Equipo Nizkor - Samoa: International Criminal Court Act 2007.

SAMOA

Arrangement of Provisions

PART I
PRELIMINARY

1. Short title and commencement
2. Act to bind the State
3. Interpretation
4. Obligations imposed by Statute or Rules

PART II
INTERNATIONAL CRIMES AND OFFENCES AGAINST THE ADMINISTRATION OF JUSTICE

5. Genocide
6. Crimes against humanity
7. War crimes
8. Interpretation of articles 6, 7 and 8 of the Statute
9. Defences to offences under sections 5, 6 or 7
10. Obedience to superior orders not a defence to offences under sections 5, 6 or 7
11. Responsibility of Commanders and other superiors
12. Temporal Jurisdiction for Offences under sections 5, 6 or 7
13. Jurisdiction to try offences under sections 5, 6 or 7
14. Pleas of autrofois acquit and convict
15. Limitations on bringing matters to court
16. Attorney General's consent required for prosecutions under sections 5, 6 or 7
17. Corruption of Judge etc.
18. Bribery of Judge etc.
19. Corruption and bribery of official of ICC
20. False evidence
21. Fabricating evidence beforeICC
22. Conspiracy to defeat justicein ICC
23. Interference with witnesses or officials
24. Jurisdiction to try offences under sections 17 to 23
25. Trial of offences committed outside Samoa

26. Attorney General's consent required for prosecutions under sections 17 to 23

PART III
GENERAL PROVISIONSRELATING TOREQUESTS FORASSISTANCE

27. Application
28. Requests for assistance
29. Making of requests
30. Confidentiality of requests
31. Execution of requests
32. State or Diplomatic immunity
33. Response to requests
34. Consultations

PART IV
ARREST AND SURRENDER OF PERSON TO ICC

35. Application of this Part
36. Request for arrest and surrender
37. Rights of arrested person
38. Refusal of request for arrest and surrender
39. Postponement of execution of request for arrest and surrender
40. Competing requests
41. Official capacity not a bar to arrest and surrender
42. Provisional arrest
43. Person arrested on a provisional warrant
44. Application for bail
45. Surrender hearing
46. Judge not to inquire into validity of warrant
47. Surrender by consent
48. Effect of delivery order
49. Procedure where Judge refuses order
50. Discharge of person not delivered up
51. Discharge of person no longer required to be surrendered
52. Request for temporary surrender
53. Request for transit of a person to ICC
54. Waiver of requirements of article 101 of the Statute

PART V
REQUESTS FOR OTHER TYPES OF ASSISTANCE

55. Application of this Part
56. Assistance in locating or identifying persons or items
57. Assistance in taking evidence
58. Assistance in production of documents and articles
59. Applicable law
60. Assistance in questioning persons
61. Assistance in arranging service of documents
62. Assistance in facilitating the voluntary appearance of witness
63. Consent required
64. Minister may facilitate appearance
65. Assistance in facilitating temporary transfer of prisoner
66. Consent required and assurances may be sought
67. Minister may arrange for transfer
68. Effect of transfer on prisoner's sentence
69. Assistance in examining places or sites
70. Assistance involving search and seizure
71. Assistance involving the use of other domestic investigative procedures
72. Assistance in protecting victims and witnesses and preserving evidence
73. Request for assistance in the restraining and seizure of property associated to crime
74. Other forms of assistance
75. Refusal of request
76. National Security
77. Postponement of execution of request for assistance
78. Procedure before refusing assistance
79. Verification or Authentication of material
80. Transmission of material to ICC
81. Certificates issued by Minister
82. Minister may request assistance from ICC

PART VI
ENFORCEMENT OF SENTENCES AND ORDERS OF THE ICC IN SAMOA

83. Application of this Part
84. Samoa may act as State of enforcement
85. Request for sentence to be served in Samoa
86. Prisoner to be held in custody
87. Transfer of prisoner to ICC for review of sentence
88. Transfer of prisoner to another State to complete sentence
89. Procedure on completion of sentence
90. Removal order
91. Delay in removal
92. Special rules in certain cases
93. Immigration permit not required
94. Application to citizens of Samoa
95. Enforcement of fines
96. Enforcement of forfeiture orders
97. Transfer of funds realized to ICC
98. Orders for forfeiture of Property on conviction by ICC
99. Enforcement of orders for victim reparation
100. Assistance in enforcement of restraining order

PART VII
SITTINGS OF THE ICC IN SAMOA

101. Prosecutor may conduct investigations in Samoa
102. ICC sittings in Samoa
103. ICC powers while sitting in Samoa
104. ICC may administer oaths in Samoa
105. Orders made by ICC not subject to review
106. Power to detain ICC prisoners in prison in Samoa
107. Removal of ICC prisoner

PART VIII
LEGAL STATUS OF THE ICC AND PRIVILEGES AND IMMUNITIES OF OFFICIALS OF THE ICC

108. Legal personality and privileges and immunities

PART IX
MISCELLANEOUS

109. Regulations
110. Consequential Amendment

Schedule 1

2007, No. 26

AN ACT to enable Samoa to implement and give effect to its obligations under the Rome Statute of the International Criminal Court, and for related matters.

[9th November 2007]

BE IT ENACTED by the Legislative Assembly of Samoa in Parliament assembled as follows:

PART I
PRELIMINARY

1. Short title and commencement-(1) This Act may be cited as the International Criminal Court Act 2007.

(2) This Act shall commence on a date nominated by the Minister.

(3) Notice of commencement of this Act shall be published in Samoan and English in the Savali and one other newspaper circulating in Samoa.

2. Act to bind the State - This Act shall bind the State.

3. Interpretation-(1) In this Act, unless the context otherwise requires -

"court" means the Supreme Court;

"crime within the jurisdiction of the ICC" means:

(a) a crime over which the ICC has jurisdiction under article 5 of the Statute; or

(b) an offence against the administration of justice over which the ICC has jurisdiction under article 70 of the Statute;

"ICC" means the International Criminal Court established under the Statute;

"ICC prisoner" means a person on whom a sentence of imprisonment has been imposed by the ICC and includes a person who is held in custody at the request of the ICC during a sitting of the ICC in Samoa;

"judge" means a judge of the Supreme Court;

"Minister" means the Minister of Justice;

"Pre-Trial Chamber" means the Pre-Trial Chamber of the ICC;

"property" means movable or immovable property of every description, whether situated in Samoa or elsewhere and whether tangible or intangible and includes an interest in any such movable or immovable property;

"Prosecutor" means the Prosecutor of the ICC;

"restraining order" means an order prohibiting any person from dealing in the property specified in the order other than in accordance with the conditions and exceptions specified in the order;

"Rules" means the Rules of Procedure and Evidence adopted under article 51 of the Statute;

"seizing order" means an order authorising a police officer to search for any property and to seize the property if found or any other property that the police officer believes on reasonable grounds may relate to the request from the ICC;

"Statute" means the Rome Statute of the ICC set out in Schedule 1 to this Act;

"Trial Chamber" means the Trial Chamber of the ICC;

"conventional international law" means a convention, treaty or other international agreement to which Samoa is a party and for the time being in force.

4. Obligations imposed by Statute or Rules - Where any provision of the Statute or the Rules confers or imposes a power or duty on, or assigns a function to, a State including but not limited to a power, duty or function relating to the execution of a request for assistance from the ICC, that power, duty, or function may, unless there is provision to the contrary in this Act, be exercised, performed and discharged by the Minister on behalf of the Government of Samoa.

PART II
INTERNATIONAL CRIMES AND OFFENCES AGAINST THE ADMINISTRATION OF JUSTICE

5. Genocide-(1) Every person who, in Samoa or elsewhere

(a) commits genocide; or

(b) conspires or agrees with any person to commit genocide, whether that genocide is to be committed in Samoa or elsewhere,

shall be guilty of an offence and shall be liable, on conviction to the penalty specified in subsection (3).

(2) For the purposes of this section, "genocide" is an act specified in article 6 of the Statute and includes any other act which, at the time and in the place of its commission, constitutes genocide according to customary international law or conventional international law or by virtue of it being criminal according to the general principles of law recognised by the community of nations, whether or not it constitutes a contravention of the law in force at the time and in the place of its commission.

(3) Any person who is convicted of an offence under subsection (1) shall be punishable to life imprisonment.

6. Crimes against humanity-(1) Every person who, in Samoa or elsewhere, commits a crime against humanity shall be guilty of an offence and shall be liable, on conviction after trial on indictment, to the penalty specified in subsection (3).

(2) For the purposes of this section, "crime against humanity" is an act specified in article 7 of the Statute and includes any other act which, at the time and in the place of its commission, constitutes a crime against humanity according to customary international law or conventional international law or by virtue of it being criminal according to the general principles of law recognized by the community of nations, whether or not it constitutes a contravention of the law in force at the time and in the place of its commission.

(3) Any person who is convicted of an offence under subsection (1) shall be punishable to a maximum period of life imprisonment.

7. War crimes-(1) Every person who, in Samoa or elsewhere, commits a war crime shall be guilty of an offence and shall be liable, on conviction after trial on indictment, to the penalty specified in subsection (3).

(2) For the purposes of this section, a "war crime" means an act specified in article 8(2) of the Statute and any other act committed during an armed conflict which, at the time and in the place of its commission, constitutes a war crime according to customary international law or conventional international law applicable to armed conflicts, whether or not it constitutes a contravention of the law in force at the time and in the place of its commission.

(3) Any person who is convicted of an offence under subsection (1) shall be punishable to a maximum period of life imprisonment.

8. Interpretation of articles 6, 7 and 8 of the Statute - In interpreting and applying the provisions of articles 6, 7 and 8 of the Statute, the court shall take into account any Elements of Crimes adopted and amended under article 9 of the Statute.

9. Defences to offences under sections 5, 6 or 7-(1) A person charged with an offence under section 5, 6 or 7 may rely on any defence, excuse or justification available to the person under the law of Samoa or under international law, including but not limited to the defences under Articles 31 and 32 of the Statute.

(2) In the case of an inconsistency between a provision of the law of Samoa and a principle or provision of international law or Articles 31 and 32 of the Statute, the principle or provision of international law shall prevail.

10. Obedience to superior orders not a defence to offences under sections 5, 6 or 7-(1) Notwithstanding section 9, it shall not be a defence to an offence under sections 5, 6 or 7 for the person charged with the offence to plead that the person committed the act constituting such offence pursuant to an order by a Government or a superior, whether military or civilian unless -

(a) the person was under a legal obligation to obey orders of the Government or the superior in question;

(b) the person did not know that the order was unlawful; and

(2) For the purposes of this section, orders to commit genocide or a crime against humanity shall be regarded as being manifestly unlawful.

11. Responsibility of Commanders and other superiors-(1) A military commander or a person effectively acting as a military commander shall be responsible for an offence under sections 5, 6 or 7 committed by forces under that person's effective command and control or as the case may be, under that person's effective authority and control, as a result of that person's failure to exercise control properly over such forces where -

(a) the person either knew, or owing to the circumstances at the time, should have known that the forces were committing or about to commit such offence; and

(b) the person failed to take all necessary and reasonable measures within the person's power to prevent or repress their commission or to submit the matter to the competent authorities for investigation or prosecution.

(2) With respect to superior and subordinate relationships not described in subsection (1), a superior shall be criminally responsible for offences under sections 5, 6 or 7 committed by subordinates under the person's effective authority and control, as a result of the person's failure to exercise control over such subordinates where -

(a) the person either knew, or consciously disregarded information which clearly indicated, that the subordinates were committing or about to commit such offence;

(b) the offences concerned activities that were within the effective responsibility and control of the superior; and

(c) the person failed to take all necessary and reasonable measures within the person's power to prevent or repress their commission or to submit the matter to the competent authorities for investigation and prosecution.

(3) A person responsible under this section for an offence under sections 5, 6 or 7 shall, for the purposes of this Part of this Act, be regarded as having aided, abetted, counseled or procured the commission of that offence.

12. Temporal Jurisdiction for Offences under sections 5, 6 or 7 - Proceedings for an offence under sections 5, 6 or 7 may be instituted if the act or omission constituting the offence is alleged to have been committed -

(a) on or after the date on which this Act comes into force; or

(b) on or after July 1, 2002 and before the date on which this Act comes into force.

13. Jurisdiction to try offences under sections 5, 6 or 7-

(1) Where an act constituting an offence under sections 5, 6 or 7 is committed, proceedings may be instituted against that person for that offence in Samoa, if -

(a) the offence is committed in Samoa;

(b) the person is a citizen or permanent resident of Samoa;

(d) the person is, after the commission of the offence, present in Samoa.

14. Pleas of autrofois acquit and convict-(1) Where a person is alleged to have committed an act which constitutes an offence under sections 5, 6 or 7 and that person has been tried and dealt with by a court in another state outside Samoa in respect of that offence in such a manner that, had the person been tried and dealt with in Samoa for that offence the person would have been able to plead autrofois acquit, autrofois convict or pardon, the person shall be deemed to have been so tried and dealt with.

(2) Notwithstanding anything in subsection (1), a person shall not be deemed to have been dealt with as provided for in that subsection, if the person had been tried and dealt with in a court outside Samoa and the proceedings in such court -

(a) were for the purpose of shielding that person from criminal liability; or

(b) were not otherwise conducted independently or impartially in accordance with the norms of due process recognised by international law, and conducted in a manner that, in the circumstances, was inconsistent with an intention to bring the person to justice.

15. Limitations on bringing matters to court - The crimes within the jurisdiction of the ICC shall not be subject to any law relating to the limitations of initiating proceedings in a court of law.

16. Attorney General's consent required for prosecutions under sections 5, 6 or 7-(1) No proceedings for an offence under sections 5, 6 or 7 of this Act shall be instituted in any court in Samoa except with the consent of the Attorney General.

(2) Notwithstanding anything in subsection (1), a person charged with an offence under sections 5, 6 or 7 may be arrested, or a warrant for the person's arrest may be issued and executed, and the person may be remanded in custody or on bail, even though the consent of the Attorney-General for the institution of proceedings against that person for that offence has not been obtained, but no further steps shall be taken in the proceedings until that consent has been obtained.

(3) Proceedings for an offence under sections 5, 6 or 7 may be conducted only by the Attorney General or any person acting on the Attorney General's behalf.

17. Corruption of Judge etc.-(1) A Judge who, in Samoa or elsewhere, corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, a bribe for themselves or any other person in respect of an act -

(a) done or omitted to be done by that Judge in the Judge's judicial capacity; or

(b) to be done or to be omitted to be done by that Judge in the Judge's judicial capacity, shall be guilty of an offence and shall be liable, on conviction after trial on indictment, to imprisonment for a term not exceeding 7 years.

(2) A Judge, Registrar, Deputy Registrar, Attorney General, Assistant Attorney General, or the Prosecutor or Deputy Prosecutor who, in Samoa or elsewhere, corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, a bribe for himself or herself or any other person in respect of an act -

(a) done or omitted to be done by that Judge, Registrar, Deputy Registrar, Attorney General, Assistant Attorney General, or the Prosecutor or Deputy Prosecutor, in the person's official capacity (other than an act or omission to which subsection (1) applies); or

(b) to be done or to be omitted to be done by that Judge, Registrar, Deputy Registrar, Attorney General, Assistant Attorney General, or the Prosecutor or Deputy Prosecutor in the person's official capacity (other than an act or omission to which subsection (1) applies),

shall be guilty of an offence and shall be liable, on conviction after trial on indictment, to imprisonment for a term not exceeding 3 years.

(3) In this section and in sections 18 and 23 -

"Deputy Registrar" means a Deputy Registrar of the ICC;

"Judge" means a Judge of the ICC;

"Registrar" means the Registrar of the ICC

"Prosecutor" means the Prosecutor of the ICC; and

"Deputy Prosecutor" means a Deputy Prosecutor of the ICC.

18. Bribery of Judge etc.-(1) Every person who, in Samoa or elsewhere, corruptly gives or offers, or agrees to give, a bribe to any person with intent to influence a Judge in respect of any act or omission by that Judge in the Judge's judicial capacity shall be guilty of an offence and shall be liable, on conviction after trial on indictment, to imprisonment for a term not exceeding 3 years.

(2) Every person who, in Samoa or elsewhere, corruptly gives or offers, or agrees to give, a bribe to any person with intent to influence a Judge or the Registrar or the Deputy Registrar, Attorney General, Assistant Attorney General, or the Prosecutor or Deputy Prosecutor or in respect of an act or omission by that Judge, Registrar, Deputy Registrar, Attorney General, Assistant Attorney General, or the Prosecutor or Deputy Prosecutor in the person's official capacity (other than an act or omission to which subsection (1) applies) shall be guilty of an offence and shall be liable, on conviction after trial on indictment, to imprisonment to a term not exceeding 3 years.

19. Corruption and bribery of official of ICC-(1) An official of the ICC who, in Samoa or elsewhere, corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, a bribe for themselves or any other person in respect of an act -

(a) done or omitted to be done by that officer in the person's official capacity; or

(b) to be done or to be omitted to be done by that officer in the person's official capacity,

shall be guilty of an offence and shall be liable, on conviction after trial on indictment, to imprisonment for a term not exceeding 3 years.

(2) Every person who, in Samoa or elsewhere, corruptly gives or offers, or agrees to give, a bribe to any person with intent to influence an official of the ICC in respect of an act or omission by that officer in the person's official capacity shall be guilty of an offence and shall be liable, on conviction after trial on indictment, to imprisonment for a term not exceeding 3 years.

(3) In this section and in section 23, "official of the ICC" means a person employed under article 44 of the Statute.

20. False evidence-(1) Every person who gives evidence for the purposes of a proceeding before the ICC or in connection with a request made by the ICC that contains an assertion that, if made in a judicial proceeding in Samoa as evidence on oath, would constitute perjury, shall be deemed to have given false evidence.

(2) Every person, who in Samoa or elsewhere, gives false evidence shall be guilty of an offence and shall be liable, on conviction after trial on indictment, to imprisonment for a term not exceeding 2 years.

21. Fabricating evidence before ICC - Every person who, in Samoa or elsewhere, with intent to mislead the ICC, fabricates evidence by any means other than by the giving of false evidence shall be guilty of an offence and shall be liable, on conviction after trial on indictment, to imprisonment for a term not exceeding 3 years.

22. Conspiracy to defeat justice in ICC - Every person who, in Samoa or elsewhere, in relation to any proceedings, request, or other matter referred to in the Statute, conspires to obstruct, prevent, pervert, or defeat the course of justice, shall be guilty of an offence and shall be liable, on conviction to imprisonment for a term not exceeding 3 years.

23. Interference with witnesses or officials - Every person who, in Samoa or elsewhere -

(a) dissuades or attempts to dissuade any person, by threats, force, bribery or other means, from giving evidence for the purposes of a proceeding before the ICC or in connection with a request made by the ICC; or

(b) makes threats or uses force against any Judge, the Registrar, or a Deputy Registrar, the Attorney General, or an Assistant Attorney General, the Prosecutor or a Deputy Prosecutor or any official of the ICC with intent to influence or punish that person, in respect of an act -

(i) done or omitted by that person or any Judge, the Registrar, a Deputy Registrar, the Attorney General, or an Assistant Attorney General, the Prosecutor or a Deputy Prosecutor or any official of the ICC, in the person official capacity; or

(ii) to be done or omitted by that person or any Judge, the Registrar, a Deputy Registrar, the Attorney General, or an Assistant Attorney General, the Prosecutor or a Deputy Prosecutor or any official of the ICC, in the person official capacity; or

(c) intentionally attempts in any other way to obstruct, prevent, pervert, or defeat the course of justice, in relation to any proceedings, request, or other matter referred to in the Statute, shall be guilty of an offence and shall be liable, on conviction after trial on indictment, to imprisonment to a term not exceeding 3 years.

