A State, Court Party, organisation, institution, victim, witness, or other lawful provider of material may identify conditions concerning confidentiality, source protection, national security, privacy, victims, witnesses, or other protected interests where it has a lawful basis to do so. The Court shall establish procedures for recording, assessing, protecting, and applying such conditions.

Where a State or other lawful provider provides material on the condition that it is used initially only for intelligence assessment, investigative leads, or the generation of further evidence, the Prosecutor shall respect that condition unless the provider subsequently consents to wider use or a competent judicial determination authorises disclosure or use under the applicable legal safeguards.

Nothing in this Article independently requires a State, Court Party, organisation, institution, or person to provide material where doing so would violate a mandatory provision of applicable law or another binding legal obligation. Where lawful, the provider and the Court shall seek an alternative form, channel, safeguard, redaction, summary, or derivative evidential route that permits the legitimate investigative purpose to be pursued.

ARTICLE 13

Investigations

The Court shall have the authority to conduct independent investigations into conduct that may constitute an offence within its jurisdiction.

The Prosecutor may initiate an investigation where there are reasonable grounds to believe that conduct within the jurisdiction of the Court may have occurred.

The Court may also initiate an investigation on its own initiative where credible information indicates the possible commission of serious crimes, including genocide, crimes against humanity, war crimes, human trafficking, sexual exploitation of children, abduction, or other serious violations within its jurisdiction.

The Court may receive information concerning possible crimes from States Parties, non-State authorities, international organisations, humanitarian organisations, human-rights organisations, civil-society organisations, victims, witnesses, journalists, media organisations, whistleblowers, or other reliable sources.

The Prosecutor shall assess information received and may conduct preliminary inquiries to determine whether a formal investigation is justified.

Investigators acting under the authority of the Court may, subject to this Treaty and applicable law: a. interview victims, witnesses, suspects, and other persons; b. obtain, preserve, examine, and analyse documents and physical evidence; c. collect digital evidence, electronic communications, photographs, recordings, financial records, and other relevant material; d. conduct forensic examinations; e. inspect relevant locations and property; f. request information and assistance from national authorities and international organisations; g. identify, trace, freeze, and preserve assets reasonably suspected of being connected to offences within the jurisdiction of the Court; and h. take other lawful investigative measures authorised by the Court.

Where an investigative measure requires judicial authorisation, the Prosecutor or authorised investigator shall apply to the appropriate judge or judicial chamber for a warrant or other lawful order.

The Court may issue orders for the preservation of evidence where there is a reasonable risk that evidence may be destroyed, altered, concealed, transferred, or otherwise made unavailable.

The Court may request assistance from a State Party in conducting an investigation within that State's territory. A State Party shall cooperate in accordance with this Treaty and its obligations under international law.

The Court may establish agreements or arrangements with States, international organisations, law-enforcement bodies, humanitarian organisations, forensic institutions, and other competent bodies for the purpose of facilitating investigations.

Investigators shall act independently, impartially, professionally, and without discrimination.

Investigators shall seek both incriminating and exonerating evidence and shall not deliberately suppress, destroy, alter, fabricate, or conceal evidence relevant to the investigation.

The Court may establish specialist investigative units where necessary, including units dealing with genocide, war crimes, crimes against humanity, human trafficking, child exploitation, financial crime, cybercrime, environmental crimes, mass casualty events, and other serious offences.

Where an investigation identifies evidence of an immediate and serious threat to human life or safety, the Court may seek urgent protective measures, including orders for the protection of victims and witnesses, preservation of evidence, prevention of further criminal conduct, or other measures authorised by this Treaty.

Investigations may be conducted through secure remote methods where appropriate, including remote interviews, digital evidence collection, secure communications, and other technological means approved by the Court.

The Court shall maintain appropriate records of investigations and shall establish procedures for the secure storage, authentication, preservation, and eventual disclosure of investigative material.

Investigations shall be conducted in a manner consistent with the rights of suspects, accused persons, victims, and witnesses established by this Treaty.

Nothing in this Article shall prevent the Court from investigating conduct occurring before the establishment of the Court where the Court has lawful jurisdiction over that conduct under this Treaty or another applicable international agreement.

76. Investigations shall be independent, impartial, objective, and directed toward establishing the truth. The Court shall investigate both incriminating and exculpatory circumstances and shall not structure an investigation solely to confirm an existing allegation.

77. For each suspect, the investigative record shall identify the alleged conduct, the applicable offence, the material elements, the required mental element, the alleged mode of liability, the evidence supporting responsibility, and material evidence tending to negate responsibility. Collective, political, organisational, familial, national, religious, occupational, or social association shall not substitute for individual proof.

78. Where responsibility is alleged through a chain of command, political or institutional structure, financial network, recruitment system, trafficking network, intermediary structure, or organised criminal group, the investigation shall identify the accused person's actual authority, conduct, knowledge, intent, contribution, and connection to the offence rather than infer liability solely from position or membership.

79. In cases involving sexual offences, violence against children, trafficking, grooming, coercion, exploitation, forced recruitment, or other vulnerable victims, investigators shall take account of age, developmental circumstances, vulnerability, dependency, authority, trust, coercive circumstances, and the risk of repeated trauma. These factors shall assist the assessment of evidence and responsibility but shall not remove the prosecution's burden of proof.

80. Where a person appears to have been both a participant in criminal conduct and a person subjected to exploitation, coercion, trafficking, grooming, forced recruitment, or other abuse, the investigation shall separately assess the evidence of victimisation and the evidence of intentional criminal responsibility. Exploitation shall not automatically excuse a completed offence, and vulnerability shall not automatically establish guilt.

81. Investigators may trace financial benefit, proceeds, assets, transfers, businesses, property, digital assets, or other resources connected to suspected criminal conduct. Freezing or preservation measures shall be based on lawful authority and shall protect innocent third-party interests pending judicial determination.

82. International cooperation may be sought for evidence, witnesses, records, financial information, forensic material, arrests, transfers, protection, or other lawful investigative purposes. Requests and received material shall be independently assessed for reliability, legality, authenticity, relevance, and disclosure requirements.

83. Investigators shall preserve an auditable evidence record identifying the source, acquisition, handling, preservation, material relevance, and disclosure status of significant evidence. Where digital or physical evidence may be altered, appropriate integrity and chain-of-custody measures shall be applied.

84. Investigators shall use progressive disclosure and other lawful protective arrangements where immediate unrestricted disclosure would create a serious risk to a victim, witness, investigator, protected person, national security interest, or the integrity of an ongoing investigation. Any restriction shall remain subject to judicial control and the accused's fair-trial rights.

85. Significant investigative developments in qualifying serious cases shall be reported for judicial case control. The three-year judicial review shall consider progress, evidence, proposed or existing charges, outstanding steps, protection, asset preservation, cooperation, and the route to hearing or trial. Continued investigation after review requires recorded reasons and a further review point where required by the Rules.

86. Evidence that is obtained through torture, fabrication, or serious unlawful coercion shall be excluded or given no weight as required by this Treaty and the Rules. Investigators shall take reasonable measures to identify and record material reliability concerns rather than conceal them.

87. Nothing in this Article permits a conviction based solely on pattern, public belief, repeated allegation, political pressure, organisational status, or association. The prosecution must establish the accused person's individual responsibility and all elements of the offence beyond reasonable doubt.

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 the commencement of the qualifying investigation. The review shall examine, as applicable, jurisdiction, investigative progress, evidence and disclosure, victim and witness protection, outstanding cooperation, preservation of evidence and assets, reasons for delay, proposed or existing charges, and lawful next steps.

The three-year review is a judicial accountability safeguard and is not an automatic limitation period, dismissal rule, termination of accountability, or presumption of guilt. Where continued investigation is justified, the Court shall record reasons and establish a further review point. No person shall be treated as guilty merely because a qualifying investigation remains open.

Final Treaty rule — investigation, evidence and accountability: investigations shall preserve individual responsibility, auditable evidence, judicial case control, disclosure, protection, and accountability as expressly provided in this Treaty.

Investigations shall identify the individual conduct, offence elements, required mental element, victim or victims, applicable mode of liability, relevant role, jurisdictional basis and evidential foundation for every proposed charge.

Repeated, systematic, organised or prolonged offending may be investigated as a connected course of conduct, but pattern evidence shall not replace proof of the individual offence or individual responsibility.

Qualifying serious, grave, multiple-victim, systematic, international or leadership investigations shall remain subject to the three-year judicial case-review architecture established by this Treaty. Three years is not a limitation period for prosecution.

ARTICLE 14

Victims and Witnesses

The Court shall recognise and respect the rights, dignity, safety, privacy, and wellbeing of victims and witnesses participating in proceedings.

Victims shall have the right to participate in proceedings in accordance with this Treaty and the Rules of the Court (see Rules 111–120).

The Court may permit victims to: a. make statements concerning the harm suffered; b. present relevant evidence; c. be represented by legal counsel; d. make submissions concerning appropriate protective measures, reparations, and sentencing; and e. participate in other proceedings where the Court considers their participation appropriate.

The Court shall establish appropriate measures for the protection of victims and witnesses against intimidation, threats, harassment, retaliation, coercion, violence, or other interference.

Protection measures may include: a. protection of personal information and identifying details; b. secure or private locations for giving evidence; c. remote video testimony; d. voice or image protection where necessary; e. relocation or other protective arrangements; f. restrictions on publication of sensitive information; and g. any other reasonable protective measure authorised by the Court.

Special measures shall be available for children, survivors of sexual violence, victims of trafficking, persons with disabilities, vulnerable witnesses, and persons facing a particular risk of retaliation or intimidation.

The Court may appoint or establish a Victims and Witnesses Protection and Support Service to provide practical, legal, psychological, medical, safeguarding, and other appropriate assistance.

No victim or witness shall be punished, threatened, intimidated, harassed, discriminated against, or otherwise disadvantaged for providing truthful information or evidence to the Court.

Knowingly providing materially false evidence, fabricating evidence, deliberately misleading the Court, or making a knowingly false allegation may constitute disciplinary or procedural misconduct under the Rules of the Court (see Rules 177–180 and 234) or a criminal offence only where the conduct satisfies the express elements of an offence established by this Treaty or applicable law.

The Court shall take reasonable measures to prevent victims and witnesses from being exposed unnecessarily to traumatic or harmful questioning, particularly in cases involving children, sexual violence, trafficking, torture, or other serious abuse.

The Court may permit victims and witnesses to participate through secure video link or other remote means where this is necessary or appropriate for their safety, wellbeing, privacy, or effective participation.

The Court shall seek, where appropriate, to prevent unnecessary disclosure of the identity of child victims and witnesses.

Protective measures shall be applied in a manner consistent with the rights of the accused, including the right to a fair trial and the right to challenge relevant evidence.

A person who threatens, intimidates, bribes, coerces, harms, or attempts to interfere with a victim or witness because of their involvement with the Court may be subject to arrest, prosecution, and other lawful measures under this Treaty.

The Court shall establish procedures for emergency protection where a victim or witness faces an immediate risk of serious harm.

The Court may cooperate with States Parties, international organisations, humanitarian organisations, medical and safeguarding services, law-enforcement authorities, and other competent bodies to protect and support victims and witnesses.

The Court shall seek to ensure that victims are treated with dignity and that their participation in proceedings does not itself expose them to unnecessary further harm.

Nothing in this Article shall prevent the Court from adopting additional protections or support measures where required by the circumstances of an individual case.

The Court may provide lawful humanitarian protection and restorative assistance to a victim or affected person before the completion or outcome of criminal proceedings where credible and sufficient evidence establishes serious victimisation or an immediate humanitarian need and the measure is authorised by this Treaty. Such measures may include immediate safety and protection, medical or psychological care, safe accommodation, housing, education, vocational development, livelihood or employment support, family protection, assistance concerning missing persons and human remains, dignified recovery and identification of remains, rehabilitation, community restoration, and other lawful measures directed toward restoring dignity, safety and independent life development.

Humanitarian protection or restoration under this Article does not establish criminal guilt, does not replace the prosecution burden of proof, and does not determine confiscation or criminal responsibility. It may continue while an investigation, prosecution, trial, appeal or review remains unresolved where the underlying need or risk continues.

Final Treaty rule — victims, witnesses, protection and restoration: victims and witnesses shall receive protection, participation, privacy and restoration measures provided by this Treaty, while the rights of the accused and the requirements of a fair trial remain protected.

Victim protection shall recognise physical, psychological, emotional, financial, material, developmental, family and community consequences of criminal conduct.

The Court may use protective, humanitarian and restorative measures before, during and after proceedings where authorised by this Treaty and supported by the circumstances of the individual case.

Protection and restoration shall not create collective criminal responsibility or transfer the accused's criminal liability to innocent relatives or later generations.

ARTICLE 15

Evidence and Court Procedure

The Court shall establish procedures for the admission, presentation, examination, preservation, and assessment of evidence in proceedings before it.

Evidence shall be admitted where the Court determines that it is relevant, sufficiently reliable, and lawfully obtained, subject to this Treaty and the Rules of the Court (see Rules 58–59 and 121–140).

The Court may consider documentary, physical, forensic, photographic, audio, video, digital, electronic, financial, scientific, expert, testimonial, and other relevant evidence.

Evidence obtained through lawful investigative methods may be presented in proceedings regardless of whether it was obtained physically, electronically, remotely, or through cooperation with another State or organisation.

The Court shall establish procedures for authenticating digital and electronic evidence, including photographs, recordings, communications, computer data, financial records, online material, and other digital information.

The Court shall maintain appropriate procedures for the preservation and continuity of evidence from the time it is obtained until the conclusion of proceedings.

Each party shall have a reasonable opportunity to examine, challenge, and respond to evidence relied upon by another party, subject to lawful protections for victims, witnesses, confidential information, and other protected material.

The Court may appoint or hear expert witnesses where specialised knowledge is required to assist the Court in understanding technical, scientific, medical, financial, military, forensic, linguistic, or other evidence.

Judges shall assess evidence independently and impartially and shall determine the weight to be given to each item of evidence according to its reliability, relevance, authenticity, and the circumstances in which it was obtained.

The Court shall not convict a person unless the evidence establishes guilt beyond reasonable doubt.

The Rules of the Court shall establish detailed evidential safeguards consistent with the beyond-reasonable-doubt standard and shall provide additional protection against wrongful conviction, including procedures concerning disclosure, reliability, corroboration where appropriate, preservation of evidence, and review of material errors.

Evidence obtained through torture, deliberate fabrication, or serious violations of fundamental rights shall not be relied upon where its admission would undermine the fairness or integrity of the proceedings.

Where evidence has been obtained unlawfully but remains relevant to the proceedings, the Court may determine whether and to what extent it may be considered, taking into account the seriousness of the violation, the reliability of the evidence, the circumstances in which it was obtained, and the interests of justice.

The Court may issue orders requiring a person, State Party, organisation, or other entity within its lawful authority to preserve, disclose, produce, or provide relevant evidence.

The Court may establish procedures for the secure handling of classified, confidential, privileged, personal, medical, financial, or otherwise sensitive information.

Evidence concerning a victim or witness shall not be published or broadcast where the Court determines that publication would create an unacceptable risk to their safety, dignity, privacy, or wellbeing.

Public proceedings and live broadcasting shall not prevent the Court from temporarily restricting the publication or transmission of particular evidence where necessary to protect a person, preserve sensitive information, or maintain the integrity of proceedings.

The Court may take judicial notice of facts that are generally known, capable of reliable verification, or otherwise established under the Rules of the Court (see Rule 241), provided that the parties have a reasonable opportunity to challenge the relevance or accuracy of such facts.

The Court may establish specialist procedures for evidence arising from mass atrocities, armed conflict, trafficking, organised crime, cybercrime, financial crime, environmental destruction, and other complex investigations.

The Court may accept evidence obtained through cooperation with international organisations, humanitarian organisations, human-rights organisations, national authorities, independent investigators, journalists, whistleblowers, and other reliable sources, subject to the requirements of this Treaty and the Rules of the Court (see Rules 121–140 and 171–174)d the Rules of the Court.

The Court shall establish procedures to ensure that evidence is preserved for appeals, reviews, retrials, enforcement proceedings, and other lawful purposes.

The Court shall have authority to establish detailed Rules of Evidence and Procedure consistent with this Treaty, applicable international law, and the fundamental rights established by this Treaty.

Final Treaty rule — evidence, disclosure, records and witness protection: evidence shall be preserved, assessed, disclosed and protected under Articles 12, 15, 27 and 28 and the Rules of the Court (see Rules 121–160, 188–207 and 113–120).

The prosecution shall disclose material evidence required for a fair trial, including exculpatory and materially favourable evidence, subject to lawful protective and confidentiality measures.

Evidence shall be preserved in a manner capable of supporting appeal, review, retrial, enforcement and other lawful proceedings.

Witness protection shall include appropriate measures for vulnerable witnesses, children, persons facing retaliation and persons providing information to the Court in good faith.

Remote testimony, anonymity, protective orders, redaction, sealing and other protective measures may be used where authorised by the Treaty and Rules while preserving the accused's fair-trial rights.

Evidence or information supplied by a State, Court Party, international organisation, humanitarian organisation, human-rights organisation, civil-society organisation, victim, witness, or other lawful source directly to the independent Office of the Prosecutor or Court evidence channel shall be assessed independently and shall not be treated as reliable or admissible merely because it originated from that source.

Where material is supplied on a lawful limited-use or confidentiality condition, the Court shall determine its evidential use consistently with that condition, this Treaty, and the rights of the accused. Where the original material cannot lawfully be disclosed, the Court may consider lawfully obtained derivative evidence where its provenance and reliability can be established.

The provision of evidence by a State, Court Party, organisation, institution, victim, witness, or other lawful source does not constitute evidence that the provider supports the prosecution, conviction, sentence, or enforcement outcome in an individual case.

ARTICLE 16

Sentencing and Penalties

Where the Court finds a person guilty of an offence within its jurisdiction, the Court shall have authority to impose a sentence proportionate to the seriousness of the offence, the harm caused, the circumstances of the offender, and the interests of justice.

Sentences imposed by the Court shall constitute judgments of the Court and shall remain valid and enforceable in accordance with this Treaty regardless of the national law of the State in which the convicted person is located.

The Court may impose one or more of the following penalties or judicial measures: a. imprisonment for a fixed period; b. life imprisonment, in one of the forms defined in Article 11; c. a fine or financial penalty; d. restitution or compensation to victims; e. confiscation, forfeiture, or recovery of proceeds, property, assets, or instrumentalities connected to the offence; f. orders requiring the return of unlawfully obtained property; g. disqualification from specified positions or activities where permitted by applicable law; h. deportation, removal, or transfer following imprisonment where lawfully authorised; i. transfer to another State Party for enforcement of the sentence; j. restorative-justice measures where appropriate and consistent with the seriousness of the offence; and k. any other lawful penalty expressly authorised by this Treaty.

The Court may order the confiscation or forfeiture of assets where it determines that those assets constitute proceeds of crime, were obtained through criminal conduct, or were used to facilitate the commission of an offence.

Confiscation proceedings may be brought against property or assets held directly or indirectly by a convicted person, including property held through another person, organisation, trust, company, or other legal arrangement where the Court determines that the arrangement was used to conceal ownership or criminal proceeds.

The Court may order that recovered assets be returned to victims, used for restitution or compensation, returned to a State or other lawful owner, or otherwise disposed of in accordance with the Rules of the Court (see Rules 105–106 and 220) and applicable international law.

Asset recovery shall distinguish between (a) proceeds, property, assets or instrumentalities shown to be connected to the offence, (b) property lawfully owned by the convicted person but not shown to be connected to the offence, and (c) property or interests belonging in whole or in part to an innocent or bona fide third party. Confiscation or forfeiture shall be directed only to property within the lawful scope of the order.

The Court shall take reasonable measures to protect innocent family members and dependants. A family relationship, residence in the same household, joint family finances, or receipt of ordinary household support shall not by itself establish that property is criminal proceeds or justify confiscation of an innocent person's independent interest. Where a family home or essential household property is jointly owned, the Court shall determine the convicted person's proven interest separately from the lawful interests of other owners and shall consider the housing, safety and essential needs of innocent dependants when making an order.

Where property is jointly owned, the Court shall identify the convicted person's lawful interest and the interest of each other owner. An innocent co-owner shall not lose a bona fide ownership interest merely because the other owner committed an offence. The Court may order division, sale, transfer of the convicted person's interest, or another proportionate remedy where lawful, while protecting the proven interest of the innocent co-owner.

Before making a final forfeiture order affecting property in which an identifiable third party may have a lawful interest, the Court shall provide reasonable notice and a meaningful opportunity to present evidence and make submissions concerning ownership, possession, purchase, security interests, or other lawful rights. A bona fide third party acting in good faith without knowledge of the criminal connection shall receive appropriate protection against forfeiture of that person's proven lawful interest, subject to the Court's determination of the evidence.

The Court may order or request lawful protective measures, including identification, tracing, preservation, freezing or seizure of proceeds, property, assets or instrumentalities where necessary to prevent concealment, dissipation, transfer or destruction before a final confiscation, forfeiture or restitution determination. Such interim measures shall not by themselves constitute a final determination that the property is criminal property and shall be subject to judicial control, notice and challenge safeguards established by this Treaty and the Rules.

Where criminal proceeds have been mixed with lawful property, the Court may determine the identifiable criminal component and may make a proportionate order against the traceable proceeds or corresponding value where authorised by this Treaty. The Court shall not treat mere proximity, association or common ownership as proof that all mixed property is criminal property.

In allocating recovered assets, the Court shall consider the rights and proven claims of victims, innocent owners and bona fide third parties before determining any remaining disposition to the State or other lawful recipient. Restitution and compensation for victims shall not be defeated merely because assets have been placed through intermediaries or legal arrangements, where the criminal connection and the applicable legal requirements are proved.

Cross-border asset recovery shall be pursued through lawful cooperation, including identification, tracing, freezing, seizure, confiscation, forfeiture, transfer and return of assets where permitted by this Treaty and applicable law. A State's assistance shall not be used to deprive an innocent third party of a lawful interest without the safeguards applicable to that interest.

The Court shall keep a reasoned record of the property subject to any final asset order, the basis for finding the property connected to the offence, the ownership or third-party interests considered, the relief or protection granted to innocent persons, and the destination or use of recovered assets.

The Court may take into account aggravating and mitigating circumstances when determining a sentence. Fines are additional financial penalties and shall not create an alternative offence-specific sentencing range; the individual sentencing range expressly established for the offence of conviction remains controlling.

Aggravating circumstances may include, where applicable: a. particular cruelty or brutality; b. deliberate targeting of children or vulnerable persons; c. large numbers of victims; d. repeated or organised offending; e. abuse of official authority or position; f. financial or political gain; g. attempts to conceal or destroy evidence; h. intimidation or retaliation against victims or witnesses; and i. obstruction of the administration of justice.

Mitigating circumstances may include genuine cooperation with the Court, voluntary surrender, substantial assistance in establishing the truth, efforts to repair harm, or other circumstances recognised by the Court. The Court shall use a progressive and individualised response to repeated offending. Where a person has previously been convicted of comparable or related offences, or has repeatedly committed offences of the same or related type, the Court shall consider the proven pattern, frequency, duration, escalation, number of victims, harm, and the person's response to previous lawful sanctions when determining sentence. A previous sentence shall not by itself establish guilt for a new offence, but proven prior offending may be considered where this Treaty permits it. Where a lesser or lower-level offence is repeated after lawful intervention, the Court may move the sentence toward the higher end of the applicable offence-specific sentencing range and, where the offence-specific range and Treaty permit, impose a higher level of custodial sentence rather than relying on another fine, rehabilitation order, restorative measure, or other lower-level response. The Court shall give reasons showing why the previous intervention was insufficient and why the new sentence is proportionate to the proven offending. No Level I–IV framework classification shall override the controlling sentencing range expressly established for the offence of conviction. Where repeated offending forms a connected, repeated, prolonged, systematic, organised, cumulative, or intergenerational course of conduct, the Court may recognise the conduct as cumulative or mass offending for gravity, aggravation, totality, and lawful sentencing purposes. Separately proven offences and victims shall remain separately identified. The accumulation of lesser offences may therefore produce a substantially more serious sentencing consequence than any single offence considered in isolation, including custodial sentencing where lawfully available. However, cumulative or mass offending shall not by itself create, rename, or substitute for a separate grave offence; where the elements of an existing grave offence are independently proved, the Court shall determine that offence separately. Any future substantive offence or higher maximum penalty based specifically on cumulative or mass offending shall require express settlement and amendment of this Treaty under Article 43. Rehabilitation, restorative measures, supervision, detention, imprisonment, and financial penalties shall operate progressively rather than as a permanent cycle that permits continued offending without escalation. Where the Court has evidence that lawful rehabilitation, supervision, restorative measures, detention, imprisonment, or financial penalties have repeatedly failed to prevent further offending, that failure may be considered when selecting among otherwise lawful sanctions. It shall not remove the requirements of proof, individual criminal responsibility, proportionality, or the controlling offence-specific sentencing range. A fine shall not be treated as an adequate substitute merely because the offender can afford to pay it. Where repeated comparable offending continues despite fines or other financial penalties, the Court shall consider whether a custodial or other non-financial sanction is required within the applicable offence range. Conversely, inability to pay shall not by itself convert a lawful fine into imprisonment where imprisonment was not otherwise authorised or justified.

The Court shall determine the sentence independently and shall not be required to reduce, alter, or replace a sentence solely because the convicted person is located in a State whose national law provides a different penalty for the same conduct. A fine shall not be used as an unlimited substitute for custodial sentencing. Where a person has prior convictions or prior financial penalties for comparable or repeated offending, the Court shall consider that history when determining sentence and whether a further financial penalty alone would be adequate. Where repeated, persistent, escalating, organised or systematic offending, multiple victims, abuse of authority, or continued offending after previous punishment makes a further fine alone inadequate, the Court shall consider custodial sentencing where the applicable offence provision permits it.

Where a sentence requires enforcement within a State Party, the Court may enter an enforcement agreement with that State concerning imprisonment, transfer, supervision, confiscation, restitution, deportation, removal, or other lawful enforcement measures.

Where the State in which a convicted person is located is unwilling or legally unable to enforce a sentence, the Court may seek the lawful transfer of that person to another State Party or other jurisdiction that has agreed to enforce the sentence.

A person subject to a sentence shall not obtain automatic release, reduction, or cancellation of the Court's sentence solely because the person has entered a State whose national law provides a lesser sentence for the same conduct.

The death penalty may be imposed only as an exceptional and discretionary sentence for: (a) genocide involving intentional killing together with the specific intent to destroy a protected group in whole or in substantial part; (b) crimes against humanity consisting of murder or extermination involving intentional killing where all contextual elements of crimes against humanity are proved; (c) a war crime involving intentional killing where the offence is expressly established as capital-eligible by this Treaty and all elements are proved; (d) murder of a child; (e) aggravated mass murder; or (f) a grave sexual offence against a child, including rape of a child, sexual enslavement of a child, child sexual trafficking, or other expressly defined grave child sexual exploitation or abuse, only where every condition in Article 11.69 is proved. For qualifying child-sexual-offence capital provisions, the victim must have been under eighteen years of age at the time of the offence, the accused must have been an adult aged eighteen years or older at the time of the conduct, and at least one Article 11.69 aggravating circumstance must be proved beyond reasonable doubt. No other offence is capital-eligible unless this Treaty is amended in accordance with Article 43.

A person who was under eighteen years of age at the time of the conduct shall not be sentenced to death. The relevant age for this safeguard is the age of the convicted person at the time of the conduct giving rise to the conviction, as provided by Article 11.95.

Rape of a child, sexual enslavement of a child, child sexual trafficking, and other expressly defined grave sexual exploitation or abuse of a child remain separate offences with separate elements and sentencing consequences. Each qualifying child sexual offence may carry a discretionary capital sentence only where every condition in Article 11.69 and Article 16.23 is proved beyond reasonable doubt. Where the required capital conditions are not proved, the Court shall impose the applicable non-capital sentence.

The death penalty shall be discretionary and shall never be mandatory or automatic. The Court shall conduct an individualised capital sentencing hearing and shall consider all aggravating and mitigating circumstances before deciding whether a death sentence is legally and factually justified.

The death penalty shall not be imposed where the Court determines that the convicted person was under eighteen years of age at the time of the offence. The death penalty shall not be carried out against a pregnant person. It shall not be imposed or carried out where serious psychosocial or intellectual disability or another condition materially prevents the person from participating effectively in their defence or understanding the nature and consequences of the proceedings or sentence.

A death sentence shall be imposed only after a final judicial determination of guilt following a fair trial with all applicable defence rights, and shall remain subject to the appeal and review safeguards established by this Treaty. No execution shall occur while an appeal, review, application based on newly discovered evidence, or other lawful judicial remedy remains pending.

A person sentenced to death shall have a right to seek pardon, commutation, or other lawful relief from the death sentence. The Court shall ensure that a genuine and effective procedure exists for considering such an application and any material personal or case-specific circumstances raised by the convicted person.

Where the State in which a person sentenced to death is located cannot lawfully carry out the death sentence, the Court shall not require that State to violate its law. The Court may seek lawful transfer to another State able and willing to enforce the sentence. If lawful enforcement of the death sentence is not available, the death sentence shall be replaced for enforcement purposes by life imprisonment, subject to any lawful judicial review, commutation, or sentence-reduction mechanism established by this Treaty.

No State shall be required by this Article to carry out a death sentence in violation of its constitutional or legal obligations, or in circumstances prohibited by applicable international law. States Parties shall nevertheless cooperate, to the extent lawfully possible, with the Court in enforcing its judgments and sentences.

The Court may seek lawful transfer of a person subject to a death sentence only to a State that has expressly agreed to enforce the sentence and is legally authorised to do so.

No sentence shall be imposed without a formal judicial determination of guilt, except for lawful interim measures expressly authorised by this Treaty.