24. Jurisdiction to try offences under sections 17 to 23-(1) Where an act constituting an offence under sections 17 to 23 is committed by any person outside the territory of Samoa, proceedings may be instituted against that person for that offence in Samoa, if -

(a) the offence is committed in Samoa;

(b) the person is a citizen or permanent resident of Samoa;

(d) the person is, after the commission of the offence, present in Samoa.

25. Trial of offences committed outside Samoa - Where an act constituting an offence under this Part of this Act is alleged to have been committed by a person outside the territory of Samoa, proceedings may be instituted against such person for that offence in any court in Samoa having jurisdiction to try such offences, and such court shall have all the powers to try such offence as if the offence had been committed within the territorial limits of the court's jurisdiction.

26. Attorney General's consent required for prosecutions under sections 17 to 23-(1) No proceedings for an offence under sections 17 to 23 shall be instituted in any court in Samoa except with the consent of the Attorney General.

(2) Notwithstanding anything in subsection (1), a person charged with an offence under sections 17 to 23 may be arrested, or a warrant for the person's arrest may be issued and executed, and the person may be remanded in custody or on bail, even though the consent of the Attorney-General for the institution of proceedings against that person for that offence has not been obtained, but no further steps shall be taken in the proceedings until that consent has been obtained.

PART III
GENERAL PROVISIONS RELATING TO REQUESTS FOR ASSISTANCE

27. Application-(1) This Part of this Act shall apply to all requests for assistance received under Parts, IV, V and VI.

(2) Parts IV,V, and VII shall apply to every request made by the ICC, whether the acts under investigation or subject to prosecution are alleged to have been committed before or after the date on which this Act comes into force.

(3) Part VI shall apply to the enforcement of every sentence, penalty or order of the ICC, whether the offence to which the sentence, penalty or order relates was committed before after the date on which this Act comes into force.

(4) Part VII shall apply to every investigation or sitting of the ICC whether the alleged offence or offence to which the investigation or sitting relates was committed before or after the date on which this Act comes into force.

28. Requests for assistance - A request for assistance is a request made by the ICC to the Minister, in respect of an investigation or prosecution that the Prosecutor is conducting or proposing to conduct, in relation to a crime within the jurisdiction of the ICC, for:

(a) assistance in respect of any one or more of the following, namely -

(i) the provisional arrest, arrest, and surrender to the ICC of a person in relation to whom the ICC has issued an arrest warrant or given a judgment of conviction;

(ii) the identification and whereabouts of persons or the location of items;

(iii) the taking of evidence, including testimony under oath, and the production of evidence, including expert opinions and reports necessary to the ICC;

(iv) the questioning of any person being investigated or prosecuted;

(v) the service of documents, including judicial documents;

(vi) facilitating the voluntary appearance of persons (other than prisoners) as witnesses or experts before the ICC;

(vii) the temporary transfer of prisoners;

(viii) the examination of places or sites, including the exhumation and examination of gravesites;

(ix) the execution of searches and seizures;

(x) the provision of records and documents, including official records and documents;

(xi) the protection of victims and witnesses and the preservation of evidence;

(xii) the identification, tracing and restraining, or seizure of proceeds of crimes for the purpose of eventual forfeiture, without prejudice to the rights of bona fide third parties; and

(b) any other type of assistance that is not prohibited by the law of Samoa with a view to facilitating the investigation and prosecution of crimes within the jurisdiction of the ICC and the enforcement of orders of the ICC made after convictions for such crimes.

29. Making of requests-(1) Subject to subsection (2), a request for assistance shall be made in writing, directly to the Minister.

(2) A request for provisional arrest under article 92 of the Statute or an urgent request for other forms of assistance under article 93 of the Statute may be made using any medium capable of delivering a written record.

(3) Where a request is made for supporting documents to be transmitted, this Act shall apply as if the documents so sent were the originals and a copy of such documents shall be receivable in evidence.

(4) If a request is made in accordance with subsection (2), it shall be followed by a written request under subsection (1).

30. Confidentiality of requests - A request for assistance and any document or part of a document supporting the request shall be kept confidential by any person dealing with the request in whole or in part, except to the extent that disclosure is necessary for execution of the request.

31. Execution of requests - A request for assistance shall be executed in the manner specified in the request, including following any procedure outlined therein and permitting the presence and participation of persons specified in the request in the execution process, unless execution in this manner is prohibited under the law of Samoa.

32. State or Diplomatic immunity-(1) Any state or diplomatic immunity attaching to a person or premises by reason of a connection with a State Party to the ICC Statute does not prevent proceedings under this Act, in relation to that person.

(2) If the Minister is of the opinion that a request for provisional arrest, arrest and surrender or other assistance would require Samoa to act inconsistently with its obligations under international law with respect to the State or diplomatic immunity of a person or property of another state which is not a party to the Statute, the Minister shall consult with the ICC and request a determination as to whether article 98(1) of the Statute applies.

(3) If the Minister is of the opinion that a request for provisional arrest or arrest and surrender would require Samoa to act inconsistently with its obligations under an international agreement with a state which is not a party to the Statute pursuant to which the consent of the sending state is required to surrender a person of that State to the ICC, the Minister shall consult with the ICC and request a determination as to whether article 98(2) of the Statute applies.

33. Response to requests-(1) The Minister shall notify the ICC without undue delay, of the person's response to a request for assistance and the outcome of any action that has been taken to execute the request.

(2) Before deciding to postpone or refuse a request the Minister shall consult with the ICC to ascertain whether the assistance sought could be provided subject to conditions or at a later date or in an alternative manner.

(3) If the Minister decides, in accordance with the Statute and this Act, to refuse or postpone the assistance requested, in whole or in part, the notification to the ICC shall set out the reasons for the decision.

(4) If the request for assistance cannot be executed for any other reason, the Minister shall set out in the notification to the ICC, the reasons for the inability to execute the request.

34. Consultations-(1) Where the Minister receives a request under this Part in relation to which the Minister identifies problems which may impede or prevent the execution of the request, the Minister shall consult with the Court without delay in order to resolve the matter.

(2) Problems identified under subsection (1) may include:

(a) insufficient information to execute the request;

(b) in the case of a request for surrender, the person sought cannot be located or that the investigation conducted has determined that the person in Samoa is clearly not the person named in the warrant; or

(c) the fact that execution of the request in its current form would require the requested State to breach a pre-existing treaty obligation undertaken with respect to another State.

PART IV
ARREST AND SURRENDER OF PERSON TO ICC

35. Application of this Part - This Part of this Act applies to requests for assistance from the ICC, for the arrest and surrender, or the provisional arrest, of a person.

36. Request for arrest and surrender-(1) Subject to sections 38 and 39, when the Minister receives a request for arrest and surrender of a person alleged to have committed a crime within the jurisdiction of the ICC or on whom a judgment of conviction has been imposed by the ICC the Minister shall, if satisfied that the request is supported by the information and documents required by article 91 of the Statute -

(a) transmit the request and any supporting documents to a Judge; and

(b) notify the Attorney General.

(2) Upon receipt of a request under subsection (1)(a) a Judge shall -

(a) if the request is accompanied by a warrant of arrest issued by the ICC, endorse the warrant for execution by a police officer in any part of Samoa; or

(b) if the request is accompanied by a judgment of conviction of the ICC, issue a warrant for the arrest of the person to whom the judgment relates, for execution by a police officer in any part of Samoa.

37. Rights of arrested person-(1) A person arrested under a warrant obtained in accordance with section 36 or pursuant to a direction under section 42 shall be brought before a Judge within 48 hours.

(2) The Judge may, of the Judge's own motion or at the request of the person, determine -

(a) whether the person was lawfully arrested in accordance with the warrant or the direction; and

(b) whether the person's rights have been respected in the course of the arrest.

(3) In making a determination under subsection (2) the Judge shall apply the principles applicable to judicial review.

(4) If the Judge determines that -

(a) the person was not lawfully arrested; or

(b) the person's rights were not respected,

the Judge shall make a declaration to that effect with any explanation required but may not grant any other form of relief.

38. Refusal of request for arrest and surrender-(1) The Minister shall refuse a request for arrest and surrender, at any time before the surrender of the person, only if -

(a) the ICC has determined that the case to which the request relates is inadmissible on any ground; or

(b) the ICC advises that it does not intend to proceed with the request for any reason, including but not limited to a determination by the ICC that article 98 of the Statute applies to the execution of the request.

(2) The Minister may refuse a request for arrest and surrender of a person, at any time before the surrender of the person only if -

(a) there is a competing request from one or more States not party to the Statute for the extradition of the person for the same conduct as that which constitutes the crime for which the ICC seeks the person's surrender and a decision to extradite to a State is made in accordance with article 90 of the Statute and section 40; or

(b) there is a competing request from one or more States not party to the Statute for the extradition of the person for different conduct from that which constitutes the crime for which the ICC requests the person's surrender and a decision to extradite to a State is made in accordance with article 90 of the Statute and section 40.

(3) If the Minister decides to refuse a request for arrest and surrender in accordance with subsection (1) or (2) after the Minister has transmitted a request under section 36, the Minister shall notify the Judge who shall cancel any warrant or delivery order issued by the Judge and ensure the person's release from custody or conditions prescribed in relation to bail arising from that warrant or order.

39. Postponement of execution of request for arrest and surrender-(1) The Minister may postpone the execution of a request for arrest and surrender at any time before the surrender of the person only if -

(a) a determination on admissibility is pending before the ICC;

(b) the request would interfere with an investigation or prosecution in Samoa involving a different offence from that for which surrender to the ICC is requested;

(c) the Minister is consulting with the ICC under section 32 as to whether or not article 98 of the Statute applies to the execution of the request.

(2) If execution of the request for arrest and surrender is postponed under subsection (1)(a) and the ICC decides that the case is admissible, the Minister shall proceed with the execution of the request as soon as possible after the decision of the ICC.

(3) If the execution of the request for arrest and surrender is postponed under subsection (1)(b), the Minister shall consult with the ICC and agree on a period of time for postponement of the execution of the request in accordance with article 94 of the Statute, and the Minister shall proceed with execution of the request after the lapse of that period, unless otherwise agreed with the ICC.

(4) If execution of the request for arrest and surrender is postponed under subsection (1)(c) and the ICC decides to proceed with the request, the Minister shall proceed with the execution of the request as soon as possible after the decision of the ICC.

(5) If the Minister decides to postpone execution of a request for arrest and surrender in accordance with this section after the Minister has transmitted a request under section 36, the Minister shall -

(a) notify the Judge of the postponement and the Judge shall adjourn any pending proceedings until further notice from the Minister; and

(b) notify the Judge at the relevant time whether the execution of the request is to proceed or not, and the Judge shall proceed accordingly with the execution of the request or the discharge of the person.

(6) A decision by the Minister to postpone the execution of a request shall not affect the validity of any act that has been done or any warrant or order made under this Part of this Act prior to the decision, and any such warrant or order shall remain in force unless cancelled by the Judge in accordance with subsection (5)(b).

40. Competing requests-(1) Where a request for arrest and surrender of a person is received from the ICC and one or more states also request the extradition of the person for the same conduct as that which constitutes the crime for which ICC seeks the person's surrender, the Minister -

(a) shall notify ICC and the requesting state of that fact; and

(b) shall determine whether the person is to be surrendered to the ICC or to the requesting state.

(2) Where the request for extradition of a person for the same conduct as that which constitutes the crime for which the ICC seeks the person's surrender is made by a state which is a party to the Statute, priority shall be given to the request from the ICC if the ICC has determined under articles 18 or 19 of the Statute that the case is admissible, and where an admissibility decision is pending before the ICC, no person shall be extradited under the laws relating to extradition until the ICC makes a decision on admissibility and determines that the case is inadmissible.

(3) Where the request for extradition of a person for the same conduct as that which constitutes the crime for which the ICC seeks the persons surrender is made by a state which is not a party to the Statute, priority shall be given to the request for arrest and surrender from the ICC, if Samoa is not under an international obligation to extradite the person to the requesting state and the ICC has determined under article 18 or 19 of the Statute that the case is admissible.

(4) Where the request for extradition of a person for the same conduct as that which constitutes the crime for which the ICC seeks the person's surrender is made by a state which is not a party to the Statute and Samoa is under an international obligation to extradite the person to the requesting state and the ICC has determined under article 18 or 19 of the Statute that the case is admissible, the Minister shall determine whether the person is to be surrendered to the ICC or extradited taking into consideration all the relevant factors including but not limited to, the respective dates of the requests, the interests of the requesting state including, where relevant, whether the crime was committed in its territory, the nationality of the victims and the person sought to be extradited, and the possibility of subsequent surrender between the ICC and the requesting state.

(5) Where a request for arrest and surrender is received from the ICC and one or more states also request the extradition of the person for conduct other than that which constitutes the crime for which ICC seeks the person's surrender, priority shall be given to the request from the ICC if Samoa is not under an international obligation to extradite the person to any requesting state.

(6) Where a request for surrender is received from the ICC and one or more states also request the extradition of the person for conduct other than that which constitutes the crime for which ICC seeks the person's surrender, and Samoa is under an international obligation to extradite to one or more of the requesting states, the Minister shall determine whether the person is to be surrendered to the ICC or extradited to a requesting state taking into consideration all the relevant factors referred to in subsection (4) as well as the relative nature and gravity of the conduct in question.

41. Official capacity not a bar to arrest and surrender - Subject to section 32, the existence of any immunity or special procedural rule attaching, under domestic or international law, to a person shall not be a ground for -

(a) refusing or postponing a request by the ICC for the arrest and surrender of that person; or

(b) holding that that person is ineligible for arrest and surrender to the ICC.

42. Provisional arrest-(1) Where the Minister receives a request from the ICC for provisional arrest of a person under article 92 of the Statute, the Minister shall, if satisfied that the request is supported by the information required by paragraph (2) of article 92 of the Statute, transmit the request and any supporting documents to the Commissioner of Police with a direction for the arrest of the person.

(2) The Minister shall transmit a copy of the direction to the Attorney General.

(3) Where the Commissioner of Police receives a direction from the Minister under subsection (1), the Commissioner shall instruct the police to carry out the direction.

(4) The Commissioner of Police shall, after carrying out the direction, notify the Minister and the Attorney General that the direction has been carried out.

(5) Where a person has been provisionally arrested under this section, and the Minister receives the formal request for arrest and surrender as provided for in article 91 of the Statute, the Minister shall immediately send a notice to the Judge and proceed with the transmission of the request in accordance with section 36.

(6) The Judge shall send any declaration made under subsection (4) to the Minister, and the Minister shall transmit it to the ICC.

43. Person arrested on a provisional warrant-(1) Where a person has been provisionally arrested under section 42, the Judge shall not proceed under section 45 until -

(a) the Judge has received a notice from the Minister that the request for surrender and supporting documents required under article 92 of the Statute have been received by the Minister; and

(b) the relevant documents have been transmitted to the Judge by the Minister under section 42(5).

(2) Pending the receipt of the notice and documents under subsection (1), the Judge may adjourn the proceedings from time to time.

(3) If the Judge has not received the notice specified in subsection (1)(a) within 60 days of the date of the provisional arrest of the person, the Judge shall release the person from custody or on bail unless satisfied that the period for submission of the notice should be extended in the interests of justice.

(4) Notwithstanding subsection (4), a person who is provisionally arrested may consent to surrender before the expiration of 60 days, in which case, the Minister shall proceed to surrender the person to the Court as soon as possible.

(5) The release of a person under subsection (3) shall be without prejudice to any subsequent proceedings that may be brought for the arrest and surrender of the person to the ICC whether for the same facts and offence or not.

44. Application for bail-(1) A person brought before a Judge under section 42 may make an application for bail.

(2) Where an application for bail is made under subsection (1), the Judge shall adjourn the hearing of the application and notify the Minister.

(3) The Minister shall, on receipt of a notification under subsection (2), consult immediately with the ICC to obtain any recommendations from the Pre-Trial Chamber under article 59(5) of the Statute, and shall convey those recommendations to the Judge.

(4) The Judge shall give full consideration to any recommendations conveyed to the Judge under subsection (3) before making a decision on the application for bail.

(5) Where no recommendations are received from the ICC within seven days of the Minister being notified of the application for bail, the Judge may proceed to hear the application.

(6) The Judge shall not release a person brought before the Judge under section 42 on bail, unless the Judge is satisfied that, having regard to the crimes alleged to have been committed by that person, there are urgent and exceptional circumstances that justify the persons release on bail and that there are sufficient safeguards to ensure that Samoa will be able to fulfill its obligations under the Statute to surrender such person to the ICC.

45. Surrender hearing-(1) The Judge before whom a person arrested under section 36 or 42 is brought shall satisfy themselves that -

(a) there is a warrant of arrest issued by the ICC or a judgment of conviction by the ICC, in respect of that person; and

(b) the warrant or judgment relates to the person before the Judge.

(2) Upon the Judge being satisfied of the matters referred to in paragraphs (a) and (b) of subsection(1) with respect to the arrested person, the Judge shall, subject to section 43, issue a delivery order in respect of that person in accordance with article 59(7) of the Statute.

(3) Where the Judge issues a delivery order under subsection (2), the Judge shall -

(a) transmit the delivery order to the Commissioner of Police for execution;

(b) commit the person to custody pending the execution of the delivery order by the Commissioner of Police;

(d) inform the person in the ordinary language of the person's right to make an application to the Supreme Court for a mandate in the nature of a writ of habeas corpus.

(4) If the person who is the subject of a delivery order -

(a) is in custody, the Judge shall order the continued detention of the person under the delivery order and notify the Commissioner of Prisons and the Chief Gaoler of the prison, of the delivery order; or

(b) is not in custody, the Judge shall, subject to any order with regard to bail, commit the person to custody and shall notify the Commissioner of Prisons and the Chief Gaoler of the prison.

(5) Subject to subsection (6), the Commissioner of Police shall make arrangements with the ICC for the execution of the delivery order as soon as possible, and shall notify the Minister when the person has been surrendered to the ICC or the state of enforcement, in execution of the delivery order.

(6) Subject to section 47, the Commissioner of Police shall not make arrangements with the ICC for the execution of the delivery order -

(a) until after the expiration of the period prescribed by law for making an application for habeas corpus by the person to whom the order relates; or

(b) if an application for habeas corpus is made by such person within such period, until after the final determination of the application.

(7) A delivery order issued under this section is sufficient authority for holding the person specified in the order in custody until the person's delivery to the ICC.

(8) In deciding whether to make a delivery order under this section -

(a) the Judge shall not require evidence to establish that the trial of the person for the crime that the person he is alleged to have committed is justified before the ICC or would be justified under the law of Samoa if the act constituting such crime had been committed in Samoa; and

(b) the Judge shall not receive evidence with respect to, nor adjudicate on, any claim by the person that the person has been previously tried or convicted for the conduct for which the ICC seeks surrender of the person.

(9) If the person makes a claim, under subsection (8) (b), the Judge shall advise the Minister of this claim and the Minister shall transmit that information to the ICC.

46. Judge not to inquire into validity of warrant - In proceedings under this Part of this Act the Judge shall not inquire into, receive any evidence regarding, or make any decisions as to, the validity of any warrant or order issued or made by the ICC.