The Court shall provide reasons for every sentence imposed, including the offence of conviction, the applicable legal provision, the principal facts, the gravity and harm caused, aggravating and mitigating circumstances, and the penalty selected.

The Rules of the Court shall establish detailed sentencing guidelines and offence-specific sentencing procedures, provided that those Rules remain subordinate to this Treaty and shall not create a criminal offence, capital-eligible offence, or penalty not expressly authorised by this Treaty.

The sentencing framework for every offence shall identify the offence of conviction, proven elements and mental state, mode of liability and attempt status, ordinary sentence, aggravated sentence, capital eligibility where expressly authorised, capital conditions, aggravating and mitigating circumstances, and appeal, review, and enforcement safeguards.

Genocide shall ordinarily be punishable by imprisonment of not less than twenty years and up to life imprisonment. Where genocide involves intentional killing or extreme aggravating circumstances, the Court may impose life imprisonment and may consider a capital sentence only where Article 16's capital requirements are independently satisfied. Attempt and participation shall be sentenced according to the seriousness of the proven conduct and shall not automatically receive the sentence for completed genocide.

Crimes against humanity shall ordinarily be punishable by imprisonment of not less than ten years and up to life imprisonment. Murder or extermination involving intentional killing may be capital-eligible only under Article 16. Attempt and participation shall receive proportionate sentences reflecting the degree of completion and contribution.

War crimes shall ordinarily be punishable by imprisonment of not less than five years and up to thirty years, or life imprisonment where the gravity, number of victims, cruelty, protected status of victims, or other aggravating circumstances makes life imprisonment proportionate. Wilful killing may receive a capital sentence only where every capital safeguard is satisfied.

Murder shall ordinarily be punishable by imprisonment of not less than ten years and up to life imprisonment. Aggravated murder may receive life imprisonment. Murder of a child and aggravated mass murder may be capital-eligible only under the strict conditions of Article 16 and shall never carry an automatic death sentence.

Sexual exploitation or abuse of a child shall ordinarily be punishable by imprisonment of not less than ten years and up to life imprisonment where exceptionally grave, repeated, organised, involves multiple children, trafficking, commercial exploitation, serious injury, or abuse of authority. Where the conduct is one of the grave child sexual offences identified in Article 16.23 and every condition in Article 11.69 is proved, it may additionally be capital-eligible. Capital eligibility is discretionary and never automatic; where any required condition is not proved, the applicable non-capital sentence shall apply.

Human trafficking and sex trafficking shall ordinarily be punishable by imprisonment of not less than seven years and up to thirty years, or life imprisonment for aggravated trafficking involving children, multiple victims, organised criminal activity, extreme coercion, serious injury, or death. Trafficking is not capital-eligible standing alone.

Abduction or kidnapping shall ordinarily be punishable by imprisonment of not less than five years and up to twenty-five years, or life imprisonment where the conduct involves a child, prolonged confinement, torture, sexual violence, serious injury, ransom, multiple victims, or death. It is not capital-eligible standing alone.

Torture shall ordinarily be punishable by imprisonment of not less than ten years and up to life imprisonment where severe suffering, repeated conduct, multiple victims, abuse of authority, or permanent injury is proved. Torture is not capital-eligible standing alone.

Enforced disappearance shall ordinarily be punishable by imprisonment of not less than ten years and up to life imprisonment, with the highest penalties reserved for prolonged disappearance, multiple victims, systematic conduct, death, or other extreme aggravating circumstances. It is not capital-eligible standing alone.

Forced enlistment or forced military participation, where established as a Treaty offence, shall ordinarily be punishable by imprisonment of not less than ten years and up to life imprisonment, with sentence determined by the gravity of the harm, the victim’s protected status, duration, coercion, the accused’s role and other proved aggravating or mitigating circumstances. It shall not be capital-eligible standing alone; capital eligibility may arise only where the same proven conduct independently satisfies a separate capital-eligible offence under Article 16.

Forced labour, coercive recruitment, and organised exploitation, where established as Treaty offences, shall ordinarily be punishable by imprisonment of not less than five years and up to twenty years, with life imprisonment available for exceptionally grave cases where the Treaty permits. Duration, repetition, multiple victims, generational consequences, organised conduct, abuse of authority, serious injury, trafficking, and other proved aggravating circumstances may support the higher end of the applicable range. These offences are not capital-eligible standing alone; capital eligibility may arise only where the same proven conduct independently satisfies a separate capital-eligible offence under Article 16.

Offences against the administration of the Court shall ordinarily be punishable by imprisonment of up to fifteen years, fines, restitution, confiscation, or a combination of lawful penalties. Where the offence intentionally causes death, the resulting homicide may be sentenced under the applicable homicide offence if its elements are proved, but the administration offence itself shall not become capital-eligible merely because death resulted.

Attempted offences shall ordinarily receive a sentence below that available for the completed offence unless this Treaty expressly permits the higher sentence. An attempt to commit a capital-eligible offence shall not automatically be capital-eligible.

Aiding, abetting, ordering, soliciting, inducing, conspiracy, incitement, common-purpose participation, and other modes of liability shall carry proportionate sentences based on actual contribution, intent, knowledge, authority, and resulting harm. No mode of liability creates automatic equivalence to the principal offender for sentencing purposes. The Court shall distinguish, where proved and legally relevant, the person's actual role or level of responsibility, including direct perpetration, joint perpetration, leadership or command, organising, recruitment, financing, facilitation, aiding or other material contribution. Rank, title, office, seniority, status, or membership alone shall not establish any such role or increase a sentence.

Command or superior responsibility shall ordinarily be punishable by imprisonment proportionate to the seriousness of the underlying offences and the superior's proven knowledge, control, failure to prevent or repress, and contribution to the resulting harm. A superior shall not receive a capital sentence solely on the basis of command responsibility where the superior's own conduct does not satisfy the elements of a capital-eligible offence.

Where multiple offences arise from the same conduct, the Court shall determine guilt for each separately where legally appropriate and shall impose concurrent or consecutive sentences according to the totality of the criminality, harm, and proportionality. Multiple deaths, multiple victims, repeated offences, and large-scale or systematic harm shall be expressly considered.

Where an offence results in death, the Court shall identify separately whether the death was intentional, whether it was an element of the offence, whether the accused caused or substantially contributed to it, and whether the circumstances permit an aggravated or capital sentence under this Treaty.

No Rule of the Court may increase an offence's maximum sentence, create a new capital offence, or convert a non-capital offence into a capital offence. Any change to substantive criminal law or capital eligibility shall require amendment of this Treaty under Article 43.

Unlawful initiation of armed conflict (aggression) shall be punishable by a custodial sentence proportionate to the gravity, character, scale, leadership responsibility, and harm caused. Unlawful initiation of armed conflict (aggression) shall be punishable by 10 to 30 years' imprisonment, or life imprisonment where the Court finds exceptionally grave leadership responsibility, scale, duration, civilian harm, or other aggravating circumstances. The offence is not capital-eligible under the present Treaty; capital eligibility may be established only by a later Treaty amendment that expressly adds the offence to the closed capital list in Article 16.23, subject to the amendment safeguards of Article 43.

Serious organised criminal activity shall be punishable by a custodial sentence proportionate to the accused’s role, the seriousness and number of underlying offences, duration, number of participants or victims, financial or material benefit, cross-border character, abuse of authority, and resulting harm. Serious organised criminal activity shall be punishable by 5 to 20 years' imprisonment, or life imprisonment for exceptionally grave cases involving major organised harm, multiple serious offences, large-scale victimisation, sustained transnational activity, or substantial criminal benefit. The offence is not capital-eligible standing alone.

For both offences, attempt and modes of liability shall be governed by the general provisions of this Article and Article 11. A sentence for the standalone organised-criminal-activity offence shall not prevent separate conviction and sentence for an underlying offence where every element of that offence is separately proved, subject to the rules against double punishment and the totality and proportionality principles.

The Court shall maintain an offence-specific sentencing schedule showing the offence, required elements, ordinary sentencing range, aggravating range, capital eligibility if any, and applicable appeal and review safeguards.

The sentencing process shall record the applicable time frame for each offence and stage of proceedings as follows: at conviction, each proven offence and separately proven victim shall be identified and a lawful sentence determined; immediately after any capital sentence, the automatic appellate review safeguards of Article 17 shall apply and execution shall not occur while any appeal, review, newly discovered evidence application, or other lawful remedy remains pending; qualifying serious investigations shall be subject to judicial case calling or review within three years as provided by this Treaty and the Rules, without making three years a prosecution limitation period; and where enforcement or restoration remains unresolved after final judgment, the Court may conduct a post-judgment review within the review architecture established by Article 17 and the Rules. Medical or secure-treatment sentences shall also be reviewed at the intervals ordered by the competent judicial authority. These time frames govern judicial accountability and sentencing administration and shall not create retroactive liability, extinguish a distinct later offence, or permit re-punishment for the same offence.

Unlawful resort to armed force, unlawful threat of force, and unlawful coercive continuation of armed conflict shall be punishable by a custodial sentence proportionate to the seriousness of the conduct, the accused’s leadership or control, duration, number of States or populations affected, coercive purpose, threats involving nuclear or other weapons of mass destruction, territorial seizure, economic or political coercion, displacement, civilian deaths, destruction, deprivation, or other aggravating circumstances. Unlawful resort to armed force, unlawful threat of force, and unlawful coercive continuation of armed conflict shall be punishable by 10 to 30 years' imprisonment, or life imprisonment for exceptionally grave cases. None is capital-eligible standing alone unless this Treaty is expressly amended to provide otherwise.

Where conduct constituting unlawful resort to armed force, unlawful threat of force, or unlawful coercive continuation of armed conflict also constitutes aggression, a war crime, a crime against humanity, murder, persecution, torture, hostage-taking, unlawful confinement, enforced disappearance, an offence against the administration of the Court, or another Treaty offence, the Court shall identify and prove each offence separately and shall sentence according to the applicable provisions, subject to lawful totality, merger, and double-punishment safeguards. The unlawfulness of the resort to force shall never be used to excuse conduct otherwise prohibited by the laws of armed conflict.

Where multiple offences arise from a connected, repeated, systematic, organised, prolonged, or intergenerational course of conduct, each proven offence shall remain separately identifiable in the judgment and case record. The Court may consider the connected course of conduct for gravity, aggravation, totality and lawful sentencing. Mass offending is not limited to offences committed at the same time or in a single event: separately proven grave offences may accumulate across years or generations, including repeated offences committed by one person against members of the same family or across successive generations, where the required individual responsibility and offence elements are proved. Victim numbers, pattern evidence, mass graves, repeated offending, duration, or generational consequences shall not replace proof of an individual offence, the required mental element, the accused person’s individual contribution, or the applicable mode of liability.

Mass, cumulative and systematic offending: the Founder proposals considered mass-casualty bands beginning at three separately proven victims or casualties and proposed bands of 3–5, 6–10, 11–25, 26–99 and 100+. The following binding aggravating sentencing bands apply: 3–5, 6–10, 11–25, 26–99 and 100+ separately proven victims or casualties. The bands are aggravating indicators only and do not create automatic capital punishment. Mass offending under this Treaty is an umbrella sentencing concept and is not restricted to murder, death, physical injury, a single incident, a single location, or conduct occurring at the same time. Subject to proof of each underlying offence, the Court may recognise cumulative mass offending involving repeated physical offending, sexual offending, exploitation, coercive or psychological offending, trafficking, enslavement, torture, family or intergenerational offending, or other grave offences committed through a repeated, prolonged, systematic or organised course of conduct. Such offending may include one offender repeatedly harming members of the same family across years or generations, or an organised structure producing cumulative grave harm over time. The Court shall record each proven victim and offence separately and may consider accumulated scale, duration, repetition, organisation, pattern and generational consequences when applying an otherwise lawful sentencing range. Victim numbers, pattern evidence, mass graves, duration or generational consequences shall not replace proof of an individual offence, the required mental element, the accused person’s individual contribution, or the applicable mode of liability. The bands shall be applied only after the underlying offences, victims or casualties and individual responsibility are separately proved.

For the avoidance of doubt, accumulated mass offending or mass harm under this Article does not by itself establish the separate offence of aggravated mass murder. Aggravated mass murder remains subject to the express elements of Article 11.38, including the required intentional killings and the common plan, policy, organised course of conduct, or closely connected series of acts. Where those elements are not proved, the Court may nevertheless recognise separately proven repeated, prolonged, systematic, organised, or intergenerational offences as cumulative grave offending and sentence them under the offences actually proved and the lawful totality principles of this Treaty.

The Court may impose concurrent, consecutive, or another structured totality arrangement where multiple offences are separately established, subject to proportionality and Treaty maximums. Where offences arise from distinct criminal acts or distinct victims, the Court may impose consecutive sentences where necessary to reflect separate criminal responsibility and harm. Where offences arise from the same act or are inseparably connected, concurrent sentences shall ordinarily apply.

The sentencing ranges are fixed by this Treaty: Level I normally 1–5 years; Level II normally 5–15 years; aggression 10–30 years or life in exceptionally grave cases; serious organised criminal activity 5–20 years or life in exceptionally grave cases. Level I–IV classifications are guidance categories only; the offence-specific Treaty range remains controlling.

Final Treaty rule — sentencing, restoration and capital safeguards: sentencing shall be individualised and proportionate to proven criminal responsibility, harm and aggravating or mitigating circumstances. Capital punishment is exceptional and discretionary and may be imposed only where expressly authorised by Article 16 and all safeguards are satisfied.

The Court shall identify every proven offence separately, identify each separately proven victim or casualty, determine individual responsibility and apply the lawful sentencing range applicable to the offence.

Genocide shall ordinarily be punishable by imprisonment of not less than twenty years and up to life imprisonment, subject to the capital safeguards expressly established by this Treaty.

Crimes against humanity shall ordinarily be punishable by imprisonment of not less than ten years and up to life imprisonment, subject to the capital safeguards expressly established by this Treaty.

War crimes shall ordinarily be punishable by imprisonment of not less than five years and up to thirty years, or life imprisonment where authorised and proportionate to the gravity of the proven conduct.

Murder shall ordinarily be punishable by imprisonment of not less than ten years and up to life imprisonment. Aggravated murder may receive life imprisonment.

Rape and other grave sexual violence shall ordinarily be punishable by imprisonment of not less than ten years and up to life imprisonment where the applicable offence and aggravating circumstances are proved.

Human trafficking and sex trafficking shall ordinarily be punishable by imprisonment of not less than seven years and up to thirty years, or life imprisonment for aggravated cases.

Abduction or kidnapping shall ordinarily be punishable by imprisonment of not less than five years and up to twenty-five years, or life imprisonment where the Treaty permits because of aggravating circumstances.

Torture and enforced disappearance shall ordinarily be punishable by imprisonment of not less than ten years and up to life imprisonment where the applicable aggravating circumstances are proved.

Forced labour, coercive recruitment and organised exploitation, where established as Treaty offences, shall ordinarily be punishable by imprisonment of not less than five years and up to twenty years, with life imprisonment available for exceptionally grave cases where authorised.

Offences against the administration of the Court shall ordinarily be punishable by imprisonment of up to fifteen years, fines, restitution, confiscation or another lawful penalty authorised by this Treaty.

Attempt shall ordinarily receive a sentence below that available for the completed offence unless this Treaty expressly provides otherwise. An attempt does not automatically become capital-eligible.

Aiding, abetting, ordering, soliciting, inducing, conspiracy, incitement, joint participation and other modes of liability shall receive proportionate sentences according to actual contribution, intent, knowledge, authority and resulting harm.

The Court shall distinguish direct perpetration, joint perpetration, leadership or command, organising, recruitment, financing, facilitation, aiding and other material contribution where legally proved.

Rank, title, office, seniority, political or military status, or organisational membership alone shall not establish criminal responsibility, command responsibility, aggravation or a higher sentence.

Command or superior responsibility shall be proportionate to the superior's proven knowledge, control, failure to prevent or repress the conduct and contribution to the resulting harm.

Multiple offences and victims shall be separately determined before the Court applies the lawful totality principles governing concurrent, consecutive or other structured sentences.

The death penalty remains discretionary and exceptional. No person under eighteen at the time of the offence may receive a death sentence.

A capital sentence shall remain subject to individualised sentencing, mandatory appeal and review safeguards, and no execution shall occur while a lawful appeal, review or other applicable remedy remains pending.

Where a State cannot lawfully carry out a death sentence, it shall not be required to violate its law. The enforcement consequences shall operate according to the safeguards already established by this Treaty.

Where the Court imposes life imprisonment, the judgment shall expressly identify whether the sentence is life imprisonment with judicial review, life imprisonment without ordinary release, or whole-life imprisonment. The Court shall give reasons for the selected form by reference to the proved offence, individual responsibility, gravity, harm, aggravating and mitigating circumstances, and the lawful sentencing framework.

Life imprisonment with judicial review does not guarantee release. Any release, reduction, commutation, or continuation of the sentence following review shall require a lawful judicial determination under this Treaty and shall not occur automatically merely because the review date has been reached.

Life imprisonment without ordinary release shall not permit ordinary parole or automatic release. Any exceptional judicial, humanitarian, medical, or commutation mechanism must be expressly authorised by this Treaty and applied through the competent lawful process.

Whole-life imprisonment shall mean imprisonment for the remainder of the convicted person’s natural life, subject only to exceptional judicial, humanitarian, medical, or commutation mechanisms expressly authorised by this Treaty. It shall not carry an ordinary parole or release entitlement.

Where mental incapacity is raised, the Court shall determine whether a qualifying impairment destroyed the accused person’s relevant capacity at the time of conduct. A qualifying finding of destroyed capacity shall exclude criminal responsibility to the extent established by the Court. Mental illness or disability alone shall not establish that finding.

Where the accused remained criminally responsible but a qualifying impairment substantially impaired relevant capacities at the time of conduct, the Court shall consider it where relevant to the mental element, culpability, mode of liability, and individualised sentence.

A condition arising or materially worsening after the conduct does not by itself erase an established conviction. Where it affects participation, understanding of the sentence, safe imprisonment, or lawful compliance, the Court may order appropriate treatment, secure medical custody, procedural accommodation, or another lawful measure.

Where there is a substantial question about present fitness, the Court may order an independent assessment and shall provide reasonable accommodation, communication support, interpretation, confidential access to counsel, and other measures necessary for meaningful participation.

Major judicial determinations concerning mental incapacity, diminished capacity, fitness, or continued secure medical custody shall be supported by appropriate independent medical or psychological evidence. Parties shall have a fair opportunity to challenge expert evidence and present independent expert evidence. Experts provide evidence; the Court determines the legal consequence.

The Court may order secure medical custody instead of ordinary imprisonment, or secure treatment during imprisonment, where lawful and proportionate.

Where the sentencing State cannot provide an appropriate secure medical facility, another State Party may, with its agreement and lawful authority, receive the person for secure medical custody. The Court may approve and supervise the transfer, while the receiving State is responsible for lawful day-to-day custody and medical care.

States Parties may agree arrangements for transfer, funding, medical care, supervision, security, counsel access, family contact, records, return, and review. No State Party shall be required to accept a person without its agreement and lawful authority.

Secure medical custody shall provide appropriate care, security, reasonable accommodation, access to counsel, confidential communication, complaint mechanisms, and periodic independent review.

Medical treatment shall, so far as legally and medically possible, respect informed consent, dignity, bodily integrity, and applicable medical and human-rights standards. Emergency measures necessary to prevent serious and imminent harm may be taken according to applicable law and subject to appropriate oversight.

Continued secure medical custody shall be subject to periodic judicial review. The review shall consider current condition, treatment, participation capacity, security needs, necessity and proportionality, available less restrictive arrangements, transfer, ordinary imprisonment, supervised placement, and release.

Protected young adult sentencing safeguard: where the convicted person was aged eighteen to twenty-three at the time of the offence, the Court shall expressly consider age, maturity, developmental vulnerability, culpability, rehabilitation prospects, and any proved coercion, threats, grooming, trafficking, exploitation, dependency, recruitment, manipulation, abuse of authority or trust, or other developmental circumstance. These matters shall be addressed in the sentencing reasons where materially relevant.

Capital sentencing of protected young adults: a person aged eighteen to twenty-three is not automatically exempt from a capital sentence where the offence is independently capital-eligible. Before imposing capital punishment, the Court shall expressly consider the protected young adult's age and maturity, individual culpability, rehabilitation prospects, all material mitigation, and any proved coercion, threats, grooming, trafficking, exploitation, dependency, recruitment, manipulation, abuse of authority or trust, mental or developmental circumstances. The Court shall expressly consider mercy, commutation, a non-capital sentence, or another lawful disposition and record the reasons for the decision.

Whole-life limitation for protected young adults: whole-life imprisonment shall not be imposed on a person aged eighteen to twenty-three merely because the offence is serious. Where whole-life imprisonment is imposed, the Court shall record why the offence is sufficiently grave and why a lesser lawful life sentence, including life imprisonment with judicial review where available, would be inadequate.

Mandatory developmental and rehabilitation assessment for protected young adults: where a protected young adult receives a custodial sentence, the Court shall order developmental, rehabilitation, and mental-health assessment at judicially prescribed intervals. The assessment shall consider rehabilitation and progress, maturity changes, mental or psychological condition, education, treatment, conduct, effects of coercion, threats, grooming, trafficking, exploitation or dependency, and readiness for lawful reintegration where a lawful review, release, reduction, or commutation mechanism exists. The assessment shall not itself create automatic release.

Minimum age of criminal responsibility: no person who was under fourteen years of age at the time of the conduct shall be held criminally responsible in a criminal proceeding under this Treaty. No exception shall apply because the alleged offence is serious, grave, violent, capital-eligible, or otherwise within the jurisdiction of the Court. Where a child below fourteen is alleged to have engaged 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. Where age cannot be established with sufficient proof, the person shall not be held criminally responsible on the basis of an unproved age above the minimum.

A judgment or sentence may remain fully valid as a judicial determination even where the convicted person is outside the territorial enforcement jurisdiction of the Court or is located in a State or political community that does not recognise the Court. Non-recognition or physical location shall not itself vacate, suspend, or reduce the judgment or sentence.

Where physical enforcement of a sentence is temporarily unavailable, the Court may maintain lawful warrants, orders, transfer requests, cooperation requests, asset-preservation measures, and other enforcement measures authorised by this Treaty until lawful enforcement becomes possible, subject to judicial review.

An exceptional humanitarian protection measure authorised under Article 46 is not itself a sentence and shall not be used to impose, increase, replace, or secretly enforce a criminal penalty outside the sentencing provisions of this Treaty.

Where a sentence of death has been lawfully carried out pursuant to this Treaty and the Rules of the Court, the Court shall retain the official audiovisual recording of the execution under its exclusive custody and security controls for a period of two years from the date on which the execution was carried out.

During the two-year retention period, the Court shall retain the right to use the execution recording for lawful educational, research, professional-development and staff-training purposes conducted by or on behalf of the Court, including use by the Court's 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 to an execution recording for those purposes shall be restricted to persons authorised by the Court and shall remain subject to the Court's requirements concerning security, confidentiality, victim and family protection, witness protection, personal information and other protected material. Such use shall not create a general public right of access to the recording.

The Court may restrict, edit, excerpt or otherwise control material used for an educational, research or training purpose where necessary to protect a victim, witness, family member, confidential information, investigative material, judicial proceeding or other protected interest.

The two-year retention period shall not prevent continued retention of an execution recording where a competent judicial authority has issued a lawful preservation order or where the recording is otherwise required by law to be preserved for an appeal, review, retrial, reopening of proceedings, enforcement proceeding, investigation, prosecution, protection proceeding or other lawful judicial purpose.

Where such a preservation requirement exists before expiry of the two-year retention period, deletion of the affected execution recording shall be suspended for the period required by the lawful order or other applicable legal requirement.

Where the two-year retention period has expired and no lawful preservation order or other legal requirement requires continued retention, the official execution recording shall be permanently deleted from the Court's operational audiovisual storage systems in accordance with the secure-deletion procedures established by the Rules of the Court.

The permanent deletion of an execution recording shall itself be recorded in the Court's permanent audit record. The audit record shall identify the case, the execution, the recording, the retention expiry date, the date and time of deletion, and the authority and authorised system or officer responsible for confirming the deletion.

The deletion of an execution recording under this Article shall not constitute, require or authorise the destruction of any other evidential material whose preservation is required under this Treaty or the Rules of the Court.

The carrying out of a death sentence shall not, by itself, terminate any lawful requirement to preserve graphic or other evidential material concerning the victim, offence, investigation, conviction, sentence or enforcement where that material remains necessary for an appeal, review, retrial, reopening of proceedings, enforcement, investigation, prosecution, protection or another lawful purpose.

The Court shall retain a permanent non-graphic textual record sufficient to establish the fact of execution, the case to which it relates, the legal authority under which it was carried out, the relevant dates, the identity and provenance of the official execution recording, the applicable chain of custody, and the lawful deletion of the recording.

The permanent textual record may be accessed by authorised persons at any time after deletion of the audiovisual recording for lawful judicial, administrative, educational, research, historical, accountability or institutional purposes. Retention of that textual record shall not constitute retention of the deleted audiovisual recording.

Nothing in this Article shall limit or extinguish any appeal, review, retrial, reopening, enforcement, investigation, protection or other lawful judicial procedure established by this Treaty. The retention and deletion provisions concerning the execution recording shall operate subject to those procedures.

The three-year accountability and enforcement mechanism established elsewhere in this Treaty shall operate independently of the two-year execution-record retention period. The three-year period shall not be interpreted as an authorisation for the destruction or continued retention of an execution recording or other evidential material.

ARTICLE 17

Appeals and Judicial Review

A person convicted by the Court shall have the right to appeal the judgment and sentence to an independent appellate chamber of the Court.

The Prosecutor shall also have the right to appeal a judgment or sentence where permitted by the Rules of the Court (see Rules 91–100).

An appeal may be based upon: a. an error of law; b. an error of fact; c. an error in the assessment or admission of evidence; d. a procedural error that materially affected the fairness of the proceedings; e. newly discovered evidence; f. a disproportionate or unlawful sentence; or g. any other substantial ground affecting the interests of justice.

An appeal shall be heard by judges who did not participate in the original judgment or sentence, except where the Rules of the Court expressly provide otherwise (see Rules 91–100) for administrative or procedural matters.

The appellate chamber may: a. confirm the judgment or sentence; b. overturn an acquittal where legally permitted and where the requirements of this Treaty are satisfied; c. overturn or amend a conviction; d. order a retrial; e. vary or replace a sentence; f. order further investigation or consideration of evidence; or g. make any other order necessary to achieve justice.

No person shall be punished for exercising their right of appeal.

Where a person has been sentenced to death, the sentence shall not be carried out while a properly lodged appeal or other lawful judicial review remains pending.

A death sentence shall receive automatic judicial review by an appellate chamber, whether or not the convicted person has independently lodged an appeal.

The Court shall ensure that a person subject to a death sentence has access to legal representation for the purpose of appeal and review.

Where a death sentence is upheld following appeal and judicial review, the Court shall ensure that the judgment records the reasons for confirming the sentence.

The Court may suspend enforcement of any sentence where necessary to permit an appeal, judicial review, consideration of newly discovered evidence, or determination of another matter that may materially affect the judgment.

A final judgment may be reviewed where substantial new evidence becomes available that could reasonably have affected the outcome of the original proceedings.

An application for review based upon newly discovered evidence shall be considered by judges who did not participate in the original determination where reasonably practicable.

No person shall be convicted or sentenced twice by the Court for the same conduct following a final judgment, except where a retrial or reopening of proceedings is expressly authorised by this Treaty because of fraud, corruption, fundamental procedural injustice, or newly discovered evidence of exceptional significance.

The rights of victims and witnesses shall be respected during appeals and judicial review, including appropriate protection measures established under Article 14.

The Court shall publish final appellate judgments and reasons, subject to lawful protections for victims, witnesses, confidential information, and other protected material.

The Rules of the Court shall establish detailed procedures governing appeals, judicial review, retrials, deadlines, legal representation, evidence on appeal, and enforcement during appellate proceedings.

Nothing in this Article shall prevent the Court from taking urgent protective or provisional measures necessary to protect victims, witnesses, evidence, or the public while an appeal or review is pending.

Where enforcement, restoration, asset recovery, protection, or another material consequence remains unresolved for three years after a final judgment, the Court shall place the matter before the competent judicial authority for an accountability case call concerning the outstanding consequences, unless the Treaty or a later lawful amendment provides otherwise. The case call shall not itself reopen or terminate the conviction or sentence.

A full formal post-judgment review is not mandatory in every case. Final judgments may be challenged only through the appeal, review, retrial, reopening, or other lawful procedures expressly provided by this Treaty. Death sentences remain subject to mandatory judicial review under Article 17.

Final Treaty rule — appeals and judicial review: appeal and review rights shall operate under Article 17. Death sentences receive mandatory judicial review and no execution may occur while an available appeal, review or other lawful remedy remains pending.

Capital sentences shall receive the mandatory appellate and review safeguards established by this Treaty before enforcement.

No execution shall occur while an applicable appeal, review, newly discovered evidence application or other lawful remedy remains pending.

Where enforcement, restoration, asset recovery or another material consequence remains unresolved after final judgment, the Court may use the post-judgment accountability review architecture established by this Treaty.

The three-year accountability architecture is a judicial review mechanism and shall not operate as a prosecution limitation period or a means of re-punishing a person for the same offence.

An appeal or judicial review shall be conducted independently of the geographic location of the accused, the State of custody, the State providing evidence, or the State in which the original hearing occurred.

In a capital case, mandatory judicial review shall examine the legality of the conviction and sentence, the fairness of the proceedings, material evidential issues, compliance with disclosure and defence rights, and all applicable capital-sentence safeguards. No execution may occur while any mandatory or otherwise available judicial review or lawful remedy remains pending.

ARTICLE 18

Court Enforcement Service

The Court shall establish a Court Enforcement Service responsible for carrying out lawful warrants, orders, judgments, sentences, and other enforcement measures issued by the Court.