47. Surrender by consent-(1) A person may at any time notify a Judge that the person consents to being surrendered to the ICC for the crime or crimes for which the ICC seeks the surrender of the person.

(2) The Judge may accept the notification of consent under subsection (1) if -

(a) the person is before the Judge when notification of the consent to surrender is given; and

(b) the Judge is satisfied that the person has freely consented to the surrender in full knowledge of its consequences.

(3) Nothing in this section shall be construed as preventing a person, in respect of whom the Judge has made a delivery order, from subsequently notifying the Minister that the person consents to surrender.

(4) For the avoidance of doubt a person arrested under a provisional warrant may consent to surrender before a request for surrender is received, in which case the Judge may make an order under subsection (5).

(5) Where the consent to surrender has been given, the Judge shall immediately make a delivery order in the same terms as section 45(2) and such of the provisions of sections 45 and 46 as are applicable shall thereupon apply.

48. Effect of delivery order-(1) A delivery order is sufficient authority for any person to receive the person to whom the order relates, keep the person in custody and convey the person to the place where the person is to be delivered up into the custody of the ICC or of the state of enforcement, in accordance with arrangements made by the Commissioner of Police.

(2) A person in respect of whom a delivery order is in force shall be deemed to be in legal custody pending delivery up under the order.

(3) If a person in respect of whom a delivery order is in force escapes or is unlawfully at large, the person may be arrested without warrant and taken to the place where the person is required to be or to be taken.

49. Procedure where Judge refuses order-(1) Where the Judge refuses to make a delivery order under section 45, the Judge shall make an order remanding the person arrested in custody for fourteen days, and shall notify the Minister of the person's decision and of the grounds for it.

(2) The Minister may appeal to the Court of Appeal, as the case may be against the decision by the Judge refusing to make a delivery order.

(3) Where the Judge is informed that an appeal is to be taken against the decision, the order remanding the person arrested shall continue to have effect until the appeal is determined and the person is either discharged or the delivery order is executed.

(4) Where the Court of Appeal allows the appeal, it may make a delivery order or remit the case to the Judge to make a delivery order in accordance with the decision of the Supreme Court.

(5) Where the Court of Appeal dismisses the appeal, the person shall be discharged in accordance with the decision of the Supreme Court.

50. Discharge of person not delivered up-(1) If the person in respect of whom a delivery order has been made is not delivered up under the order within 60 days after the expiration of the period prescribed by law for making an application for habeas corpus or, if such an application is made within 60 days, after the final determination of the application, that person or someone duly authorised by the person may make an application to the Judge who made the delivery order, for the person's discharge.

(2) On an application made under this section, the Judge shall order the persons discharge unless reasonable cause is shown for the delay.

(3) The discharge of a person under subsection (2) shall be without prejudice to any subsequent proceedings that may be brought for the arrest and surrender of the person to the ICC whether for the same facts and offence or not.

51. Discharge of person no longer required to be surrendered-(1) Where the ICC informs the Minister that the person arrested upon the request of the ICC is no longer required to be surrendered, the Minister shall notify the Judge of that fact and the Judge shall on receipt of the notification make an order for the discharge of the person.

(2) The discharge of a person under subsection (1) shall be without prejudice to any subsequent proceedings that may be brought for the arrest and surrender of the person to the ICC whether for the same facts and offence or not.

52. Request for temporary surrender-(1) Where a request for arrest and surrender by the ICC relates to a crime within the jurisdiction of the ICC but the person is subject to proceedings for a different offence in Samoa which have not been finally disposed of or is liable to serve a sentence of imprisonment imposed by a court in Samoa for a different offence, the Minister may authorise the temporary transfer of that person to the ICC.

(2) The Minister may, before making an authorisation under subsection (1), seek an undertaking from the ICC that the person shall be returned on completion of proceedings before the ICC or service of sentence imposed by the ICC, as the case may be.

(3) Subsections (2), (3), (4) and (5) of section 67 shall apply to an authorisation under subsection (1) with any necessary modifications.

53. Request for transit of a person to ICC-(1) Subject to subsection (4), where the Minister receives a request from the ICC for transit through Samoa of a person -

(a) being surrendered or transferred by another state to the ICC;

(b) being transferred from the ICC to a State of enforcement;

(c) being transferred to or from the State of enforcement as a result of a review hearing or other appearance by the person before the ICC,

the Minister shall accede to the request for transit and the person shall be deemed, during transit, to be in lawful custody and may be held in any police station, prison or any other place of detention which may be designated by the Minister in consultation with the other relevant Ministers.

(2) If a person referred to in subsection (1) arrives in Samoa without prior consent to transit, a police officer may at the request of the officer who has custody of the

person being transported, hold the person in custody for a maximum period of 96 hours pending receipt by the Minister of a request under subsection (1).

(3) No authorisation for transit is required if the person being transported is transported by air and no landing is scheduled on the territory of Samoa.

(4) Notwithstanding subsection (1), the Minister may refuse a request for transit if the Minister considers that transit through Samoa would impede or delay the surrender or transfer of the person being transported.

(5) If an unscheduled landing occurs on the territory of Samoa, the Minister may require the ICC to submit a request under subsection (1), for transit of the person being transported as soon as is reasonably practicable.

54. Waiver of requirements of article 101 of the Statute - Where a person is surrendered to the ICC under this Part of this Act and the ICC requests the waiver of the requirements of paragraph (1) of article 101 of the Statute with respect to that person, the Minister, having regard to the information provided by the ICC with respect to that person, shall endeavor to consent to the person being proceeded against, punished or detained for conduct committed prior to surrender, not being conduct constituting crimes for which the person has been surrendered to the ICC.

PART V
REQUESTS FOR OTHER TYPES OF ASSISTANCE

55. Application of this Part - This Part of the Act applies to requests for assistance by the ICC, other than requests for arrest and surrender, or the provisional arrest, of a person.

56. Assistance in locating or identifying persons or items-(1) Where the ICC requests assistance in locating, or identifying and locating, a person or an item believed to be in Samoa, the Minister shall give authority for the request to proceed and transmit the request to the Attorney General, if the Minister has reasonable grounds to believe the person to whom or the item to which the request relates is, or may be in Samoa.

(2) Where the Minister authorises and transmits the request under subsection (1), the Attorney General shall, without delay -

(a) use its best endeavours to locate or, as the case may be, identify and locate, the person to whom or item to which the request relates; and

(b) advise the Minister of the outcome of those endeavours.

(3) This section shall not be construed as giving any person a power to enter property in order to locate a person or item.

57. Assistance in taking evidence-(1) Where the ICC requests assistance in the taking of evidence, the Minister shall give authority for the request to proceed and transmit the request to a Judge, if the Minister has reasonable grounds to believe that the evidence can be taken in Samoa.

(2) Where the Minister authorises and transmits the request under subsection (1), the Judge shall issue an order compelling the witness to appear at a specified time and place for the person's evidence to be taken.

(3) The Judge shall, if the ICC so requests, permit a representative of the ICC or a representative of the person to whom the request relates to be present at the taking of the evidence and to put questions to the witness.

(4) In taking evidence under this section, the Judge shall do so in the manner specified in the request for assistance made by the ICC and in accordance with the procedure stipulated under Samoan law.

(5) The Judge taking evidence under this section shall -

(a) certify that the evidence was taken before the Judge and that the persons named in the certificate were present when the evidence was taken; and

(b) cause the evidence together with the certificate to be transmitted to the Minister.

58. Assistance in production of documents and articles-(1) Where the ICC requests assistance in the production of documents or articles the Minister shall give authority for the request to proceed and transmit the request to a Judge, if the Minister has reasonable grounds to believe that the documents or articles can be produced in Samoa.

(2) Where the Minister authorises and transmits the request under subsection (1), the Judge shall issue an order for the production of the documents or articles.

(3) The order may provide for any form of certification or authentication of the document or article as may be required by the ICC and may specify any other terms and conditions that may be appropriate in the circumstances.

(4) Where the documents and articles are produced duly authenticated or certified as required by the order made under subsection (3), the Judge shall cause them to be sent to the Minister, with a written statement signed by the Judge that they were produced to the Judge.

59. Applicable law-(1) The applicable law for the taking of evidence under section 57 or the production of documents or articles under section 58 shall be the Statute and Rules unless the Judge orders that the evidence shall be taken in accordance with the laws of Samoa.

(2) Notwithstanding subsection (1), a person compelled to give evidence or produce documents shall have the same privileges as if the investigation or proceeding was conducted under the laws of Samoa and the laws of Samoa relating to the non-disclosure of information, including national security information, shall apply.

(3) Nothing in subsection (1) shall be construed as requiring a person to give evidence or answer any question or produce any document or article that the person could not be compelled to give or answer or produce in an investigation being conducted by the Prosecutor or in any proceedings before the ICC.

60. Assistance in questioning persons-(1) Where the ICC requests assistance in questioning a person who is being investigated or prosecuted by the ICC, the Minister shall give authority for the request to proceed and transmit the request to the Attorney General if the Minister has reasonable grounds to believe that the person is or may be in Samoa.

(2) Where the Minister authorises and transmits the request under subsection (1), the Attorney General, without delay -

(a) use its best endeavours to undertake the questioning that the ICC has requested;

(b) ensure that the answers to the questions put are recorded in writing and make any other report on the questioning as it considers to be appropriate in the circumstances; and

(c) advise the Minister of the outcome of those endeavours and, if relevant, deliver the record and any report of the questioning to Minister.

(3) A person questioned under this section shall notwithstanding anything to the contrary in any other law, be entitled to all the rights referred to in article 55 (2) of the Statute.

61. Assistance in arranging service of documents-(1) Where the ICC requests assistance in arranging for the service of a document in Samoa, the Minister shall give authority for the request to proceed and transmit the request to the Attorney General, if the Minister has reasonable grounds to believe that the person or body to be served is or may be in Samoa.

(2) Where the Minister authorises and transmits the request under subsection (1), the Attorney General in Samoa shall, without delay -

(a) use its best endeavours to have the document served

(i) in accordance with any procedure specified in the request; or

(ii) if that procedure would be unlawful or inappropriate in Samoa,

or if no procedure is specified, in accordance with the law of Samoa; and

(b) transmit to the Minister -

(i) a certificate as to service, if the document is served; or

(ii) a statement of the reasons that prevented service, if the document is not served.

(3) In this section, document includes -

(a) a summons requiring a person to appear as a witness; and

(b) a summons to an accused that has been issued under article 60(7) of the Statute.

62. Assistance in facilitating the voluntary appearance of witness-(1) Where the ICC requests assistance in facilitating the voluntary appearance of a witness before the ICC the Minister shall give authority for the request to proceed and transmit the request to the Attorney General if the Minister is satisfied that there are reasonable grounds to believe that the witness is or may be in Samoa.

(2) In this section and in section 63 and 64, "witness" includes a person who may give expert evidence; but does not include -

(a) a person who has been accused of a crime in the proceedings to which the request relates; or

(b) a prisoner who is detained in relation to an offence against the law of Samoa.

63. Consent required - The Attorney General under section 62 shall make such inquiries as may be necessary to ascertain whether the prospective witness consents to giving evidence or assisting the ICC.

64. Minister may facilitate appearance-(1) The Minister may assist in the making of arrangements to facilitate a witness's attendance before the ICC if the Minister is satisfied that -

(a) the prospective witness has consented to giving the evidence or assistance requested; and

(b) the ICC has given any assurance requested by the Minister in respect of the witness including but not limited to an assurance that the witness will not be prosecuted or detained by the ICC in respect of any specified act or omission that occurred before the witness's departure from Samoa.

(2) The Minister may -

(a) approve and make arrangements for the travel of the witness to the ICC at the cost of the ICC, including but not limited to, the obtaining of such approvals, authorities, and permissions as are required for that purpose, including, in the case of a person who although not liable to be detained in a prison is subject to a sentence -

(i) the variation, discharge, or suspension of the conditions of the person's release from prison; or

(ii) the variation, cancellation, or suspension of the person's sentence; and

(b) take such other action for the purposes of subsection (1) as the Minister thinks appropriate.

65. Assistance in facilitating temporary transfer of prisoner - Where the ICC requests assistance in facilitating the temporary transfer to the ICC of a prisoner serving a sentence in Samoa for an offence against the law of that country, the Minister shall give authority for the request to proceed and transmit the request to the Attorney General, if the Minister has reasonable grounds to believe that the prisoner's assistance is sought for the purpose of identification or obtaining evidence or other assistance.

66. Consent required and assurances may be sought - Where the Minister authorises and transmits a request under section 65, the Attorney General shall make such inquiries as may be necessary to ascertain whether the prisoner will consent to the transfer.

67. Minister may arrange for transfer-(1) The Minister may authorise the temporary transfer of a prisoner serving a sentence in Samoa to the ICC if the Minister is satisfied that -

(a) the prisoner has consented to giving the evidence or other assistance requested; and

(b) the ICC has given any assurances requested by the Minister including but not limited to an assurance that the prisoner will not be released without prior approval of the Minister.

(2) Where the Minister authorises the temporary transfer of the prisoner serving a sentence in Samoa to the ICC, the Minister may -

(a) direct that the prisoner be released from the prison in which that prisoner is detained, for the purpose of the transfer to the ICC; and

(b) make arrangements for the prisoner to travel to the ICC in the custody of a person authorised for the purpose by the ICC.

(3) A direction given by the Minister under subsection (2) in respect of a prisoner is sufficient authority for the release of the prisoner from the prison in which the prisoner is detained, for the purposes of the transfer.

(4) Every person released under a direction given under subsection (2) shall be treated, for the purposes of the law in force relating to escape from lawful custody and for that purpose only, as continuing to be in the legal custody of the officer in charge of a prison from which the person is so released, while in Samoa during the period of that release.

(5) Where there is any inconsistency between subsection (4) and any other law, subsection (4) shall prevail.

68. Effect of transfer on prisoner's sentence - Where a prisoner who is serving a sentence for an offence committed in Samoa is transferred to the ICC -

(a) the prisoner shall be treated, while in custody outside Samoa in connection with the request, as being in custody for the purposes of the sentence imposed for the offence committed in Samoa which shall continue to run; and

(b) the Minister -

(i) may at any time notify the ICC that the prisoner is no longer required to be kept in custody; and

(ii) shall notify the ICC if the prisoner is no longer liable to be detained in a prison in Samoa.

69. Assistance in examining places or sites - (1) Where the ICC requests assistance in examining places or sites in Samoa, the Minister shall give authority for the request to proceed and transmit the request to the Attorney General if the Minister has reasonable grounds to believe that the place or site is located in Samoa.

(2) Where the Minister authorises and transmits the request under subsection (1), the Attorney General -

(a) shall without delay use its best endeavours to undertake the examination of the place or site in the manner that the ICC has requested;

(b) shall make such report on the examination as it considers to be appropriate in the circumstances; and

(d) may, where appropriate, apply to a Judge for an exhumation order for the exhumation and examination of the remains at a grave site.

(3) An authorisation under this section shall be deemed to authorise the Attorney General to enter a place or site for the purpose of examining it.

70. Assistance involving search and seizure-(1) Where the ICC makes a request for search and seizure, the Minister shall give authority for the request to proceed and authorise in writing, a police officer to apply to a Judge for a search warrant if the Minister has reasonable grounds to believe that any thing relevant to an investigation being conducted by the Prosecutor or proceeding before the ICC is or may be located in Samoa.

(2) Upon an application made to a Judge under subsection (1) by a police officer authorised under that subsection, the Judge may, if satisfied that the item specified in the request made by the ICC is located in Samoa issue a warrant authorising that police officer or any other police officer specified in the warrant to search for and seize that item.

(3) The Judge may issue a warrant under subsection (2) subject to such conditions as the Judge may think fit to impose.

(4) Subject to any condition specified in the warrant, a warrant issued under subsection (2) shall authorise the police officer executing the warrant -

(a) to enter and search any place or to stop and search any vehicle in which the item specified in the warrant is located or held, at any time by day or night;

(b) to use such assistants as may be reasonable in the circumstances for the purpose of such entry and search;

(c) to use such force as is reasonable in the circumstances to effect entry to such place or to stop or board such vehicle, and to break any receptacle in which the item specified in the warrant is placed; and

(d) to search for and seize the item.

(5) A person called on to assist a police officer executing a warrant issued under subsection (2) may exercise the powers referred to in paragraph (c) and (d) of subsection (4).

(6) A police officer executing a warrant issued under subsection (2) shall -

(a) produce such warrant on initial entry, and if required to do so, at any time there after;

(b) give to the owner of the item seized or any other person whom the police officer has reason to believe has an interest in such item, a notice specifying -

(i) the date and time of execution of the warrant;

(ii) the name and position of the person executing the warrant;

(iii) the item seized under the warrant.

(7) A police officer seizing an item under the authority of a warrant issued under subsection (2) shall deliver it into the custody and control of the Commissioner of Police.

(8) The Commissioner of Police shall inform the Minister that the item has been obtained and await the Minister's directions as to how the item is to be dealt with.

(9) Except as otherwise provided in this section, the law relating to search and seizure generally, shall apply to a search and seizure under this section.

71. Assistance involving the use of other domestic investigative procedures-(1) Where the ICC requests assistance in the gathering of evidence for an investigation, the Minister shall give authority for the request to proceed and transmit the request to the Attorney General if the Minister has reasonable grounds to believe that the assistance requested is not prohibited by the law of Samoa.

(2) Where the Minister authorises and transmits the request under subsection (1), the Attorney General may -

(a) make use of any domestic powers as would be available in a domestic investigation of a similar matter to gather such evidence and any such powers under domestic law shall apply with the necessary modifications;

(b) make such report as it considers to be appropriate in the circumstances; and

72. Assistance in protecting victims and witnesses and preserving evidence-(1) Where the ICC requests -

(a) assistance under article 93(1)(j) of the Statute in protecting victims and witnesses or preserving evidence;

(b) assistance under article 19(8), or article 56(2) or (3), in preserving evidence,

in relation to an investigation by, or a proceeding before the ICC, the Minister shall give authority for the request to proceed and transmit the request to the Attorney General if the Minister has reasonable grounds to believe that the assistance requested is not prohibited by the law of Samoa.

(2) Where the Minister authorises and transmits the request under subsection (1), the Attorney General shall without delay -

(a) use its best endeavours to give effect to the request;

(b) make such report on the outcome of its endeavours as it considers to be appropriate in the circumstances; and

73. Request for assistance in the restraining and seizure of property associated to crime-(1) Where the ICC requests assistance in identifying, tracing and restraining or seizing property for the purpose of eventual forfeiture, the Minister shall give authority for the request to proceed and transmit the request to the Attorney General if the Minister has reasonable grounds to believe that the property is or may be located in Samoa.

(2) Where the Minister authorises and transmits the request under subsection (1), the Attorney General -

(a) shall use its best endeavours to give effect to the request; or

(b) may, where appropriate, apply to a Judge for a restraining or seizing order with respect to the property.

(3) An application under subsection 2(b) may be made ex parte and may be granted without a hearing.

(4) The Judge considering an application under subsection 2(b) may make a restraining or seizing order, as appropriate, if satisfied -

(a) that a forfeiture order has been made in proceedings before the ICC; or

(b) that there are reasonable grounds to believe that a forfeiture order may be made in such proceedings, and that the property to which the application for the restraining or seizing order relates consists of or includes property that is or may be affected by such a forfeiture order.

(5) A restraining or seizing order shall provide for notice to be given to any persons with an interest in the property or otherwise affected by the order.

(6) A person affected by the order may apply to a Judge for an order to vary or discharge the restraining or seizing order in relation to the person's interest.

(7) The Judge may vary or discharge the restraining or seizure order in relation to the interest of a person making an application under subsection (6) only if the Judge is satisfied that the applicant has an interest in the property, was not in any way involved in the commission of the crime to which the property relates, and had no basis to believe that the property was the proceeds of, or associated with, the crime.

(8) Subject to subsection (7), the property shall remain subject to the restraining or seizing order until the ICC issues a relevant forfeiture order in respect of the property and that order has been registered for enforcement under section 96 or the ICC advises that no such order will be issued, in which case the property shall be discharged from the restraining or seizing order.

74. Other forms of assistance - The Minister may provide any other type of assistance which is not prohibited under the laws of Samoa, with a view to facilitating the investigation and prosecution of crimes within the jurisdiction of the Court.

75. Refusal of request-(1) The Minister shall refuse a request for assistance under this Part only if -

(a) the ICC has determined that the case to which the request relates is inadmissible on any ground;

(b) the ICC advises that it does not intend to proceed with the request for any reason, including but not limited to a determination of the ICC that article 98(1) of the Statute applies to the execution of the request;

(c) the assistance sought is outside the listed types of assistance set out in article 93 (1) and the provision of the assistance is prohibited by the law of Samoa and the ICC does not accept the conditions, as contemplated by article 93 (5) of the Statute, subject to which the Minister was willing to provide the assistance; or

(d) the execution of a particular measure of assistance is prohibited in Samoa on the basis of an existing fundamental legal principle of general application and the ICC does not accept the conditions, as contemplated by article 93 (5) of the Statute, subject to which the Minister was willing to provide the assistance.

(2) The Minister may refuse a request for assistance under this Part of this Act only if -

(a) there are competing requests for assistance from the ICC and a state and the Minister has decided, in consultation with the ICC and the state, that it is not possible to execute both requests and has decided further to proceed with the execution of the request of the state, in accordance with the principles established by article 90 of the Statute and section 40; or

(b) the refusal is authorised under Part VII.

(3) If the Minister decides to refuse a request for assistance in accordance with subsection (1) or (2) after the Minister has transmitted the request to the Attorney General, the Minister shall inform that agency not to take any further steps to execute the request.

76. National Security-(1) Where -

(a) the ICC requests assistance under Part V for the production of documents or the taking of evidence and the Minister is of the opinion that the production of such documents or the disclosure of such evidence would be prejudicial to the national security of Samoa; or

(b) a person is required to disclose information to, or give evidence before the ICC and the person refuses to do so on the ground that the disclosure of such information or the giving of such evidence would be prejudicial to the national security of Samoa and the Minister confirms that in the person's opinion the disclosure of such information or the giving of such evidence would be prejudicial to the national security of Samoa; or

(c) the Minister is of the opinion that the disclosure of information to, or giving of evidence before the ICC in circumstances other than the circumstances referred to in paragraphs (a) and (b) would be prejudicial to the national security of Samoa, the Minister shall consult with the ICC and take reasonable steps to resolve the matter in accordance with article 72(5) of the Statute.

(2) If, after consultation with the ICC, the Minister considers that there are no means or conditions under which the information, documents or evidence requested could be provided, disclosed or given without prejudice to the national security of Samoa, the Minister may refuse the request for the production of such document or the disclosure of such evidence or refuse the authorisation of the production of such document or the disclosure of such information and shall specify to the ICC, the person's reasons for doing so, unless the specification of those reasons would itself be, in the person's opinion, prejudicial to the national security of Samoa.

77. Postponement of execution of request for assistance-(1) The Minister may postpone the execution of a request for assistance under this Part only if -

(a) a determination on admissibility is pending before the ICC;

(b) the execution of the request would interfere with an investigation or prosecution in Samoa involving a different offence from that to which the request relates;

(c) the Minister is consulting with the ICC under section 32(2) as to whether or not article 98(1) of the Statue applies to execution of the request; or

(d) there are competing requests for assistance from ICC and a state, and the Minister in consultation with ICC and the state decides to postpone the execution of the ICC's request.

(2) If execution of the request for assistance is postponed under subsection (1) (a) and the ICC decides that the case is admissible, the Minister shall proceed with the execution of the request as soon as possible after the decision of the ICC.

(3) If the execution of the request for assistance is postponed under subsection (1)(b), the Minister shall consult with the ICC and agree on a period of time for postponement of the execution of the request in accordance with article 94 of the Statute; and the Minister shall proceed with execution of the request after the lapse of the period, unless otherwise agreed with the ICC.

(4) If execution of the request for assistance is postponed under subsection (1) (c) and the ICC decides to proceed with the request, the Minister shall proceed with the execution of the request as soon as possible after the decision of the ICC.

(5) If the execution of the request for assistance is postponed under subsection (1)(d), the Minister shall proceed with the execution of the ICC's request as soon as practicable.

(6) If the Minister decides to postpone execution of a request for assistance in accordance with this section after the Minister has transmitted the request for execution to the Attorney General, the Minister shall direct that agency to postpone the execution of the request for such period as is specified in the direction.

(7) A decision by the Minister to postpone the execution of a request shall not affect the validity of any act that has been done or any warrant or order made under this Part of this Act prior to the decision, and any such warrant or order shall remain in force unless cancelled.

78. Procedure before refusing assistance - Before denying a request for assistance under the provisions of this Act, the Minister shall consider whether the assistance can be provided subject to specified conditions, or whether the assistance can be provided at a later date or in an alternative manner, provided that if the Court or the Prosecutor accepts the assistance subject to conditions, the Court or the Prosecutor shall abide by them.

79. Verification or Authentication of material - Where, in order to comply with a request of the ICC for assistance it is necessary for any evidence or other material obtained under this Part to be verified or authenticated in any manner the Minister may give directions as to the manner in which such evidence or material shall be verified.

80. Transmission of material to ICC-(1) Any evidence or other material obtained under this Part by a person other than the Minister together with any requisite verification shall be sent to the Minister for transmission to the ICC unless the Minister authorises otherwise.

(2) Where any evidence or other material is to be transmitted to the ICC there shall be transmitted -

(a) where the material consists of a document, the original or a copy; and

(b) where the material consists of any other article, the article itself or a photograph or other description of it as may be necessary to comply with the request of the ICC.

81. Certificates issued by Minister-(1) If the Minister receives a request for assistance from the ICC to which this Part of this Act applies, the Minister may issue a certificate certifying all or any of the following facts -

(a) that a request for assistance has been made by the ICC;

(b) that the request meets with the requirements of this Act; and

(2) In any proceeding under this Act, a certificate purporting to have been issued under subsection (1) shall, in the absence of proof to the contrary, be sufficient evidence of the facts certified therein.

82. Minister may request assistance from ICC - The Minister may make a request to the ICC for assistance in accordance with this Part of this Act in an investigation into, or trial in respect of, conduct that may constitute a crime within the jurisdiction of the ICC or that constitutes a crime for which the maximum penalty under the law of Samoa is a term of imprisonment of not less than 5 years.

PART VI
ENFORCEMENT OF SENTENCES AND ORDERS OF THE ICC IN SAMOA

83. Application of this Part - This Part of this Act applies to the enforcement of sentences imposed by the ICC and of orders for the payment of fines, restraining orders, forfeiture orders and orders for reparation, made by the ICC.

84. Samoa may act as State of enforcement-(1) The Minister may notify the ICC that Samoa is willing to allow persons who are ICC prisoners as a result of being sentenced to imprisonment by the ICC to serve those sentences in Samoa, subject to any conditions specified in the notification.

(2) The Minister shall, before issuing a notification under subsection (1), consult with any other relevant Minister.

85. Request for sentence to be served in Samoa-(1) Where -

(a) the Minister has issued a notification under section 84 and has not withdrawn that notification and the ICC imposes a sentence of imprisonment under the Statute on a person convicted of a crime within the jurisdiction of the ICC; and

(b) the ICC designates Samoa under article 103 of the Statute, as the State in which the sentence is to be served, the Minister shall consider whether to accept the designation.

(2) The Minister may accept the designation of Samoa as the State in which the sentence is to be served if the Minister is satisfied that ICC has agreed to the conditions specified in the notification made under section 84, and in the case of a prisoner who is not a citizen of Samoa the relevant Minister has consented to the sentence being served in Samoa.

86. Prisoner to be held in custody-(1) Where the Minister accepts the designation of Samoa as the State in which a sentence of imprisonment imposed by the ICC is to be served, the ICC prisoner may be transported to Samoa in the custody of a person authorised for the purpose by the ICC.

(2) On arrival in Samoa or, if the person is already in Samoa when the sentence is imposed, on the imposition of the sentence, the Minister shall issue an order of detention in respect of the ICC prisoner and shall cause a copy of the order to be sent to the Commissioner of Prisons.

(3) The order of detention issued under subsection (2) shall be sufficient authority for the detention of the ICC prisoner until the prisoner completes, or is released from, the sentence or is transferred to another country.

(4) Subject to subsection (7), the ICC prisoner shall be detained in accordance with the laws of Samoa as if the prisoner had been sentenced to imprisonment under the law of Samoa.

(5) Notwithstanding anything in subsection (4) or in any other law -

(a) the ICC prisoner shall have the right to communicate on a confidential basis with the ICC, without impediment from any person;

(b) a Judge of the ICC or a member of the staff of the ICC may visit the ICC prisoner for the purpose of hearing any representations by the prisoner without the presence of any other person, except any representative of the prisoner.

(6) The enforcement of a sentence of imprisonment, including any decision to release or transfer the ICC prisoner shall be in accordance with Part 10 of the Statute and the Rules.

(7) The laws of Samoa relating to parole, remission, reduction or variation of sentence and pardon shall not apply to a sentence imposed by the ICC.

87. Transfer of prisoner to ICC for review of sentence-(1) Where the ICC, under article 110 of the Statute, decides to review the sentence of an ICC prisoner who is serving that sentence in Samoa, the Minister shall direct that the prisoner be transferred to the ICC, at the expense of the ICC, for the purposes of enabling the ICC to review the prisoner's sentence.

(2) The ICC prisoner shall be transferred to and from the ICC in the custody of a person authorised for the purpose by the ICC, at the expense of the ICC.

88. Transfer of prisoner to another State to complete sentence-(1) An ICC prisoner serving a sentence in Samoa may, at any time apply to the ICC to be transferred from Samoa to complete service of sentence in another state.

(2) Where an ICC prisoner of any nationality is to be transferred from Samoa to another State to complete that sentence, the prisoner may be transported from Samoa to that State in the custody of a person authorised for the purpose by the ICC at the expense of ICC.

89. Procedure on completion of sentence - Upon -

(a) the completion of sentence in Samoa by an ICC prisoner who is not a citizen of Samoa;

(b) the release, on the direction of the ICC, of an ICC prisoner who is not a citizen of Samoa,

the Minister may issue a removal order for that ICC prisoner under section 90.

90. Removal order-(1) A removal order made by the Minister under this section -

(a) may either -

(i) require the person who is the subject of the order to be released into or taken into the custody of a police officer; or

(ii) if the person is not in custody, authorise any police officer to take the person into custody; and

(b) shall specify that the person is to be taken by a police officer and placed on board any aircraft or vessel for the purpose of effecting the person's removal from Samoa to another country; and

(2) A removal order made under this section shall continue in force until it is executed or cancelled.

91. Delay in removal-(1) If a person in respect of whom a removal order has been made is not conveyed out of Samoa within 48 hours after the order has issued, the person shall be brought before a Judge to determine, in accordance with subsection (2), whether the person should be detained in custody or released pending removal from Samoa.

(2) If a person is brought before a Judge under subsection (1), the Judge may, if the Judge is satisfied that the person is the person named in the order -

(a) issue a warrant for the detention of the person in custody if the Judge is satisfied that, if not detained, the person is likely to abscond; or

(b) order the release of the person subject to such conditions, if any, that the Judge thinks fit to impose.

92. Special rules in certain cases-(1) An ICC prisoner serving a sentence in Samoa shall not -

(a) be extradited to another country on completion of the person sentence; or

(b) be required to undergo trial for an offence under the law of Samoa that relates to an act or omission alleged to have been committed prior to the person's arrival in Samoa to serve such sentence, without agreement of the ICC. (2) Nothing in subsection (1) shall apply to an ICC prisoner who remains voluntarily in Samoa for more than 30 days after the date of completion of, or release from, the sentence imposed on the prisoner by the ICC or who voluntarily returns to the prisoner's home country after having left Samoa.

93. Immigration permit not required - A person to whom this Part of this Act applies shall not be required to hold a permit or other authorisation under the law of Samoa relating to citizenship and immigration control if, and for so long as, the person is in Samoa in accordance with this Part, whether or not the person is in custody.

94. Application to citizens of Samoa - Nothing in this Part of this Act shall be deemed to authorise the making of a removal order under section 90 in respect of a citizen of Samoa.

95. Enforcement of fines-(1) Where the ICC requests enforcement in accordance with article 109 of the Statute of an order for the payment of a fine made under article 77(2)(a) of the Statute, the Minister shall give authority for the request to proceed, if the Minister has reasonable grounds to believe that -

(a) neither the conviction in respect of which the order was imposed, nor the order for the payment of the fine is subject to further appeal; and

(b) the order can be enforced in the manner provided in this section, and shall refer the request to the Attorney General.

(2) The Attorney General shall, without delay, cause such order to be filed in the Supreme Court.

(3) An order filed in the Supreme Court under subsection (2) shall have the same force and effect as if it were an order for the payment of a fine imposed by that court and shall be enforced accordingly.

(4) The Attorney General shall make such report to the Minister on the outcome of any action taken by it to enforce the order as it considers to be appropriate in the circumstances.

(5) Nothing in this section shall be construed as limiting or affecting the provision of other types of assistance to the ICC in relation to a penalty imposed under article 77 of the Statute or as empowering the court to modify or vary the order of the ICC.

96. Enforcement of forfeiture orders-(1) Where the ICC requests enforcement in accordance with article 109 of the Statute, of an order for forfeiture of property made under article 77(2)(b) of the Statute, the Minister shall give authority for the request to proceed if the Minister has reasonable grounds to believe that -

(a) neither the conviction in respect of which the order was imposed, nor the forfeiture order, is subject to further appeal; and

(b) the property identified by the ICC is located in Samoa or that the person concerned, directly or indirectly, holds property in Samoa that may be the subject of the forfeiture order,

and shall refer the request to the Attorney General for enforcement in accordance with this section.

(2) Upon receipt of a referral under subsection (1), the Attorney General shall file the original or a certified copy of the forfeiture order of the ICC with the Supreme Court.

(3) Upon the filing of the order in the Supreme Court under subsection (2), the court may direct the Attorney General to do either or both of the following -

(a) give notice of the filing, in the manner and within the time the court considers appropriate to such persons, other than a person convicted of a crime in respect of which the order was made, as the court has reason to believe may have an interest in the property;

(b) publish notice of the filing in the manner and within the time the court considers appropriate.

(4) A forfeiture order filed in the Supreme Court under subsection (2) shall have, from the date it is filed, the same force and effect as if it were an order for the forfeiture of property issued by that court and shall be enforced accordingly.

(5) A forfeiture order filed under subsection (2) shall not be enforced until after the expiry of any period specified by the court in any notice given or published under subsection (3), or two months from the filing of the order, whichever is the longer period.

(6) Where a forfeiture order is filed in the Supreme Court under subsection (2), a person, other than a person convicted of a crime in respect of which the order was made, who claims an interest in the property, may apply to the court, with notice to the Attorney General.

(7) A person on whom notice of the hearing of the ICC held in connection with the making of the forfeiture order was served or who appeared at the hearing shall not make an application under subsection (6) without leave of the court.

(8) The Supreme Court shall grant leave under subsection (7) only where it determines that it would be contrary to the interests of justice not to do so.

(9) An application under subsection (6) shall be made before the expiry of any period specified in a notice made or published under subsection (3) or within two months of the filing of the order, whichever is the longer period, unless the court grants leave.

(10) On an application under subsection (6), the court may make an order for the enforcement of the forfeiture order subject to the interest of the applicant if satisfied that -

(a) the applicant has an interest in the property;

(b) hearing before the ICC or through no fault of the person, did not appear at the hearing;

(d) the applicant had no knowledge that the property constituted the proceeds of, or was associated with, the crime.

(11) Where the court makes an order under subsection (10), the Court may -

(a) declare the nature, extent and value of the applicant's interest in the property; and

(b) either direct that the interest be transferred to the applicant or that payment be made to the applicant of an amount equivalent to the value of the interest.

97. Transfer of funds realized to ICC - The Minister shall arrange for the transfer of funds realized through the enforcement of a fine under section 95 or a forfeiture order under section 96 to the ICC (subject to the deduction of reasonable costs related to the enforcement procedure).

98. Orders for forfeiture of Property on conviction by ICC-(1) Where any person is convicted by the ICC of a crime within the jurisdiction of the ICC, the Supreme Court may, on an application made by the Attorney General, order that any property situated in Samoa -

(a) used for, or in connection with; or

(b) derived directly or indirectly from,

the commission of that crime, be forfeited to the State, if satisfied that no order of forfeiture has been or will be made by the ICC under article 77(2)(b) of the Statute in respect of that property.

(2) Before making an order under subsection (1), the court shall give every person appearing to have an interest in the property in respect of which the order is proposed to be made, an opportunity of being heard, and subsections (3), (4), (5), (6), (7), (8), (9), (10) and (11) of section 96 shall, mutatis mutandis, apply to an order made under this section.

(3) Property forfeited to the State under subsection (1) shall vest in the State -

(a) if no appeal has been made against the order, at the end of the period within which an appeal may be made against the order; and

(b) if an appeal has been made against the order, on the final determination of the appeal.

99. Enforcement of orders for victim reparation-(1) Where the ICC requests enforcement in accordance with article 109 of the Statute of an order requiring reparation made under article 75 of the Statute, the Minister shall give authority for the request to proceed, if the Minister has reasonable grounds to believe that -

(a) neither the conviction in respect of which the order was imposed nor the order requiring reparation is subject to further appeal; and

(b) the order can be enforced in the manner provided in this section, and shall refer the request to the Attorney General.

(2) The Attorney General shall, without delay file such order in the Supreme Court.

(3) Every order filed in the Supreme Court under subsection (2) shall -

(a) if the order requires a monetary payment, have force and effect as if it were an order for the payment of compensation imposed by that court; or

(b) if the order requires the restitution of assets, property or other tangible items, have force and effect as if it were an order for the restitution of property made by that court; or

(c) if the order requires the granting of any other relief, have force and effect as if it were an order for the granting of such relief made by that court and every such order shall be enforced accordingly.

(4) The Attorney General shall, without delay, make such report to the Minister on the outcome of any action taken by it to enforce the order as it considers to be appropriate in the circumstances.

(5) Nothing in this section shall be construed as limiting or affecting the provision of other types of assistance to the ICC in relation to an order made under article 75 of the Statute or as empowering the court to modify the order of the ICC.

(6) The Minister shall consult with the ICC as to whether the funds realized through the enforcement of an order under this section should be transferred directly to specified victims or through the Victims Fund of the ICC.

(7) The Minister shall make arrangements for the transfer of the funds realized through the enforcement of an order under this section as determined through the consultations under subsection (6).