Court Enforcement Officers shall be independent from political authorities and shall act only under the authority of the Court, this Treaty, applicable international law, and the Rules of the Court (see Rules 39 and 239).

The Court Enforcement Service may, where lawfully authorised: a. execute arrest warrants issued by the Court; b. take persons lawfully arrested into Court custody; c. transport or arrange the lawful transfer of persons between jurisdictions; d. execute search, seizure, preservation, freezing, confiscation, and property-recovery orders; e. enforce orders relating to proceeds of crime; f. assist with the lawful deportation, removal, or transfer of convicted persons; g. enforce orders for the protection of victims and witnesses; h. secure persons, evidence, property, and locations where authorised by the Court; and i. carry out other lawful enforcement functions assigned by the Court.

The Court Enforcement Service may include specially trained officers, investigators, transport personnel, forensic personnel, financial investigators, safeguarding personnel, technical specialists, and other personnel necessary to carry out its functions.

Court Enforcement Officers may carry appropriate equipment and, where authorised by the Court and permitted by applicable law, necessary protective equipment and lawful means of restraint.

Court Enforcement Officers shall use force only where necessary, proportionate, and lawful for the protection of life, the prevention of serious harm, the execution of a lawful Court order, or the safe custody and transfer of a person.

The use of lethal force shall be permitted only where strictly necessary to protect life or prevent an imminent threat of death or serious bodily harm, in accordance with applicable law and the Rules of the Court (see Rule 239, together with Rule 39).

The Court may request assistance from the competent authorities of a State Party where enforcement is required within that State.

A State Party shall, to the extent required by this Treaty and its applicable law, cooperate with the Court Enforcement Service in executing lawful Court warrants and orders.

Where a State Party is unable to conduct an enforcement measure directly, the State may, subject to its national law and applicable international obligations, authorise appropriately trained Court Enforcement Officers to assist or carry out the measure.

Court Enforcement Officers shall not exercise enforcement powers beyond the authority granted to them by the Court, this Treaty, or the applicable law of the jurisdiction in which the enforcement action takes place.

The Court may establish agreements with States Parties concerning the deployment, recognition, training, accreditation, equipment, jurisdiction, and operational authority of Court Enforcement Officers.

Court Enforcement Officers shall respect the dignity and fundamental rights of every person and shall act without discrimination based on nationality, religion, ethnicity, sex, political opinion, social position, or other status.

A person arrested pursuant to a Court warrant shall be informed, as soon as reasonably practicable, of the basis for the arrest and of their rights under this Treaty.

The Court Enforcement Service shall maintain records of arrests, transfers, searches, seizures, confiscations, use of force, and other significant enforcement actions.

The Court shall establish independent procedures for investigating allegations of misconduct, excessive force, corruption, abuse of authority, or other unlawful conduct by Court Enforcement Officers.

No Court Enforcement Officer shall be above the law. Officers who abuse their authority, deliberately violate this Treaty, unlawfully use force, interfere with evidence, or otherwise commit an offence may be investigated and prosecuted in accordance with this Treaty.

The Court may establish specialist enforcement units for international arrest operations, financial crime and asset recovery, prisoner transfer, witness protection, cybercrime, trafficking investigations, and other areas requiring specialist expertise.

Nothing in this Article shall prevent the Court from requesting national law-enforcement authorities, international organisations, or other competent bodies to execute or assist with Court warrants and orders where such cooperation is necessary or appropriate.

The Court Enforcement Service shall operate transparently and remain accountable to the Court, while maintaining operational independence from individual States and political authorities.

Final Treaty rule — enforcement, State cooperation and cross-border protection: enforcement shall respect State domestic-law limits, the lawful cooperation architecture of Articles 19, 31, 35 and 36, and the protections established by this Treaty.

The Court Enforcement Service shall carry out warrants, orders, arrests, transfers, property recovery, confiscation and other lawful enforcement functions under the authority of the Treaty and Court Rules.

Court enforcement officers and other authorised personnel may require lawful protection when carrying out Court functions, including investigations, arrests, transfers, evidence recovery and victim or witness protection.

State cooperation shall include lawful assistance with warrants, surrender, transfer of sentenced persons, asset recovery, evidence, witness protection and other Court functions authorised by this Treaty.

Where lawful cooperation is refused or unavailable, the Court shall use the procedures and safeguards established by this Treaty and applicable international law.

ARTICLE 19

International Cooperation

States Parties shall cooperate fully with the Court in the investigation, prosecution, trial, sentencing, and enforcement of matters falling within the jurisdiction of the Court.

Cooperation shall include, where lawfully required: a. the identification and location of persons subject to Court warrants or sentences; b. the arrest, detention, and lawful holding of persons subject to Court warrants for investigation, trial, appeal, or enforcement of a Court sentence; c. the surrender or transfer of persons to the custody of the Court where required; d. the collection, preservation, authentication, and transmission of evidence; e. the taking and transmission of witness testimony; f. searches, seizures, freezing, confiscation, and recovery of property and proceeds of crime; g. the protection and relocation of victims and witnesses; h. the enforcement of Court-imposed imprisonment, fines, confiscation orders, restitution orders, deportation or removal orders, and other lawful sentences within the territory of the State Party; i. the enforcement of a Court-imposed death sentence where the State Party lawfully permits capital punishment and agrees to enforce the sentence; j. prisoner transfers and arrangements for enforcement of sentences; k. the lawful deportation, removal, or transfer of persons where ordered by the Court; l. assistance with forensic examinations and investigations; and m. any other lawful form of assistance requested by the Court.

A State Party may, in accordance with its national law and this Treaty, detain and hold a person within its territory pursuant to a valid Court warrant or final judgment, including for the purpose of bringing that person before the Court or enforcing a Court sentence.

A State Party may enforce a Court sentence within its own territory where the State is legally authorised and willing to do so.

Where the sentence imposed by the Court is imprisonment, a State Party may hold the convicted person in a lawful prison or other authorised custodial facility for the period ordered by the Court.

Where the sentence includes a fine, confiscation, forfeiture, restitution, or recovery of proceeds of crime, the State Party shall, where lawfully possible, assist in enforcing and recovering the amounts or property ordered by the Court.

Where the Court has imposed a death sentence, a State Party whose law permits capital punishment may, where lawfully authorised, detain and enforce that sentence in accordance with the judgment of the Court, this Treaty, and the State's applicable law.

A State Party whose law does not permit capital punishment may refuse to carry out or permit transfer for the purpose of carrying out a death sentence. That refusal shall not invalidate, cancel, or permanently extinguish the death sentence imposed by the Court.

Where a State Party cannot or will not enforce a particular Court sentence, the State shall, where lawfully possible, cooperate with the Court in identifying another State Party or jurisdiction capable of enforcing the sentence.

The Court may enter agreements or arrangements with States Parties establishing procedures for cooperation, including procedures for urgent requests and electronic transmission of information.

States Parties shall designate competent national authorities responsible for receiving and responding to requests for cooperation from the Court.

Requests for cooperation may be transmitted through secure electronic systems or other reliable means established by the Court.

Where urgent action is necessary to prevent the destruction of evidence, protect a person from serious harm, prevent the escape of a suspect, or prevent the continuation of serious criminal conduct, the Court may issue an urgent request for cooperation.

States Parties shall, to the extent lawfully possible, give urgent requests priority.

A State Party shall not refuse cooperation solely because the conduct alleged against a person is considered political, involves a person holding public office, or concerns a person of high social, economic, military, religious, or political status.

No Head of State, Head of Government, monarch, minister, elected representative, military commander, public official, religious leader, or other person holding public authority shall receive special treatment that prevents lawful cooperation with the Court.

Where a State Party believes that a request for cooperation conflicts with an important requirement of its national law, the State shall promptly communicate the reasons to the Court and seek to resolve the matter through consultation.

A State Party shall not deliberately obstruct, delay, conceal, or frustrate a lawful investigation, prosecution, arrest, detention, transfer, trial, or enforcement action of the Court.

Where a State Party fails to cooperate without lawful justification, the Court may refer the matter to the Assembly of States Parties and may take other measures authorised by this Treaty and the Rules of the Court (see Rules 171–180).

The Court may cooperate with non-State authorities, international organisations, humanitarian organisations, human-rights organisations, law-enforcement organisations, forensic institutions, civil-society organisations, and other competent bodies where such cooperation assists the administration of justice.

Cooperation with an organisation or body shall not compromise the independence or impartiality of the Court.

The Court may receive information, evidence, intelligence, reports, expert assessments, and other material from organisations and bodies that the Court considers reliable.

The Court may establish agreements for the secure exchange of information and evidence with cooperating States and organisations.

Confidential information provided to the Court in confidence shall be protected in accordance with the Treaty and the Rules of the Court (see Rules 48 and 201–207), unless disclosure is lawfully authorised or required for the fair determination of proceedings.

States Parties shall cooperate in preventing persons subject to Court warrants or final sentences from deliberately evading justice by transferring assets, changing identity, concealing their location, or moving between jurisdictions.

States Parties shall, to the extent lawfully possible, assist the Court in tracing and recovering proceeds of crime and property connected to offences within the jurisdiction of the Court.

The Court may cooperate with States that are not Parties to this Treaty where those States voluntarily agree to cooperate or where cooperation is otherwise permitted by a lawful international agreement.

A State that is not a Party to this Treaty may voluntarily accept the jurisdiction of the Court for a particular matter or category of conduct in accordance with procedures established by the Court.

Nothing in this Article shall require a State to act in violation of its fundamental constitutional or legal obligations. Where such an obligation prevents a requested measure, the State shall communicate the reason to the Court and, where possible, propose an alternative form of cooperation.

International cooperation under this Article shall be conducted in good faith and in a manner consistent with the independence of the Court, the rights of accused persons, and the protection of victims and witnesses.

The Court shall maintain appropriate records of requests for cooperation and their outcomes and may publish information concerning cooperation where doing so is consistent with judicial integrity, confidentiality requirements, and the safety of persons involved.

The Rules of the Court shall establish detailed procedures governing requests for cooperation, urgent requests, arrest and detention, surrender and transfer, evidence, information sharing, asset recovery, prisoner transfer, sentence enforcement, and other forms of international assistance.

Cooperation concerning evidence is legally distinct from cooperation concerning the arrest, surrender, transfer, detention, or enforcement of a person. A State, Court Party, other State, organisation, institution, victim, witness, or other lawful source may provide evidence or information to the independent Court or Office of the Prosecutor without thereby consenting to the transfer or enforcement of any particular sentence, except where a separate lawful obligation expressly applies to that provider.

Evidence and information supplied under this Treaty shall be transmitted through secure judicial, prosecutorial, diplomatic, law-enforcement, electronic, or other channels established or recognised by the Court.

A State, Court Party, organisation, institution, victim, witness, or other lawful source shall not be treated as having directed or participated in the outcome of a case merely because it supplied information or evidence. The Court alone determines whether proceedings are commenced, what charges are brought, what findings are made, and what sentence is imposed, subject to this Treaty.

Where a provider of evidence or other material cannot lawfully provide it in the requested form, the Court and provider shall, where reasonably possible, consider whether the material can lawfully be provided in another form or subject to appropriate safeguards.

Cooperation concerning a death sentence is separate from evidential cooperation. A State Party that cannot lawfully impose, enforce, facilitate, or participate in a death sentence shall not be required to do so. Its provision of evidence to the Court or Prosecutor does not by itself create such an obligation.

A State, Court Party, organisation, institution, victim, witness, or other lawful source may provide evidence to the independent Office of the Prosecutor for the purpose of establishing facts and identifying possible offences even where the provider cannot lawfully provide the same material directly to a foreign national prosecution authority seeking a particular penalty. This provision does not override mandatory law applicable to the provider; it establishes the independent international channel through which the Court receives and assesses material.

Where evidence is received under a confidentiality or limited-use condition, the Court shall protect the condition in accordance with this Treaty, subject to the accused's fair-trial rights and any lawful judicial determination concerning disclosure or use.

The Treaty establishes one Court and one judicial determination. Differences between States concerning capital punishment shall be addressed through distinct lawful enforcement modalities and shall not create separate standards of guilt, proof, fair trial, appeal, or judicial independence.

A State Party that retains capital punishment may lawfully enforce a Court death sentence only where its domestic law and this Treaty permit such enforcement and all Court safeguards have been satisfied. A State Party that has abolished capital punishment shall not be required to impose or carry out a death sentence contrary to its mandatory law or applicable international obligations.

Where an abolitionist State holds a person subject to a Court death sentence, the Court's judicial determination remains the Court's judgment, but enforcement in that State shall use the lawful non-capital custodial alternative established by Article 16. This enforcement difference shall not reopen or alter the Court's determination of guilt or the judicial record unless an appeal or review changes the judgment.

No State Party may require the Court to alter a lawful finding of guilt, erase a lawful sentence, suppress relevant evidence, or direct the Prosecutor as a condition of ordinary Treaty cooperation. Conversely, no State Party shall be required to perform an act that this Treaty expressly reserves to a State's lawful domestic authority or that would violate a mandatory domestic or applicable international obligation.

Cooperation shall be assessed by category. Evidence cooperation, person cooperation, and sentence enforcement are separate legal functions. A State's participation in one category shall not automatically constitute consent to another category.

Refusal or limitation of a particular cooperation measure shall be lawful only on a ground expressly recognised by this Treaty, applicable domestic law, or applicable international law, and the State shall give reasons and, where reasonably possible, propose a lawful alternative. A State shall not use a refusal in one cooperation category as a basis for refusing unrelated lawful cooperation.

Nothing in this Article permits a State Party to use geographic distance, time-zone differences, remote proceedings, language, or the location of Court personnel as a pretext to deny the accused, victims, witnesses, defence, or prosecution an effective and fair proceeding. The Court shall provide proportionate technical and procedural solutions.

ARTICLE 20

Financing and Budget

The Court shall be financially independent from governments and shall not rely upon mandatory financial contributions from States Parties for its ordinary operation.

The Court shall be established and operated on a low-cost basis, particularly during its initial years, using remote hearings, digital administration, secure online systems, voluntary professional services, and other cost-effective methods wherever appropriate.

The primary funding of the Court shall be derived from voluntary contributions from members of the public, supporters, charitable organisations, foundations, businesses, organisations, and other lawful private sources.

Donations and contributions shall be accepted only where they do not create an obligation, condition, influence, or expectation capable of compromising the independence, impartiality, or integrity of the Court.

No donor, organisation, government official, political organisation, business, State, or other person shall be permitted to purchase, obtain, or influence a judicial decision, investigation, prosecution, appointment, sentence, or other decision of the Court through financial support.

The Court shall not accept funding that is conditional upon the Court: a. opening or closing a particular investigation; b. prosecuting or not prosecuting a particular person; c. reaching a particular verdict or sentence; d. changing its policies or Rules; e. appointing or removing a particular judge or official; or f. taking any other action inconsistent with judicial independence.

The identity and amount of significant donors shall be recorded and disclosed in accordance with the financial transparency rules of the Court (see Rule 236), subject to lawful protections for personal safety and privacy.

Anonymous donations may be accepted where the Court's financial rules permit, provided that appropriate safeguards are maintained against money laundering, proceeds of crime, unlawful influence, or disguised political funding.

The Court shall establish safeguards against the use of donations, sponsorship, gifts, grants, or other financial benefits as a means of coercion, bribery, retaliation, political influence, or interference with the administration of justice.

No government, State, political organisation, public official, monarch, military authority, corporation, religious organisation, or other external body shall have authority to withdraw, suspend, redirect, or control the Court's funding in order to influence a judicial, investigative, prosecutorial, or enforcement decision.

The Court may receive voluntary financial or material assistance from States Parties where such assistance does not create financial dependence or permit governmental influence over the Court.

The Court may receive voluntary donations of lawful goods and services, including legal services, technological services, accommodation, equipment, communications facilities, professional expertise, translation, transportation, and other resources necessary for its operation.

All donated goods and services shall be subject to appropriate transparency and conflict-of-interest safeguards.

The Court shall maintain an independent financial administration responsible for budgeting, accounting, auditing, financial records, and publication of appropriate financial reports.

The Court's financial records shall be subject to independent audit in accordance with procedures established by the Assembly of States Parties and Rules 236–237..

The annual budget of the Court shall prioritise essential judicial and investigative functions and shall seek to minimise unnecessary administrative, accommodation, travel, staffing, and operational expenditure.

The Court may use remote hearings and video-link proceedings as a principal means of conducting proceedings where appropriate, thereby reducing travel, accommodation, security, and infrastructure costs.

The Court may establish voluntary membership or supporter schemes through which members of the public may contribute financially to the continued operation of the Court. Such contributions shall not provide members or donors with any special rights, influence, access to judges, prosecutors, investigators, or confidential information.

The Court may establish lawful income-generating activities connected to education, publications, training, research, conferences, media, or other activities consistent with its purpose, provided that such activities do not compromise its independence.

No person shall be permitted to use financial contributions to obtain immunity from investigation, prosecution, arrest, trial, sentencing, enforcement, confiscation, or any other lawful action of the Court.

The financial independence of the Court shall be regarded as an essential safeguard of its independence from political, governmental, commercial, religious, or other external influence.

The Rules of the Court shall establish detailed procedures concerning donations, financial disclosure, auditing, conflicts of interest, financial safeguards, budgeting, expenditure, and the prevention of bribery, corruption, money laundering, and financial coercion.

The Court may operate official websites, social-media accounts, livestreaming channels, video platforms, educational channels, podcasts, publications, and other lawful media activities for the purposes of public information, education, transparency, public participation, and generating voluntary income for the Court.

The Court may receive lawful income generated through such media activities, including advertising revenue, platform revenue-sharing, subscriptions, memberships, sponsorships, donations, licensing, and other lawful sources of media income.

Revenue generated through media activities shall be treated as Court income and shall be used solely to support the lawful purposes and independent operation of the Court.

No advertiser, sponsor, media platform, content creator, subscriber, donor, or other person shall obtain influence over judicial decisions, investigations, prosecutions, verdicts, sentencing, appointments, or enforcement decisions as a result of financial support or media activity.

The Court may publish and broadcast its public proceedings, judgments, educational material, investigations where legally appropriate, and other activities in order to increase public access to justice and permit the public to support the Court voluntarily.

Media income shall be recorded and subject to the financial transparency, auditing, and independence safeguards established by this Article.

ARTICLE 21

Transparency and Public Access

The Court shall operate with the highest practicable level of transparency and public access consistent with the administration of justice, the protection of victims and witnesses, and the rights of all parties.

Court proceedings shall, as a general principle, be public.

The Court shall make its public hearings available through live broadcast or other publicly accessible media wherever technically and legally practicable.

The Court may conduct proceedings by secure video link where the Court determines that remote proceedings are appropriate, including where: a. there is a risk to the life or safety of a participant; b. attendance in person would create an unreasonable security risk; c. the participant is unable to travel; d. remote proceedings would significantly reduce unnecessary costs; e. the Court is operating during an emergency or exceptional circumstance; or f. the Court otherwise considers remote proceedings appropriate in the interests of justice.

A person appearing by video link shall, where reasonably practicable, have the same procedural rights and ability to participate as a person appearing physically before the Court.

The Court may permit a person to participate from a secure location, including a Court facility, police station, secure government facility, prison, other authorised facility, or private residence where appropriate safeguards are in place.

Where a person participates from a private residence, the Court may require appropriate security arrangements, including the presence of authorised law-enforcement or Court personnel where the Court considers this necessary.

The Court may restrict or temporarily suspend public access to all or part of a hearing only where necessary to: a. protect the life or safety of a person; b. protect a child or vulnerable victim or witness; c. protect a person from serious intimidation, retaliation, or harassment; d. protect highly sensitive personal, medical, financial, or security information; e. preserve the integrity of an ongoing investigation; f. prevent the disclosure of evidence that could seriously prejudice a fair trial; or g. address another exceptional circumstance expressly authorised by the Court.

Any restriction on public access shall be no broader or longer than reasonably necessary, and the Court shall give reasons for the restriction where appropriate.

The Court shall publish final judgments and significant judicial decisions, together with the reasons for those decisions, subject to lawful protections for victims, witnesses, children, confidential information, and other protected material.

The Court shall maintain a publicly accessible record of its proceedings, judgments, sentences, Rules, official decisions, annual reports, financial reports, and other information that the Court determines should be available to the public.

The Court may publish transcripts, recordings, evidence summaries, judicial documents, statistical information, and other material relating to public proceedings where publication is consistent with this Treaty.

The Court may establish official websites, social-media accounts, livestreaming channels, video platforms, podcasts, publications, and other communication channels to make its work accessible to the public.

Public broadcasting and media coverage shall not permit any person to interfere with proceedings, intimidate participants, manipulate evidence, obstruct justice, or otherwise undermine the integrity of the Court.

The Court may establish reasonable rules governing filming, recording, broadcasting, photography, commentary, and media access within Court proceedings.

The Court shall seek to make its proceedings accessible to people regardless of geographical location, disability, language, financial circumstances, or technological limitations, where reasonably practicable.

The Court may provide interpretation, translation, captions, transcripts, and other accessibility measures for public proceedings.

The Court shall seek to make important public information available in the official languages adopted under this Treaty and in other languages where resources permit.

Public access to proceedings shall not remove the right of an accused person to a fair and impartial trial.

The Court shall not permit public opinion, media attention, popularity, political pressure, financial influence, or online campaigning to determine the outcome of a case.

Nothing in this Article shall prevent the Court from conducting necessary private judicial discussions, deliberations, confidential hearings, or protected proceedings where required by this Treaty.

The Court shall publish appropriate explanations where a proceeding or part of a proceeding is not publicly accessible, unless doing so would itself create a significant risk to safety, justice, or protected information.

The Rules of the Court shall establish detailed procedures for public access, live broadcasting, remote participation, media accreditation, publication of records, protection of confidential information, and the responsible use of Court media.

ARTICLE 22

Independence and Protection from Political Interference

The Court shall be independent and shall exercise its judicial, investigative, prosecutorial, administrative, financial, and enforcement functions without political interference.

No State, government, monarch, president, minister, political party, military authority, public official, international organisation, private organisation, donor, business, religious authority, media organisation, or other person or body shall unlawfully interfere with the work of the Court.

No person shall be exempt from the jurisdiction of the Court solely because of their official, political, military, royal, religious, economic, social, or other status.

The holding or former holding of public office shall not prevent investigation, arrest, prosecution, trial, conviction, sentencing, or enforcement of a lawful judgment of the Court.

This Article applies equally to Heads of State, Heads of Government, monarchs, members of royal families, ministers, legislators, judges, military commanders, police officials, diplomats, religious leaders, corporate executives, and other persons exercising public or significant private authority.

No person shall use their office, position, wealth, influence, political authority, military authority, religious authority, or control of public institutions to obstruct, intimidate, threaten, bribe, corrupt, delay, or otherwise interfere with the Court.

Any attempt to improperly influence a judge, prosecutor, investigator, Court Enforcement Officer, witness, victim, member of Court staff, or other participant in proceedings shall constitute a serious matter subject to investigation and appropriate legal action.

Judges shall decide cases independently and shall not receive instructions concerning the outcome of a case from any external person or organisation.

Prosecutors and investigators shall exercise their functions independently and shall not be directed to open, close, alter, delay, or abandon a case for political, financial, religious, personal, or other improper reasons.

Court Enforcement Officers shall act independently in carrying out lawful Court orders and shall not accept instructions from political authorities concerning whether or how a lawful Court order should be executed, except where this Treaty or applicable law expressly requires cooperation with national authorities.

No State, organisation, donor, media organisation, or other person shall be permitted to condition financial, technological, logistical, political, or other support upon a particular judicial or investigative outcome.

No person shall be threatened with financial withdrawal, dismissal, removal, retaliation, violence, sanctions, intimidation, or other punishment for lawfully performing their duties on behalf of the Court.

Judges, prosecutors, investigators, Court Enforcement Officers, and other authorised Court personnel shall have appropriate protections necessary to perform their functions independently and safely.

The Court may establish security measures for judges, prosecutors, investigators, victims, witnesses, Court personnel, and their immediate families where credible threats arise from their work for the Court.

The Court shall establish procedures for reporting and investigating allegations of political interference, corruption, bribery, intimidation, coercion, or obstruction involving any person connected with the Court.

Where credible evidence indicates an attempt by a State, government, organisation, or individual to interfere improperly with the Court, the Court may publicly identify and report the interference and may refer the matter to the appropriate authorities or bodies.

The Court shall not alter its judicial decisions solely because a State, organisation, political authority, donor, media organisation, or other person threatens to withdraw cooperation, funding, recognition, or other support.

No amendment, administrative decision, financial decision, or other action shall be used for the purpose of unlawfully controlling or weakening the judicial independence of the Court.

The Court shall maintain a clear separation between its judicial functions and its financial, administrative, prosecutorial, investigative, enforcement, and media functions.

Nothing in this Article shall prevent legitimate public criticism, peaceful protest, academic discussion, journalism, political debate, or other lawful expression concerning the Court.

The independence of the Court shall be regarded as a fundamental and permanent principle of this Treaty.

The Rules of the Court shall establish additional safeguards against political interference, corruption, conflicts of interest, coercion, intimidation, bribery, and improper influence.

Final Treaty rule — governance, judicial independence and accountability: judges, prosecutors and Court personnel shall act independently, impartially and subject to the accountability and complaint mechanisms established by this Treaty.

The independence of judges, prosecutors, enforcement officers and other Court personnel shall be protected from political interference, intimidation, bribery, coercion and improper influence.

No political, military, governmental, organisational or personal status shall override the independence of the judicial function.

Complaints, conflicts of interest, misconduct and accountability processes shall operate independently and transparently while protecting legitimate judicial independence.

ARTICLE 23

Accountability and Complaints

All judges, prosecutors, investigators, Court Enforcement Officers, officials, employees, contractors, and other persons acting on behalf of the Court shall be accountable for their conduct and shall remain subject to this Treaty and applicable law.

The Court shall establish an independent Complaints and Accountability Office responsible for receiving, recording, assessing, and investigating complaints concerning misconduct, corruption, abuse of authority, conflicts of interest, discrimination, intimidation, bribery, unlawful interference, or other serious wrongdoing connected with the Court.

Any person may submit a complaint concerning the conduct of a person acting on behalf of the Court, including victims, witnesses, accused persons, members of the public, States Parties, organisations, and Court personnel.

Complaints may be submitted through secure written, electronic, video, or other accessible methods established by the Court.

A person shall not be punished, threatened, intimidated, disadvantaged, or otherwise retaliated against for making a complaint in good faith.

The Complaints and Accountability Office shall assess complaints independently and shall have authority to recommend or initiate appropriate investigations in accordance with the Rules of the Court (see Rule 234).

Where a complaint concerns a judge, prosecutor, senior Court official, investigator, or Court Enforcement Officer, the person complained of shall not control or participate in the investigation of that complaint.

A person subject to a complaint shall be presumed innocent of misconduct unless and until the matter is established through a fair and impartial process.

Where an investigation identifies credible evidence of criminal conduct, corruption, serious misconduct, or abuse of authority, the matter may be referred for prosecution or other lawful disciplinary action.

The Court may impose appropriate disciplinary measures for proven misconduct, including: a. formal warning; b. mandatory training; c. suspension; d. removal from a particular function; e. dismissal; f. loss of Court privileges or authority; g. referral for criminal prosecution; or h. any other lawful measure permitted by this Treaty and the Rules of the Court (see Rule 234) established by the Rules of the Court.

Disciplinary action shall be proportionate to the seriousness of the misconduct and shall take account of the circumstances of the case.

No person shall be removed from judicial, prosecutorial, investigative, enforcement, or other protected Court functions solely because they made an unpopular decision, criticised a government, organisation, donor, or Court authority, or lawfully exercised their independent professional judgment.

Where a complaint concerns a judicial decision rather than misconduct, the matter shall normally be addressed through the appeal and judicial review procedures established under Article 17.

The Complaints and Accountability Office shall maintain appropriate records of complaints and their outcomes.

The Court shall publish appropriate statistical and general information concerning complaints and disciplinary proceedings while protecting confidential information, victims, witnesses, complainants, and persons who have not been found responsible for misconduct.

The Court shall establish safeguards to prevent malicious, knowingly false, or deliberately fabricated complaints from being used to intimidate or improperly interfere with Court personnel.

A complaint shall not be rejected solely because the complainant is not a State Party, is unable to attend the Court in person, lacks financial resources, or wishes to remain confidential where confidentiality can reasonably be maintained.

Where appropriate, the Court may provide additional protection to complainants, whistleblowers, victims, and witnesses who face retaliation because of a complaint or investigation.

The Assembly of States Parties shall have no authority to interfere with an individual judicial decision or prosecution through the complaints process.

The Complaints and Accountability Office shall operate independently of individual judges, prosecutors, investigators, enforcement officers, donors, political authorities, and other persons whose conduct it may be required to investigate.

The Court shall establish transparent procedures for appointment, independence, oversight, and removal of personnel responsible for complaints and accountability.

Nothing in this Article shall prevent a person from reporting suspected criminal conduct to a competent national or international authority where such reporting is lawful and appropriate.

The Rules of the Court shall establish detailed procedures governing complaints, investigations, confidentiality, whistleblower protection, disciplinary proceedings, appeals against disciplinary decisions, and publication of accountability information.

ARTICLE 24

Conflicts of Interest and Judicial Impartiality

Judges, prosecutors, investigators, Court Enforcement Officers, and other Court personnel shall perform their functions independently, impartially, and without improper personal, political, financial, religious, or other influence.

A person shall not be considered conflicted solely because they know, have previously worked with, are related to, are friends with, or have another personal relationship with a person involved in a case.

A conflict of interest shall arise where the circumstances of a case create a genuine and substantial reason to believe that a person acting for the Court may be unable to perform their duties impartially or independently.