100. Assistance in enforcement of restraining order-(1) Where the ICC requests assistance in the enforcement of a restraining order issued by the ICC in respect of property in Samoa, the Minister shall give authority for the request to proceed if the Minister has reasonable grounds to believe that -

(a) the restraining order is not subject to further appeal; and

(b) the property is located in Samoa,

and shall refer the request to the Attorney General.

(2) The Attorney General in Samoa shall file such order in the appropriate court.

(3) Every order filed in the Supreme Court under subsection (2) shall have force and effect as if it were a restraining order made by that court and shall be enforced accordingly.

(4) Nothing in this section shall be construed as limiting or affecting the provision of other types of assistance to the ICC in relation to the enforcement of a restraining order made by it or as empowering the court to modify the order of the ICC.

PART VII
SITTINGS OF THE ICC IN SAMOA

101. Prosecutor may conduct investigations in Samoa - The Prosecutor may conduct investigations in the territory of Samoa -

(a) in accordance with the provisions of Part 9 of the Statute;

(b) as authorised by the Pre-Trial Chamber under article 57(3)(d) of the Statute; or

102. ICC sittings in Samoa - The ICC may sit in Samoa for the purpose of discharging its functions under the Statute and under the Rules, including but not limited to -

(a) the taking of evidence;

(b) the conduct or continuation of a proceeding;

(d) the review of a sentence imposed by the ICC.

103. ICC powers while sitting in Samoa-(1) When the ICC is sitting in Samoa it may discharge and exercise any or all of its functions and powers as provided for under the Statute and under the Rules.

(2) Without prejudice to the generality of subsection (1), the ICC shall have the power to -

(a) commit persons for contempt of its orders; or

(b) issue summons or other orders requiring the attendance of any person before the ICC or the production of any document or record for examination by the ICC;

(3) Orders or summons issued by the ICC under this section, including committal orders for contempt, shall be enforced by the domestic authorities of Samoa as if the order had been issued by a domestic court in Samoa.

104. ICC may administer oaths in Samoa - The ICC may, at any sitting of the ICC in Samoa, administer an oath or affirmation requiring a witness to give an undertaking as to truthfulness of the evidence given by the witness, in accordance with the Rules.

105. Orders made by ICC not subject to review-(1) The conduct of a trial or other proceeding by the ICC sitting in Samoa is not subject to judicial or other challenge in a court in Samoa.

(2) In particular, none of the following may be brought or made in a court in Samoa in respect of a judgment, order, determination, or step of the ICC given, made or taken at a sitting of the ICC in Samoa:

(a) any judicial review;

(b) an application for, or for relief in the nature of, a declaration, declaratory judgment or injunction;

(d) an application for, or for relief in the nature of, a writ of habeas corpus;

(e) an appeal.

106. Power to detain ICC prisoners in prison in Samoa-(1) Where the ICC holds a sitting in Samoa and requests that a person whose presence is required at that sitting be held in custody as a ICC prisoner while the sitting continues in Samoa, the Minister shall direct in writing that such person be held in custody at such location as is specified in the direction.

(2) A direction given under subsection (1) in respect of an ICC prisoner is sufficient authority for the detention of that prisoner in accordance with the terms of the direction.

(3) The law relating to prisons so far as is applicable with any necessary modifications shall apply to a ICC prisoner required to be detained in a prison by a direction under subsection (1) as if the prisoner had been remanded in custody or sentenced to imprisonment for an offence under the law of Samoa, as the case may require, and is liable to be detained in a prison under such an order or sentence.

(4) For the purposes of the application of the law relating to escape from lawful custody and aiding prisoners to escape, an ICC prisoner who is in custody in a prison or other detention facility in Samoa shall be deemed to be in lawful custody while in Samoa.

107. Removal of ICC prisoner - If the Minister is satisfied that the presence in Samoa of an ICC prisoner who was the subject of a direction under section 106 is no longer necessary, sections 89 to 94 shall apply to and in relation to that person with any necessary modifications.

PART VIII
LEGAL STATUS OF THE ICC AND PRIVILEGES AND IMMUNITIES OF OFFICIALS OF THE ICC

108. Legal personality and privileges and immunities-(1) The ICC shall have legal personality in Samoa with such legal capacity as may be necessary for the performance of its functions and the fulfillment of its purposes.

(2) Without prejudice to the generality of subsection (1), the ICC shall have the capacity to contract, to acquire and dispose of immovable and movable property and to institute in legal proceedings, in Samoa.

(3) The Judges, the Attorney General, the Assistant Attorneys General, the Prosecutor, the Deputy Prosecutors, the Registrar, the Deputy Registrar, staff of the Office of the Attorney General and the Office of the Prosecutor and of the Registry, counsel, experts, witnesses, and other persons required to be in Samoa for the performance of official functions or for participation in proceedings before the ICC shall have the privileges and immunities set out in article 48 of the Statute and the Agreement on the Privileges and Immunities of the ICC.

(4) Article 48 of the Statute and articles 2 to 11, 13 to 22, 25 to 27, 29 and 30 of the Agreement on the Privileges and Immunities of the ICC shall have the force of law in Samoa, and references in those articles to the State Party shall, for this purpose, be construed as references to Samoa.

PART IX
MISCELLANEOUS

109. Regulations-(1) The Minister may make regulations for the purpose of giving effect to the principles and provisions of this Act.

(2) Without prejudice to the generality of subsection (1), the Minister may make regulations in respect of all or any of the following matters:

(a) prescribing the procedure to be followed in dealing with requests made by the ICC, and providing for notification of the outcome of action taken to give effect to such requests;

(b) providing for temporary surrender of a person;

(c) prescribing the procedures for obtaining evidence or producing documents or other articles in accordance with a request made by the ICC;

(d) providing for the payment of fees, traveling allowances, and expenses to any person in Samoa who gives or provides evidence or assistance pursuant to a request made by the ICC;

(e) prescribing conditions for the protection of any property sent to the ICC pursuant to a request made under this Act, and making provision for the return of property to Samoa;

(f) providing for the enforcement of any ICC sentence of imprisonment;

(g) providing for management and disposal of property under a restraining, seizing or forfeiture order;

(h) prescribing the forms of applications, notices, certificates, warrants and other documents for the purposes of this Act, and requiring the use of such forms; and

(i) implementation of any obligation that is placed on States Parties by the Rules in so far as such obligation is not inconsistent with the provisions of this Act.

110. Consequential Amendment - The Head of State Act 1965 is amended by deleting section 5 and substituting the following:

"5. Immunity from legal process-(1) Subject to subsection (2), the Head of State shall be accorded immunity from suit and legal process of any kind whether civil or criminal, including freedom from the arrest of the Head of State's person, during the Head of State's term of Office.

(2) Nothing in subsection (1) shall affect the charging, prosecution and arrest of the Head of State where the Head of State is suspected of or is charged with a crime established under the Rome Statute of the International Criminal Court.'.

SCHEDULE 1

ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT*

PREAMBLE

The States Parties to this Statute,

Conscious that all peoples are united by common bonds, their cultures pieced together in a shared heritage, and concerned that this delicate mosaic may be shattered at any time,

Mindful that during this century millions of children, women and men have been victims of unimaginable atrocities that deeply shock the conscience of humanity,

Recognizing that such grave crimes threaten the peace, security and well-being of the world,

Affirming that the most serious crimes of concern to the international community as a whole must not go unpunished and that their effective prosecution must be ensured by taking measures at the national level and by enhancing international cooperation,

Determined to put an end to impunity for the perpetrators of these crimes and thus to contribute to the prevention of such crimes,

Recalling that it is the duty of every State to exercise its criminal jurisdiction over those responsible for international crimes,

Reaffirming the Purposes and Principles of the Charter of the United Nations, and in particular that all States shall refrain from the threat or use of force against the territorial integrity or political independence of any State, or in any other manner inconsistent with the Purposes of the United Nations,

Emphasizing in this connection that nothing in this Statute shall be taken as authorising any State Party to intervene in an armed conflict or in the internal affairs of any State,

Determined to these ends and for the sake of present and future generations, to establish an independent permanent International Criminal Court in relationship with the United Nations system, with jurisdiction over the most serious crimes of concern to the international community as a whole,

Emphasizing that the International Criminal Court established under this Statute shall be complementary to national criminal jurisdictions,

Resolved to guarantee lasting respect for and the enforcement of international justice,

Have agreed as follows

PART 1.ESTABLISHMENT OF THE COURT

Article 1
The Court

An International Criminal Court ("the Court") is hereby established. It shall be a permanent institution and shall have the power to exercise its jurisdiction over persons for the most serious crimes of international concern, as referred to in this Statute, and shall be complementary to national criminal jurisdictions. The jurisdiction and functioning of the Court shall be governed by the provisions of this Statute.

Article 2
Relationship of the Court with the United Nations

The Court shall be brought into relationship with the United Nations through an agreement to be approved by the Assembly of States Parties to this Statute and thereafter concluded by the President of the Court on its behalf.

Article 3
Seat of the Court

1. The seat of the Court shall be established at The Hague in the Netherlands ("the host State").

2. The Court shall enter into a headquarters agreement with the host State, to be approved by the Assembly of States Parties and thereafter concluded by the President of the Court on its behalf.

3. The Court may sit elsewhere, whenever it considers it desirable, as provided in this Statute.

Article 4
Legal status and powers of the Court

1. The Court shall have international legal personality. It shall also have such legal capacity as may be necessary for the exercise of its functions and the fulfilment of its purposes.

2. The Court may exercise its functions and powers, as provided in this Statute, on the territory of any State Party and, by special agreement, on the territory of any other State.

PART 2. JURISDICTION, ADMISSIBILITY AND APPLICABLE LAW

Article 5
Crimes within the jurisdiction of the Court

The jurisdiction of the Court shall be limited to the most serious crimes of concern to the international community as a whole. The Court has jurisdiction in accordance with this Statute with respect to the following crimes:

Article 6
Genocide

For the purpose of this Statute, "genocide" means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:

Article 7
Crimes against humanity

For the purpose of this Statute, "crime against humanity" means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:

2. For the purpose of paragraph 1:

3. For the purpose of this Statute, it is understood that the term "gender" refers to the two sexes, male and female, within the context of society. The term "gender" does not indicate any meaning different from the above.

Article 8
War crimes

1. The Court shall have jurisdiction in respect of war crimes in particular when committed as part of a plan or policy or as part of a large-scale commission of such crimes.

2. For the purpose of this Statute, "war crimes" means:

3. Nothing in paragraph 2 (c) and (e) shall affect the responsibility of a Government to maintain or re-establish law and order in the State or to defend the unity and territorial integrity of the State, by all legitimate means.

Article 8 bis
Crime of aggression

1. For the purpose of this Statute, "crime of aggression" means the planning, preparation, initiation or execution, by a person in a position effectively to exercise control over or to direct the political or military action of a State, of an act of aggression which, by its character, gravity and scale, constitutes a manifest violation of the Charter of the United Nations.

2. For the purpose of paragraph 1, "act of aggression" means the use of armed force by a State against the sovereignty, territorial integrity or political independence of another State, or in any other manner inconsistent with the Charter of the United Nations. Any of the following acts, regardless of a declaration of war, shall, in accordance with United Nations General Assembly resolution 3314 (XXIX) of 14 December 1974, qualify as an act of aggression:

Article 9
Elements of Crimes

1. Elements of Crimes shall assist the Court in the interpretation and application of articles 6, 7, 8 and 8 bis. They shall be adopted by a two-thirds majority of the members of the Assembly of States Parties.

2. Amendments to the Elements of Crimes may be proposed by:

Such amendments shall be adopted by a two-thirds majority of the members of the Assembly of States Parties.

3. The Elements of Crimes and amendments thereto shall be consistent with this Statute.

Article 10

Nothing in this Part shall be interpreted as limiting or prejudicing in any way existing or developing rules of international law for purposes other than this Statute.

Article 11
Jurisdiction ratione temporis

1. The Court has jurisdiction only with respect to crimes committed after the entry into force of this Statute.

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

Article 12
Preconditions to the exercise of jurisdiction

1. A State which becomes a Party to this Statute thereby accepts the jurisdiction of the Court with respect to the crimes referred to in article 5.

2. In the case of article 13, paragraph (a) or (c), the Court may exercise its jurisdiction if one or more of the following States are Parties to this Statute or have accepted the jurisdiction of the Court in accordance with paragraph 3:

3. If the acceptance of a State which is not a Party to this Statute is required under paragraph 2, that State may, by declaration lodged with the Registrar, accept the exercise of jurisdiction by the Court with respect to the crime in question. The accepting State shall cooperate with the Court without any delay or exception in accordance with Part 9.

Article 13
Exercise of jurisdiction

The Court may exercise its jurisdiction with respect to a crime referred to in article 5 in accordance with the provisions of this Statute if:

Article 14
Referral of a situation by a State Party

1. A State Party may refer to the Prosecutor a situation in which one or more crimes within the jurisdiction of the Court appear to have been committed requesting the Prosecutor to investigate the situation for the purpose of determining whether one or more specific persons should be charged with the commission of such crimes.

2. As far as possible, a referral shall specify the relevant circumstances and be accompanied by such supporting documentation as is available to the State referring the situation.

Article 15
Prosecutor

1. The Prosecutor may initiate investigations proprio motu on the basis of information on crimes within the jurisdiction of the Court.

2. The Prosecutor shall analyse the seriousness of the information received. For this purpose, he or she may seek additional information from States, organs of the United Nations, intergovernmental or non-governmental organizations, or other reliable sources that he or she deems appropriate, and may receive written or oral testimony at the seat of the Court.

3. If the Prosecutor concludes that there is a reasonable basis to proceed with an investigation, he or she shall submit to the Pre-Trial Chamber a request for authorization of an investigation, together with any supporting material collected. Victims may make representations to the Pre-Trial Chamber, in accordance with the Rules of Procedure and Evidence.

4. If the Pre-Trial Chamber, upon examination of the request and the supporting material, considers that there is a reasonable basis to proceed with an investigation, and that the case appears to fall within the jurisdiction of the Court, it shall authorize the commencement of the investigation, without prejudice to subsequent determinations by the Court with regard to the jurisdiction and admissibility of a case.

5. The refusal of the Pre-Trial Chamber to authorize the investigation shall not preclude the presentation of a subsequent request by the Prosecutor based on new facts or evidence regarding the same situation.

6. If, after the preliminary examination referred to in paragraphs 1 and 2, the Prosecutor concludes that the information provided does not constitute a reasonable basis for an investigation, he or she shall inform those who provided the information. This shall not preclude the Prosecutor from considering further information submitted to him or her regarding the same situation in the light of new facts or evidence.

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

1. The Court may exercise jurisdiction over the crime of aggression in accordance with article 13, paragraphs (a) and (c), subject to the provisions of this article.

2. The Court may exercise jurisdiction only with respect to crimes of aggression committed one year after the ratification or acceptance of the amendments by thirty States Parties.

3. The Court shall exercise jurisdiction over the crime of aggression in accordance with this article, subject to a decision to be taken after 1 January 2017 by the same majority of States Parties as is required for the adoption of an amendment to the Statute.

4. The Court may, in accordance with article 12, exercise jurisdiction over a crime of aggression, arising from an act of aggression committed by a State Party, unless that State Party has previously declared that it does not accept such jurisdiction by lodging a declaration with the Registrar. The withdrawal of such a declaration may be effected at any time and shall be considered by the State Party within three years.

5. In respect of a State that is not a party to this Statute, the Court shall not exercise its jurisdiction over the crime of aggression when committed by that State's nationals or on its territory.

6. Where the Prosecutor concludes that there is a reasonable basis to proceed with an investigation in respect of a crime of aggression, he or she shall first ascertain whether the Security Council has made a determination of an act of aggression committed by the State concerned. The Prosecutor shall notify the Secretary-General of the United Nations of the situation before the Court, including any relevant information and documents.

7. Where the Security Council has made such a determination, the Prosecutor may proceed with the investigation in respect of a crime of aggression.

8. Where no such determination is made within six months after the date of notification, the Prosecutor may proceed with the investigation in respect of a crime of aggression, provided that the Pre-Trial Division has authorized the commencement of the investigation in respect of a crime of aggression in accordance with the procedure contained in article 15, and the Security Council has not decided otherwise in accordance with article16.

9. A determination of an act of aggression by an organ outside the Court shall be without prejudice to the Court's own findings under this Statute.

10. This article is without prejudice to the provisions relating to the exercise of jurisdiction with respect to other crimes referred to in article 5.

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

1. The Court may exercise jurisdiction over the crime of aggression in accordance with article 13, paragraph (b), subject to the provisions of this article.

2. The Court may exercise jurisdiction only with respect to crimes of aggression committed one year after the ratification or acceptance of the amendments by thirty States Parties.

4. A determination of an act of aggression by an organ outside the Court shall be without prejudice to the Court's own findings under this Statute.

5. This article is without prejudice to the provisions relating to the exercise of jurisdiction with respect to other crimes referred to in article 5.

Article 16
Deferral of investigation or prosecution

No investigation or prosecution may be commenced or proceeded with under this Statute for a period of 12 months after the Security Council, in a resolution adopted under Chapter VII of the Charter of the United Nations, has requested the Court to that effect; that request may be renewed by the Council under the same conditions.

Article 17
Issues of admissibility

1. Having regard to paragraph 10 of the Preamble and article 1, the Court shall determine that a case is inadmissible where:

2. In order to determine unwillingness in a particular case, the Court shall consider, having regard to the principles of due process recognized by international law, whether one or more of the following exist, as applicable:

3. In order to determine inability in a particular case, the Court shall consider whether, due to a total or substantial collapse or unavailability of its national judicial system, the State is unable to obtain the accused or the necessary evidence and testimony or otherwise unable to carry out its proceedings.

Article 18
Preliminary rulings regarding admissibility

1. When a situation has been referred to the Court pursuant to article 13 (a) and the Prosecutor has determined that there would be a reasonable basis to commence an investigation, or the Prosecutor initiates an investigation pursuant to articles 13 (c) and 15, the Prosecutor shall notify all States Parties and those States which, taking into account the information available, would normally exercise jurisdiction over the crimes concerned. The Prosecutor may notify such States on a confidential basis and, where the Prosecutor believes it necessary to protect persons, prevent destruction of evidence or prevent the absconding of persons, may limit the scope of the information provided to States.

2. Within one month of receipt of that notification, a State may inform the Court that it is investigating or has investigated its nationals or others within its jurisdiction with respect to criminal acts which may constitute crimes referred to in article 5 and which relate to the information provided in the notification to States. At the request of that State, the Prosecutor shall defer to the State's investigation of those persons unless the Pre-Trial Chamber, on the application of the Prosecutor, decides to authorize the investigation.

3. The Prosecutor's deferral to a State's investigation shall be open to review by the Prosecutor six months after the date of deferral or at any time when there has been a significant change of circumstances based on the State's unwillingness or inability genuinely to carry out the investigation.

4. The State concerned or the Prosecutor may appeal to the Appeals Chamber against a ruling of the Pre-Trial Chamber, in accordance with article 82. The appeal may be heard on an expedited basis.

5. When the Prosecutor has deferred an investigation in accordance with paragraph 2, the Prosecutor may request that the State concerned periodically inform the Prosecutor of the progress of its investigations and any subsequent prosecutions. States Parties shall respond to such requests without undue delay.

6. Pending a ruling by the Pre-Trial Chamber, or at any time when the Prosecutor has deferred an investigation under this article, the Prosecutor may, on an exceptional basis, seek authority from the Pre-Trial Chamber to pursue necessary investigative steps for the purpose of preserving evidence where there is a unique opportunity to obtain important evidence or there is a significant risk that such evidence may not be subsequently available.

7. A State which has challenged a ruling of the Pre-Trial Chamber under this article may challenge the admissibility of a case under article 19 on the grounds of additional significant facts or significant change of circumstances.

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

1. The Court shall satisfy itself that it has jurisdiction in any case brought before it. The Court may, on its own motion, determine the admissibility of a case in accordance with article 17.

2. Challenges to the admissibility of a case on the grounds referred to in article 17 or challenges to the jurisdiction of the Court may be made by:

3. The Prosecutor may seek a ruling from the Court regarding a question of jurisdiction or admissibility. In proceedings with respect to jurisdiction or admissibility, those who have referred the situation under article 13, as well as victims, may also submit observations to the Court.

4. The admissibility of a case or the jurisdiction of the Court may be challenged only once by any person or State referred to in paragraph 2. The challenge shall take place prior to or at the commencement of the trial. In exceptional circumstances, the Court may grant leave for a challenge to be brought more than once or at a time later than the commencement of the trial. Challenges to the admissibility of a case, at the commencement of a trial, or subsequently with the leave of the Court, may be based only on article 17, paragraph 1 (c).

5. A State referred to in paragraph 2 (b) and (c) shall make a challenge at the earliest opportunity.

6. Prior to the confirmation of the charges, challenges to the admissibility of a case or challenges to the jurisdiction of the Court shall be referred to the Pre-Trial Chamber. After confirmation of the charges, they shall be referred to the Trial Chamber. Decisions with respect to jurisdiction or admissibility may be appealed to the Appeals Chamber in accordance with article 82.

7. If a challenge is made by a State referred to in paragraph 2 (b) or (c), the Prosecutor shall suspend the investigation until such time as the Court makes a determination in accordance with article 17.

8. Pending a ruling by the Court, the Prosecutor may seek authority from the Court:

9. The making of a challenge shall not affect the validity of any act performed by the Prosecutor or any order or warrant issued by the Court prior to the making of the challenge.

10. If the Court has decided that a case is inadmissible under article 17, the Prosecutor may submit a request for a review of the decision when he or she is fully satisfied that new facts have arisen which negate the basis on which the case had previously been found inadmissible under article 17.

11. If the Prosecutor, having regard to the matters referred to in article 17, defers an investigation, the Prosecutor may request that the relevant State make available to the Prosecutor information on the proceedings. That information shall, at the request of the State concerned, be confidential. If the Prosecutor thereafter decides to proceed with an investigation, he or she shall notify the State to which deferral of the proceedings has taken place.

Article 20
Ne bis in idem

1. Except as provided in this Statute, no person shall be tried before the Court with respect to conduct which formed the basis of crimes for which the person has been convicted or acquitted by the Court.

2. No person shall be tried by another court for a crime referred to in article 5 for which that person has already been convicted or acquitted by the Court.

3. No person who has been tried by another court for conduct also proscribed under article 6, 7, 8 or 8 bis shall be tried by the Court with respect to the same conduct unless the proceedings in the other court:

Article 21
Applicable law

1. The Court shall apply:

2. The Court may apply principles and rules of law as interpreted in its previous decisions.

3. The application and interpretation of law pursuant to this article must be consistent with internationally recognized human rights, and be without any adverse distinction founded on grounds such as gender as defined in article 7, paragraph 3, age, race, colour, language, religion or belief, political or other opinion, national, ethnic or social origin, wealth, birth or other status.

PART 3. GENERAL PRINCIPLES OF CRIMINAL LAW

Article 22
Nullum crimen sine lege

1. A person shall not be criminally responsible under this Statute unless the conduct in question constitutes, at the time it takes place, a crime within the jurisdiction of the Court.

2. The definition of a crime shall be strictly construed and shall not be extended by analogy. In case of ambiguity, the definition shall be interpreted in favour of the person being investigated, prosecuted or convicted.

3. This article shall not affect the characterization of any conduct as criminal under international law independently of this Statute.

Article 23
Nulla poena sine lege

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

Article 24
Non-retroactivity ratione personae

1. No person shall be criminally responsible under this Statute for conduct prior to the entry into force of the Statute.

2. In the event of a change in the law applicable to a given case prior to a final judgement, the law more favourable to the person being investigated, prosecuted or convicted shall apply.

Article 25
Individual criminal responsibility

1. The Court shall have jurisdiction over natural persons pursuant to this Statute.

2. A person who commits a crime within the jurisdiction of the Court shall be individually responsible and liable for punishment in accordance with this Statute.

3. In accordance with this Statute, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court if that person:

3 bis. In respect of the crime of aggression, the provisions of this article shall apply only to persons in a position effectively to exercise control over or to direct the political or military action of a State.

4. No provision in this Statute relating to individual criminal responsibility shall affect the responsibility of States under international law.

Article 26
Exclusion of jurisdiction over persons under eighteen

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

Article 27
Irrelevance of official capacity

1. This Statute shall apply equally to all persons without any distinction based on official capacity. In particular, official capacity as a Head of State or Government, a member of a Government or parliament, an elected representative or a government official shall in no case exempt a person from criminal responsibility under this Statute, nor shall it, in and of itself, constitute a ground for reduction of sentence.

2. Immunities or special procedural rules which may attach to the official capacity of a person, whether under national or international law, shall not bar the Court from exercising its jurisdiction over such a person.

Article 28
Responsibility of commanders and other superiors

In addition to other grounds of criminal responsibility under this Statute for crimes within the jurisdiction of the Court:

Article 29
Non-applicability of statute of limitations

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

Article 30
Mental element

1. Unless otherwise provided, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court only if the material elements are committed with intent and knowledge.

2. For the purposes of this article, a person has intent where:

3. For the purposes of this article, "knowledge" means awareness that a circumstance exists or a consequence will occur in the ordinary course of events. "Know" and "knowingly" shall be construed accordingly.

Article 31
Grounds for excluding criminal responsibility

1. In addition to other grounds for excluding criminal responsibility provided for in this Statute, a person shall not be criminally responsible if, at the time of that person's conduct:

(b) The person is in a state of intoxication that destroys that person's capacity to appreciate the unlawfulness or nature of his or her conduct, or capacity to control his or her conduct to conform to the requirements of law, unless the person has become voluntarily intoxicated under such circumstances that the person knew, or disregarded the risk, that, as a result of the intoxication, he or she was likely to engage in conduct constituting a crime within the jurisdiction of the Court;

(c) The person acts reasonably to defend himself or herself or another person or, in the case of war crimes, property which is essential for the survival of the person or another person or property which is essential for accomplishing a military mission, against an imminent and unlawful use of force in a manner proportionate to the degree of danger to the person or the other person or property protected. The fact that the person was involved in a defensive operation conducted by forces shall not in itself constitute a ground for excluding criminal responsibility under this subparagraph;

(d) The conduct which is alleged to constitute a crime within the jurisdiction of the Court has been caused by duress resulting from a threat of imminent death or of continuing or imminent serious bodily harm against that person or another person, and the person acts necessarily and reasonably to avoid this threat, provided that the person does not intend to cause a greater harm than the one sought to be avoided. Such a threat may either be:
(i) Made by other persons; or
(ii) Constituted by other circumstances beyond that person's control.

2. The Court shall determine the applicability of the grounds for excluding criminal responsibility provided for in this Statute to the case before it.

3. At trial, the Court may consider a ground for excluding criminal responsibility other than those referred to in paragraph 1 where such a ground is derived from applicable law as set forth in article 21. The procedures relating to the consideration of such a ground shall be provided for in the Rules of Procedure and Evidence.

Article 32
Mistake of fact or mistake of law

1. A mistake of fact shall be a ground for excluding criminal responsibility only if it negates the mental element required by the crime.

2. A mistake of law as to whether a particular type of conduct is a crime within the jurisdiction of the Court shall not be a ground for excluding criminal responsibility. A mistake of law may, however, be a ground for excluding criminal responsibility if it negates the mental element required by such a crime, or as provided for in article 33.

Article 33
Superior orders and prescription of law

1. The fact that a crime within the jurisdiction of the Court has been committed by a person pursuant to an order of a Government or of a superior, whether military or civilian, shall not relieve that person of criminal responsibility unless:

2. For the purposes of this article, orders to commit genocide or crimes against humanity are manifestly unlawful.

PART 4. COMPOSITION AND ADMINISTRATION OF THE COURT

Article 34
Organs of the Court

The Court shall be composed of the following organs:

Article 35
Service of judges

1. All judges shall be elected as full-time members of the Court and shall be available to serve on that basis from the commencement of their terms of office.

2. The judges composing the Presidency shall serve on a full-time basis as soon as they are elected.

3. The Presidency may, on the basis of the workload of the Court and in consultation with its members, decide from time to time to what extent the remaining judges shall be required to serve on a full-time basis. Any such arrangement shall be without prejudice to the provisions of article 40.

4. The financial arrangements for judges not required to serve on a full-time basis shall be made in accordance with article 49.

Article 36
Qualifications, nomination and election of judges

1. Subject to the provisions of paragraph 2, there shall be 18 judges of the Court.

5. For the purposes of the election, there shall be two lists of candidates:

List B containing the names of candidates with the qualifications specified in paragraph 3 (b) (ii).

A candidate with sufficient qualifications for both lists may choose on which list to appear. At the first election to the Court, at least nine judges shall be elected from list A and at least five judges from list B. Subsequent elections shall be so organized as to maintain the equivalent proportion on the Court of judges qualified on the two lists.

(b) In the event that a sufficient number of judges is not elected on the first ballot, successive ballots shall be held in accordance with the procedures laid down in subparagraph (a) until the remaining places have been filled.

7. No two judges may be nationals of the same State. A person who, for the purposes of membership of the Court, could be regarded as a national of more than one State shall be deemed to be a national of the State in which that person ordinarily exercises civil and political rights.

10. Notwithstanding paragraph 9, a judge assigned to a Trial or Appeals Chamber in accordance with article 39 shall continue in office to complete any trial or appeal the hearing of which has already commenced before that Chamber.

Article 37
Judicial vacancies

1. In the event of a vacancy, an election shall be held in accordance with article 36 to fill the vacancy.

2. A judge elected to fill a vacancy shall serve for the remainder of the predecessor's term and, if that period is three years or less, shall be eligible for re-election for a full term under article 36.

Article 38
The Presidency

1. The President and the First and Second Vice-Presidents shall be elected by an absolute majority of the judges. They shall each serve for a term of three years or until the end of their respective terms of office as judges, whichever expires earlier. They shall be eligible for re-election once.

2. The First Vice-President shall act in place of the President in the event that the President is unavailable or disqualified. The Second Vice-President shall act in place of the President in the event that both the President and the First Vice-President are unavailable or disqualified.

3. The President, together with the First and Second Vice-Presidents, shall constitute the Presidency, which shall be responsible for:

4. In discharging its responsibility under paragraph 3 (a), the Presidency shall coordinate with and seek the concurrence of the Prosecutor on all matters of mutual concern.

Article 39
Chambers

1. As soon as possible after the election of the judges, the Court shall organize itself into the divisions specified in article 34, paragraph (b). The Appeals Division shall be composed of the President and four other judges, the Trial Division of not less than six judges and the Pre-Trial Division of not less than six judges. The assignment of judges to divisions shall be based on the nature of the functions to be performed by each division and the qualifications and experience of the judges elected to the Court, in such a way that each division shall contain an appropriate combination of expertise in criminal law and procedure and in international law. The Trial and Pre-Trial Divisions shall be composed predominantly of judges with criminal trial experience.

4. Judges assigned to the Appeals Division shall serve only in that division. Nothing in this article shall, however, preclude the temporary attachment of judges from the Trial Division to the Pre-Trial Division or vice versa, if the Presidency considers that the efficient management of the Court's workload so requires, provided that under no circumstances shall a judge who has participated in the pre-trial phase of a case be eligible to sit on the Trial Chamber hearing that case.

Article 40
Independence of the judges

1. The judges shall be independent in the performance of their functions.

2. Judges shall not engage in any activity which is likely to interfere with their judicial functions or to affect confidence in their independence.

3. Judges required to serve on a full-time basis at the seat of the Court shall not engage in any other occupation of a professional nature.

4. Any question regarding the application of paragraphs 2 and 3 shall be decided by an absolute majority of the judges. Where any such question concerns an individual judge, that judge shall not take part in the decision.

Article 41
Excusing and disqualification of judges

1. The Presidency may, at the request of a judge, excuse that judge from the exercise of a function under this Statute, in accordance with the Rules of Procedure and Evidence.

(b) The Prosecutor or the person being investigated or prosecuted may request the disqualification of a judge under this paragraph.

(c) Any question as to the disqualification of a judge shall be decided by an absolute majority of the judges. The challenged judge shall be entitled to present his or her comments on the matter, but shall not take part in the decision.

Article 42
The Office of the Prosecutor

1. The Office of the Prosecutor shall act independently as a separate organ of the Court. It shall be responsible for receiving referrals and any substantiated information on crimes within the jurisdiction of the Court, for examining them and for conducting investigations and prosecutions before the Court. A member of the Office shall not seek or act on instructions from any external source.

2. The Office shall be headed by the Prosecutor. The Prosecutor shall have full authority over the management and administration of the Office, including the staff, facilities and other resources thereof. The Prosecutor shall be assisted by one or more Deputy Prosecutors, who shall be entitled to carry out any of the acts required of the Prosecutor under this Statute. The Prosecutor and the Deputy Prosecutors shall be of different nationalities. They shall serve on a full-time basis.

3. The Prosecutor and the Deputy Prosecutors shall be persons of high moral character, be highly competent in and have extensive practical experience in the prosecution or trial of criminal cases. They shall have an excellent knowledge of and be fluent in at least one of the working languages of the Court.

4. The Prosecutor shall be elected by secret ballot by an absolute majority of the members of the Assembly of States Parties. The Deputy Prosecutors shall be elected in the same way from a list of candidates provided by the Prosecutor. The Prosecutor shall nominate three candidates for each position of Deputy Prosecutor to be filled. Unless a shorter term is decided upon at the time of their election, the Prosecutor and the Deputy Prosecutors shall hold office for a term of nine years and shall not be eligible for re-election.

5. Neither the Prosecutor nor a Deputy Prosecutor shall engage in any activity which is likely to interfere with his or her prosecutorial functions or to affect confidence in his or her independence. They shall not engage in any other occupation of a professional nature.

6. The Presidency may excuse the Prosecutor or a Deputy Prosecutor, at his or her request, from acting in a particular case.

7. Neither the Prosecutor nor a Deputy Prosecutor shall participate in any matter in which their impartiality might reasonably be doubted on any ground. They shall be disqualified from a case in accordance with this paragraph if, inter alia, they have previously been involved in any capacity in that case before the Court or in a related criminal case at the national level involving the person being investigated or prosecuted.

8. Any question as to the disqualification of the Prosecutor or a Deputy Prosecutor shall be decided by the Appeals Chamber.

9. The Prosecutor shall appoint advisers with legal expertise on specific issues, including, but not limited to, sexual and gender violence and violence against children.

Article 43
The Registry

1. The Registry shall be responsible for the non-judicial aspects of the administration and servicing of the Court, without prejudice to the functions and powers of the Prosecutor in accordance with article 42.

2. The Registry shall be headed by the Registrar, who shall be the principal administrative officer of the Court. The Registrar shall exercise his or her functions under the authority of the President of the Court.

3. The Registrar and the Deputy Registrar shall be persons of high moral character, be highly competent and have an excellent knowledge of and be fluent in at least one of the working languages of the Court.

4. The judges shall elect the Registrar by an absolute majority by secret ballot, taking into account any recommendation by the Assembly of States Parties. If the need arises and upon the recommendation of the Registrar, the judges shall elect, in the same manner, a Deputy Registrar.

5. The Registrar shall hold office for a term of five years, shall be eligible for re-election once and shall serve on a full-time basis. The Deputy Registrar shall hold office for a term of five years or such shorter term as may be decided upon by an absolute majority of the judges, and may be elected on the basis that the Deputy Registrar shall be called upon to serve as required.

6. The Registrar shall set up a Victims and Witnesses Unit within the Registry. This Unit shall provide, in consultation with the Office of the Prosecutor, protective measures and security arrangements, counseling and other appropriate assistance for witnesses, victims who appear before the Court, and others who are at risk on account of testimony given by such witnesses. The Unit shall include staff with expertise in trauma, including trauma related to crimes of sexual violence.

Article 44
Staff

1. The Prosecutor and the Registrar shall appoint such qualified staff as may be required to their respective offices. In the case of the Prosecutor, this shall include the appointment of investigators.

2. In the employment of staff, the Prosecutor and the Registrar shall ensure the highest standards of efficiency, competency and integrity, and shall have regard, mutatis mutandis, to the criteria set forth in article 36, paragraph 8.

3. The Registrar, with the agreement of the Presidency and the Prosecutor, shall propose Staff Regulations which include the terms and conditions upon which the staff of the Court shall be appointed, remunerated and dismissed. The Staff Regulations shall be approved by the Assembly of States Parties.

4. The Court may, in exceptional circumstances, employ the expertise of gratis personnel offered by States Parties, intergovernmental organizations or non-governmental organizations to assist with the work of any of the organs of the Court. The Prosecutor may accept any such offer on behalf of the Office of the Prosecutor. Such gratis personnel shall be employed in accordance with guidelines to be established by the Assembly of States Parties.

Article 45
Solemn undertaking

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

Article 46
Removal from office

1. A judge, the Prosecutor, a Deputy Prosecutor, the Registrar or the Deputy Registrar shall be removed from office if a decision to this effect is made in accordance with paragraph 2, in cases where that person:

2. A decision as to the removal from office of a judge, the Prosecutor or a Deputy Prosecutor under paragraph 1 shall be made by the Assembly of States Parties, by secret ballot:

3. A decision as to the removal from office of the Registrar or Deputy Registrar shall be made by an absolute majority of the judges.

4. A judge, Prosecutor, Deputy Prosecutor, Registrar or Deputy Registrar whose conduct or ability to exercise the functions of the office as required by this Statute is challenged under this article shall have full opportunity to present and receive evidence and to make submissions in accordance with the Rules of Procedure and Evidence. The person in question shall not otherwise participate in the consideration of the matter.

Article 47
Disciplinary measures

A judge, Prosecutor, Deputy Prosecutor, Registrar or Deputy Registrar who has committed misconduct of a less serious nature than that set out in article 46, paragraph 1, shall be subject to disciplinary measures, in accordance with the Rules of Procedure and Evidence.

Article 48
Privileges and immunities

1. The Court shall enjoy in the territory of each State Party such privileges and immunities as are necessary for the fulfilment of its purposes.

2. The judges, the Prosecutor, the Deputy Prosecutors and the Registrar shall, when engaged on or with respect to the business of the Court, enjoy the same privileges and immunities as are accorded to heads of diplomatic missions and shall, after the expiry of their terms of office, continue to be accorded immunity from legal process of every kind in respect of words spoken or written and acts performed by them in their official capacity.

3. The Deputy Registrar, the staff of the Office of the Prosecutor and the staff of the Registry shall enjoy the privileges and immunities and facilities necessary for the performance of their functions, in accordance with the agreement on the privileges and immunities of the Court.