Circumstances that may require consideration of recusal include: a. a direct financial interest in the outcome of the case; b. a direct personal interest in the outcome; c. a close personal relationship that creates a substantial risk of partiality; d. previous direct involvement in the same matter in a conflicting professional or official capacity; e. having previously acted as legal representative for a party in the same matter; f. receiving a significant benefit or threat connected to the case; g. publicly expressing a predetermined position concerning the guilt or innocence of an accused person before the conclusion of proceedings; or h. any other circumstance that creates a genuine and substantial concern regarding impartiality.

A judge or other Court official who believes that a conflict may exist shall disclose the relevant circumstances in accordance with the Rules of the Court (see Rule 235).

A party to proceedings may request the recusal of a judge or other person acting on behalf of the Court where the party has reasonable grounds to believe that a genuine conflict of interest exists.

A request for recusal shall be determined independently and shall not be decided solely by the person whose impartiality has been challenged.

The fact that a judge knows, has worked with, is related to, or is personally acquainted with a party, witness, victim, accused person, prosecutor, investigator, or other participant shall not by itself establish bias.

The Court shall distinguish between genuine conflicts of interest and ordinary professional, social, family, community, or personal relationships that do not affect a person's ability to act impartially.

A person shall not be removed from a case merely because of public pressure, political demands, media campaigns, online campaigns, personal accusations, or allegations unsupported by reasonable evidence.

Where a conflict of interest is established, the Court may require the person concerned to recuse themselves from the affected matter or may take another appropriate measure to preserve the integrity of the proceedings.

Where a conflict is disputed, the Court shall consider the evidence and circumstances objectively and shall provide reasons for its decision.

Judges shall not communicate privately with parties, witnesses, prosecutors, investigators, or other persons concerning the substance of a pending case except through lawful procedures authorised by the Court.

Judges and other Court personnel shall disclose significant financial interests, gifts, benefits, employment relationships, or other circumstances that could reasonably create a conflict of interest in accordance with the Rules of the Court (see Rule 235).

No person shall be considered conflicted merely because they hold a particular religious belief, political opinion, philosophical position, nationality, cultural background, or personal viewpoint, provided that they remain capable of applying the law impartially.

The Court shall establish procedures for managing conflicts involving judges serving on multi-judge chambers, including the three-judge chambers established for high-profile or exceptionally serious cases where applicable.

Any deliberate concealment of a genuine and substantial conflict of interest may constitute misconduct and may be investigated under Article 23.

The Rules of the Court shall establish detailed procedures concerning disclosure, recusal, challenges to impartiality, conflicts of interest, financial interests, gifts, communications, and the resolution of disputed conflicts.

ARTICLE 25

Protection of Victims, Witnesses and Participants

The Court shall take reasonable and proportionate measures to protect victims, witnesses, accused persons, judges, prosecutors, investigators, Court Enforcement Officers, Court staff, and other participants from intimidation, retaliation, harassment, threats, violence, or other harm arising from their participation in proceedings.

Protection measures may be applied before, during, and after proceedings where the Court considers them necessary.

The Court may establish or arrange: a. secure locations for witnesses and victims; b. protected communication channels; c. security escorts; d. relocation or temporary accommodation; e. identity protection or restricted disclosure of identifying information; f. remote or video-link testimony; g. protective measures for children and vulnerable persons; h. measures preventing direct contact between a witness and an accused person where necessary; i. psychological, social, legal, or other appropriate support; and j. any other lawful measure reasonably necessary for safety and participation.

The Court may permit a victim or witness to give evidence by secure video link where physical attendance would create a significant risk to their safety, wellbeing, or ability to give evidence.

The Court may permit a victim or witness to give evidence from a secure police facility, Court facility, other authorised location, or private residence where appropriate safeguards are in place.

Where a child or vulnerable person is involved, the Court shall take additional measures appropriate to their age, circumstances, safety, and wellbeing.

A person's participation in a public proceeding shall not automatically require the public disclosure of their private address, contact information, medical information, financial information, or other sensitive personal information.

The Court may restrict publication or broadcasting of identifying information where disclosure could create a substantial risk of harm to a victim, witness, child, vulnerable person, or other protected participant.

Any restriction on public access or broadcasting shall be limited to what is reasonably necessary to protect the person concerned and shall not be used to conceal wrongdoing or prevent legitimate public scrutiny of the Court.

Where appropriate, the Court may allow a witness to give evidence using measures that protect their identity from the general public while permitting the accused and their legal representatives to exercise their rights to challenge the evidence, subject to lawful protective procedures.

Victims shall have the right, where appropriate, to present their views and concerns to the Court concerning matters that directly affect their interests.

Victims and witnesses shall not be required to pay fees solely for the purpose of giving evidence or participating in proceedings.

The Court shall establish procedures for reporting threats, intimidation, retaliation, harassment, or interference with victims and witnesses.

Threatening, bribing, intimidating, harassing, injuring, abducting, or otherwise interfering with a victim or witness because of their participation in proceedings may constitute a separate offence or serious misconduct under this Treaty.

The Court may issue protective orders against persons suspected of threatening or interfering with victims, witnesses, or other participants.

Court Enforcement Officers and cooperating State authorities may be requested to assist in implementing lawful protection orders.

The Court shall seek, where reasonably possible, to ensure that victims and witnesses are treated with dignity, respect, and sensitivity throughout proceedings.

Protection measures shall not be used to prevent legitimate questioning or testing of evidence necessary for a fair trial.

The Court shall balance the protection of participants with the rights of the accused, the principle of open justice, and the public's legitimate interest in the proceedings.

Protection measures may continue after a trial, appeal, or other proceeding where the Court determines that a continuing risk exists.

The Court may establish agreements with States Parties, international organisations, humanitarian organisations, or other competent bodies concerning witness protection, relocation, medical or social support, and other protective services.

The Court shall establish procedures for protecting persons who provide information to the Court in good faith, including whistleblowers and persons assisting investigations.

No person shall be punished or disadvantaged for providing truthful evidence or information to the Court in good faith.

The Rules of the Court shall establish detailed procedures concerning victim participation, witness protection, anonymity, remote testimony, child witnesses, vulnerable persons, protective orders, confidentiality, and post-trial protection.

Final Treaty rule — developmental harm, victim protection and restoration: developmental harm, vulnerability and long-term effects may be considered where relevant to responsibility, sentencing, protection and restoration, without displacing the prosecution's burden of proof.

Where criminal conduct causes developmental harm, the Court may recognise consequences affecting education, employment, housing, health, psychological wellbeing, family and community relationships, economic independence and future life opportunities for purposes of lawful victim protection and restoration.

Such recognition shall not transfer criminal responsibility to innocent family members or later generations and shall not unlawfully restrict a victim's future autonomy.

Final Treaty rule — humanitarian restoration, justice and peace: the Court may use lawful restorative, protective and humanitarian measures consistent with accountability, victim rights, judicial independence and the rights of accused persons.

The Court's restorative and humanitarian functions shall recognise the effects of grave criminal conduct on individuals, families, communities and later generations without creating collective criminal liability.

Restoration may include lawful measures addressing physical, psychological, educational, economic, family, community and other consequences of proven harm.

Humanitarian protection and peaceful restoration shall operate consistently with accountability for proven individual criminal conduct and with the rights of victims, witnesses and accused persons.

32. Where a victim, witness, complainant, whistleblower, accused person, defence participant, interpreter, expert, family member, or other person using or lawfully assisting a Court service faces a serious risk because of that person's participation or cooperation with the Court, the Court may conduct a formal protection risk assessment and may provide or arrange appropriate protective measures before, during, and after the relevant Court activity.

33. Protective measures may be graduated according to the assessed risk and may include confidential contact arrangements; protected or restricted identity information; secure communications and devices; safe transport; trusted or specially designated escorts where lawfully available; secure accommodation or safe houses; temporary relocation; emergency extraction; medical, psychological, legal, social, or practical assistance; remote participation; and other lawful measures necessary to reduce a serious risk.

34. Where a person cannot safely remain in the place in which the threat arises, the Court may seek temporary or longer-term relocation to another safe location, including another State, through a State Party or other State or competent authority that voluntarily agrees and has lawful authority to provide the required protection.

35. A State Party or other State lawfully cooperating with the Court may, where its domestic law permits, provide protected admission, lawful residence, travel documentation, protected civil-status arrangements, confidentiality measures, or other lawful identity arrangements necessary to establish a safe life away from a serious threat. The Court shall not itself create nationality, citizenship, civil-status documents, or governmental identity documents without a lawful authority to do so.

36. A change of identity or equivalent protected identity arrangement shall be an exceptional protective measure, considered only where a serious and sustained threat cannot reasonably be addressed by less intrusive measures. Any such arrangement shall be lawful, documented by the competent authority, subject to appropriate confidentiality, and designed to avoid creating false criminal, financial, immigration, or civil-status records.

37. A State Party may, where its law permits, designate trusted officials or other authorised personnel to receive, escort, transport, accompany, or otherwise assist a protected person during safe departure, transit, admission, relocation, or return. Such assistance shall remain subject to the authority and law of the State concerned and shall not create unilateral Court police powers.

38. The Court may establish or participate in formal relocation and protection arrangements with willing States Parties and, where lawful, with other cooperating States or competent organisations. Such arrangements may address temporary safe houses, emergency extraction, transport, admission, residence, family accompaniment, documentation, healthcare, education, subsistence support, confidentiality, and longer-term resettlement.

39. Immediate family members or persons materially dependent on a protected person may receive protection or relocation assistance where the Court reasonably determines that they face a serious threat because of their relationship to the protected person or because of the Court-related conduct.

40. Protection under this Article shall not depend upon nationality, political status, wealth, immigration status, or whether the person is a national of a State Party, provided that the Court has a lawful basis to provide or arrange the relevant protective measure. A non-Party State is not required to provide protection solely because the Court requests it; assistance by a non-Party shall be based on consent, applicable international law, a cooperation agreement, or another lawful authority.

41. Protective measures shall be reviewed periodically and shall be 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.

42. Nothing in this Article authorises the Court to compel a State to grant nationality, permanent residence, asylum, immigration status, new identity documents, or other governmental status contrary to that State's domestic law or applicable international obligations.

ARTICLE 26

Offences Against the Administration of the Court

A person who intentionally interferes with the lawful administration of justice by the Court may be investigated, prosecuted, and sentenced in accordance with this Treaty.

Offences against the administration of the Court shall include: a. offering, giving, promising, soliciting, accepting, or attempting to arrange a bribe or other improper benefit for a judge, prosecutor, investigator, Court Enforcement Officer, witness, victim, or Court official in connection with the Court's administration or proceedings; b. threatening, intimidating, coercing, assaulting, abducting, or unlawfully harming a judge, prosecutor, investigator, Court Enforcement Officer, witness, victim, Court official, or their protected family members because of their role or participation in proceedings; c. deliberately giving false testimony when under a duty to tell the truth, presenting evidence known to be false or forged, or deliberately providing materially false information to the Court where the conduct is intended to affect a Court proceeding or investigation; d. deliberately destroying, concealing, altering, fabricating, or tampering with evidence; e. unlawfully interfering with a witness or victim; f. attempting to influence a judicial decision through political, financial, personal, religious, military, or other improper pressure; g. knowingly obstructing a lawful investigation or Court proceeding; h. deliberately helping a person evade a lawful Court warrant or sentence; i. unlawfully releasing, concealing, or assisting the escape of a person held pursuant to a lawful Court order; j. deliberately breaching a lawful protective order issued by the Court; k. impersonating a Court official or falsely claiming authority to act on behalf of the Court; l. unlawfully accessing, altering, destroying, or interfering with protected Court records or information systems; and m. attempting an offence under this Article, or intentionally participating through a mode of liability recognised by Article 11 in an offence under this Article, where the requirements of Article 11 are satisfied.

Administrative or disciplinary misconduct under Article 23 or the Rules, including conduct subject only to warning, training, suspension, removal, dismissal, loss of privileges, or similar measures, shall not constitute a criminal offence under this Article unless the conduct also satisfies the express elements of an offence established in this Treaty.

The Court may prosecute offences under this Article where the conduct occurs: a. within the territory of a State Party; b. against a Court proceeding, investigation, official, witness, victim, or protected person regardless of location; c. through electronic communications or information systems affecting the Court; d. in connection with a person subject to the jurisdiction of the Court; or e. in another circumstance provided for by this Treaty or a lawful international agreement.

The Court may issue warrants and other lawful orders concerning offences against the administration of the Court.

A person accused of an offence under this Article shall have the rights guaranteed under Article 6 and Article 17.

Nothing in this Article shall prevent a State Party from separately investigating or prosecuting conduct that also constitutes an offence under its national law.

Where the same conduct is capable of constituting both an offence under this Treaty and an offence under national law, the Court and the relevant State may cooperate to determine the appropriate jurisdiction and avoid unnecessary duplication of proceedings.

A person shall not be prosecuted under this Article merely for criticising, questioning, reporting on, or peacefully protesting against the Court or its decisions.

Legitimate journalism, academic research, political discussion, peaceful public criticism, and lawful freedom of expression shall not constitute interference with the Court merely because the expression is strongly critical or unpopular.

The Court may impose penalties proportionate to the seriousness of an offence under this Article, including imprisonment, fines, restitution, confiscation, or other lawful penalties authorised by this Treaty.

Where an offence under this Article causes serious injury, death, widespread intimidation, destruction of critical evidence, or substantial obstruction of the administration of justice, the Court may treat those circumstances as aggravating factors when determining the sentence.

Where an offence involves corruption, bribery, organised criminal activity, or financial gain, the Court may order the recovery, freezing, confiscation, or forfeiture of assets connected to the offence.

The Court may establish urgent protective measures where there is a credible threat of interference with an ongoing investigation, proceeding, victim, witness, judge, prosecutor, investigator, or Court Enforcement Officer.

The Court shall maintain appropriate procedures for investigating allegations of offences against its administration while preserving the rights of accused persons and the independence of the Court.

The Rules of the Court shall establish detailed procedures concerning investigation, prosecution, evidence, jurisdiction, penalties, protective measures, and cooperation with States in relation to offences under this Article.

ARTICLE 27

Evidence and Investigations

The Court may conduct independent investigations into matters falling within its jurisdiction where there are reasonable grounds to believe that a serious offence or violation of this Treaty or applicable international law may have occurred.

The Court may commence an investigation: a. on its own initiative; b. following information received from a State Party; c. following information received from another State or lawful authority; d. following information submitted by victims, witnesses, individuals, organisations, humanitarian bodies, human-rights organisations, or other reliable sources; e. following information identified through public sources, media reports, digital records, satellite imagery, scientific evidence, or other lawful sources; or f. following a referral or request made in accordance with this Treaty.

The Court may conduct preliminary assessments before opening a formal investigation to determine whether the matter falls within its jurisdiction and whether there are sufficient grounds for further investigation.

Investigations shall be conducted independently, impartially, objectively, and in accordance with this Treaty and applicable international law.

Investigators may seek, collect, preserve, analyse, authenticate, and present evidence relevant to an investigation.

Evidence may include: a. witness testimony; b. documentary records; c. photographs and video recordings; d. audio recordings; e. digital communications and electronic records; f. financial and banking records obtained lawfully; g. forensic evidence; h. medical evidence; i. scientific and technical evidence; j. satellite or geospatial evidence; k. physical objects; l. publicly available information; m. expert evidence; and n. any other lawful evidence relevant to the proceedings.

The Court shall take reasonable measures to establish the authenticity, reliability, relevance, and integrity of evidence before relying upon it.

The Court may appoint independent experts where specialist knowledge is required.

The Court may request assistance from States Parties, international organisations, humanitarian organisations, scientific institutions, forensic organisations, law-enforcement bodies, and other competent organisations in obtaining or analysing evidence.

The Court may establish secure systems for receiving evidence and information from members of the public and organisations.

Persons providing evidence or information in good faith shall be protected against retaliation in accordance with Article 25.

The Court may issue lawful orders requiring the preservation of evidence where there is a risk that evidence may be destroyed, altered, concealed, or otherwise lost.

Where authorised by this Treaty and applicable law, the Court may issue search, seizure, preservation, freezing, or other investigative orders.

Investigative measures shall be proportionate to the seriousness of the matter and shall respect the rights guaranteed under this Treaty.

Evidence obtained through torture, deliberate cruel treatment, or other serious violations of fundamental rights shall not be admitted where the violation materially affected the reliability or fairness of the evidence, subject to the Rules of the Court (see Rule 59).

The Court shall establish procedures for maintaining the chain of custody and integrity of physical and digital evidence.

The Court may use secure digital evidence systems, including cryptographic verification, timestamps, forensic imaging, and other appropriate technologies to preserve evidence integrity.

The Court may consider evidence obtained independently by journalists, humanitarian organisations, human-rights organisations, researchers, scientific institutions, or other persons where the Court determines that the evidence is relevant, authentic, and sufficiently reliable.

Publicly available information shall not be treated as automatically reliable merely because it is widely published. The Court shall assess its authenticity and reliability.

The Court may conduct investigations outside the territory of States Parties where lawful authority or consent permits, or where another lawful international agreement provides such authority.

Where an investigation concerns conduct occurring in a State that has not accepted the jurisdiction of the Court, the Court may preserve evidence and conduct such preliminary investigative activity as is lawfully possible while determining whether jurisdiction can be established.

The Court may issue requests for cooperation concerning the identification, preservation, collection, and transfer of

The Court shall maintain an independent evidence-receipt framework under which States Parties and other lawful sources may provide material to the Office of the Prosecutor or to another designated Court evidence channel.

Material provided directly to the Office of the Prosecutor shall be treated as prosecutorial information until the Prosecutor determines whether it should be developed, disclosed, tendered as evidence, or otherwise used in accordance with this Treaty and the Rules of the Court (see Rules 28, 131–140 and 48).

The receipt of material by the Prosecutor does not establish authenticity, reliability, admissibility, relevance, or guilt. Those matters shall be independently assessed and, where disputed, determined under the judicial procedures of the Court.

Where a source provides material subject to a lawful confidentiality or limited-use condition, the Court shall record the condition and shall not disclose or use the material contrary to that condition except as authorised by this Treaty and a competent judicial determination.

The Court shall maintain an auditable record of the source, method of receipt, date, integrity measures, handling restrictions, disclosure status, and subsequent evidential use of significant material received through the independent prosecutorial channel.

Material received from a State, Court Party, another lawful authority, organisation, victim, witness, or other lawful source shall be capable of being used to generate further evidence where the original material cannot lawfully be disclosed or tendered in its original form. Any derivative evidence shall itself be assessed for legality, relevance, reliability, authenticity, and admissibility.

The Court shall protect the independence of the prosecutorial evidence channel from political, diplomatic, military, financial, or other external direction. No State or source provider may require a particular prosecutorial or judicial outcome as the price of providing material.

ARTICLE 28

Prosecution and the Office of the Prosecutor

The Court shall establish an independent Office of the Prosecutor responsible for investigating and prosecuting persons suspected of offences falling within the jurisdiction of the Court.

The Office of the Prosecutor shall not be required to maintain a permanent physical headquarters and may operate primarily through secure digital and remote working systems.

Prosecutors may reside and work in different States and may perform their functions remotely from their homes or other secure locations approved by the Court, provided that appropriate security, confidentiality, and technological safeguards are maintained.

The Court may appoint multiple prosecutors located in different countries and may organise their work through rotation, shared caseloads, specialist teams, regional responsibilities, or other arrangements established by the Court.

The use of remote prosecutors shall not affect the independence, authority, duties, or legal status of the Office of the Prosecutor.

The Prosecutor shall act independently, impartially, objectively, and in accordance with this Treaty, applicable international law, and the Rules of the Court (see Rules 1–8 and 29).

The Prosecutor shall not receive instructions from any government, State, political party, military authority, donor, organisation, individual, or other external person concerning whether or how a particular person or matter should be prosecuted.

The Prosecutor may commence a prosecution: a. following an investigation initiated by the Court; b. following a referral authorised under this Treaty; c. following information received from a State Party or other competent authority; d. following information provided by victims, witnesses, organisations, humanitarian bodies, human-rights organisations, or other reliable sources; or e. on the basis of evidence discovered through an independent investigation conducted under Article 27.

Before commencing proceedings, the Prosecutor shall determine whether there are sufficient grounds and admissible evidence to establish a reasonable basis for prosecution.

The Prosecutor shall consider evidence both supporting and contradicting the allegation and shall not deliberately conceal material evidence that may establish innocence or materially undermine the prosecution.

Prosecutors may perform their duties through secure video conferencing, encrypted communications, secure document systems, digital evidence systems, and other appropriate technologies.

The Court may establish secure systems allowing prosecutors in different countries to work together on the same investigation or prosecution without requiring them to travel or maintain permanent offices.

Prosecutors may attend Court proceedings remotely unless the Court determines that physical attendance is necessary for a particular proceeding.

The Prosecutor may: a. bring charges; b. amend charges where permitted by the Rules of the Court (see Rules 26–28, 31 and 175–176 as applicable); c. withdraw charges where there is insufficient evidence or another lawful reason; d. seek arrest warrants; e. request protective measures; f. request searches, seizures, preservation orders, freezing orders, or other lawful investigative measures; g. appeal judgments or sentences where permitted by this Treaty; and h. perform any other lawful function necessary to carry out the duties of the Office.

The Prosecutor may request the Court to authorise urgent investigative or protective measures where delay could result in serious harm, destruction of evidence, escape of a suspect, or continuation of serious criminal conduct.

The Prosecutor shall give particular consideration to allegations involving genocide, crimes against humanity, war crimes, serious sexual offences against children, sex trafficking, abduction, organised criminal activity, unlawful wars, and other offences within the jurisdiction of the Court.

The Prosecutor may prioritise cases according to the seriousness of the alleged conduct, the strength of available evidence, the protection of victims and witnesses, the likelihood of successful prosecution, and the interests of justice.

No prosecution shall be commenced or discontinued solely because of the nationality, religion, political opinion, social status, wealth, occupation, official position, military rank, royal status, or other status of the person concerned.

The Prosecutor may prosecute persons holding public office where the requirements of jurisdiction and evidence are satisfied.

The Prosecutor may bring proceedings against multiple persons arising from the same conduct where the evidence and interests of justice support doing so.

The Prosecutor may seek the joinder or separation of proceedings where doing so would promote a fair and efficient trial.

The Prosecutor shall maintain appropriate records of prosecutorial decisions and shall provide reasons for significant decisions where required by the Rules of the Court (see Rules 23–29).

Where the Prosecutor decides not to proceed with a matter following a formal investigation, the Court may establish procedures allowing the decision to be reviewed where substantial evidence indicates that the decision may have been unreasonable, improperly influenced, corrupt, or contrary to the interests of justice.

A victim or other authorised participant may, where permitted by the Rules of the Court (see Rule 27 and Rules 177–180 as applicable), request review of a decision not to prosecute.

Any review of a prosecutorial decision shall respect prosecutorial independence and shall not permit political or financial interests to dictate the outcome.

The Prosecutor may cooperate with national prosecutors, international organisations, humanitarian organisations, law-enforcement bodies, and other competent authorities where such cooperation is lawful and consistent with the independence of the Office.

The Prosecutor shall establish appropriate safeguards concerning conflicts of interest, confidentiality, evidence, victim protection, whistleblowers, and the security of investigations.

The Prosecutor shall not publicly declare a person guilty before conviction by the Court.

The Office of the Prosecutor shall maintain appropriate safeguards against malicious, politically motivated, discriminatory, or knowingly false prosecutions.

The Prosecutor may establish specialist teams for genocide, war crimes, crimes against humanity, trafficking, child exploitation, financial crime, corruption, cybercrime, unlawful warfare, and other serious offences falling within the Court's jurisdiction.

The Prosecutor shall be accountable for professional misconduct and shall be subject to the complaints and accountability procedures established under Article 23.

The Court shall establish procedures for the appointment, term of office, removal, independence, remuneration, and accountability of the Prosecutor and other prosecutorial personnel.

The Court may establish physical offices, regional offices, or other permanent facilities in the future where financially practical and where doing so would improve the administration of justice.

Nothing in this Article shall require the Court to establish or maintain physical offices where secure remote systems can adequately perform the required function.

Nothing in this Article shall prevent national authorities from independently investigating or prosecuting conduct that also falls within the jurisdiction of the Court, subject to the provisions of this Treaty concerning jurisdiction and cooperation.

The Rules of the Court shall establish detailed procedures governing prosecutorial decisions, charging, disclosure, appeals, cooperation, remote working, rotation of prosecutors, specialist prosecutorial teams, conflicts of interest, and review of decisions not to prosecute.

The Office of the Prosecutor shall operate an independent international evidence-receipt channel for States Parties and other lawful sources. Material submitted through that channel shall be assessed by the Prosecutor independently and shall not be treated as a prosecutorial instruction from the providing State.

The Prosecutor may receive material on conditions of confidentiality, source protection, national security, privacy, victim or witness protection, or limited use for the purpose of generating further evidence. Such conditions shall be recorded and respected subject to this Treaty and lawful judicial orders.

The Prosecutor shall not disclose protected material or use it as trial evidence where doing so would breach a lawful condition, unless the provider consents or a competent judicial determination under this Treaty authorises the disclosure or use while protecting the fairness of the proceedings.

A State providing evidence to the Prosecutor shall not determine the charges, prosecution strategy, judicial findings, sentence, or enforcement outcome. The Prosecutor shall remain independent and shall assess the material together with all other relevant evidence.

The provision of material to the Prosecutor shall not, by itself, constitute consent by the providing State to impose, enforce, facilitate, or participate in any particular sentence imposed by the Court, including a death sentence.

ARTICLE 29

The Defence

Every person accused before the Court shall have the right to a fair and effective defence.

Every accused person shall have the right to represent themselves or to be represented by a lawyer or other qualified legal representative permitted by the Rules of the Court (see Rule 44).

An accused person shall not be required to travel to a physical Court facility solely for the purpose of obtaining legal representation.

Defence representatives may reside and work in different countries and may perform their functions remotely through secure communication systems.

The Court may establish a remote defence system allowing accused persons to communicate privately and securely with their legal representatives.

Every accused person shall be informed promptly and in sufficient detail of the allegations and charges against them in a language they understand.

The accused shall have adequate time and facilities to prepare their defence.

The defence shall have reasonable access to evidence and material relied upon by the prosecution, subject to lawful protections concerning victims, witnesses, confidential information, national security, and other protected material.

The defence shall have a reasonable opportunity to challenge prosecution evidence and to present evidence, witnesses, expert evidence, and other material in support of the defence.

The accused shall have the right to question or have their legal representative question witnesses presented against them, subject to lawful protective measures for victims and witnesses.

The accused shall have the right to request the Court to compel or assist in obtaining evidence and witnesses where the requirements of justice and applicable law are satisfied.

No accused person shall be required to provide evidence against themselves or to confess guilt.

An accused person shall be presumed innocent until guilt has been established by the Court according to the required standard of proof.

The burden of proving the allegations shall rest upon the prosecution.

An accused person shall have the right to interpretation and translation where necessary to understand proceedings and participate effectively in their defence.

The Court may provide or arrange legal representation for an accused person who cannot reasonably obtain adequate legal representation and where the interests of justice require it.

The Court may maintain a list or network of independent lawyers and legal representatives willing to represent accused persons remotely or in person.

Defence lawyers and legal representatives shall be permitted to communicate privately with their clients, including through secure video, telephone, or electronic communication.

Confidential communications between an accused person and their legal representative shall be protected in accordance with the Rules of the Court (see Rules 48 and 201–207).

The Court shall provide reasonable facilities for an accused person appearing by video link to participate effectively, including access to documents, evidence, interpretation, communication with counsel, and the ability to hear and be heard.

The Court may permit an accused person to participate from a secure location, including a police station, prison, Court facility, other authorised facility, or private residence where appropriate safeguards are in place.

The Court shall not deny a person a fair defence merely because the person lacks financial resources, lives in another country, is unable to travel, or cannot immediately obtain private legal representation.

Where an accused person deliberately refuses to participate after being properly notified of the proceedings and provided a reasonable opportunity to attend and defend themselves, the Court may proceed in their absence where authorised under this Treaty and the Rules of the Court (see Rule 186).

Proceeding in the absence of an accused person shall not remove the accused person's rights of appeal or judicial review under Article 17.

The Court may appoint independent defence counsel to protect the interests of an accused person who is absent where the Court considers this necessary for a fair proceeding.

The Court shall ensure that the defence has a reasonable opportunity to respond to material evidence before the Court relies upon that evidence to determine guilt.

The prosecution shall disclose material evidence that may reasonably assist the defence, including evidence that may support innocence, reduce responsibility, or undermine the reliability of prosecution evidence.

Deliberate suppression or destruction of material defence evidence by a prosecutor or investigator may constitute misconduct or an offence under this Treaty.

The Court shall establish procedures for protecting defence lawyers and legal representatives from intimidation, threats, retaliation, bribery, or improper interference.

Nothing in this Article shall prevent the Court from establishing reasonable procedures to protect victims, witnesses, confidential information, or the integrity of proceedings, provided that those procedures do not unfairly prejudice the defence.

The Rules of the Court shall establish detailed procedures governing defence representation, legal aid, disclosure, evidence, witness questioning, remote participation, confidentiality, communication with clients, and proceedings involving an accused person who is absent.

ARTICLE 30

Arrest Warrants and Detention

The Court may issue an arrest warrant where there are reasonable grounds to believe that a person has committed, is committing, or is responsible for an offence within the jurisdiction of the Court and where arrest is necessary to secure the person's appearance, prevent interference with justice, protect victims or witnesses, prevent the continuation of serious criminal conduct, or prevent flight from justice.

An arrest warrant shall identify the person concerned and shall state, where reasonably practicable: a. the person's identity; b. the alleged offences; c. the factual basis for the warrant; d. the legal basis for the Court's jurisdiction; and e. any conditions or limitations imposed by the Court.

Arrest warrants shall be issued or confirmed by an authorised judge or judicial chamber in accordance with the Rules of the Court (see Rule 31 and Rules 16 and 175–176 as applicable).