4. Counsel, experts, witnesses or any other person required to be present at the seat of the Court shall be accorded such treatment as is necessary for the proper functioning of the Court, in accordance with the agreement on the privileges and immunities of the Court.

5. The privileges and immunities of:

Article 49
Salaries, allowances and expenses

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

Article 50
Official and working languages

1. The official languages of the Court shall be Arabic, Chinese, English, French, Russian and Spanish. The judgements of the Court, as well as other decisions resolving fundamental issues before the Court, shall be published in the official languages. The Presidency shall, in accordance with the criteria established by the Rules of Procedure and Evidence, determine which decisions may be considered as resolving fundamental issues for the purposes of this paragraph.

2. The working languages of the Court shall be English and French. The Rules of Procedure and Evidence shall determine the cases in which other official languages may be used as working languages.

3. At the request of any party to a proceeding or a State allowed to intervene in a proceeding, the Court shall authorize a language other than English or French to be used by such a party or State, provided that the Court considers such authorization to be adequately justified.

Article 51
Rules of Procedure and Evidence

1. The Rules of Procedure and Evidence shall enter into force upon adoption by a two-thirds majority of the members of the Assembly of States Parties.

2. Amendments to the Rules of Procedure and Evidence may be proposed by:

Such amendments shall enter into force upon adoption by a two-thirds majority of the members of the Assembly of States Parties.

3. After the adoption of the Rules of Procedure and Evidence, in urgent cases where the Rules do not provide for a specific situation before the Court, the judges may, by a two-thirds majority, draw up provisional Rules to be applied until adopted, amended or rejected at the next ordinary or special session of the Assembly of States Parties.

4. The Rules of Procedure and Evidence, amendments thereto and any provisional Rule shall be consistent with this Statute. Amendments to the Rules of Procedure and Evidence as well as provisional Rules shall not be applied retroactively to the detriment of the person who is being investigated or prosecuted or who has been convicted.

5. In the event of conflict between the Statute and the Rules of Procedure and Evidence, the Statute shall prevail.

Article 52
Regulations of the Court

1. The judges shall, in accordance with this Statute and the Rules of Procedure and Evidence, adopt, by an absolute majority, the Regulations of the Court necessary for its routine functioning.

2. The Prosecutor and the Registrar shall be consulted in the elaboration of the Regulations and any amendments thereto.

3. The Regulations and any amendments thereto shall take effect upon adoption unless otherwise decided by the judges. Immediately upon adoption, they shall be circulated to States Parties for comments. If within six months there are no objections from a majority of States Parties, they shall remain in force.

PART 5. INVESTIGATION AND PROSECUTION

Article 53
Initiation of an investigation

1. The Prosecutor shall, having evaluated the information made available to him or her, initiate an investigation unless he or she determines that there is no reasonable basis to proceed under this Statute. In deciding whether to initiate an investigation, the Prosecutor shall consider whether:

If the Prosecutor determines that there is no reasonable basis to proceed and his or her determination is based solely on subparagraph (c) above, he or she shall inform the Pre-Trial Chamber.

2. If, upon investigation, the Prosecutor concludes that there is not a sufficient basis for a prosecution because:

the Prosecutor shall inform the Pre-Trial Chamber and the State making a referral under article 14 or the Security Council in a case under article 13, paragraph (b), of his or her conclusion and the reasons for the conclusion.

4. The Prosecutor may, at any time, reconsider a decision whether to initiate an investigation or prosecution based on new facts or information.

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

1. The Prosecutor shall:

2. The Prosecutor may conduct investigations on the territory of a State:

3. The Prosecutor may:

Article 55
Rights of persons during an investigation

1. In respect of an investigation under this Statute, a person:

2. Where there are grounds to believe that a person has committed a crime within the jurisdiction of the Court and that person is about to be questioned either by the Prosecutor, or by national authorities pursuant to a request made under Part 9, that person shall also have the following rights of which he or she shall be informed prior to being questioned:

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

2. The measures referred to in paragraph 1 (b) may include:

(b) A decision of the Pre-Trial Chamber to act on its own initiative under this paragraph may be appealed by the Prosecutor. The appeal shall be heard on an expedited basis.

4. The admissibility of evidence preserved or collected for trial pursuant to this article, or the record thereof, shall be governed at trial by article 69, and given such weight as determined by the Trial Chamber.

Article 57
Functions and powers of the Pre-Trial Chamber

1. Unless otherwise provided in this Statute, the Pre-Trial Chamber shall exercise its functions in accordance with the provisions of this article.

3. In addition to its other functions under this Statute, the Pre-Trial Chamber may:

(b) Upon the request of a person who has been arrested or has appeared pursuant to a summons under article 58, issue such orders, including measures such as those described in article 56, or seek such cooperation pursuant to Part 9 as may be necessary to assist the person in the preparation of his or her defence;

(c) Where necessary, provide for the protection and privacy of victims and witnesses, the preservation of evidence, the protection of persons who have been arrested or appeared in response to a summons, and the protection of national security information;

(d) Authorize the Prosecutor to take specific investigative steps within the territory of a State Party without having secured the cooperation of that State under Part 9 if, whenever possible having regard to the views of the State concerned, the Pre-Trial Chamber has determined in that case that the State is clearly unable to execute a request for cooperation due to the unavailability of any authority or any component of its judicial system competent to execute the request for cooperation under Part 9;

(e) Where a warrant of arrest or a summons has been issued under article 58, and having due regard to the strength of the evidence and the rights of the parties concerned, as provided for in this Statute and the Rules of Procedure and Evidence, seek the cooperation of States pursuant to article 93, paragraph 1 (k), to take protective measures for the purpose of forfeiture, in particular for the ultimate benefit of victims.

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

1. At any time after the initiation of an investigation, the Pre-Trial Chamber shall, on the application of the Prosecutor, issue a warrant of arrest of a person if, having examined the application and the evidence or other information submitted by the Prosecutor, it is satisfied that:

2. The application of the Prosecutor shall contain:

3. The warrant of arrest shall contain:

4. The warrant of arrest shall remain in effect until otherwise ordered by the Court.

5. On the basis of the warrant of arrest, the Court may request the provisional arrest or the arrest and surrender of the person under Part 9.

6. The Prosecutor may request the Pre-Trial Chamber to amend the warrant of arrest by modifying or adding to the crimes specified therein. The Pre-Trial Chamber shall so amend the warrant if it is satisfied that there are reasonable grounds to believe that the person committed the modified or additional crimes.

7. As an alternative to seeking a warrant of arrest, the Prosecutor may submit an application requesting that the Pre-Trial Chamber issue a summons for the person to appear. If the Pre-Trial Chamber is satisfied that there are reasonable grounds to believe that the person committed the crime alleged and that a summons is sufficient to ensure the person's appearance, it shall issue the summons, with or without conditions restricting liberty (other than detention) if provided for by national law, for the person to appear. The summons shall contain:

Article 59
Arrest proceedings in the custodial State

1. A State Party which has received a request for provisional arrest or for arrest and surrender shall immediately take steps to arrest the person in question in accordance with its laws and the provisions of Part 9.

2. A person arrested shall be brought promptly before the competent judicial authority in the custodial State which shall determine, in accordance with the law of that State, that:

3. The person arrested shall have the right to apply to the competent authority in the custodial State for interim release pending surrender.

4. In reaching a decision on any such application, the competent authority in the custodial State shall consider whether, given the gravity of the alleged crimes, there are urgent and exceptional circumstances to justify interim release and whether necessary safeguards exist to ensure that the custodial State can fulfil its duty to surrender the person to the Court. It shall not be open to the competent authority of the custodial State to consider whether the warrant of arrest was properly issued in accordance with article 58, paragraph 1 (a) and (b).

5. The Pre-Trial Chamber shall be notified of any request for interim release and shall make recommendations to the competent authority in the custodial State. The competent authority in the custodial State shall give full consideration to such recommendations, including any recommendations on measures to prevent the escape of the person, before rendering its decision.

6. If the person is granted interim release, the Pre-Trial Chamber may request periodic reports on the status of the interim release.

7. Once ordered to be surrendered by the custodial State, the person shall be delivered to the Court as soon as possible.

Article 60
Initial proceedings before the Court

1. Upon the surrender of the person to the Court, or the person's appearance before the Court voluntarily or pursuant to a summons, the Pre-Trial Chamber shall satisfy itself that the person has been informed of the crimes which he or she is alleged to have committed, and of his or her rights under this Statute, including the right to apply for interim release pending trial.

2. A person subject to a warrant of arrest may apply for interim release pending trial. If the Pre-Trial Chamber is satisfied that the conditions set forth in article 58, paragraph 1, are met, the person shall continue to be detained. If it is not so satisfied, the Pre-Trial Chamber shall release the person, with or without conditions.

3. The Pre-Trial Chamber shall periodically review its ruling on the release or detention of the person, and may do so at any time on the request of the Prosecutor or the person. Upon such review, it may modify its ruling as to detention, release or conditions of release, if it is satisfied that changed circumstances so require.

4. The Pre-Trial Chamber shall ensure that a person is not detained for an unreasonable period prior to trial due to inexcusable delay by the Prosecutor. If such delay occurs, the Court shall consider releasing the person, with or without conditions.

5. If necessary, the Pre-Trial Chamber may issue a warrant of arrest to secure the presence of a person who has been released.

Article 61
Confirmation of the charges before trial

1. Subject to the provisions of paragraph 2, within a reasonable time after the person's surrender or voluntary appearance before the Court, the Pre-Trial Chamber shall hold a hearing to confirm the charges on which the Prosecutor intends to seek trial. The hearing shall be held in the presence of the Prosecutor and the person charged, as well as his or her counsel.

2. The Pre-Trial Chamber may, upon request of the Prosecutor or on its own motion, hold a hearing in the absence of the person charged to confirm the charges on which the Prosecutor intends to seek trial when the person has:

In that case, the person shall be represented by counsel where the Pre-Trial Chamber determines that it is in the interests of justice.

3. Within a reasonable time before the hearing, the person shall:

The Pre-Trial Chamber may issue orders regarding the disclosure of information for the purposes of the hearing.

4. Before the hearing, the Prosecutor may continue the investigation and may amend or withdraw any charges. The person shall be given reasonable notice before the hearing of any amendment to or withdrawal of charges. In case of a withdrawal of charges, the Prosecutor shall notify the Pre-Trial Chamber of the reasons for the withdrawal.

5. At the hearing, the Prosecutor shall support each charge with sufficient evidence to establish substantial grounds to believe that the person committed the crime charged. The Prosecutor may rely on documentary or summary evidence and need not call the witnesses expected to testify at the trial.

6. At the hearing, the person may:

7. The Pre-Trial Chamber shall, on the basis of the hearing, determine whether there is sufficient evidence to establish substantial grounds to believe that the person committed each of the crimes charged. Based on its determination, the Pre-Trial Chamber shall:

8. Where the Pre-Trial Chamber declines to confirm a charge, the Prosecutor shall not be precluded from subsequently requesting its confirmation if the request is supported by additional evidence.

9. After the charges are confirmed and before the trial has begun, the Prosecutor may, with the permission of the Pre-Trial Chamber and after notice to the accused, amend the charges. If the Prosecutor seeks to add additional charges or to substitute more serious charges, a hearing under this article to confirm those charges must be held. After commencement of the trial, the Prosecutor may, with the permission of the Trial Chamber, withdraw the charges.

10. Any warrant previously issued shall cease to have effect with respect to any charges which have not been confirmed by the Pre-Trial Chamber or which have been withdrawn by the Prosecutor.

11. Once the charges have been confirmed in accordance with this article, the Presidency shall constitute a Trial Chamber which, subject to paragraph 9 and to article 64, paragraph 4, shall be responsible for the conduct of subsequent proceedings and may exercise any function of the Pre-Trial Chamber that is relevant and capable of application in those proceedings.

PART 6. THE TRIAL

Article 62
Place of trial

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

Article 63
Trial in the presence of the accused

1. The accused shall be present during the trial.

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

Article 64
Functions and powers of the Trial Chamber

1. The functions and powers of the Trial Chamber set out in this article shall be exercised in accordance with this Statute and the Rules of Procedure and Evidence.

2. The Trial Chamber shall ensure that a trial is fair and expeditious and is conducted with full respect for the rights of the accused and due regard for the protection of victims and witnesses.

3. Upon assignment of a case for trial in accordance with this Statute, the Trial Chamber assigned to deal with the case shall:

4. The Trial Chamber may, if necessary for its effective and fair functioning, refer preliminary issues to the Pre-Trial Chamber or, if necessary, to another available judge of the Pre-Trial Division.

5. Upon notice to the parties, the Trial Chamber may, as appropriate, direct that there be joinder or severance in respect of charges against more than one accused.

6. In performing its functions prior to trial or during the course of a trial, the Trial Chamber may, as necessary:

7. The trial shall be held in public. The Trial Chamber may, however, determine that special circumstances require that certain proceedings be in closed session for the purposes set forth in article 68, or to protect confidential or sensitive information to be given in evidence.

(b) At the trial, the presiding judge may give directions for the conduct of proceedings, including to ensure that they are conducted in a fair and impartial manner. Subject to any directions of the presiding judge, the parties may submit evidence in accordance with the provisions of this Statute.

9. The Trial Chamber shall have, inter alia, the power on application of a party or on its own motion to:

10. The Trial Chamber shall ensure that a complete record of the trial, which accurately reflects the proceedings, is made and that it is maintained and preserved by the Registrar.

Article 65
Proceedings on an admission of guilt

1. Where the accused makes an admission of guilt pursuant to article 64, paragraph 8 (a), the Trial Chamber shall determine whether:

2. Where the Trial Chamber is satisfied that the matters referred to in paragraph 1 are established, it shall consider the admission of guilt, together with any additional evidence presented, as establishing all the essential facts that are required to prove the crime to which the admission of guilt relates, and may convict the accused of that crime.

3. Where the Trial Chamber is not satisfied that the matters referred to in paragraph 1 are established, it shall consider the admission of guilt as not having been made, in which case it shall order that the trial be continued under the ordinary trial procedures provided by this Statute and may remit the case to another Trial Chamber.

4. Where the Trial Chamber is of the opinion that a more complete presentation of the facts of the case is required in the interests of justice, in particular the interests of the victims, the Trial Chamber may:

5. Any discussions between the Prosecutor and the defence regarding modification of the charges, the admission of guilt or the penalty to be imposed shall not be binding on the Court.

Article 66
Presumption of innocence

1. Everyone shall be presumed innocent until proved guilty before the Court in accordance with the applicable law.

2. The onus is on the Prosecutor to prove the guilt of the accused.

3. In order to convict the accused, the Court must be convinced of the guilt of the accused beyond reasonable doubt.

Article 67
Rights of the accused

1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality:

2. In addition to any other disclosure provided for in this Statute, the Prosecutor shall, as soon as practicable, disclose to the defence evidence in the Prosecutor's possession or control which he or she believes shows or tends to show the innocence of the accused, or to mitigate the guilt of the accused, or which may affect the credibility of prosecution evidence. In case of doubt as to the application of this paragraph, the Court shall decide.

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

1. The Court shall take appropriate measures to protect the safety, physical and psychological well-being, dignity and privacy of victims and witnesses. In so doing, the Court shall have regard to all relevant factors, including age, gender as defined in article 7, paragraph 3, and health, and the nature of the crime, in particular, but not limited to, where the crime involves sexual or gender violence or violence against children. The Prosecutor shall take such measures particularly during the investigation and prosecution of such crimes. These measures shall not be prejudicial to or inconsistent with the rights of the accused and a fair and impartial trial.

2. As an exception to the principle of public hearings provided for in article 67, the Chambers of the Court may, to protect victims and witnesses or an accused, conduct any part of the proceedings in camera or allow the presentation of evidence by electronic or other special means. In particular, such measures shall be implemented in the case of a victim of sexual violence or a child who is a victim or a witness, unless otherwise ordered by the Court, having regard to all the circumstances, particularly the views of the victim or witness.

3. Where the personal interests of the victims are affected, the Court shall permit their views and concerns to be presented and considered at stages of the proceedings determined to be appropriate by the Court and in a manner which is not prejudicial to or inconsistent with the rights of the accused and a fair and impartial trial. Such views and concerns may be presented by the legal representatives of the victims where the Court considers it appropriate, in accordance with the Rules of Procedure and Evidence.

4. The Victims and Witnesses Unit may advise the Prosecutor and the Court on appropriate protective measures, security arrangements, counselling and assistance as referred to in article 43, paragraph 6.

5. Where the disclosure of evidence or information pursuant to this Statute may lead to the grave endangerment of the security of a witness or his or her family, the Prosecutor may, for the purposes of any proceedings conducted prior to the commencement of the trial, withhold such evidence or information and instead submit a summary thereof. Such measures shall be exercised in a manner which is not prejudicial to or inconsistent with the rights of the accused and a fair and impartial trial.

6. A State may make an application for necessary measures to be taken in respect of the protection of its servants or agents and the protection of confidential or sensitive information.

Article 69
Evidence

1. Before testifying, each witness shall, in accordance with the Rules of Procedure and Evidence, give an undertaking as to the truthfulness of the evidence to be given by that witness.

2. The testimony of a witness at trial shall be given in person, except to the extent provided by the measures set forth in article 68 or in the Rules of Procedure and Evidence. The Court may also permit the giving of viva voce (oral) or recorded testimony of a witness by means of video or audio technology, as well as the introduction of documents or written transcripts, subject to this Statute and in accordance with the Rules of Procedure and Evidence. These measures shall not be prejudicial to or inconsistent with the rights of the accused.

3. The parties may submit evidence relevant to the case, in accordance with article 64. The Court shall have the authority to request the submission of all evidence that it considers necessary for the determination of the truth.

4. The Court may rule on the relevance or admissibility of any evidence, taking into account, inter alia, the probative value of the evidence and any prejudice that such evidence may cause to a fair trial or to a fair evaluation of the testimony of a witness, in accordance with the Rules of Procedure and Evidence.

5. The Court shall respect and observe privileges on confidentiality as provided for in the Rules of Procedure and Evidence.

6. The Court shall not require proof of facts of common knowledge but may take judicial notice of them.

7. Evidence obtained by means of a violation of this Statute or internationally recognized human rights shall not be admissible if:

8. When deciding on the relevance or admissibility of evidence collected by a State, the Court shall not rule on the application of the State's national law.

Article 70
Offences against the administration of justice

1. The Court shall have jurisdiction over the following offences against its administration of justice when committed intentionally:

2. The principles and procedures governing the Court's exercise of jurisdiction over offences under this article shall be those provided for in the Rules of Procedure and Evidence. The conditions for providing international cooperation to the Court with respect to its proceedings under this article shall be governed by the domestic laws of the requested State.

3. In the event of conviction, the Court may impose a term of imprisonment not exceeding five years, or a fine in accordance with the Rules of Procedure and Evidence, or both.

Article 71
Sanctions for misconduct before the Court

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

2. The procedures governing the imposition of the measures set forth in paragraph 1 shall be those provided for in the Rules of Procedure and Evidence.

Article 72
Protection of national security information

1. This article applies in any case where the disclosure of the information or documents of a State would, in the opinion of that State, prejudice its national security interests. Such cases include those falling within the scope of article 56, paragraphs 2 and 3, article 61, paragraph 3, article 64, paragraph 3, article 67, paragraph 2, article 68, paragraph 6, article 87, paragraph 6 and article 93, as well as cases arising at any other stage of the proceedings where such disclosure may be at issue.