The Court may issue an urgent provisional arrest order where delay would create a serious risk of flight, harm to a person, destruction of evidence, continuation of serious criminal conduct, or obstruction of justice, subject to subsequent judicial review.

The Court may request States Parties and other cooperating authorities to arrest and surrender a person subject to a lawful Court warrant.

States Parties shall, in accordance with Article 19 and their obligations under this Treaty, cooperate in locating, detaining, transferring, and holding persons subject to lawful Court warrants.

The Court may maintain and circulate lawful arrest warrants through secure international law-enforcement and judicial communication systems.

The Court may request the assistance of its Court Enforcement Officers, where established and lawfully available, in locating, arresting, transporting, securing, or transferring a person subject to a Court order.

Where Court Enforcement Officers operate within the territory of a State, they shall comply with the applicable cooperation arrangements and lawful requirements established under this Treaty.

A person arrested pursuant to a Court warrant shall be informed, as soon as reasonably practicable, of: a. the existence and basis of the warrant; b. the allegations against them; c. their right to legal representation; d. their right to challenge the lawfulness of their detention; and e. their other rights under this Treaty.

A person shall not be detained solely because of their nationality, religion, political opinion, ethnicity, sex, wealth, occupation, public office, or other protected status.

Detention before trial shall not be used as punishment.

A detained person shall be brought before the Court or an authorised judicial authority within a reasonable period for review of the lawfulness and necessity of detention.

The Court shall consider whether detention remains necessary and proportionate, taking into account: a. the seriousness of the alleged offence; b. the risk of flight; c. the risk of interference with witnesses or evidence; d. the risk of continued serious criminal conduct; e. the safety of victims, witnesses, Court personnel, or the public; and f. any other relevant circumstances.

Where detention is not necessary, the Court may order conditional or supervised release, including restrictions on travel, communication, contact with specified persons, or other appropriate conditions.

The Court may order continued detention where the requirements of this Article remain satisfied.

A person detained under a Court warrant shall be held in humane conditions and shall be treated with dignity and respect.

Detained persons shall have reasonable access to medical care, food, water, sanitation, communication with legal representatives, and other basic necessities.

The Court may designate or approve prisons, detention facilities, police facilities, or other secure locations within States Parties for persons detained pursuant to Court orders.

A person may participate in detention hearings, preliminary hearings, and other proceedings by secure video link where the Court considers remote participation appropriate.

The Court may permit necessary judicial proceedings to take place while a person remains physically detained in another State, subject to appropriate safeguards.

A person shall have the right to challenge the legality of their arrest or detention and to request judicial review.

If an arrest warrant is found to have been issued or executed unlawfully, the Court shall provide an appropriate remedy in accordance with this Treaty and the Rules of the Court (see Rules 38 and 177–180).

The Court may issue international requests concerning the location and detention of a person who is outside the territory of States Parties where jurisdiction and applicable international law permit such action.

A person who deliberately assists another person in evading a lawful Court arrest warrant may be investigated and prosecuted where jurisdiction exists, including under Article 26.

No immunity arising solely from public office, political position, royal status, military rank, diplomatic position, wealth, or social status shall prevent the Court from issuing or enforcing a lawful arrest warrant where the requirements of this Treaty are satisfied.

Where a person is arrested in relation to conduct falling within the jurisdiction of both the Court and a State Party, the Court and the State shall cooperate to determine the appropriate arrangements for custody, prosecution, transfer, and enforcement.

The Court may issue warrants for the arrest of a person who refuses to attend proceedings where the Court has provided proper notice and reasonable opportunity to attend, and where the legal requirements for arrest are satisfied.

The Court may issue further orders concerning detention, transfer, release, security, or protection where necessary to give effect to a lawful judicial decision.

The Rules of the Court shall establish detailed procedures concerning arrest warrants, provisional arrest, international requests, surrender and transfer, detention conditions, judicial review, conditional release, and cooperation with States and Court Enforcement Officers.

ARTICLE 31

State Custody, Remote Proceedings, Transfer and Surrender

A person subject to a lawful Court arrest warrant may be arrested and detained by a State Party within its jurisdiction without being transferred to the physical custody of the Court.

A State Party may retain custody of an arrested person for the purposes of investigation, preliminary proceedings, trial, appeal, sentencing, and enforcement of a Court judgment.

Proceedings may be conducted remotely while the accused remains in the custody of the State Party.

The Court may conduct proceedings from or through: a. a police station; b. a prison or other custodial facility; c. a secure government facility; d. a Court facility; e. another secure location authorised by the State Party and the Court; or f. another location approved by the Court where appropriate safeguards exist.

The physical location of an accused person shall not prevent the Court from exercising its judicial authority or conducting a lawful proceeding.

A State Party holding a person in custody shall provide the facilities reasonably necessary for the person to participate in Court proceedings by secure video link, including access to legal representation, interpretation, Court documents, evidence, and confidential communication with their legal representative.

The Court may conduct the entire trial remotely where the Court determines that physical transfer of the accused is unnecessary, impractical, unsafe, or inconsistent with the efficient administration of justice.

Following conviction, a person may remain in the custody of the State Party and serve the sentence imposed by the Court within that State, where the State is legally able and willing to enforce the sentence.

A State Party may enforce Court-imposed imprisonment, fines, confiscation, restitution, forfeiture, property-recovery orders, deportation or removal orders, and other lawful sentences within its territory in accordance with this Treaty and the arrangements established with the Court.

A State Party may enforce a death sentence imposed by the Court only where the offence is capital-eligible under Article 16, the State is legally authorised to carry out the sentence, and all requirements of Article 16 and the applicable appeal and review provisions have been satisfied.

Where a State Party cannot lawfully carry out a death sentence, it shall not be required to violate its law. Article 16.20 shall govern any lawful transfer and, where execution cannot lawfully be secured, replacement of the death sentence for enforcement purposes.

A refusal by a State Party to enforce a particular penalty shall not, by itself, invalidate, cancel, or extinguish the Court's judgment or sentence.

Where enforcement of a particular sentence cannot take place in the State holding the convicted person, the Court may seek the voluntary or treaty-based cooperation of another State Party that is legally able and willing to enforce the sentence.

The Court may order the transfer of a convicted person to another State Party where necessary for lawful enforcement of a sentence and where the receiving State agrees or is otherwise legally authorised to receive the person.

The Court may also order or request physical transfer of an accused person to the custody of the Court where the Court determines that remote proceedings or continued State custody are insufficient to secure a fair and effective proceeding.

Physical surrender or transfer to the Court shall therefore be an available enforcement and judicial measure but shall not be a general requirement for a person to be tried, convicted, sentenced, or imprisoned under this Treaty.

A State Party shall maintain lawful custody of a person arrested under a Court warrant and shall ensure that the person is not released solely because the person refuses to recognise the Court or refuses to participate in proceedings, where continued detention has been lawfully authorised.

A person detained under this Article shall have the rights guaranteed by this Treaty, including the right to challenge the lawfulness of detention, the right to legal representation, and the right to a fair trial.

Where an accused person deliberately refuses to attend or participate in proceedings after receiving proper notice and being given a reasonable opportunity to defend themselves, the Court may proceed in their absence where authorised under this Treaty and the Rules of the Court (see Rule 186).

A State Party may continue holding a convicted person following a trial conducted in their absence where the Court has issued a lawful sentence and the requirements for continued detention are satisfied.

The Court may request the assistance of the State Party in securing the attendance of the accused by video link or, where necessary and lawful, through physical appearance before the Court.

A State Party may request assistance from Court Enforcement Officers in relation to custody, transportation, security, evidence, or enforcement, but the person shall not be required to be physically surrendered to the Court where the State Party is capable of lawfully carrying out the Court's orders itself.

States Parties shall cooperate with the Court in maintaining secure custody, preventing escape, protecting victims and witnesses, preserving evidence, facilitating remote proceedings, and enforcing lawful judgments and sentences.

No person shall be transferred to a State where there are substantial grounds to believe that the person would be subjected to torture or other treatment prohibited by this Treaty or applicable international law.

The Court shall consider the safety, dignity, health, and fundamental rights of a person during any physical transfer.

Where more than one State requests custody or enforcement of the same person, the Court may determine or recommend appropriate arrangements having regard to jurisdiction, the seriousness of the offences, the interests of justice, existing proceedings, enforcement capability, and the rights of the person concerned.

The Court may establish agreements with States Parties concerning remote trials, detention facilities, police and prison facilities, transportation, prisoner transfers, witness protection, medical care, and enforcement of sentences.

The Rules of the Court shall establish detailed procedures concerning State custody, remote trials, detention, video-link proceedings, physical transfer, surrender, enforcement of sentences, capital sentences, prisoner transfers, and the rights of persons held by States Parties. Any death sentence remains subject to the substantive capital-eligibility rules of Article 16 and the appeal and judicial-review safeguards of Article 17; Articles 31, 33 and 35 do not independently create or expand capital authority.

Geographic distance shall not by itself require physical surrender. Where an accused is lawfully held in a State Party, the Court may conduct proceedings through secure video link or another secure remote method while preserving all fair-trial rights.

Remote proceedings shall provide the accused with a confidential channel to counsel that is independent of custodial authorities, reliable access to the Court record, interpretation and translation, the ability to hear and challenge evidence, and reasonable opportunity to participate in every material stage of the proceeding.

Where remote proceedings cannot provide equivalent and effective participation, the Court shall consider physical transfer, a neutral Court facility, a secure third-country location, or another lawful arrangement before determining that the proceeding may continue in its existing form.

No State shall obtain a procedural advantage merely because it is geographically closer to the Court, the accused, witnesses, evidence, or a hearing location. The Court may rotate or designate hearing locations according to security, neutrality, accessibility, witness protection, technical capability, and the interests of justice.

Where participants are distributed across different time zones, the Court shall schedule hearings and deadlines reasonably and shall make appropriate accommodations so that time-zone differences do not materially impair preparation, consultation with counsel, participation, or examination of evidence.

Where a person subject to a lawful warrant, order, prosecution, judgment, or sentence is located in a State or political community that does not recognise the Court, the Court may continue lawful judicial proceedings and maintain its orders to the extent permitted by this Treaty and applicable international law.

The Court shall first seek lawful cooperation, surrender, transfer, arrest, custody, or another recognised legal mechanism capable of bringing the person before the Court or an enforcing jurisdiction.

Where Article 46 applies and ordinary cooperation cannot reasonably provide timely protection against an immediate and continuing grave threat, the Court may authorise an exceptional protective measure only through the judicial procedure established by Article 46 and the Rules.

Nothing in this Article independently authorises Court personnel to enter the territory of a non-consenting State or to use force there. Any physical cross-border action must have a separate lawful jurisdictional, treaty-based, consent-based, host-State-authorised, collective-security, or other recognised legal basis.

ARTICLE 32

Conduct of Trials and Trial Procedure

The Court shall conduct trials fairly, independently, impartially, and in accordance with this Treaty, applicable international law, and the Rules of the Court (see Rules 8 and 49–64).

Trials shall ordinarily be conducted publicly and, where technically practicable, shall be broadcast live to the public in accordance with Article 21.

The Court may conduct trials primarily or entirely by secure video link.

An accused person may participate in a trial remotely while being held in the custody of a State Party, including from a police station, prison, secure government facility, or other authorised location.

Prosecutors, defence representatives, witnesses, experts, interpreters, judges, investigators, victims, and other authorised participants may participate remotely where the Court considers remote participation appropriate.

The Court may permit participants to appear from different countries during the same proceeding where secure communication systems allow effective participation.

The Court shall ensure that all participants can hear and, where appropriate, see one another sufficiently to participate effectively.

The Court shall ensure that an accused person has a reasonable opportunity to communicate privately with their legal representative during proceedings.

The Court shall determine the order and conduct of proceedings, subject to this Treaty and the Rules of the Court (see Rule 50).

The prosecution shall present the allegations and evidence supporting the charges.

The defence shall have a reasonable opportunity to respond to the charges, challenge prosecution evidence, present evidence, question witnesses, and make submissions to the Court.

The Court may permit victims and other authorised participants to present evidence, views, or submissions where permitted by this Treaty and the Rules of the Court (see Rules 111–120).

Witnesses shall give evidence under procedures established by the Court and may be required to make a formal declaration concerning the truthfulness of their evidence.

The Court may allow witness evidence to be given remotely where appropriate.

The Court may permit expert witnesses to provide evidence remotely or through written expert reports where this does not unfairly prejudice the parties.

The Court may use interpreters and translators to ensure that participants can understand and participate effectively in proceedings.

The Court shall ensure that evidence relied upon in determining guilt or sentence is disclosed and presented in accordance with the rights of the accused and the Rules of the Court (see Rules 28, 43, 58–60 and 121–140).

The Court may exclude evidence where its admission would seriously undermine the fairness or integrity of the proceedings.

The Court may adjourn proceedings where necessary to protect the fairness of the trial, allow adequate preparation, address technical difficulties, protect participants, or consider newly discovered evidence.

The Court may issue procedural orders concerning evidence, witnesses, disclosure, questioning, time limits, conduct of participants, and other matters necessary for an orderly and fair proceeding.

The Court may combine related charges or accused persons into one proceeding where doing so promotes efficiency and does not unfairly prejudice any party.

The Court may separate charges or accused persons where separate proceedings are necessary to ensure fairness or efficient administration of justice.

An accused person shall not be required to attend physically where the Court determines that remote participation provides an adequate and fair means of participation.

The Court may require physical attendance where it determines that this is necessary for a fair proceeding, the protection of participants, identification of the accused, sentencing, or another substantial judicial reason.

Where physical attendance is required but the accused remains lawfully detained in a State Party, the Court may arrange transportation or other lawful arrangements for physical attendance.

A trial may proceed in the absence of the accused where the requirements established under this Treaty are satisfied, including where the accused has deliberately refused to attend or participate after receiving proper notice and a reasonable opportunity to defend themselves.

Proceedings conducted in the absence of an accused person shall remain subject to the requirements of fairness, evidence, judicial independence, and the rights of the defence.

Where a trial proceeds in the absence of an accused person, the Court may appoint or require independent defence representation where necessary to protect the interests of the accused.

The Court may issue protective measures for victims and witnesses, including restricted disclosure of identifying information, remote testimony, screened testimony, or other appropriate measures.

Any restriction on public access shall comply with Article 21 and shall be limited to what is reasonably necessary.

The Court shall maintain an official record of proceedings, including appropriate transcripts, recordings, evidence records, judicial orders, and judgments.

Public broadcasts may include live video and audio of proceedings, subject to lawful restrictions necessary for safety, privacy, protection of vulnerable persons, confidential evidence, or the integrity of justice.

The Court may permit accredited media organisations and independent journalists to report on public proceedings subject to reasonable rules protecting the integrity and safety of the proceedings.

Members of the public may observe public proceedings through Court facilities, official online platforms, authorised broadcasts, or other means established by the Court.

The Court shall not allow public opinion, media popularity, online campaigns, political pressure, financial contributions, or other external influence to determine the outcome of a case.

Judges shall deliberate independently and shall issue decisions based solely upon the evidence, applicable law, and the requirements of justice.

The Court shall give reasons for its verdicts, significant procedural decisions, and sentences.

The Court may deliver judgments and sentences through secure video link where the accused is being held by a State Party.

A final judgment and sentence issued through a lawful remote proceeding shall have the same legal effect as a judgment issued following physical attendance before the Court.

The Rules of the Court shall establish detailed procedures governing trial preparation, remote hearings, public broadcasting, evidence, witnesses, defence participation, proceedings in absence, judicial deliberation, judgments, sentencing, and the official record of proceedings.

ARTICLE 33

Verdicts and Sentencing

The Court shall determine the guilt or innocence of an accused person solely on the evidence presented and the applicable provisions of this Treaty and international law.

No person shall be convicted unless the Court is satisfied beyond reasonable doubt that the person committed the offence charged.

A verdict shall state the decision of the Court and shall provide reasons explaining the principal findings of fact and law.

Where the Court finds an accused person not guilty, the person shall be acquitted of the relevant charge and any detention relating solely to that charge shall cease unless another lawful basis for detention exists.

Where the Court finds an accused person guilty, the Court shall impose a sentence proportionate to the seriousness of the offence, the circumstances of the offender, the harm caused, and the interests of justice.

Sentences may include: a. imprisonment; b. fines; c. restitution or compensation to victims; d. confiscation or forfeiture of proceeds of crime; e. seizure or recovery of property connected to an offence; f. deportation or removal where lawfully appropriate; g. restrictions or orders concerning future conduct; h. other lawful penalties expressly authorised by this Treaty; and i. the death sentence only where expressly capital-eligible under Article 16 and imposed in accordance with all applicable safeguards.

The Court may order that proceeds of crime, property obtained through criminal conduct, or property used to facilitate serious criminal activity be frozen, confiscated, forfeited, or otherwise recovered in accordance with this Treaty.

The Court shall give particular consideration to restitution and compensation for victims where appropriate and where assets or resources are available.

The Court may consider aggravating circumstances, including: a. genocide or conduct intended to destroy a protected group; b. systematic or widespread crimes against humanity; c. serious war crimes; d. deliberate attacks against civilians; e. serious sexual offences against children; f. rape or aggravated sexual violence; g. sex trafficking or exploitation of persons; h. abduction or kidnapping involving serious harm; i. torture; j. murder or intentional killing; k. organised or repeated commission of serious offences; l. abuse of public, military, political, religious, economic, or other authority; m. particularly large-scale or prolonged harm; or n. deliberate obstruction of justice or intimidation of victims and witnesses.

The Court may consider mitigating circumstances, including genuine cooperation with the Court, voluntary surrender, acceptance of responsibility, assistance to victims, substantial assistance in establishing the truth, or other circumstances recognised by the Court.

A person's nationality, religion, ethnicity, sex, political opinion, wealth, public position, military rank, royal status, or social position shall not increase or reduce a sentence except where the person's use or abuse of such position is directly relevant to the offence or its seriousness.

The Court may impose a sentence against a person regardless of whether the person accepts the authority of the Court, provided that the Court has established jurisdiction and the requirements of a fair proceeding have been satisfied.

A person convicted in their absence may be sentenced in accordance with this Treaty where the requirements for proceedings in absence have been satisfied.

A person sentenced in their absence shall retain the rights of appeal and judicial review established under this Treaty.

A sentence imposed by the Court shall remain legally valid unless overturned, reduced, commuted, or otherwise altered through a lawful procedure under this Treaty.

A State Party may enforce a Court sentence within its territory in accordance with Article 19 and Article 31.

A State Party that does not permit a particular sentence under its national law may refuse to enforce that particular penalty within its territory or may apply another lawful enforcement arrangement permitted under this Treaty.

A refusal by a State Party to enforce a particular penalty shall not, by itself, cancel, extinguish, or invalidate the sentence imposed by the Court.

Where a State Party cannot enforce a particular sentence, the Court may seek another State Party that is legally able and willing to enforce that sentence.

Where the Court has imposed a death sentence and the person is located in a State that cannot lawfully carry it out, that State shall not be required to violate its law. Article 16.20 shall govern any lawful transfer and, where lawful enforcement is unavailable, replacement of the death sentence for enforcement purposes.

A death sentence may be enforced in another State only where that State has expressly agreed to enforce it, is legally authorised to do so, the offence is capital-eligible under Article 16, and all appeal, review, and enforcement safeguards required by this Treaty have been satisfied.

The Rules of the Court shall establish procedures governing death sentences for offences already identified as capital-eligible by Article 16. The Rules shall not create, expand, or alter capital eligibility.

A death sentence shall only be imposed following the highest level of judicial scrutiny required by the Court and shall be subject to the applicable appeal and review procedures.

The Court shall not impose a death sentence solely because of a person's nationality, religion, political opinion, ethnicity, sex, or other protected characteristic.

Where a sentence involves imprisonment, the Court may specify the term of imprisonment and any conditions or requirements applicable to enforcement.

Where a sentence involves a fine or financial order, the Court may establish the amount and terms of payment having regard to the seriousness of the offence, financial circumstances, lawful income and assets, legitimate liabilities and the financial needs of dependants, any criminal gain, prior convictions and prior financial penalties, and the interests of victims and justice. The Court may use a structured, means-responsive, daily or periodic fine, or a combination of lawful financial penalties where authorised by the applicable offence provision, and may permit reasonable payment periods or instalments. A person's wealth shall not entitle that person to a lesser form of punishment, and inability to pay a fine shall not by itself justify imprisonment where imprisonment was not otherwise justified by the offence and circumstances. Where deliberate non-payment or deliberate concealment, transfer or dissipation of assets to evade a lawful financial order is alleged, the Court may use lawful enforcement measures and require judicial determination of the allegation.

The Court may impose concurrent or consecutive sentences where multiple offences are established, subject to proportionality and the Rules of the Court (see Rule 104).

The Court may issue additional orders necessary to give effect to a sentence, including orders concerning custody, transfer, property, proceeds of crime, restitution, victim protection, or other lawful enforcement measures.

No person shall be punished more than once by the Court for the same offence following a final acquittal or conviction, except where this Treaty expressly permits a retrial or reopening of proceedings.

The Court shall publish its final verdicts and sentences in accordance with Article 21, subject to lawful protections for victims, witnesses, children, confidential information, and other protected persons.

The Rules of the Court shall establish detailed procedures governing verdicts, sentencing hearings, aggravating and mitigating circumstances, restitution, confiscation, imprisonment, fines, capital sentences, appeals, judicial review, and enforcement. The capital-sentence provisions in this Article are procedural and enforcement provisions only; capital eligibility is determined exclusively by Article 16 and review safeguards by Article 17.

ARTICLE 34

Appeals and Judicial Review

Every person convicted by the Court shall have the right to appeal their conviction, sentence, or both in accordance with this Treaty.

The prosecution may appeal an acquittal, conviction, sentence, or other final judicial decision where authorised by this Treaty and the Rules of the Court (see Rules 91–100).

An appeal may be based upon: a. an error of law; b. a serious error in the assessment or admission of evidence; c. a serious procedural error affecting the fairness of the proceedings; d. newly discovered evidence that could materially affect the verdict or sentence; e. misconduct, corruption, bias, or improper influence affecting the proceedings; f. an error concerning the jurisdiction of the Court; g. an unreasonable or disproportionate sentence; or h. another substantial ground recognised by this Treaty or the Rules of the Court (see Rules 91–100).

An appeal shall be heard by judges who did not participate in the original decision where reasonably practicable.

The Court may establish an independent appellate chamber consisting of one or more judges as determined by the Rules of the Court (see Rules 91–93).

Appeals may be conducted by secure video link, including where the appellant remains in the custody of a State Party.

An appellant shall have reasonable access to legal representation and the evidence and records necessary to present an effective appeal.

The Court may appoint or arrange independent legal representation where necessary to ensure a fair appeal and the interests of justice require it.

The prosecution and defence shall have a reasonable opportunity to make written and oral submissions.

The appellate court may: a. uphold the conviction; b. overturn the conviction; c. order an acquittal; d. order a retrial; e. amend the legal classification of an offence where lawful; f. increase or reduce a sentence where authorised; g. order a new sentencing hearing; h. return a matter to the judicial panel that made the original decision, or to another judicial panel constituted in accordance with this Treaty and the Rules of the Court (see Rules 91–100), for reconsideration; i. correct a serious procedural or legal error; or j. make any other lawful order necessary to achieve justice.

A conviction shall not be overturned merely because an appellate chamber would have preferred a different interpretation of evidence where the original decision was reasonably supported by the evidence and law.

Where an appeal identifies a serious error affecting the fairness or reliability of a conviction, the appellate court shall provide an appropriate remedy.

A person shall not be punished for exercising their right to appeal.

Where an appeal is brought against a sentence, the sentence may remain in force during the appeal unless the Court orders otherwise.

The Court may suspend or modify enforcement of a sentence where necessary to prevent serious injustice while an appeal is pending.

Where a person has been acquitted by final judgment, they shall not be retried for the same offence except where this Treaty expressly permits reopening of the case because of exceptional circumstances such as proven fraud, deliberate concealment of decisive evidence, or serious corruption affecting the original proceedings.

Where a conviction has become final, the Court may permit judicial review where substantial new evidence, proven corruption, fundamental procedural injustice, or another exceptional circumstance demonstrates that the conviction may be unsafe.

A judicial review shall be conducted independently from the original decision wherever reasonably practicable.

The Court may establish time limits for appeals while allowing extensions where necessary to prevent injustice.

An appeal or review may be brought by: a. the convicted person; b. their authorised legal representative; c. the Prosecutor; or d. another person authorised under the Rules of the Court (see Rules 91–100) where the convicted person is unable to act.

Where the accused has died, the Court may permit an appeal or review to continue where necessary to establish the truth, correct a wrongful conviction, protect the reputation of the deceased, or serve the interests of justice.

Where an appeal or review results in an acquittal or reduction of sentence, the Court shall issue appropriate orders concerning release, compensation, restoration of property, correction of public records, or other appropriate remedies.

Where a person has been unlawfully imprisoned as a result of a wrongful conviction, the Court may order or recommend compensation or other appropriate remedy in accordance with this Treaty.

Appeals and judicial reviews may be conducted remotely where physical attendance is unnecessary.

The Court shall maintain a public record of final appellate judgments and significant judicial review decisions, subject to lawful protections for victims, witnesses, children, confidential information, and other protected persons.

The Rules of the Court shall establish detailed procedures governing appeals, judicial review, retrials, newly discovered evidence, appellate chambers, legal representation, suspension of sentences, remedies, and finality of judgments.

ARTICLE 35

Enforcement of Judgments and Sentences

Final judgments and sentences of the Court shall be binding upon the parties and shall be enforced in accordance with this Treaty.

States Parties shall cooperate with the Court in the enforcement of lawful judgments and sentences.

Enforcement may be carried out directly by a State Party within its territory without requiring the convicted person to be physically transferred to the Court.

A State Party may arrest and detain a person subject to a lawful Court warrant and may retain custody of that person throughout investigation, trial, sentencing, appeal, and enforcement where authorised under this Treaty.

The Court may conduct proceedings by secure video link while the accused or convicted person remains in State custody.

A State Party may enforce a sentence imposed by the Court through: a. imprisonment; b. fines; c. restitution or compensation; d. confiscation or forfeiture of criminal proceeds or property; e. recovery or removal of property connected to an offence; f. lawful deportation or removal; g. restrictions imposed by the Court; h. other lawful penalties expressly authorised by this Treaty; and i. a death sentence only where the offence is capital-eligible under Article 16 and enforcement is lawful under Article 16 and the other applicable safeguards of this Treaty.

Where a State Party is legally unable to enforce a particular penalty, it shall notify the Court and cooperate in identifying an alternative lawful enforcement arrangement.

A State Party may refuse to carry out a particular sentence where its national law prohibits that penalty. Such refusal shall not automatically invalidate the Court's judgment or sentence.

Where a State refuses to enforce a particular sentence, the Court may seek another State Party that is legally able and willing to enforce it.

Where a person is subject to a death sentence, enforcement shall occur only in accordance with Article 16 and after all applicable appeal, review, and other safeguards have been exhausted or finally determined. If the State where the person is located cannot lawfully carry out the sentence, Article 16.20 shall govern transfer and replacement for enforcement purposes.

A State Party shall not release a person solely because another State does not permit the sentence imposed by the Court, where the Court has authorised another lawful basis for continued custody or enforcement.

Nothing in this Article shall require a State Party to violate its own mandatory domestic law. States Parties shall nevertheless make reasonable efforts to give effect to Court judgments through lawful means.

States Parties shall cooperate in locating persons subject to judgments and sentences and may use lawful national law-enforcement powers for that purpose.

The Court may request assistance from Court Enforcement Officers, where established and lawfully available, for: a. arrests; b. detention; c. transportation; d. securing persons; e. seizure or recovery of property; f. confiscation and enforcement of financial orders; g. deportation or removal; h. protection of victims and witnesses; and i. other lawful enforcement functions authorised by the Court.

Court Enforcement Officers operating within a State Party shall act in accordance with this Treaty, the Court's lawful orders, and applicable cooperation arrangements with that State.

States Parties shall take reasonable measures to prevent persons subject to lawful Court judgments from escaping enforcement by moving between jurisdictions.

States Parties may notify other States Parties of persons subject to outstanding arrest warrants, sentences, or enforcement orders through secure international systems.

A State Party may request another State Party to assist in locating, arresting, detaining, transferring, or otherwise enforcing a Court judgment against a person within its jurisdiction.

States Parties shall cooperate concerning the identification, freezing, seizure, confiscation, and recovery of proceeds of crime and property connected to offences within the Court's jurisdiction.

Property recovered through enforcement shall be dealt with according to the judgment of the Court, including orders concerning restitution to victims or other lawful disposition.

The Court may establish arrangements with States Parties concerning prisons, detention centres, police facilities, secure remote-trial facilities, transportation, prisoner transfers, financial enforcement, and other enforcement matters.

A person serving a sentence imposed by the Court shall be treated humanely and shall retain the fundamental rights guaranteed by this Treaty.

Conditions of imprisonment shall be subject to reasonable oversight to ensure that the sentence is enforced lawfully and that prisoners are not subjected to torture, cruel treatment, or other prohibited treatment.

The Court may review complaints concerning the unlawful or improper enforcement of its judgments or sentences.

Where a State Party fails to comply with a binding enforcement obligation without lawful justification, the Court may issue further orders, seek diplomatic or judicial cooperation, or take other measures authorised by this Treaty.

The enforcement of a sentence shall not prevent the Court from exercising jurisdiction over additional offences committed by the convicted person.

No person shall be punished twice for the same final offence merely because enforcement occurs in more than one State.

Where enforcement is transferred between States Parties, the Court shall maintain a record of the sentence, custody, transfer, and remaining period or requirements of enforcement.

The Court may establish procedures for recognising and enforcing its judgments where a person or property is located outside the territory of States Parties, where jurisdiction and applicable international law permit.

Nothing in this Article shall prevent a State Party from providing greater assistance to the Court than the minimum obligations established by this Treaty.

The Rules of the Court shall establish detailed procedures governing enforcement, State custody, imprisonment, fines, confiscation, restitution, property recovery, deportation, capital sentences, prisoner transfers, Court Enforcement Officers, international cooperation, and oversight of enforcement. The specialised provisions of Articles 53–56 govern, respectively, protection of Court personnel and functions, emergency protection and safe departure, Court Enforcement Officers and cross-border enforcement, and proceeds of crime and asset recovery. Where a specialised provision applies, it controls over a general enforcement provision in this Article.

Final Treaty rule — sentence enforcement and totality: separately proven offences shall be identified and sentenced before the Court determines the lawful total sentence, applying the concurrent, consecutive and totality rules expressly established in this Treaty.

A final sentence shall remain enforceable in accordance with this Treaty and shall not be cancelled merely because the convicted person is located in a State whose national law provides a lesser penalty for the same conduct.

Concurrent, consecutive and totality sentencing shall follow Article 16: distinct offences may be consecutive where necessary to reflect separate responsibility and harm; offences arising from the same act or inseparably connected conduct ordinarily run concurrently; the Court shall give reasons for the totality determination.

The enforcement provisions of this Article shall not convert evidential cooperation into sentence-enforcement consent. A State Party's provision of evidence to the Court or Office of the Prosecutor shall not, by itself, require that State to enforce, facilitate, or participate in any particular sentence.

Enforcement shall preserve the distinction between the single judicial sentence imposed by the Court and the lawful means by which that sentence is carried out in a particular State. A difference in lawful enforcement modality shall not create a second judicial judgment or a second standard of punishment.

An abolitionist State may satisfy a Court death sentence through the lawful non-capital enforcement mechanism established by Article 16 when execution is prohibited in that State. A retentionist State may carry out a Court death sentence only where execution is lawful in that State and all Treaty safeguards have been completed. Neither State's position shall alter the Court's fair-trial requirements.

Geographic location of the convicted person shall not itself extinguish, invalidate, or enlarge the Court's judgment. Where lawful enforcement cannot occur in the State of custody, the Court shall consider another lawful enforcement arrangement without requiring a State to violate mandatory domestic law.

A final judgment or sentence remains a judicial determination of the Court notwithstanding non-recognition of the Court by the State or political community in which the convicted person is located.

Where ordinary enforcement is unavailable, the Court may maintain warrants, lawful orders, asset-preservation measures, transfer requests, cooperation requests, and other judicial measures authorised by this Treaty until lawful enforcement becomes possible, subject to judicial review.

Exceptional humanitarian protection measures under Article 46 are distinct from enforcement of a criminal sentence. An exceptional protective measure shall not be treated as authority to impose or increase a sentence.

Where a convicted person remains outside a jurisdiction willing and legally able to enforce the sentence, the Court shall maintain the judgment and may pursue lawful cooperation, transfer, surrender, asset recovery, and other recognised enforcement avenues without treating non-recognition as a cancellation of the judgment.

ARTICLE 36

Cooperation Between States Parties

States Parties shall cooperate with the Court in good faith in the investigation, prosecution, trial, sentencing, and enforcement of offences and judgments falling within the jurisdiction of the Court.

Cooperation under this Treaty may be provided without physically transferring a person to the Court.

A State Party may arrest and detain a person subject to a lawful Court warrant within its territory and may retain custody of that person throughout the proceedings.

A State Party may provide a secure location for Court proceedings, including a police station, prison, detention facility, government facility, or other authorised location.

States Parties shall, where reasonably practicable, facilitate secure video-link proceedings so that the Court may conduct investigations, hearings, trials, sentencing proceedings, appeals, and other judicial proceedings while a person remains in State custody.

States Parties shall cooperate, where lawfully authorised, in: a. locating persons; b. arresting and detaining persons; c. securing persons for trial; d. facilitating remote Court proceedings; e. collecting and preserving evidence; f. obtaining witness testimony; g. protecting victims and witnesses; h. serving Court documents and orders; i. enforcing imprisonment; j. enforcing fines and financial penalties; k. enforcing restitution and compensation orders; l. freezing, seizing, confiscating, and recovering criminal proceeds and property; m. enforcing lawful deportation or removal orders; n. preventing escape or evasion of Court sentences; and o. carrying out other lawful Court orders.

States Parties shall designate appropriate national authorities or contact points responsible for communicating with the Court and coordinating requests for cooperation.

Cooperation requests may be transmitted through secure electronic systems where appropriate, and States Parties shall seek to avoid unnecessary administrative or physical delays.

A State Party shall respond to a lawful request from the Court within a reasonable period and shall provide reasons where it is unable to comply.

Where a State Party cannot comply with a request because of a mandatory provision of its national law, it shall notify the Court and, where possible, propose an alternative lawful means of achieving the purpose of the request.

States Parties shall not refuse cooperation solely because: a. the person concerned is a national of that State; b. the person holds public office; c. the person is a monarch, president, minister, military commander, political leader, religious leader, or other public figure; d. the person is wealthy or influential; or e. the person does not recognise the authority of the Court.

States Parties shall take reasonable measures to prevent persons subject to lawful Court warrants or sentences from escaping enforcement by moving between jurisdictions.

States Parties may voluntarily provide greater cooperation than is expressly required by this Treaty.

States Parties may enter into bilateral or multilateral arrangements with one another concerning detention, remote proceedings, evidence, witness protection, transportation, prisoner transfers, financial enforcement, and other matters connected with the work of the Court.

Where several States Parties are able to assist with the same matter, the Court may coordinate their cooperation according to the requirements of justice, practicality, safety, and efficiency.

States Parties shall cooperate in protecting Court judges, prosecutors, investigators, defence representatives, witnesses, victims, Court staff, and Court Enforcement Officers where their participation creates a credible security risk.

States Parties shall cooperate in investigating and prosecuting offences against the administration of the Court, including bribery, intimidation, obstruction, evidence tampering, threats, and interference with proceedings.

A State Party may request assistance from the Court where a matter within its national jurisdiction also involves serious international criminal conduct falling within the jurisdiction of the Court.

Cooperation shall be provided consistently with the fundamental rights and protections established by this Treaty.

Nothing in this Article shall require a State Party to surrender a person to the physical custody of the Court where the State Party is able and willing to lawfully arrest, detain, facilitate remote proceedings, and enforce the Court's judgment or sentence within its own jurisdiction.

Physical transfer or surrender may nevertheless be requested where the Court determines that it is necessary for the administration of justice and cannot reasonably be achieved through State custody and remote proceedings.

The Court may establish secure international communication systems for cooperation between States Parties, including systems for warrants, judicial orders, evidence, custody information, and enforcement records.

States Parties shall protect confidential information received from the Court and shall use such information only for lawful purposes connected with the request, unless otherwise authorised.

A State Party shall not knowingly disclose protected information where disclosure would create an unreasonable risk to a victim, witness, investigation, judicial proceeding, or other protected person.

The Court may recognise and record the cooperation provided by States Parties and may publish information concerning cooperation where doing so does not compromise security, privacy, or ongoing proceedings.

The Rules of the Court shall establish detailed procedures concerning cooperation requests, national contact points, electronic communication, arrest and detention, remote proceedings, evidence, witness protection, enforcement, confidentiality, refusal of cooperation, and dispute resolution. Cooperation concerning matters specifically governed by Articles 53–56 shall follow those specialised provisions. This Article remains the general cooperation framework and shall not be read to duplicate or displace the specialised rules.

For the avoidance of doubt, evidence cooperation is a separate category of cooperation from person surrender and sentence enforcement. A State, Court Party, other State, organisation, institution, victim, witness, or other lawful source may provide evidence to the independent Court or Office of the Prosecutor without thereby consenting to a particular sentence or to enforcement of that sentence within any particular territory, except where a separate lawful obligation expressly applies.

States Parties may designate secure national contact points for the transmission of evidence to the independent Office of the Prosecutor. Such contact points shall not have authority to direct prosecutorial decisions or judicial outcomes.

Where domestic law prevents direct transmission of particular material, the State Party and the Court shall, where reasonably possible, identify a lawful alternative including protected transmission, redaction, summary, source-protected lead, derivative evidence, or another lawful investigative mechanism.

ARTICLE 37

Financial Independence and Funding

The Court shall maintain financial independence from governments, political parties, public authorities, corporations, donors, and other persons or organisations capable of seeking to influence its judicial decisions.

The Court shall not depend upon compulsory financial contributions from States Parties for its ordinary operation.

The Court shall seek to operate at the lowest reasonable cost while maintaining the independence, security, fairness, and effectiveness of its judicial functions.

The Court may operate primarily through secure digital systems and remote working arrangements, reducing the need for permanent buildings, offices, travel, accommodation, and other unnecessary expenditure.

The lawful sources of funding available to the Court may include, subject to the transparency and audit procedures in Rules 236–237: a. voluntary contributions from members of the public; b. voluntary contributions from organisations and civil-society bodies; c. lawful charitable or philanthropic contributions; d. membership or participation contributions where established by the Court; e. lawful revenue generated through digital platforms, social-media activity, broadcasting, educational material, publications, licensing, or other Court-related activities; f. grants from independent charitable, educational, humanitarian, or civil-society organisations where acceptance does not compromise judicial independence; g. lawful proceeds recovered or ordered to be paid under Court judgments where this Treaty expressly permits their use; h. voluntary contributions or assistance from States Parties where acceptance does not create an obligation or influence over judicial decisions; and i. any other lawful source approved under the financial rules of the Court.

No person, government, organisation, donor, sponsor, business, political group, or other contributor shall obtain the right to influence: a. judicial decisions; b. prosecutorial decisions; c. investigative decisions; d. appointment or removal of judges or prosecutors; e. arrest warrants; f. sentencing; g. enforcement decisions; or h. any other judicial or prosecutorial function, as a condition of providing financial or other support.

The Court shall not accept funding where there are reasonable grounds to believe that the contribution is intended to bribe, improperly influence, control, manipulate, or compromise the Court.

The Court shall establish transparent procedures for declaring significant contributions and identifying potential conflicts of interest.

The Court may refuse, return, restrict, or place conditions upon a contribution where necessary to protect its independence or public confidence.

No contributor shall acquire ownership, control, voting rights, judicial authority, appointment rights, or other institutional power over the Court merely by providing financial support.

The Court may generate lawful income through public broadcasting and digital media activities, including advertising, subscriptions, sponsorship arrangements, educational content, licensing, and other lawful digital revenue, provided that such activities do not interfere with judicial independence or the integrity of proceedings.

Commercial sponsorship shall not be permitted to influence the content, timing, outcome, publicity, or treatment of an individual case.

Advertising, sponsorship, or other commercial material shall be kept separate from judicial decisions and official Court records.

The Court may establish voluntary public membership or supporter programmes to allow members of the public to contribute to the continued operation of the Court.

Membership, donations, subscriptions, or other financial contributions shall not provide any person with special access to judges, prosecutors, evidence, witnesses, confidential information, or judicial decision-making.

The Court shall maintain financial records sufficient to demonstrate how its funds are received and spent.

The Court shall publish appropriate financial reports so that the public can examine its sources of funding and significant expenditure.

Financial information concerning individual donors may be protected where disclosure would create a genuine risk to personal safety, privacy, or other lawful interests, subject to the transparency requirements established by the Court.

The Court shall seek to minimise unnecessary expenditure on buildings, offices, travel, accommodation, equipment, and administration through remote and shared working arrangements.

Judges, prosecutors, investigators, defence representatives, and other Court personnel may perform their functions remotely where appropriate, subject to the applicable provisions of this Treaty.

The Court may establish voluntary compensation or reimbursement arrangements for judges, prosecutors, investigators, witnesses, victims, experts, and other participants where financially sustainable.

No person shall be required to make a financial contribution to obtain justice, submit a complaint, provide evidence, or participate in proceedings.

The Court shall not refuse to consider a serious matter solely because the person bringing the matter cannot afford a fee.

Court funds shall be used primarily for the administration of justice, including investigations, judicial proceedings, technology, evidence preservation, victim and witness protection, legal assistance, enforcement, security, and essential administration.

The Court may establish an emergency reserve to maintain essential operations during periods of financial difficulty or unexpected loss of income.

The Court shall establish safeguards preventing any single donor, sponsor, organisation, government, or financial contributor from becoming sufficiently influential to threaten the independence of the Court.

The financial rules of the Court, including Rules 236–237, shall be publicly available and shall establish procedures concerning donations, sponsorship, digital revenue, financial reporting, conflicts of interest, expenditure, reserves, auditing, and financial independence.

Nothing in this Article shall prevent the Court from receiving voluntary assistance in the form of equipment, technology, professional services, facilities, or other resources where such assistance is lawful, transparent, and does not compromise the independence of the Court.

ARTICLE 38

Court Administration and Remote Operations

The Court shall have a Registry responsible for the administrative and procedural support necessary for the proper functioning of the Court, including the maintenance of Court records, filings, communications, official registers, and other functions assigned to it by this Treaty and the Rules of the Court (see Rule 238).

The Registry shall operate independently and impartially in the discharge of its administrative and procedural functions. The structure, organisation, leadership, appointment, terms of service, powers, and other conditions relating to the Registry shall be established in accordance with this Treaty and the Rules of the Court (see Rule 238 and Rules 188–200).

The Court shall maintain an administrative structure sufficient to support the independent and effective administration of justice.

The Court shall operate primarily through secure digital and remote systems where reasonably practicable.

The Court shall not be required to maintain a permanent central headquarters or extensive physical infrastructure.

Judges, prosecutors, investigators, defence representatives, administrative personnel, experts, interpreters, and other authorised participants may perform their functions remotely from different countries, subject to the security and procedural requirements of the Court.

The Court may establish regional, national, or temporary offices where necessary for investigations, hearings, evidence collection, victim support, witness protection, enforcement, or other judicial functions.

Any physical offices established by the Court shall be proportionate to its operational needs and available financial resources.

The Court may use secure digital systems for: a. filing applications and complaints; b. issuing and receiving judicial documents; c. communicating with States Parties; d. conducting hearings and trials; e. storing and examining evidence; f. maintaining case files; g. communicating with victims, witnesses, prosecutors, defence representatives, and other participants; h. maintaining warrants and judicial orders; i. managing financial and administrative records; and j. other lawful Court functions.

The Court shall maintain appropriate safeguards for cybersecurity, authentication, access control, confidentiality, evidence integrity, and protection against unauthorised interference.

The Court may establish secure digital identity and authentication systems for judges, prosecutors, investigators, lawyers, witnesses, victims, experts, interpreters, State authorities, and other authorised users.

The Court shall maintain reliable records of proceedings, decisions, evidence, warrants, judgments, sentences, and other official documents.

Digital records shall be protected against unauthorised alteration, destruction, deletion, or interference.

Where technically practicable, important Court records shall be securely backed up in more than one location or jurisdiction to reduce the risk of loss.

The Court may use secure cloud, distributed, encrypted, or other appropriate technology for the storage and protection of Court records.

The Court shall establish procedures for verifying the identity of participants appearing remotely.

The Court may require participants to appear from secure locations where necessary to protect proceedings, evidence, witnesses, or other persons.

The Court may temporarily suspend or relocate remote proceedings where a serious technical, security, or operational problem prevents a fair proceeding.

Technical difficulties shall not be used deliberately to obstruct or delay justice.

The Court may provide reasonable technical assistance to participants who lack the equipment or connectivity necessary to participate effectively in proceedings.

The Court may establish minimum technical standards for video, audio, document transmission, evidence presentation, recording, and secure communication.

The Court may permit authorised personnel to use their own suitable equipment for remote work where the equipment meets the Court's security requirements.

The Court shall seek to minimise unnecessary travel and accommodation costs by using remote participation wherever it can provide an equivalent and fair means of participation.

Administrative personnel may be distributed across different countries and may work on a rotating, part-time, voluntary, or contract basis where appropriate and lawful.

The Court may use volunteers, interns, contracted specialists, and other contributors where appropriate, provided that their duties, confidentiality obligations, qualifications, and accountability are clearly established.

No volunteer, contractor, or external contributor shall exercise judicial or prosecutorial authority unless formally appointed to an office that lawfully carries such authority under this Treaty.

The Court may establish specialist administrative teams for technology, cybersecurity, finance, translation, evidence management, communications, victim support, and other necessary functions.

The Court shall maintain continuity arrangements to ensure that essential judicial functions can continue during serious technical failures, cyberattacks, natural disasters, armed conflict, or other emergencies.

The Court may establish alternative secure communication and hearing systems where its primary systems become unavailable.

The Court shall publish appropriate information concerning its administrative structure, official contact methods, and procedures so that members of the public can communicate with the Court.

The Court shall seek to maintain public accessibility while protecting confidential information and the security of judicial operations.

The Court's administration shall remain subordinate to the independent judicial, prosecutorial, investigative, and enforcement functions established by this Treaty.

The Registry and other authorised Court administrative personnel may administer the assignment of appointed judges to individual cases in accordance with the independent judicial assignment procedure established by this Treaty and the Court Rules. This administrative function shall not permit administrative personnel to direct, influence, remove, replace, or otherwise interfere with a judge's judicial decision, and shall remain subject to the conflict, recusal, impartiality, security, and judicial-integrity safeguards established by this Treaty and the Rules.

The Rules of the Court shall establish detailed procedures concerning remote operations, cybersecurity, digital records, technical standards, administrative personnel, continuity arrangements, volunteers, contractors, and physical facilities.

ARTICLE 39

Court Enforcement Officers — Service Functions

The Court may establish and maintain Court Enforcement Officers as part of the Court Enforcement Service established and governed by Article 55. This Article sets out service functions; Article 55 governs status, authority, cross-border enforcement, and cooperation.

Court Enforcement Officers shall assist the Court in carrying out lawful judicial and enforcement orders issued under this Treaty.

The Court Enforcement Officers may, where lawfully authorised: a. locate persons subject to Court warrants; b. arrest persons subject to lawful Court warrants; c. detain or secure persons pending transfer or other lawful proceedings; d. transport or transfer persons in accordance with Court orders; e. assist States Parties with custody and enforcement; f. secure and preserve evidence; g. assist with lawful searches and seizures; h. identify, freeze, seize, recover, or secure property connected with offences; i. enforce confiscation and forfeiture orders; j. assist with lawful deportation or removal orders; k. protect victims, witnesses, judges, prosecutors, investigators, defence representatives, and Court personnel where authorised; l. prevent escape or interference with Court proceedings; and m. perform other lawful enforcement functions authorised by the Court.

Court Enforcement Officers shall operate under the authority of the Court and shall remain independent of political parties, governments, private organisations, donors, and other external interests.

Court Enforcement Officers shall not exercise powers beyond those granted to them by this Treaty, a lawful Court order, or an applicable cooperation agreement.

Court Enforcement Officers operating within a State Party shall respect the jurisdiction and lawful requirements of that State while carrying out the Court's orders.

Court Enforcement Officers may operate jointly with national police, prison services, border authorities, customs authorities, prosecutors, or other competent national authorities.

A State Party may request assistance from Court Enforcement Officers where additional international enforcement capability is necessary or useful.

Court Enforcement Officers may be deployed across more than one State where authorised under this Treaty and where the necessary legal authority and cooperation arrangements exist.

The Court may establish regional or temporary enforcement teams rather than maintaining permanent offices in every country.

Court Enforcement Officers may be appointed from different States and may perform administrative, investigative, coordination, or other functions remotely where physical presence is unnecessary.

Officers shall receive appropriate training concerning: a. this Treaty; b. international law; c. human rights and fundamental protections; d. lawful arrest and detention; e. evidence preservation; f. victim and witness protection; g. use-of-force requirements; h. cross-border cooperation; and i. any other duties relevant to their functions.

Any use of force by Court Enforcement Officers shall be lawful, necessary, proportionate, and subject to the strictest applicable legal requirements.

Court Enforcement Officers shall not use force as punishment or retaliation.

Officers shall respect the dignity and fundamental rights of persons subject to Court orders.

Arrests shall be carried out pursuant to a valid Court warrant or other lawful authority recognised under this Treaty, except where an immediate arrest is otherwise expressly authorised by this Treaty.

A person arrested by a Court Enforcement Officer shall be informed of the reason for arrest and their relevant rights as soon as reasonably practicable.

Court Enforcement Officers may request the assistance of national authorities where national powers are required to complete an arrest, search, seizure, detention, transfer, deportation, or other enforcement action.

Court Enforcement Officers shall not interfere with the independence of judges, prosecutors, defence representatives, or investigators.

Court Enforcement Officers may assist with the enforcement of imprisonment, fines, restitution, compensation, confiscation, forfeiture, property recovery, deportation, removal, and other lawful sentences.

Where a State Party is already capable of carrying out an enforcement action, the Court may allow the State Party to perform that function without deployment of Court Enforcement Officers.

The Court shall therefore not be required to maintain a large permanent enforcement force where cooperation from States Parties can adequately carry out its lawful orders.

The Court may establish a reserve or roster of qualified enforcement personnel who can be called upon when necessary.

The Court may appoint officers on a permanent, temporary, part-time, contractual, or other lawful basis according to operational needs and available resources.

The Court shall establish procedures for complaints, disciplinary action, investigation of misconduct, suspension, dismissal, and accountability of Court Enforcement Officers.

Serious misconduct, unlawful violence, corruption, bribery, abuse of authority, deliberate evidence tampering, unlawful detention, or other serious abuse by an Enforcement Officer may constitute an offence under this Treaty or applicable national law.

The Court shall maintain appropriate records of enforcement operations, including arrests, transfers, searches, seizures, use of force, and other significant actions.

The Court may establish secure systems for coordinating Enforcement Officers with States Parties, prosecutors, investigators, judges, prisons, police, and other competent authorities.

Nothing in this Article prevents States Parties from exercising their own lawful enforcement powers in support of the Court.

The Rules of the Court shall establish detailed procedures governing the appointment, authority, training, deployment, powers, use of force, cooperation, accountability, discipline, and oversight of Court Enforcement Officers.

A person shall not be excluded from appointment or service as a Court Enforcement Officer solely because they are a serving member of a military, reserve military force, police service, emergency service, security service, or other lawful public service.

Court Enforcement Officers may serve on a full-time, part-time, occasional, voluntary, reserve, or other flexible basis according to the needs of the Court and the availability of the officer.

A serving military or reserve military member appointed as a Court Enforcement Officer shall exercise their Court functions independently and under the authority of the Court when acting in that capacity.

A Court Enforcement Officer shall not use their position within a military, reserve military, police, or other organisation to improperly influence or obtain authority for the Court beyond that which has been lawfully granted.

Where an officer's employment or service creates an actual conflict of interest in a particular operation, the Court may require that officer to withdraw from that operation.

Nothing in this Article prevents military, reserve military, police, emergency-service, or other public-service personnel from voluntarily contributing their lawful skills, training, experience, or specialist knowledge to the Court outside their ordinary employment duties.

The Court may establish different categories of Enforcement Officer according to their availability, qualifications, training, specialist skills, and intended level of service. Article 39 provides the general institutional/service framework for Court Enforcement Officers. Article 55 is the specialised framework for their status, authority and cross-border enforcement and controls where the two provisions address the same subject.

ARTICLE 40

International Organisations and External Cooperation

The Court may cooperate with international, regional, national, humanitarian, human-rights, civil-society, charitable, academic, professional, and other organisations where such cooperation may assist the administration of justice.

Such organisations may provide information, evidence, expert assistance, witnesses, technical assistance, humanitarian assistance, specialist knowledge, or other lawful support to the Court.

The Court may receive information or evidence from organisations including humanitarian organisations, human-rights organisations, international monitoring bodies, professional associations, research institutions, and other credible organisations.

The Court may establish formal or informal cooperation arrangements with organisations where necessary to facilitate investigations, evidence collection, victim support, witness protection, translation, expert analysis, digital evidence preservation, or other lawful functions.

Cooperation with an organisation shall not give that organisation authority over the Court, its judges, prosecutors, investigators, defence representatives, Enforcement Officers, or other Court personnel.

No organisation shall have the right to determine whether the Court investigates, prosecutes, convicts, acquits, sentences, or otherwise decides a particular case.

The Court may independently assess information received from an organisation and shall determine the evidential value and reliability of that information.

An organisation may voluntarily provide information concerning suspected offences falling within the Court's jurisdiction without requiring a formal referral where permitted under this Treaty.

The Court may initiate or continue an independent investigation after receiving information from an organisation where the Court considers that the information provides a sufficient basis for investigation.

The Court may request information or assistance from an organisation where such assistance may materially assist an investigation or proceeding.

Organisations cooperating with the Court may be required to preserve relevant evidence and information in their possession, subject to their legal obligations and applicable confidentiality requirements.

The Court may establish procedures for receiving protected information from humanitarian organisations where disclosure could endanger victims, witnesses, aid workers, investigators, or other persons.

The Court shall take reasonable measures to protect confidential sources and whistleblowers who provide information concerning serious criminal conduct.

The Court may permit qualified organisations to participate in proceedings as observers, amici curiae, experts, or other authorised participants where their participation would assist the Court.

Participation by an organisation shall not create a right to intervene in judicial decision-making.

The Court may cooperate with international organisations concerning the location, identification, protection, detention, transfer, or other lawful treatment of persons subject to Court orders where such cooperation is lawful.

The Court may cooperate with organisations concerning the recovery, preservation, identification, or analysis of evidence located in different countries.

The Court may cooperate with organisations specialising in: a. genocide and mass atrocities; b. war crimes; c. crimes against humanity; d. human trafficking and sexual exploitation; e. crimes against children; f. financial crime and corruption; g. cybercrime and digital evidence; h. environmental crime; i. forensic investigation; j. victim and witness protection; k. missing persons and identification; l. humanitarian assistance; and m. other areas relevant to the jurisdiction of the Court.

The Court may cooperate with international law-enforcement and judicial networks where such cooperation assists lawful investigations, arrests, detention, evidence collection, or enforcement.

Cooperation shall not require the Court to adopt the political position, policies, conclusions, or institutional interests of the organisation providing assistance.

The Court shall remain independent from all external organisations and shall make its own judicial, prosecutorial, investigative, and enforcement decisions.

The Court may refuse cooperation or information where it considers that accepting it would compromise judicial independence, create a conflict of interest, threaten the fairness of proceedings, or create an unacceptable security risk.

No organisation shall receive preferential treatment in Court proceedings solely because it has provided funding, evidence, information, personnel, technical assistance, or other support.

Any financial or material support provided by an organisation shall remain subject to Article 37 concerning financial independence.

The Court may publicly acknowledge organisations that provide lawful assistance where doing so does not compromise investigations, victims, witnesses, confidentiality, or judicial independence.

The Court may establish a public register of approved cooperation agreements and participating organisations, subject to appropriate security and confidentiality protections.

Nothing in this Article prevents individuals, organisations, or members of the public from providing information concerning suspected offences directly to the Court.

The Court may consider information from multiple independent sources and may initiate its own investigation where the combined information provides a reasonable basis for doing so.

The Rules of the Court shall establish detailed procedures concerning cooperation agreements, information received from organisations, evidence, confidentiality, expert participation, observers, humanitarian organisations, human-rights organisations, law-enforcement cooperation, conflicts of interest, and external assistance. External cooperation involving matters specifically addressed by Articles 53–56 shall be carried out under those specialised provisions. This Article supplies the general framework for cooperation with external organisations and does not independently confer coercive powers.

ARTICLE 41

Relationship with National Courts

The Court shall operate alongside national courts and shall not ordinarily prevent a competent national court from exercising jurisdiction over an offence.

The Court may exercise jurisdiction where an offence falls within this Treaty and: a. the offence is of such seriousness or international significance that intervention by the Court is justified; b. national authorities are unwilling or genuinely unable to investigate or prosecute the matter; c. national proceedings are being used to shield a person from genuine accountability; d. national proceedings are manifestly inadequate to secure justice; e. the offence involves conduct affecting multiple States; f. the offence involves serious international criminal conduct; or g. another basis for the Court's jurisdiction exists under this Treaty.

The Court may investigate or prosecute a matter independently of national proceedings where the Court has lawful jurisdiction.

National proceedings shall not prevent the Court from acting where the Court determines that the national proceedings are not genuine, independent, or sufficient to address the alleged conduct.

Where both a national court and the Court are considering substantially the same matter, the Court and the national authorities may communicate and cooperate to avoid unnecessary duplication.

The Court may request national authorities to preserve evidence, protect witnesses, secure persons, or take other urgent measures while the Court considers whether to exercise jurisdiction.

A State Party may refer a matter to the Court, but a referral shall not be required where the Court is otherwise authorised to act under this Treaty.

The Court may take jurisdiction over conduct discovered during another lawful investigation where the newly identified conduct falls within the Court's jurisdiction.

No person shall be exempt from the Court's jurisdiction solely because they have already held, or currently hold, a position within a national government, military, police force, judiciary, monarchy, public authority, international organisation, corporation, or other institution.

Where a person has been finally convicted or acquitted by a competent national court, the Court shall consider the principle against double prosecution, subject to the exceptions established by this Treaty where the national proceedings were fraudulent, corrupt, intended to shield the person from accountability, or otherwise fundamentally defective.

The Court may recognise national investigative material, evidence, judgments, warrants, and other lawful records where appropriate.

The Court may request assistance from national courts concerning evidence, witnesses, expert testimony, legal records, and other judicial matters.

Nothing in this Article prevents a State Party from exercising wider jurisdiction under its own national law.

The Rules of the Court shall establish procedures for determining priority, cooperation, concurrent jurisdiction, national proceedings, referrals, and related matters.

ARTICLE 42

Jurisdiction and Territorial Scope

The Court shall have jurisdiction over offences expressly falling within this Treaty.

The Court may exercise jurisdiction where: a. the offence was committed wholly or partly within the territory or other lawful jurisdictional area of a State Party or separately admitted Court Party; b. the accused is a national or lawful resident of a State Party, or has another lawful territorial, personal, or jurisdictional connection with a separately admitted Court Party; c. a victim is a national of a State Party, or has another lawful territorial, personal, or jurisdictional connection with a separately admitted Court Party, where the requirements of this Treaty are satisfied; d. the conduct substantially affects a State Party or separately admitted Court Party or its population; e. the accused is located within a State Party or within the lawful jurisdiction of a separately admitted Court Party and the offence falls within the Court's jurisdiction; f. the conduct occurred on a vessel, aircraft, or other location subject to the jurisdiction of a State Party or separately admitted Court Party; or g. another lawful basis for jurisdiction exists under this Treaty.

The Court may exercise jurisdiction over conduct occurring outside the territory or other lawful jurisdictional area of States Parties or separately admitted Court Parties where the conduct falls within the jurisdiction of the Court and a lawful jurisdictional connection exists.

The Court may investigate conduct occurring across multiple countries where the alleged offences form part of the same criminal conduct, plan, organisation, or course of events.

The Court may investigate serious international crimes regardless of whether the conduct was committed during peace or armed conflict.

The Court may exercise jurisdiction over individuals, organisations, corporations, groups, and other entities where this Treaty provides for such responsibility.

The Court may exercise jurisdiction over persons who attempt to evade its jurisdiction by moving between States or by transferring assets, evidence, or proceeds of crime between jurisdictions.

Jurisdiction shall not be defeated solely because the person accused has changed nationality, residence, political status, employment, military status, or place of residence after the alleged offence.

No official position shall provide immunity from the Court's jurisdiction where the requirements of this Treaty are satisfied.

The Court may investigate connected conduct necessary to establish responsibility for an offence within its jurisdiction.

The Court shall determine questions concerning its own jurisdiction in accordance with this Treaty.

Jurisdictional disputes between the Court and national authorities shall be determined according to this Treaty and the applicable procedures established by the Court.

Nothing in this Article prevents States Parties from exercising jurisdiction over conduct under their own national laws.

The jurisdiction and administration of the Court shall be geographically neutral. The place where an investigation, hearing, remote session, evidence transmission, detention, or enforcement activity occurs shall not by itself determine the outcome of proceedings or create a procedural preference for any State.

Where conduct, victims, witnesses, accused persons, evidence, assets, or other relevant facts are located in multiple States or regions, the Court may coordinate proceedings and evidence through secure remote systems, regional hearing locations, neutral facilities, or other lawful arrangements.

Geographic separation shall not prevent a proceeding from continuing where the Court can provide effective participation, secure evidence, fair disclosure, competent interpretation, confidential legal communication, and judicial oversight.

Where geographic conditions create a genuine and material risk to a fair trial, the Court shall take corrective measures before proceeding, including relocation, remote participation, additional preparation time, translation, technical support, witness protection, or other appropriate safeguards.

ARTICLE 43

Special Safeguards for Fundamental Amendments

Article 8 governs the ordinary amendment procedure for this Treaty. This Article establishes additional safeguards for amendments of fundamental constitutional importance.

An amendment affecting the jurisdiction of the Court, its fundamental rights guarantees, judicial independence, prosecutorial independence, sentencing authority, capital-punishment authority, or core enforcement powers shall require approval by at least three-fourths of all States Parties and ratification, acceptance, or approval by at least two-thirds of all States Parties, in accordance with their constitutional or legal requirements. Such an amendment shall also receive formal consideration through the Court Assembly, including participation by separately admitted Court Parties, without replacing the State Party approval and ratification thresholds.

No fundamental amendment shall remove the right to a fair trial, the presumption of innocence, the prohibition of retroactive criminal liability, the prohibition on capital punishment for offences committed under eighteen, or the independence and impartiality of the judiciary.

An amendment shall not retrospectively create criminal liability or increase the applicable penalty for conduct already committed. Where the law applicable before final judgment changes, the more favourable provision for the accused shall apply.

No amendment shall be used to alter the outcome of a pending individual case, interfere with an individual judicial decision, or confer immunity from responsibility for conduct already within the Court's lawful jurisdiction.

The Depositary and the Court shall maintain and publish an official record of proposed, adopted, ratified, accepted, rejected, and withdrawn amendments and their dates of entry into force.

The Rules of the Court (see Rule 212) may establish administrative procedures for proposing, circulating, recording, and publishing amendments but shall not alter the voting or ratification thresholds established by this Treaty. Article 43 is a special safeguard provision and does not create a separate general amendment route. Article 8 continues to govern proposal and general amendment procedure except to the extent Article 43 expressly imposes additional requirements.

Any amendment adopting or changing the consolidated Founder proposals concerning protected developmental age, three-year judicial accountability, connected offences and mass-casualty harm, cumulative sentencing, humanitarian protection independent of criminal outcome, sentencing authority, capital eligibility, jurisdiction, fundamental rights, judicial independence, or core enforcement powers shall be classified and processed under the heightened safeguards of this Article. No such amendment may retrospectively create criminal liability or increase the applicable penalty for conduct already committed.

An amendment that directly alters the status, participation, governance rights, judicial participation rights, or institutional protections of separately admitted Court Parties shall, in addition to the applicable State Party requirements of this Article, require approval by a majority of the separately admitted Court Parties participating in a decision of the Court Assembly before the amendment may take effect within the Court Party framework.

The Court Assembly shall identify and record whether a proposed amendment directly affects Court Party rights. Where that determination is disputed, the Court Assembly shall provide a transparent process for submissions and an independent procedural determination under the Rules.

Nothing in this Article gives a Court Party the power to ratify or accept the Treaty on behalf of a State, and no Court Party approval requirement shall be interpreted as conferring sovereignty, State Party status, or a general veto over amendments that do not directly alter Court Party constitutional rights.

ARTICLE 44

Withdrawal and Termination

A State Party may withdraw from this Treaty by providing written notification in accordance with the procedures established by the Treaty.

Withdrawal shall not release a State Party from obligations arising from conduct, proceedings, judgments, sentences, financial obligations, or other matters occurring before the effective date of withdrawal.

Withdrawal shall not terminate the Court's jurisdiction over offences committed while the State was a Party where the Court otherwise has jurisdiction under this Treaty.

Withdrawal shall not automatically invalidate an arrest warrant, judgment, sentence, confiscation order, restitution order, or other lawful Court decision concerning conduct within the Court's jurisdiction.

A State Party withdrawing from the Treaty shall continue to cooperate with the Court concerning proceedings or enforcement obligations that arose before withdrawal, subject to applicable law.

A State Party shall not use withdrawal to prevent investigation or prosecution of serious offences already within the Court's jurisdiction.

The Court may continue proceedings concerning a person or conduct falling within its jurisdiction notwithstanding the subsequent withdrawal of a State Party.

Withdrawal shall not prevent other States Parties from continuing to cooperate with the Court concerning matters connected to the withdrawing State.

The Treaty shall continue in force among the remaining States Parties unless terminated in accordance with this Article.

The Treaty shall not be terminated merely because one or more States withdraw.

Any proposal to terminate the Treaty as a whole shall require the approval of the States Parties according to procedures established by the Treaty.

Termination shall not extinguish obligations concerning offences, judgments, sentences, victims, witnesses, evidence, property, or other matters arising before termination.

ARTICLE 45

Dispute Resolution

Any dispute concerning the interpretation or application of this Treaty shall, where possible, first be addressed through good-faith consultation between the parties concerned.

Where consultation does not resolve the dispute, the parties may seek mediation, conciliation, arbitration, or another peaceful method agreed between them.

Where a dispute concerns the interpretation or application of the Court's judicial powers, the Court may determine the matter within the limits of its jurisdiction under this Treaty.

A dispute between a State Party and the Court shall not permit the State Party to disregard a final lawful judgment or order of the Court merely because the State disagrees with it.

Nothing in this Article prevents the Court from continuing an investigation, trial, appeal, enforcement action, or other lawful proceeding while a dispute concerning cooperation or interpretation is being resolved.

The parties shall seek to resolve disputes without threats, retaliation, violence, coercion, or interference with judicial independence.

The Court may establish procedures for urgent resolution of disputes where delay could endanger victims, witnesses, evidence, persons in custody, or the administration of justice.

Dispute-resolution proceedings may be conducted remotely by secure video link where appropriate.

Records of final dispute-resolution decisions shall be maintained and, where appropriate, made publicly available subject to lawful confidentiality and security protections.

The Rules of the Court shall establish detailed procedures concerning consultation, mediation, arbitration, jurisdictional disputes, urgent disputes, cooperation disputes, and other matters arising under this Article.

ARTICLE 46

Emergency and Exceptional Circumstances

The Court may adopt temporary emergency measures where exceptional circumstances seriously threaten the administration of justice, the safety of persons, the preservation of evidence, or the continued operation of the Court.

Exceptional circumstances may include: a. armed conflict; b. natural disasters; c. widespread civil disorder; d. major cyberattacks; e. serious threats against Court personnel; f. destruction or loss of essential evidence; g. widespread disruption of communications; h. a major public-health emergency; or i. other circumstances that materially prevent the normal operation of the Court.

Emergency measures shall be limited to what is reasonably necessary to address the exceptional circumstances.

Emergency circumstances shall not remove or permanently suspend the fundamental rights guaranteed by this Treaty.

The Court may temporarily conduct proceedings through alternative secure communication systems where its ordinary systems are unavailable.

The Court may permit hearings, trials, appeals, investigations, and other proceedings to continue remotely where physical attendance would be unsafe or impracticable.

The Court may temporarily relocate judicial or administrative functions to another secure jurisdiction where necessary.

A State Party may provide temporary facilities, detention arrangements, communications infrastructure, technical assistance, or other lawful support during an emergency.

Emergency arrangements shall not give a State Party, organisation, donor, military authority, or other external body control over the Court.

Emergency measures affecting a person's liberty shall remain subject to judicial oversight.

Where an emergency prevents a fair proceeding from continuing, the Court may postpone or suspend the affected proceeding until fairness can reasonably be restored.

Any period of emergency suspension shall be kept as short as reasonably practicable.

The Court shall maintain records of emergency measures and shall publish appropriate information concerning them when doing so does not create a security or other serious risk.

The Court may establish emergency succession arrangements for judges, prosecutors, investigators, administrators, and other essential personnel.

Nothing in this Article shall authorise the Court to create criminal liability retrospectively or to impose punishment outside the authority granted by this Treaty.

The Rules of the Court shall establish detailed emergency procedures, including continuity of operations, remote proceedings, emergency custody, cybersecurity incidents, relocation, succession, and restoration of normal operations.

This Article establishes an Exceptional Cross-Border Accountability and Humanitarian Protection mechanism for extraordinary situations in which continuing grave crimes create an immediate and substantial risk of further irreparable harm and ordinary lawful mechanisms cannot reasonably provide timely protection or accountability.

An exceptional declaration may be made only where the Court has an independent lawful jurisdictional basis over the relevant person or conduct and substantial, independently assessed evidence establishes that one or more persons subject to that jurisdiction are responsible, or are credibly alleged on substantial evidence to be responsible, for genocide, crimes against humanity, grave war crimes, unlawful initiation of armed conflict (aggression), systematic abduction or enforced disappearance, mass murder, trafficking, or another exceptionally grave offence expressly within the jurisdiction of the Court.

An exceptional declaration additionally requires that: (a) the conduct is continuing or there is a specific and immediate risk of further grave harm; (b) domestic accountability, cooperation, surrender, transfer, or other ordinary lawful mechanisms are unavailable, obstructed, or cannot reasonably provide timely protection; (c) delay creates a substantial risk of further loss of life, serious bodily or mental harm, disappearance of persons, destruction of material evidence, or other grave and irreparable harm; (d) the proposed measure is necessary and proportionate; (e) the measure is the least intrusive lawful measure reasonably capable of addressing the identified threat; and (f) the measure has a defined purpose, geographical and personal scope, duration, reporting requirement, and judicial review date.

The Court shall prioritise lawful cooperation with States Parties, non-Party States willing to assist, regional or international organisations, competent national authorities, humanitarian organisations, and other lawful actors before any more intrusive exceptional measure is considered.

A specially constituted judicial panel or other judicial body designated by the Rules may authorise exceptional protective measures. The judicial authorisation shall record the evidence relied upon, jurisdictional basis, necessity, proportionality, available alternatives, scope, duration, executing authority, and legal basis for any cross-border activity.

Where a State or competent authority lawfully agrees to receive, protect, extract, transfer, or otherwise assist an endangered person, the Court may coordinate the judicial measures necessary to support that lawful action.

No exceptional declaration under this Article, by itself, authorises Court personnel to enter the territory of a sovereign State, exercise sovereign governmental power there, use armed force there, occupy territory, annex territory, remove a government, or impose collective punishment. Any physical cross-border action must rest on a separate lawful jurisdictional, treaty-based, consent-based, host-State-authorised, collective-security, or other recognised legal basis.

Nothing in this Article authorises the Court to determine that armed force is lawful merely because the Court considers the objective beneficial to humanity. Questions concerning the use of armed force remain governed by Article 57 and applicable international law.

An exceptional measure shall cease when its legal conditions no longer exist or when the competent judicial body determines that continued use is no longer necessary and proportionate. Every exceptional measure shall be subject to continuing judicial review and may be varied, suspended, or terminated.

Nothing in this Article removes the presumption of innocence, alters the burden of proof, creates an offence, increases a penalty, creates capital eligibility, or retrospectively alters criminal responsibility.

ARTICLE 47

Entry into Force for Subsequent Parties and Amendments

The initial entry into force of this Treaty shall be governed by Article 9.

After the Treaty has entered into force, a State may become a State Party by completing the applicable ratification, acceptance, approval, or accession procedure and depositing the required instrument with the Depositary. A qualifying political community may establish a separate Court Party relationship only through the Article 52 procedure applicable to that entity.

A subsequent State Party shall become bound by the Treaty on the date specified by Article 9 or by the instrument of accession where that provision lawfully applies.

The Depositary shall notify existing and prospective States Parties of instruments deposited under this Treaty and shall maintain the official record of separately admitted Court Parties and the effective date or commencement of each such relationship.

An amendment shall enter into force only in accordance with Article 8 or Article 43, as applicable, and shall bind only those States for which the amendment has entered into force in accordance with its terms.

A State that has signed but not yet ratified, accepted, or approved the Treaty shall refrain, to the extent required by applicable international law, from acts that would defeat the object and purpose of the Treaty.

A State joining the Treaty after its initial entry into force shall assume the fundamental obligations of the Treaty, subject only to lawful transitional arrangements expressly provided by this Treaty or an applicable accession instrument.

The Court may establish procedures for integrating the national authorities, courts, police, prison services, enforcement bodies, and other relevant institutions of a new State Party into the cooperation framework, and separate procedures for implementing the lawful scope of participation of a newly admitted Court Party under Article 52.

Nothing in this Article prevents the Court from beginning lawful preparatory, administrative, technological, educational, or organisational activities before the Treaty enters into force.

The Rules of the Court shall establish administrative procedures for admission, national contact points, implementation, and commencement of cooperation, but shall not alter the legal requirements for entry into force.

No administrative procedure adopted under this Article shall itself create, expand, or remove the jurisdiction of the Court. Article 47 does not replace Article 9 for the Treaty's initial entry into force; it governs subsequent States Parties and amendments after the initial entry into force.

ARTICLE 48

Depositary and Registration

The Depositary shall be designated by the negotiating States through the Treaty or by another method agreed by the negotiating States. The designation may be made before or after the Treaty enters into force. The Depositary may be one or more States, an international organisation, or another entity lawfully capable of performing the functions of a treaty depositary. The Depositary shall perform its functions impartially and in accordance with this Treaty and applicable international law.

The Depositary shall communicate relevant formal acts to all States Parties.

The Depositary shall provide certified copies of the Treaty to States and other entities entitled to receive them.

The Depositary shall maintain an official record of the current status of participation in the Treaty.

The Treaty may be registered or deposited with an appropriate international body where such registration is legally available and considered appropriate by the States Parties.

Registration shall not confer judicial, political, or financial authority upon any external organisation over the Court.

The official text of the Treaty shall be securely preserved in physical and digital form.

The Court may maintain publicly accessible copies of the Treaty and its amendments.

The Depositary shall promptly notify the States Parties of: a. signatures; b. ratifications; c. acceptances; d. approvals; e. accessions; f. amendments; g. withdrawals; h. entry into force; and i. other formal acts concerning the Treaty.

The Rules of the Court (see Rule 217) may establish additional procedures for maintaining the official Treaty record.

The Depositary and the Court shall provide separately admitted Court Parties with the same official notices of proposed and adopted amendments, withdrawals, entry into force, and other Treaty acts that are relevant to their Court participation and rights. Such notice shall not constitute Treaty ratification or acceptance by a Court Party.

ARTICLE 49

Authentic Languages

The Treaty shall be made available in the languages designated by the founding States Parties.

The States Parties may designate one or more official authentic versions of the Treaty for purposes of interpretation.

Where multiple language versions are declared equally authentic, each shall have equal legal status.

Where a difference between authentic language versions arises, the Treaty shall be interpreted according to its ordinary meaning, context, purpose, and the principles of international law applicable to treaty interpretation.

The Court may provide translations of the Treaty, Court decisions, judgments, orders, evidence, and other official materials into additional languages where reasonably practicable.

A person appearing before the Court shall be provided with interpretation or translation reasonably necessary to understand and participate effectively in proceedings where required for a fair trial.

The Court may use secure remote interpretation services to reduce costs and enable participation across different countries.

No person shall be disadvantaged in judicial proceedings solely because they do not understand the language being used by the Court.

The Court may establish procedures for verifying the accuracy and integrity of official translations.

The Rules of the Court shall establish detailed provisions concerning official languages, interpretation, translation, certification, language rights, and resolution of discrepancies between language versions. Article 49 governs the authenticity and legal status of Treaty language versions; Article 10 separately governs the Court's working and procedural languages and language services in proceedings.

ARTICLE 50

Final Provisions

This Treaty shall constitute the founding legal instrument of the Court and shall be interpreted in a manner consistent with its purposes, principles, jurisdiction, independence, and fundamental rights.

Nothing in this Treaty shall be interpreted as granting any person, State, organisation, government, military force, political party, corporation, donor, or other external body authority to control the independent judicial functions of the Court.

The Court shall remain independent in its judicial, prosecutorial, investigative, administrative, and enforcement functions.

The provisions of this Treaty concerning fundamental rights, fair proceedings, judicial independence, and protection against corruption shall apply throughout the operation of the Court.

Where a provision of this Treaty conflicts with a mandatory rule of applicable international law, the Court shall interpret and apply the provision consistently with that rule to the greatest extent legally possible.

Nothing in this Treaty shall prevent States Parties from providing greater cooperation, stronger protections for victims, stronger safeguards for defendants, or more extensive assistance to the Court than the minimum requirements established by this Treaty.

The Court may adopt Rules of the Court, regulations, standards, codes of conduct, administrative procedures, and other instruments necessary to give practical effect to this Treaty.

Such instruments shall remain subordinate to this Treaty and shall not contradict its fundamental provisions.

The official records of the Court shall be preserved securely and, subject to lawful restrictions, made accessible to the public.

The Court shall periodically review its administrative, technological, financial, judicial, and enforcement arrangements to ensure that they remain effective, independent, secure, and proportionate to its resources.

The Court shall seek to maintain a low-cost and decentralised operating structure where this can be achieved without compromising justice, security, fairness, or independence.

The Court may continue to operate through remote and distributed personnel, including judges, prosecutors, investigators, defence representatives, Enforcement Officers, administrative personnel, experts, interpreters, and other authorised participants located in different countries.

Nothing in this Treaty requires the Court to maintain a permanent headquarters where its functions can be lawfully and effectively performed through secure distributed and remote arrangements.

The Court shall maintain appropriate mechanisms for public accountability, transparency, financial oversight, judicial independence, and protection against corruption.

The Treaty shall remain open to further development through lawful amendments adopted according to Article 43.

The official version of this Treaty, together with any duly adopted amendments, shall constitute the definitive legal framework governing the Court.

This Treaty shall enter into force in accordance with Article 9. Entry into force for subsequent States Parties and amendments shall be governed by Article 47.

The Articles of this Treaty shall be read together as a single legal instrument, and no Article shall be interpreted in isolation where doing so would defeat the purpose or operation of another provision.

The Court shall preserve the principles of justice, accountability, independence, transparency, fairness, mercy where appropriate, and protection of victims throughout its operation.

The final interpretation of this Treaty shall be determined through the lawful judicial and interpretative mechanisms established by the Treaty itself.

ARTICLE 51

Competency, Qualifications and Alternative Routes to Service

The Court shall not require a university degree as the sole means of demonstrating competence for judicial, prosecutorial, investigative, enforcement, administrative, research, or other roles where the relevant knowledge and skills can be demonstrated through an alternative competency process.

Where a position requires substantial knowledge of law, the applicant shall demonstrate that knowledge through a transparent and objectively assessed competency process established by the Court.

The competency process may include: a. written examinations; b. oral examinations or interviews; c. analysis of legal problems and hypothetical cases; d. interpretation of Treaty provisions; e. application of relevant law to evidence and factual circumstances; f. preparation of legal submissions or decisions; g. ethical and professional judgement assessments; h. practical exercises relevant to the proposed role; and i. other objectively relevant assessments established by the Court.

The Court shall publish the competencies, knowledge areas, standards, assessment methods, and minimum requirements applicable to each role.

Assessments shall be designed to determine whether an applicant genuinely possesses the knowledge and practical ability required for the role rather than merely whether the applicant possesses a particular educational qualification.

Previous professional experience, legal training, military or police service, judicial experience, investigative experience, academic study, professional qualifications, relevant specialist knowledge, or demonstrated practical competence may be taken into account.

An applicant shall not receive an appointment solely because of wealth, political influence, personal connections, social status, family status, public position, or possession of a particular academic title.

Where a degree or professional licence is legally required for a particular function under applicable national law, the Court shall respect that requirement where it applies to the exercise of that function within the relevant jurisdiction.

The Court may establish different competency levels according to the responsibilities of each position.

Persons seeking judicial or prosecutorial authority shall be required to demonstrate a substantially higher level of legal knowledge, reasoning, independence, ethics, and practical competence than persons seeking administrative or supporting roles.

A person who does not initially meet the required competency standard may be permitted to undertake further training and retake the assessment according to procedures established by the Court.

Assessment procedures shall be designed to prevent favouritism, bribery, discrimination, political interference, or other improper influence.

Where reasonably practicable, examinations and assessments shall be independently marked or reviewed by more than one appropriately qualified assessor.

The Court shall maintain records sufficient to demonstrate that appointments were made according to the published competency requirements.

Candidates shall be informed of the assessment criteria applicable to them before undertaking an examination or competency assessment.

A candidate who believes that an assessment was affected by serious procedural error, bias, corruption, discrimination, or improper conduct may request review in accordance with the Rules of the Court (see Rule 240).

The Court may publish anonymised competency standards, sample examinations, assessment guidance, and training materials so that members of the public can understand how competence is established.

The competency process shall not be designed to favour applicants who have attended a particular university, belong to a particular professional organisation, or possess a particular social or economic background.

Nothing in this Article prevents the Court from recognising accredited legal education, professional qualifications, university degrees, or other established qualifications as evidence of competence.

The purpose of alternative competency assessment shall be to ensure that persons exercising authority for the Court are genuinely capable of performing their duties while allowing capable persons without conventional academic backgrounds a fair opportunity to demonstrate their ability.

The Rules of the Court shall establish detailed competency standards, examination procedures, assessor requirements, retesting, appeals, conflicts of interest, publication requirements, judicial qualification and appointment procedures, and the independent procedures by which the Registry or another authorised Court administrative body assigns appointed judges to individual cases.

All lawful routes into judicial service shall lead to the same substantive judicial competency standard. Completion of a Court Academy course, professional training, practical experience, independent study, or another approved route may provide a route to candidacy or evidence of competence, but no route by itself confers judicial office.

A candidate who satisfies the Court's published judicial competency and integrity requirements may be entered into the judicially qualified candidate pool. Appointment to judicial office is a separate stage and shall not be confused with the competency assessment or with later assignment to individual cases.

No State Party, Court Party, government, political organisation, donor, accused person, victim, prosecutor, defence representative, or other external authority may cause a person who has not satisfied the Court's judicial qualification requirements to be appointed as a judge or may waive a required competency, integrity, independence, or impartiality requirement.

Once appointed to judicial office, a judge shall be eligible for assignment to cases according to the independent judicial assignment procedures established by the Rules and administered by the Registry or another authorised Court administrative body. Appointment to the Court does not entitle a judge, State Party, or Court Party to select which particular case the judge will hear, and administrative assignment shall not affect the judge's independent judicial authority once assigned.

ARTICLE 52

National and Territorial Participation, Constitutional Change, State Succession and Territorial Mediation

The Court shall recognise that sovereign States, nations, constituent countries, territories, autonomous communities, and other qualifying political communities may possess distinct constitutional, democratic, legal, national, or territorial identities and may, where the requirements of this Treaty are satisfied, establish a separate relationship with the Court.

Participation in the Court shall not be restricted exclusively to sovereign States where this Treaty expressly permits a nation, constituent country, territory, autonomous community, or other qualifying political community to participate independently.

A qualifying nation, constituent country, territory, autonomous community, or other political community may apply for separate admission to the Court independently of the State of which it forms part where it can demonstrate a lawful, democratic, constitutional, or otherwise recognised basis of authority for making such an application.

The refusal of a sovereign State to become a Party to the Treaty shall not, by itself, prevent a qualifying nation, constituent country, territory, autonomous community, or other political community from applying for separate participation where the requirements established by the Treaty and Rules of the Court (see Rule 218) are satisfied.

Where a sovereign State becomes a Party to the Treaty, that accession shall not automatically make every nation, constituent country, territory, autonomous community, or other qualifying political community within that State a separate Party to the Court.

A nation, constituent country, territory, autonomous community, or other qualifying political community which is separately admitted to the Court shall possess a distinct membership relationship with the Court and shall not be treated solely as a representative, extension, delegation, or subdivision of another Party.

The accession, withdrawal, suspension, termination, dissolution, separation, merger, succession, or constitutional transformation of one Party shall not automatically terminate, suspend, or alter the separate membership of another Party where that other Party has independently established its relationship with the Court.

Where a Party withdraws from the Court, any separately recognised nation, constituent country, territory, autonomous community, or other political community within or formerly associated with that Party shall not be required to withdraw solely because of that withdrawal.

A nation, constituent country, territory, autonomous community, or other qualifying political community which has separately admitted to the Court shall retain its membership unless it independently withdraws, its membership is lawfully suspended or terminated under this Treaty, or another provision of this Treaty provides otherwise.

Where a State undergoes dissolution, separation, merger, succession, constitutional reorganisation, independence, devolution, federation, confederation, or another substantial constitutional transformation, the Court may determine the continuity of existing memberships and obligations in accordance with this Treaty and applicable international law.

The Court shall not presume that the dissolution, separation, merger, or constitutional transformation of one Party automatically creates, terminates, or transfers the membership of another Party.

Where a State, nation, constituent country, territory, autonomous community, or other qualifying political community requests assistance concerning constitutional change, State dissolution, succession, independence, territorial status, territorial claims, border disputes, or related matters, the Court may provide mediation, legal assistance, good offices, investigation of agreed facts, expert assistance, or other peaceful dispute-resolution services authorised by this Treaty.

The Court may establish independent mediation panels, constitutional commissions, boundary commissions, expert bodies, or other appropriate mechanisms for the peaceful resolution of disputes concerning constitutional or territorial change.

A mediation or assistance process established under this Article shall seek to facilitate a lawful and peaceful settlement between the affected parties and shall not, unless expressly authorised by this Treaty and accepted under the applicable jurisdictional requirements, determine the constitutional status, sovereignty, independence, or territorial ownership of a participating community.

The Court may assist affected parties in negotiating arrangements concerning borders, territory, public assets, public liabilities, governmental institutions, records, natural resources, citizenship, nationality, public services, international obligations, transitional administration, minority protections, and other matters arising from constitutional change or State succession.

Where a territorial or border dispute is submitted to the Court, the Court may assist the parties through mediation, negotiation, independent fact-finding, legal analysis, mapping, historical evidence, expert assessment, or other appropriate peaceful means.

Where the parties expressly consent to a binding determination by the Court, the Court may determine a territorial or constitutional dispute in accordance with the applicable provisions of this Treaty and applicable international law.

Where the parties have not consented to a binding determination, the Court shall not convert a mediation, recommendation, or advisory process into a binding judgment without an independent legal basis under this Treaty.

The Court may assist parties in establishing lawful and democratic procedures for determining the wishes of an affected population where such determination is relevant to a constitutional or territorial dispute.

Procedures established under paragraph 19 may include referendums, elections, representative assemblies, constitutional conventions, public consultations, or other democratic mechanisms appropriate to the circumstances and consistent with applicable law.

The Court shall not regard its supervision, observation, or assistance in a democratic process as, by itself, constituting recognition of a particular constitutional outcome.

Where constitutional change or State succession creates competing claims concerning citizenship or nationality, the Court may assist the affected parties in establishing lawful transitional arrangements and shall seek to prevent arbitrary deprivation of nationality and the creation of statelessness wherever reasonably possible.

Where constitutional change or State succession creates disputes concerning public assets, liabilities, records, property, institutions, diplomatic premises, natural resources, infrastructure, pensions, or other public obligations, the Court may assist the affected parties in establishing fair and lawful arrangements for their allocation or continuation.

Where a State requests assistance concerning its possible dissolution or constitutional separation, the Court may establish a specialised process to assist the affected parties in determining succession, continuity of obligations, territorial arrangements, institutional arrangements, and other matters necessary for a peaceful transition.

A request for assistance under this Article shall not, by itself, constitute recognition by the Court of the applicant's claim to sovereignty, independence, territorial ownership, or any particular constitutional status.

The Court shall distinguish between accepting an application, providing mediation or assistance, recognising an agreement reached between parties, and issuing a binding determination.

The Court shall not deny access to the mediation and assistance mechanisms established under this Article solely because a dispute concerns a nation, constituent country, territory, autonomous community, or other political community rather than two sovereign States.

No Party shall be prevented from requesting assistance under this Article solely because another affected Party refuses to participate in mediation, provided that the Court does not make a binding determination against the non-participating Party without a lawful basis for jurisdiction.

The Court may provide impartial legal assistance, good offices, preventive mediation, or other non-binding assistance where appropriate to reduce the risk of violence, unlawful territorial change, forced displacement, or other serious harm.

The Court shall seek to ensure that constitutional or territorial disputes are resolved through peaceful means and shall not treat the use or threat of unlawful force as a lawful substitute for negotiation, mediation, or adjudication.

No territorial settlement reached through proceedings under this Article shall authorise the unlawful forcible transfer of civilian populations or otherwise remove protections provided by applicable international law.

Where a State, nation, constituent country, territory, autonomous community, or other qualifying political community has reached a peaceful agreement concerning constitutional or territorial change, the parties may deposit that agreement with the Court for registration, verification, monitoring, implementation assistance, or future dispute resolution.

A registered agreement may include provisions concerning constitutional arrangements, territorial boundaries, citizenship, nationality, public assets and liabilities, international obligations, transitional administration, minority protections, security arrangements, implementation periods, monitoring, and procedures for resolving future disputes.

The Court may establish a permanent mechanism for recording and preserving agreements, settlements, boundary arrangements, succession arrangements, and other instruments concluded or deposited under this Article.

Where the constitutional status of a Party subsequently changes, the Court may amend the description of that Party in its records without requiring automatic re-accession where the legal continuity of the Party is established.

Where a State separates into two or more successor States, or where a nation, constituent country, territory, autonomous community, or other political community becomes constitutionally separate from a State, the Court shall determine questions of membership, succession, and continuity separately for each affected Party in accordance with this Treaty and applicable international law.

Where more than one political community claims continuity of a former Party's membership, the Court may consider the constitutional arrangements, lawful acts, democratic consent, agreements between the affected parties, continuity of legal obligations, and other relevant circumstances.

Nothing in this Article shall require a nation, constituent country, territory, autonomous community, or other qualifying political community to become a Party merely because the State with which it is constitutionally associated becomes a Party.

Nothing in this Article shall prevent a sovereign State and one or more separately recognised nations, constituent countries, territories, or autonomous communities within that State from simultaneously maintaining separate relationships with the Court.

The rights and obligations of each Party under this Article shall be determined independently and shall not automatically be transferred to, imposed upon, or removed from another Party solely because of a constitutional, territorial, historical, or political association between them.

The Court shall apply the provisions of this Article equally to all States, nations, constituent countries, territories, autonomous communities, and other qualifying political communities and shall not create a special rule solely for the circumstances of any particular State or region.

The application of this Article shall remain consistent with the purposes and principles of the United Nations Charter, applicable international treaties, customary international law, and other applicable rules of international law.

The Rules of the Court shall establish the procedures for National or Territorial Accession, verification of authority, constitutional-change applications, State succession, territorial mediation, boundary assistance, registration of settlements, continuity of membership, and independent withdrawal under this Article.

The fundamental principle of this Article shall be that the membership and legal relationship of each separately recognised Party with the Court shall stand independently, so that the decision of one Party to enter, remain within, withdraw from, or otherwise alter its relationship with the Court shall not automatically determine the relationship of another Party.

ARTICLE 53

Protection of Court Personnel and Court Functions

The States Parties shall respect and protect persons lawfully performing authorised functions for the Court and shall take appropriate measures to prevent retaliation, intimidation, harassment, arbitrary detention, coercion, politically motivated prosecution, violence, or other unlawful obstruction directed against such persons because of their authorised Court functions.

Protected Court personnel may include judges and judicial officers, the Prosecutor and authorised prosecution personnel, investigators and authorised investigative personnel, Registry and administrative personnel, authorised technical and remote-operations personnel, formally designated Court volunteers, Court Enforcement Officers, and other persons formally designated by the Court for a specified Court function.

Protection under this Article shall attach to the person's authorised Court function and shall not depend upon nationality. It shall apply to official acts performed in good faith under this Treaty, the Rules of the Court (see Rule 219), or a lawful Court mandate.

Functional protection under this Article shall not constitute blanket immunity for ordinary private conduct, unrelated criminal conduct, corruption, intentional abuse of office, or acts outside the person's authorised Court function.

A State Party shall not use immigration, security, counter-terrorism, national-security, administrative, regulatory, criminal, or other measures for the primary purpose of obstructing a lawful Court function or retaliating against a person because of that person's authorised Court service.

Nothing in this Article prevents a State Party from taking lawful action against a Court personnel member where the action is based on genuine and independent legal grounds unrelated to the person's authorised Court function.

Where a protected Court person is arrested, detained, threatened, restricted, denied access to necessary Court property or records, or otherwise materially obstructed because of their authorised Court function, the State Party concerned shall, where legally able, promptly notify the Court and provide appropriate information concerning the circumstances.

A State Party shall, where reasonably practicable and consistent with its domestic law and applicable international obligations, take appropriate measures to protect the safety of Court personnel within its territory where a serious threat arises because of their Court functions.

The Court may issue a formal protection request concerning a protected Court person and may notify States Parties capable of providing lawful protective assistance.

States Parties shall cooperate with lawful requests concerning the protection of Court personnel, Court property, Court records, secure communications, and other essential Court functions, subject to their domestic law and applicable international obligations.

The Court may establish a register of persons formally designated as protected Court personnel for the purposes of this Article. Such designation shall identify the authorised Court function and shall not itself create immunity beyond the protection expressly provided by this Treaty.

A State Party shall not require a protected person to surrender, destroy, alter, or disclose Court records, evidence, equipment, communications, or other protected Court material contrary to a lawful order or obligation of the Court, subject to applicable law and lawful judicial processes.

Where interference with Court personnel or Court property creates an immediate and serious risk to justice, the Court may seek urgent assistance, preservation of evidence, relocation, evacuation, secure communications, or other lawful protective measures.

The Court shall maintain records of material incidents involving interference with protected Court personnel and may refer suspected criminal conduct to the appropriate competent authority or pursue proceedings within its lawful jurisdiction.

The Rules of the Court shall establish procedures for designation of protected personnel, protection requests, notification of interference, evidence preservation, confidentiality, emergency assistance, review, and coordination with States Parties.

Nothing in this Article shall be interpreted as granting the Court authority to override the domestic law of a State that is not a Party to this Treaty or to exercise coercive powers within another State except where a lawful basis for such action exists. This Article is the specialised Treaty framework for protection of Court personnel and Court functions. General cooperation or enforcement provisions shall be applied consistently with it and shall not be interpreted to reduce these protections.

17. Protection of Court personnel may include secure communications, protected contact details, security advice, secure accommodation, safe houses, trusted or specially designated escorts, safe transport, temporary relocation, emergency extraction, medical or psychological assistance, and other lawful protective measures appropriate to the assessed risk.

18. Where a protected Court person cannot safely remain in the State in which the threat arises, the Court may request temporary or longer-term relocation to a State Party or other cooperating State willing and legally able to provide protection. A State Party shall give such a lawful request prompt and serious consideration, subject to domestic law and applicable international obligations.

19. A State Party or other cooperating State may, where its domestic law permits, provide protected admission, lawful residence, travel documentation, confidentiality measures, protected civil-status arrangements, or other lawful identity arrangements for a protected Court person. The Court shall not itself create nationality, citizenship, governmental identity documents, or civil-status records without lawful authority.

20. In exceptional cases where a serious and sustained threat cannot reasonably be addressed by less intrusive measures, a competent State may provide a lawful protected identity arrangement or replacement documentation. Any such arrangement shall be implemented by the competent authority and shall not require the creation of false criminal, financial, immigration, or civil-status records.

21. The Court may establish formal protection and relocation arrangements with willing States Parties and, where lawful, other cooperating States or competent organisations. Such arrangements may provide for safe houses, emergency extraction, transport, trusted escorts, temporary admission, relocation, family protection, documentation, healthcare, and other support necessary to preserve the person's safety and the continuity of Court functions.

22. Nothing in this Article requires a non-Party State to protect, admit, relocate, document, or otherwise assist Court personnel solely because the Court requests such assistance. Assistance by a non-Party shall depend on consent, applicable international law, a cooperation agreement, or another lawful authority.

ARTICLE 54

Emergency Protection, Safe Departure and Protective Assistance

Where a protected Court person faces a serious and immediate threat because of an authorised Court function, the Court may activate an emergency protection procedure for the purpose of protecting the person and maintaining the continuity of lawful Court operations.

The Court may issue an emergency protection request to one or more States Parties capable of providing lawful assistance, including temporary protection, secure accommodation, transport, evacuation, medical assistance, communications support, or other appropriate protective measures.

A State Party shall, subject to its domestic law and applicable international obligations, give prompt and serious consideration to a lawful request for safe departure, transit, temporary admission, or onward travel for a protected Court person facing a serious threat because of Court service.

A State Party receiving a request under this Article shall take reasonable measures to prevent the person from being exposed to avoidable retaliation, intimidation, or other unlawful harm while arrangements for protection or departure are being made.

The Court may coordinate emergency protection with States Parties, humanitarian organisations, international organisations, or other competent bodies where such coordination is lawful and necessary to protect life, safety, evidence, or the continued operation of the Court.

Protective assistance under this Article shall be distinguished from ordinary law-enforcement operations and shall not itself authorise Court personnel to exercise police, immigration, military, or other coercive powers within another State.

Where entry into or transit through a State Party is necessary for a defined protective purpose, including emergency protection of Court personnel, securing Court property or records, assisting evacuation, or protecting witnesses or participants, the Court may make a formal request for entry or transit through the competent authority of that State.

A State Party shall establish an appropriate national contact mechanism for receiving urgent Court protection requests and shall identify, where practicable, the competent authority responsible for responding to such requests.

Where a State Party cannot provide the requested protection, it shall, where reasonably practicable, inform the Court of the limitation and may identify another lawful authority or State capable of providing assistance.

The Court may establish emergency relocation arrangements in advance with willing States Parties so that protected personnel can be moved rapidly when serious threats arise.

Emergency measures may also be used to preserve Court records, evidence, equipment, communications systems, and other property where their destruction, seizure, or compromise would materially threaten the administration of justice.

Nothing in this Article requires a non-Party State to admit Court personnel solely because the Court has requested admission. The Court shall instead rely upon applicable international law, consent, cooperation arrangements, and requests to States Parties or other competent authorities.

Nothing in this Article prevents a State Party from applying lawful immigration, border, security, health, or other measures on genuine independent grounds, provided that such measures are not used principally as retaliation for authorised Court functions or to obstruct the Court.

The Court shall keep emergency protection measures under review and shall terminate or modify them when the serious threat has ceased or when another lawful arrangement provides adequate protection.

The Rules of the Court shall establish the procedure for emergency protection requests, authorisation, notification, safe departure, temporary admission, relocation, evacuation, confidentiality, evidence preservation, and review.

The fundamental purpose of this Article is to protect persons and the administration of justice without claiming powers that the Treaty cannot lawfully exercise within the territory of another State. This Article is the specialised Treaty framework for emergency protection, safe departure and protective assistance. It does not itself confer coercive powers in another State.

17. An emergency protection assessment shall consider, as appropriate, the seriousness, credibility and immediacy of the threat; the source and capability of the threatening actor; access to the protected person; risk to family members or dependants; public exposure; conflict or instability in the person's location; digital or communications compromise; availability of local protection; medical or accessibility needs; and whether a less intrusive measure can adequately reduce the risk.

18. Where a serious and immediate threat cannot reasonably be managed at the person's current location, the Court may request emergency extraction to a safe location, including a safe house or other secure facility, through a State Party or other competent authority that is willing and legally able to provide it.

19. The Court may request that a State Party provide trusted or specially designated officials or other authorised personnel to escort or assist a protected person during emergency departure, transit, admission, relocation, or other protective movement. Any such officials shall act under the authority and law of the State concerned.

20. Where relocation to another State is required, the Court may seek a State Party or other cooperating State willing and legally able to provide temporary or longer-term protective admission. The receiving State may, where its domestic law permits, provide lawful residence, travel documentation, protected civil-status arrangements, identity confidentiality, healthcare, education, subsistence support, and other measures necessary for safe resettlement.

21. A protected identity or replacement-document arrangement shall be used only where lawful and where the competent authority of the relevant State has legal power to provide it. The Court shall not issue or manufacture national passports, citizenship, nationality, identity documents, residence permits, or other governmental documents in the name of a State.

22. A permanent or long-term relocation shall ordinarily be treated as a measure of last resort where the threat remains serious and sustained and cannot adequately be addressed by temporary relocation or other effective measures. The Court shall consider the interests and informed wishes of the protected person and, where appropriate, affected family members, subject to any lawful emergency exception necessary to protect life or prevent imminent serious harm.

23. Protection arrangements may continue after testimony, proceedings, appeal, or judgment where the risk remains connected to the person's Court service, participation, cooperation, or evidence. The Court may coordinate continuing protection with the receiving State, State of origin, humanitarian organisations, or other competent bodies.

24. A person receiving emergency protection shall not be required to accept a permanent relocation, identity change, or other irreversible measure merely because the Court has requested it, except where a lawful authority is entitled to act under applicable law for an independent protective purpose. The Court shall record the basis for significant protective decisions and review them periodically.

ARTICLE 55

Court Enforcement Officers and Cross-Border Enforcement

The Court shall maintain a Court Enforcement Service consisting of appropriately authorised officers responsible for carrying out Court warrants, orders, arrests, transfers, property recovery, confiscation, removal, deportation, and other enforcement functions expressly authorised by this Treaty or a lawful Court order.

The status, appointment, training, competency, ethical obligations, supervision, identification, accountability, suspension, and removal of Court Enforcement Officers shall be established by this Treaty and the Rules of the Court (see Rules 39 and 239).

A Court Enforcement Officer shall exercise authority only within the scope of the officer's lawful authorisation and shall act in accordance with this Treaty, applicable international law, the Rules of the Court (see Rules 39 and 239), and the law governing the place in which the enforcement activity occurs.

The protective or enforcement status of a Court Enforcement Officer shall not by itself confer unrestricted police powers, immigration powers, military powers, or authority to enter the territory of another State.

Within the territory of a State Party, Court Enforcement Officers may exercise enforcement functions where this Treaty, a lawful Court order, and the law of that State provide a legal basis for the particular action.

Within the territory of a State that is not a Party, Court Enforcement Officers may conduct enforcement activity only where the relevant State or competent authority has lawfully authorised or requested the activity or another recognised legal basis independently permits it.

Cross-border arrest, transfer, property recovery, confiscation, removal, or other coercive enforcement shall be conducted through appropriate cooperation with competent national authorities unless another lawful basis expressly permits the relevant action.

The Court may issue requests for arrest, surrender, transfer, seizure, freezing, confiscation, removal, or other enforcement assistance to competent authorities in accordance with this Treaty and the Rules of the Court (see Rules 31–39 and 101–110 as applicable).

Court Enforcement Officers shall not use their authority to intimidate, punish, retaliate against, or otherwise interfere unlawfully with persons, States, organisations, or institutions.

The use of force by Court Enforcement Officers shall be permitted only where lawfully authorised and reasonably necessary for the particular enforcement function, and shall remain subject to applicable legal safeguards, necessity, proportionality, accountability, and reporting requirements.

Court Enforcement Officers shall preserve the integrity of evidence, property, records, and seized material and shall maintain appropriate records of enforcement activity.

The Court may suspend or withdraw an Enforcement Officer's authorisation where there is credible evidence of serious misconduct, abuse of authority, corruption, unlawful use of force, interference with evidence, or other conduct incompatible with the duties of the Service.

States Parties shall cooperate with the Court Enforcement Service in accordance with this Treaty, including through national police, border, customs, prison, judicial, financial, and other competent authorities.

Nothing in this Article shall be interpreted as authorising the Court to unilaterally exercise sovereign coercive powers in a State without a lawful jurisdictional, treaty, consent-based, or other recognised legal basis.

The Rules of the Court shall establish detailed procedures governing warrants, identification, authorisation, training, use of force, arrest, transfer, custody, seizure, confiscation, removal, cross-border cooperation, reporting, complaints, investigation of misconduct, and accountability of Court Enforcement Officers.

The Court shall ensure that enforcement activity remains subordinate to lawful judicial authority and shall not permit enforcement personnel to determine independently the guilt, innocence, liability, or sentence of any person. This Article is the specialised Treaty framework for Court Enforcement Officers and cross-border enforcement. Article 39 supplies general service functions, while this Article controls questions of status, authority and cross-border coercive enforcement.

An authorisation under Article 46 does not by itself create territorial enforcement authority for Court Enforcement Officers.

Court Enforcement Officers may act across borders only where the activity has a lawful jurisdictional, treaty-based, consent-based, host-State-authorised, collective-security, or other recognised legal basis.

Where an Article 46 measure requires physical action, the judicial authorisation shall identify the legal basis permitting that action, the competent authority responsible for execution, the territorial and temporal limits, the permitted functions, and the applicable rules governing force and accountability.

No Enforcement Officer may independently expand an Article 46 authorisation or determine that circumstances justify armed force, invasion, occupation, annexation, collective punishment, or other action outside the judicial order.

ARTICLE 56

Proceeds of Crime, Asset Tracing, Confiscation and Recovery

The Court shall have authority, within its lawful jurisdiction, to investigate, identify, trace, preserve, restrain, freeze, seize, confiscate, recover, and where appropriate return proceeds and instrumentalities connected with offences within the jurisdiction of the Court.

For the purposes of this Article, proceeds of crime include property, assets, funds, benefits, profits, or other economic advantages derived directly or indirectly from criminal conduct within the jurisdiction of the Court, and instrumentalities include property used or intended for use in the commission of such conduct.

The Court may investigate and document suspected proceeds of Court offences and may seek assistance from States Parties and other competent authorities for the identification and tracing of assets.

The Court may request a State Party to preserve, freeze, seize, or otherwise restrain property where there are reasonable grounds to believe that the property constitutes proceeds or instrumentalities connected with an offence within the Court's jurisdiction.

A State Party shall, subject to its domestic law and applicable international obligations, give effect to lawful requests for asset preservation, freezing, seizure, confiscation, and recovery in accordance with the cooperation procedures established by this Treaty.

The Court may issue a confiscation order following a lawful finding of criminal responsibility where the property concerned is established to be proceeds or instrumentalities of the offence or otherwise falls within a lawful basis for confiscation established by this Treaty.

The Court may seek recognition and enforcement of its confiscation orders in a State Party through the competent national authorities and procedures of that State.

The Court shall not assume that a confiscation order automatically authorises Court personnel to enter foreign territory or physically seize property. Physical seizure and enforcement within another State shall occur through a lawful cooperation mechanism or another recognised legal basis.

The Court may request emergency preservation measures where delay would create a substantial risk that property would be dissipated, concealed, transferred, destroyed, or otherwise placed beyond effective recovery.

A person claiming a legitimate legal or beneficial interest in property affected by a freezing, seizure, or confiscation measure shall have an opportunity to assert that interest in accordance with the Rules of the Court (see Rule 220) and applicable law.

The Court shall take reasonable measures to protect bona fide third-party property rights and shall not confiscate property belonging to an innocent third party solely because the property has been associated with an accused person or investigation.

Where proceeds or assets are recovered, the Court may order or facilitate their return, restitution, compensation, or other lawful use for victims, subject to the rights of lawful owners and other persons with recognised interests.

The Court may enter agreements with States Parties concerning the custody, management, disposal, return, sharing, or transfer of recovered assets, including arrangements concerning reasonable costs of preservation and enforcement.

Where more than one State has a lawful claim or interest in recovered property, the Court may facilitate an agreement concerning allocation, return, restitution, victim compensation, or another lawful disposition.

The Court shall maintain records of material asset investigations, freezing measures, seizures, confiscation orders, recoveries, transfers, and distributions and shall establish safeguards against corruption, misuse, diversion, or unauthorised disposal of recovered property.

Financial investigations and asset-recovery proceedings shall remain subject to judicial oversight and the procedural rights established by this Treaty, including notice, challenge, review, and appeal where applicable.

Nothing in this Article creates authority to confiscate property merely because it is located in a State that is not a Party to this Treaty. The Court shall rely upon consent, cooperation, applicable international law, domestic legal mechanisms, or another lawful basis for enforcement outside its territorial jurisdiction.

The Court may cooperate with States Parties, non-Party States where lawful, international organisations, financial intelligence authorities, law-enforcement bodies, and other competent institutions for the tracing and recovery of criminal assets.

The Rules of the Court shall establish detailed procedures for financial investigations, asset tracing, preservation, emergency freezing, seizure, confiscation, third-party claims, victim recovery, asset management, international cooperation, recognition and enforcement of confiscation orders, and review and appeal.

The provisions of this Article shall be interpreted consistently with the distinction between the Court's authority under its own Treaty, the obligations of States Parties to cooperate, and the physical powers that Court personnel may exercise within the territory of another State. This Article is the specialised Treaty framework for proceeds of crime, asset tracing, confiscation and recovery. General enforcement and cooperation provisions remain applicable only insofar as they are consistent with this specialised framework.

Following a final judicial confiscation order, and subject to the rights of lawful owners and identifiable victims, recovered assets may be directed by lawful Court order toward victim restoration, rehabilitation, community restoration, humanitarian recovery, reconstruction, or other purposes expressly authorised by this Treaty and the Rules. A humanitarian or Justice and Peace function may prepare recommendations for the lawful use of recovered assets but shall not determine criminal guilt or confiscation.

Final Treaty rule — proceeds of crime, asset recovery and restoration: the Court may preserve, freeze, confiscate and recover proceeds and property connected to offences, subject to judicial safeguards and protection of innocent third-party interests.

The Court may order lawful tracing, preservation, freezing, confiscation, recovery and restoration of proceeds, property, assets or instrumentalities connected to proven criminal conduct, subject to judicial safeguards.

Innocent family members, dependants, employees, business partners, communities and other innocent third parties shall not be subjected to collective punishment merely because of their relationship with the convicted person.

ARTICLE 57

Lawful Resort to Armed Force, Prohibition of Coercive War and Protection Against Retaliation

The Parties reaffirm that armed force shall not be used as an ordinary instrument of political, territorial, economic, financial, military, or diplomatic coercion. A State shall not threaten or use armed force against another State except on a legally recognised basis under this Treaty and applicable international law. The existence of an armed conflict does not establish that its initiation or continuation was lawful.

For purposes of this Treaty, the Court shall distinguish strictly between: (a) the legality of resort to armed force and its continuation; (b) the separate leadership offence of aggression; and (c) war crimes and other offences committed during an armed conflict. The legality of resort to force shall not determine whether humanitarian law applies, and the unlawful initiation of a conflict shall not remove or reduce the protections owed to victims under the laws applicable during armed conflict.

A State claiming self-defence shall establish the factual basis relied upon, including the existence of the armed attack or other legally recognised circumstance, the necessity of the response, its proportionality to the lawful defensive purpose, and any other requirement imposed by applicable international law. Collective self-defence shall additionally require the conditions applicable to collective action. A claimed right of self-defence shall not continue indefinitely after its lawful basis has ceased.

Force expressly authorised by a competent collective-security authority shall be lawful only to the extent of the authority granted and subject to the conditions attached to that authorisation and applicable international law. Force outside the authorised purpose, scope, target, territory, duration, or conditions shall not become lawful merely because an authorisation existed at an earlier time.

A resort to armed force is unlawful where no legally recognised basis exists, where the claimed basis is knowingly fabricated or materially false, where the force is used for a purpose outside the lawful basis, or where the lawful basis has ceased and the force is intentionally continued for coercive purposes. Nothing in this Article permits a State to manufacture, provoke, or manipulate an armed incident for the purpose of creating a pretext for unlawful force.

No State or person acting on behalf of a State may use or threaten armed force for the purpose of compelling another State or its population to surrender lawful rights, transfer territory, provide money or resources, supply military or other assistance, alter a lawful governmental policy, remove or replace a government or political authority, prevent the lawful restoration of a government or political authority, abandon a lawful judicial or Treaty process, or submit to political demands through sustained armed coercion where the resort to force lacks a continuing lawful basis.

An unlawful threat of force may constitute a separate offence where the elements of Article 11 are proved. Repeated, escalating, or sustained threats of armed force shall not be treated as harmless diplomatic statements where the circumstances establish a credible coercive threat. Particular scrutiny shall apply to threats to use nuclear weapons or other weapons of mass destruction. Any threatened use must satisfy the requirements of the law governing the use of force and the applicable law of armed conflict; a threat to carry out conduct that would itself be unlawful shall not become lawful merely because the threatened conduct is never carried out.

No person exercising effective control or direction over a State may deliberately prolong, expand, or maintain an armed conflict after its lawful basis has ceased for the purpose of compelling another State or population to submit to political, territorial, financial, military, economic, or other demands, including a purpose of removing, replacing, installing, or preventing the lawful restoration of a government or political authority. Prolonged warfare, repeated ultimatums, blockade or deprivation, deliberate destruction, mass casualties, displacement, or systematic harassment may be aggravating circumstances where they are connected to the prohibited coercive purpose and otherwise proved under this Treaty.

A period of six months, or any other fixed period, shall not by itself determine whether an armed conflict is unlawful. The Court shall examine the continuing legal basis, the conduct of the parties, the purpose of the force, the necessity and proportionality of any claimed self-defence, the demands being imposed, and the measures taken to end the conflict. Duration may, however, be evidence of knowing and deliberate unlawful continuation where the other elements are proved.

No State Party shall be penalised, attacked, threatened, coerced, intimidated, unlawfully sanctioned, obstructed, or subjected to military retaliation because it ratified or complied with this Treaty, cooperated with the Court, surrendered or transferred a person pursuant to a lawful process, protected a witness or victim, supplied lawful evidence, or otherwise performed a good-faith Treaty obligation. The same protection applies, to the extent lawfully applicable, to non-Party States and persons cooperating with the Court.

No Court judge, Prosecutor, defence participant, investigator, witness, victim, Registry officer, Enforcement Officer, technical officer, or other person lawfully performing Court functions may be threatened, attacked, abducted, detained, intimidated, harassed, or otherwise coerced for the purpose of obstructing the Court or compelling a change in a judicial, prosecutorial, investigative, evidentiary, or enforcement decision. Such conduct may constitute a separate offence under this Treaty in addition to any other offence proved.

No State may use armed force or the threat of armed force to compel the Court to discontinue, alter, delay, conceal, or refuse a lawful investigation, prosecution, hearing, judgment, appeal, review, enforcement measure, or cooperation request. Nothing in this paragraph authorises the Court to exercise physical coercive powers within a State without the separate lawful basis required by this Treaty.

Participation in or cooperation with the Court does not make a State a belligerent or party to an armed conflict solely because it performs Treaty obligations. A State Party remains entitled to determine its lawful foreign and defence policy consistently with this Treaty and applicable international law, and the Court shall not infer participation in an armed conflict merely from diplomatic, humanitarian, judicial, financial, or logistical cooperation with the Court.

Nothing in this Article permits reprisals against civilians, protected persons, victims, witnesses, humanitarian personnel, Court personnel, or persons lawfully cooperating with the Court. Obligations protecting such persons continue during armed conflict and emergency circumstances. No invocation of national security, military necessity, emergency, sovereignty, or armed conflict shall by itself suspend the substantive prohibitions established by this Article.

Where an armed conflict is found to have been unlawfully initiated or unlawfully continued, that finding shall not by itself establish liability for every act committed during the conflict. Individual criminal responsibility requires proof of the elements and mental state of each charged offence. Conversely, compliance with the laws governing conduct during armed conflict shall not by itself establish that the resort to force was lawful.

The Rules of the Court shall establish procedures for determining the legal basis for resort to force, preserving evidence of threats and coercive demands, assessing continuing self-defence claims, examining collective self-defence, evaluating the scope and duration of authorisations, protecting States and persons cooperating with the Court, and preventing retaliation or interference. The Rules shall not create a new substantive offence or alter the legal tests established by this Treaty.

Nothing in Article 46 shall be interpreted as an independent authorisation to use armed force against another State.

A Court finding that grave crimes or an exceptional humanitarian threat exists does not, without a separate applicable legal basis, establish a right to use armed force in the territory of another State.

Where another lawful international, regional, treaty-based, collective-security, host-State-consented, or other recognised legal basis governs the use of force, any action taken under that basis remains subject to its applicable legal limits and to the protections of international humanitarian law and this Treaty.

For purposes of investigation and prosecution, a campaign to force regime change by unlawful means may be treated as a connected course of conduct where the evidence indicates a purpose to remove, replace, install, or prevent the lawful restoration of a government or political authority through unlawful resort to armed force, unlawful threat of force, unlawful coercive continuation, aggression, murder or attempted murder, abduction or kidnapping, enforced disappearance, torture, hostage-taking, persecution, or other Treaty offences. The Court shall investigate and, where its jurisdictional and evidentiary requirements are satisfied, prosecute the constituent offences and applicable modes of liability. The connected campaign, its common purpose, pattern, organisation, and cumulative harm may be relevant to proof, context, aggravation, and lawful sentencing. The phrase ‘forced regime change’ does not by itself create an additional criminal offence or penalty, and lawful political transition, elections, self-determination, protected expression, lawful protest, or other lawful political processes shall not be criminalised merely because they change a government or political authority.

FINAL DECLARATION

Final Declaration

This Court exists to uphold justice, peace, truth, human dignity, accountability, and respect among all peoples.

The Court recognises that no State, government, institution, organisation, official, ruler, or individual is above the law where the Court has lawful jurisdiction.

The Court shall strive to ensure that justice is accessible to all people regardless of nationality, wealth, status, religion, political opinion, or position of authority.