2. This article shall also apply when a person who has been requested to give information or evidence has refused to do so or has referred the matter to the State on the ground that disclosure would prejudice the national security interests of a State and the State concerned confirms that it is of the opinion that disclosure would prejudice its national security interests.

3. Nothing in this article shall prejudice the requirements of confidentiality applicable under article 54, paragraph 3 (e) and (f), or the application of article 73.

4. If a State learns that information or documents of the State are being, or are likely to be, disclosed at any stage of the proceedings, and it is of the opinion that disclosure would prejudice its national security interests, that State shall have the right to intervene in order to obtain resolution of the issue in accordance with this article.

5. If, in the opinion of a State, disclosure of information would prejudice its national security interests, all reasonable steps will be taken by the State, acting in conjunction with the Prosecutor, the defence or the Pre-Trial Chamber or Trial Chamber, as the case may be, to seek to resolve the matter by cooperative means. Such steps may include:

6. Once all reasonable steps have been taken to resolve the matter through cooperative means, and if the State considers that there are no means or conditions under which the information or documents could be provided or disclosed without prejudice to its national security interests, it shall so notify the Prosecutor or the Court of the specific reasons for its decision, unless a specific description of the reasons would itself necessarily result in such prejudice to the State's national security interests.

7. Thereafter, if the Court determines that the evidence is relevant and necessary for the establishment of the guilt or innocence of the accused, the Court may undertake the following actions:

ex parte

Article 73
Third-party information or documents

If a State Party is requested by the Court to provide a document or information in its custody, possession or control, which was disclosed to it in confidence by a State, intergovernmental organization or international organization, it shall seek the consent of the originator to disclose that document or information. If the originator is a State Party, it shall either consent to disclosure of the information or document or undertake to resolve the issue of disclosure with the Court, subject to the provisions of article 72. If the originator is not a State Party and refuses to consent to disclosure, the requested State shall inform the Court that it is unable to provide the document or information because of a pre-existing obligation of confidentiality to the originator.

Article 74
Requirements for the decision

1. All the judges of the Trial Chamber shall be present at each stage of the trial and throughout their deliberations. The Presidency may, on a case-by-case basis, designate, as available, one or more alternate judges to be present at each stage of the trial and to replace a member of the Trial Chamber if that member is unable to continue attending.

2. The Trial Chamber's decision shall be based on its evaluation of the evidence and the entire proceedings. The decision shall not exceed the facts and circumstances described in the charges and any amendments to the charges. The Court may base its decision only on evidence submitted and discussed before it at the trial.

3. The judges shall attempt to achieve unanimity in their decision, failing which the decision shall be taken by a majority of the judges.

4. The deliberations of the Trial Chamber shall remain secret.

5. The decision shall be in writing and shall contain a full and reasoned statement of the Trial Chamber's findings on the evidence and conclusions. The Trial Chamber shall issue one decision. When there is no unanimity, the Trial Chamber's decision shall contain the views of the majority and the minority. The decision or a summary thereof shall be delivered in open court.

Article 75
Reparations to victims

1. The Court shall establish principles relating to reparations to, or in respect of, victims, including restitution, compensation and rehabilitation. On this basis, in its decision the Court may, either upon request or on its own motion in exceptional circumstances, determine the scope and extent of any damage, loss and injury to, or in respect of, victims and will state the principles on which it is acting.

2. The Court may make an order directly against a convicted person specifying appropriate reparations to, or in respect of, victims, including restitution, compensation and rehabilitation.

Where appropriate, the Court may order that the award for reparations be made through the Trust Fund provided for in article 79.

3. Before making an order under this article, the Court may invite and shall take account of representations from or on behalf of the convicted person, victims, other interested persons or interested States.

4. In exercising its power under this article, the Court may, after a person is convicted of a crime within the jurisdiction of the Court, determine whether, in order to give effect to an order which it may make under this article, it is necessary to seek measures under article 93, paragraph 1.

5. A State Party shall give effect to a decision under this article as if the provisions of article 109 were applicable to this article.

6. Nothing in this article shall be interpreted as prejudicing the rights of victims under national or international law.

Article 76
Sentencing

1. In the event of a conviction, the Trial Chamber shall consider the appropriate sentence to be imposed and shall take into account the evidence presented and submissions made during the trial that are relevant to the sentence.

2. Except where article 65 applies and before the completion of the trial, the Trial Chamber may on its own motion and shall, at the request of the Prosecutor or the accused, hold a further hearing to hear any additional evidence or submissions relevant to the sentence, in accordance with the Rules of Procedure and Evidence.

3. Where paragraph 2 applies, any representations under article 75 shall be heard during the further hearing referred to in paragraph 2 and, if necessary, during any additional hearing.

4. The sentence shall be pronounced in public and, wherever possible, in the presence of the accused.

PART 7. PENALTIES

Article 77
Applicable penalties

1. Subject to article 110, the Court may impose one of the following penalties on a person convicted of a crime referred to in article 5 of this Statute:

2. In addition to imprisonment, the Court may order:

Article 78
Determination of the sentence

1. In determining the sentence, the Court shall, in accordance with the Rules of Procedure and Evidence, take into account such factors as the gravity of the crime and the individual circumstances of the convicted person.

2. In imposing a sentence of imprisonment, the Court shall deduct the time, if any, previously spent in detention in accordance with an order of the Court. The Court may deduct any time otherwise spent in detention in connection with conduct underlying the crime.

3. When a person has been convicted of more than one crime, the Court shall pronounce a sentence for each crime and a joint sentence specifying the total period of imprisonment. This period shall be no less than the highest individual sentence pronounced and shall not exceed 30 years imprisonment or a sentence of life imprisonment in conformity with article 77, paragraph 1 (b).

Article 79
Trust Fund

1. A Trust Fund shall be established by decision of the Assembly of States Parties for the benefit of victims of crimes within the jurisdiction of the Court, and of the families of such victims.

2. The Court may order money and other property collected through fines or forfeiture to be transferred, by order of the Court, to the Trust Fund.

3. The Trust Fund shall be managed according to criteria to be determined by the Assembly of States Parties.

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

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

PART 8. APPEAL AND REVISION

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

1. A decision under article 74 may be appealed in accordance with the Rules of Procedure and Evidence as follows:

4. Subject to the provisions of paragraph 3 (a) and (b), execution of the decision or sentence shall be suspended during the period allowed for appeal and for the duration of the appeal proceedings.

Article 82
Appeal against other decisions

1. Either party may appeal any of the following decisions in accordance with the Rules of Procedure and Evidence:

2. A decision of the Pre-Trial Chamber under article 57, paragraph 3 (d), may be appealed against by the State concerned or by the Prosecutor, with the leave of the Pre-Trial Chamber. The appeal shall be heard on an expedited basis.

3. An appeal shall not of itself have suspensive effect unless the Appeals Chamber so orders, upon request, in accordance with the Rules of Procedure and Evidence.

4. A legal representative of the victims, the convicted person or a bona fide owner of property adversely affected by an order under article 75 may appeal against the order for reparations, as provided in the Rules of Procedure and Evidence.

Article 83
Proceedings on appeal

1. For the purposes of proceedings under article 81 and this article, the Appeals Chamber shall have all the powers of the Trial Chamber.

2. If the Appeals Chamber finds that the proceedings appealed from were unfair in a way that affected the reliability of the decision or sentence, or that the decision or sentence appealed from was materially affected by error of fact or law or procedural error, it may:

For these purposes, the Appeals Chamber may remand a factual issue to the original Trial Chamber for it to determine the issue and to report back accordingly, or may itself call evidence to determine the issue. When the decision or sentence has been appealed only by the person convicted, or the Prosecutor on that person's behalf, it cannot be amended to his or her detriment.

3. If in an appeal against sentence the Appeals Chamber finds that the sentence is disproportionate to the crime, it may vary the sentence in accordance with Part 7.

4. The judgement of the Appeals Chamber shall be taken by a majority of the judges and shall be delivered in open court. The judgement shall state the reasons on which it is based. When there is no unanimity, the judgement of the Appeals Chamber shall contain the views of the majority and the minority, but a judge may deliver a separate or dissenting opinion on a question of law.

5. The Appeals Chamber may deliver its judgement in the absence of the person acquitted or convicted.

Article 84
Revision of conviction or sentence

1. The convicted person or, after death, spouses, children, parents or one person alive at the time of the accused's death who has been given express written instructions from the accused to bring such a claim, or the Prosecutor on the person's behalf, may apply to the Appeals Chamber to revise the final judgement of conviction or sentence on the grounds that:

(b) It has been newly discovered that decisive evidence, taken into account at trial and upon which the conviction depends, was false, forged or falsified;
(c) One or more of the judges who participated in conviction or confirmation of the charges has committed, in that case, an act of serious misconduct or serious breach of duty of sufficient gravity to justify the removal of that judge or those judges from office under article 46.

2. The Appeals Chamber shall reject the application if it considers it to be unfounded. If it determines that the application is meritorious, it may, as appropriate:

with a view to, after hearing the parties in the manner set forth in the Rules of Procedure and Evidence, arriving at a determination on whether the judgement should be revised.

Article 85
Compensation to an arrested or convicted person

1. Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation.

2. When a person has by a final decision been convicted of a criminal offence, and when subsequently his or her conviction has been reversed on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice, the person who has suffered punishment as a result of such conviction shall be compensated according to law, unless it is proved that the non-disclosure of the unknown fact in time is wholly or partly attributable to him or her.

3. In exceptional circumstances, where the Court finds conclusive facts showing that there has been a grave and manifest miscarriage of justice, it may in its discretion award compensation, according to the criteria provided in the Rules of Procedure and Evidence, to a person who has been released from detention following a final decision of acquittal or a termination of the proceedings for that reason.

PART 9. INTERNATIONAL COOPERATION AND JUDICIAL ASSISTANCE

Article 86
General obligation to cooperate

States Parties shall, in accordance with the provisions of this Statute, cooperate fully with the Court in its investigation and prosecution of crimes within the jurisdiction of the Court.

Article 87
Requests for cooperation: general provisions

Subsequent changes to the designation shall be made by each State Party in accordance with the Rules of Procedure and Evidence.

(b) When appropriate, without prejudice to the provisions of subparagraph (a), requests may also be transmitted through the International Criminal Police Organization or any appropriate regional organization.

2. Requests for cooperation and any documents supporting the request shall either be in or be accompanied by a translation into an official language of the requested State or one of the working languages of the Court, in accordance with the choice made by that State upon ratification, acceptance, approval or accession.

Subsequent changes to this choice shall be made in accordance with the Rules of Procedure and Evidence.

3. The requested State shall keep confidential a request for cooperation and any documents supporting the request, except to the extent that the disclosure is necessary for execution of the request.

4. In relation to any request for assistance presented under this Part, the Court may take such measures, including measures related to the protection of information, as may be necessary to ensure the safety or physical or psychological well-being of any victims, potential witnesses and their families. The Court may request that any information that is made available under this Part shall be provided and handled in a manner that protects the safety and physical or psychological well-being of any victims, potential witnesses and their families.

6. The Court may ask any intergovernmental organization to provide information or documents. The Court may also ask for other forms of cooperation and assistance which may be agreed upon with such an organization and which are in accordance with its competence or mandate.

7. Where a State Party fails to comply with a request to cooperate by the Court contrary to the provisions of this Statute, thereby preventing the Court from exercising its functions and powers under this Statute, the Court may make a finding to that effect and refer the matter to the Assembly of States Parties or, where the Security Council referred the matter to the Court, to the Security Council.

Article 88
Availability of procedures under national law

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

Article 89
Surrender of persons to the Court

1. The Court may transmit a request for the arrest and surrender of a person, together with the material supporting the request outlined in article 91, to any State on the territory of which that person may be found and shall request the cooperation of that State in the arrest and surrender of such a person. States Parties shall, in accordance with the provisions of this Part and the procedure under their national law, comply with requests for arrest and surrender.

2. Where the person sought for surrender brings a challenge before a national court on the basis of the principle of ne bis in idem as provided in article 20, the requested State shall immediately consult with the Court to determine if there has been a relevant ruling on admissibility. If the case is admissible, the requested State shall proceed with the execution of the request. If an admissibility ruling is pending, the requested State may postpone the execution of the request for surrender of the person until the Court makes a determination on admissibility.

4. If the person sought is being proceeded against or is serving a sentence in the requested State for a crime different from that for which surrender to the Court is sought, the requested State, after making its decision to grant the request, shall consult with the Court.

Article 90
Competing requests

1. A State Party which receives a request from the Court for the surrender of a person under article 89 shall, if it also receives a request from any other State for the extradition of the same person for the same conduct which forms the basis of the crime for which the Court seeks the person's surrender, notify the Court and the requesting State of that fact.

2. Where the requesting State is a State Party, the requested State shall give priority to the request from the Court if:

3. Where a determination under paragraph 2 (a) has not been made, the requested State may, at its discretion, pending the determination of the Court under paragraph 2 (b), proceed to deal with the request for extradition from the requesting State but shall not extradite the person until the Court has determined that the case is inadmissible. The Court's determination shall be made on an expedited basis.

4. If the requesting State is a State not Party to this Statute the requested State, if it is not under an international obligation to extradite the person to the requesting State, shall give priority to the request for surrender from the Court, if the Court has determined that the case is admissible.

5. Where a case under paragraph 4 has not been determined to be admissible by the Court, the requested State may, at its discretion, proceed to deal with the request for extradition from the requesting State.

6. In cases where paragraph 4 applies except that the requested State is under an existing international obligation to extradite the person to the requesting State not Party to this Statute, the requested State shall determine whether to surrender the person to the Court or extradite the person to the requesting State. In making its decision, the requested State shall consider all the relevant factors, including but not limited to:

7. Where a State Party which receives a request from the Court for the surrender of a person also receives a request from any State for the extradition of the same person for conduct other than that which constitutes the crime for which the Court seeks the person's surrender:

8. Where pursuant to a notification under this article, the Court has determined a case to be inadmissible, and subsequently extradition to the requesting State is refused, the requested State shall notify the Court of this decision.

Article 91
Contents of request for arrest and surrender

1. A request for arrest and surrender shall be made in writing. In urgent cases, a request may be made by any medium capable of delivering a written record, provided that the request shall be confirmed through the channel provided for in article 87, paragraph 1 (a).

2. In the case of a request for the arrest and surrender of a person for whom a warrant of arrest has been issued by the Pre-Trial Chamber under article 58, the request shall contain or be supported by:

3. In the case of a request for the arrest and surrender of a person already convicted, the request shall contain or be supported by:

4. Upon the request of the Court, a State Party shall consult with the Court, either generally or with respect to a specific matter, regarding any requirements under its national law that may apply under paragraph 2 (c). During the consultations, the State Party shall advise the Court of the specific requirements of its national law.

Article 92
Provisional arrest

1. In urgent cases, the Court may request the provisional arrest of the person sought, pending presentation of the request for surrender and the documents supporting the request as specified in article 91.

2. The request for provisional arrest shall be made by any medium capable of delivering a written record and shall contain:

3. A person who is provisionally arrested may be released from custody if the requested State has not received the request for surrender and the documents supporting the request as specified in article 91 within the time limits specified in the Rules of Procedure and Evidence. However, the person may consent to surrender before the expiration of this period if permitted by the law of the requested State. In such a case, the requested State shall proceed to surrender the person to the Court as soon as possible.

4. The fact that the person sought has been released from custody pursuant to paragraph 3 shall not prejudice the subsequent arrest and surrender of that person if the request for surrender and the documents supporting the request are delivered at a later date.

Article 93
Other forms of cooperation

1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:

2. The Court shall have the authority to provide an assurance to a witness or an expert appearing before the Court that he or she will not be prosecuted, detained or subjected to any restriction of personal freedom by the Court in respect of any act or omission that preceded the departure of that person from the requested State.

3. Where execution of a particular measure of assistance detailed in a request presented under paragraph 1, is prohibited in the requested State on the basis of an existing fundamental legal principle of general application, the requested State shall promptly consult with the Court to try to resolve the matter. In the consultations, consideration should be given to whether the assistance can be rendered in another manner or subject to conditions. If after consultations the matter cannot be resolved, the Court shall modify the request as necessary.

4. In accordance with article 72, a State Party may deny a request for assistance, in whole or in part, only if the request concerns the production of any documents or disclosure of evidence which relates to its national security.

5. Before denying a request for assistance under paragraph 1 (l), the requested State shall consider whether the assistance can be provided subject to specified conditions, or whether the assistance can be provided at a later date or in an alternative manner, provided that if the Court or the Prosecutor accepts the assistance subject to conditions, the Court or the Prosecutor shall abide by them.

6. If a request for assistance is denied, the requested State Party shall promptly inform the Court or the Prosecutor of the reasons for such denial.

8. (a) The Court shall ensure the confidentiality of documents and information, except as required for the investigation and proceedings described in the request.

(b) The requested State may, when necessary, transmit documents or information to the Prosecutor on a confidential basis. The Prosecutor may then use them solely for the purpose of generating new evidence.

(c) The requested State may, on its own motion or at the request of the Prosecutor, subsequently consent to the disclosure of such documents or information. They may then be used as evidence pursuant to the provisions of Parts 5 and 6 and in accordance with the Rules of Procedure and Evidence.

(b) Where, however, the request from the Court concerns information, property or persons which are subject to the control of a third State or an international organization by virtue of an international agreement, the requested States shall so inform the Court and the Court shall direct its request to the third State or international organization.

10.

inter alia

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

1. If the immediate execution of a request would interfere with an ongoing investigation or prosecution of a case different from that to which the request relates, the requested State may postpone the execution of the request for a period of time agreed upon with the Court. However, the postponement shall be no longer than is necessary to complete the relevant investigation or prosecution in the requested State. Before making a decision to postpone, the requested State should consider whether the assistance may be immediately provided subject to certain conditions.

2. If a decision to postpone is taken pursuant to paragraph 1, the Prosecutor may, however, seek measures to preserve evidence, pursuant to article 93, paragraph 1 (j).

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

Where there is an admissibility challenge under consideration by the Court pursuant to article 18 or 19, the requested State may postpone the execution of a request under this Part pending a determination by the Court, unless the Court has specifically ordered that the Prosecutor may pursue the collection of such evidence pursuant to article 18 or 19.

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

1. A request for other forms of assistance referred to in article 93 shall be made in writing. In urgent cases, a request may be made by any medium capable of delivering a written record, provided that the request shall be confirmed through the channel provided for in article 87, paragraph 1 (a).

2. The request shall, as applicable, contain or be supported by the following:

3. Upon the request of the Court, a State Party shall consult with the Court, either generally or with respect to a specific matter, regarding any requirements under its national law that may apply under paragraph 2 (e). During the consultations, the State Party shall advise the Court of the specific requirements of its national law.

4. The provisions of this article shall, where applicable, also apply in respect of a request for assistance made to the Court.

Article 97
Consultations

Where a State Party receives a request under this Part in relation to which it identifies problems which may impede or prevent the execution of the request, that State shall consult with the Court without delay in order to resolve the matter. Such problems may include, inter alia:

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

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

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

Article 99
Execution of requests under articles 93 and 96

1. Requests for assistance shall be executed in accordance with the relevant procedure under the law of the requested State and, unless prohibited by such law, in the manner specified in the request, including following any procedure outlined therein or permitting persons specified in the request to be present at and assist in the execution process.

2. In the case of an urgent request, the documents or evidence produced in response shall, at the request of the Court, be sent urgently.

3. Replies from the requested State shall be transmitted in their original language and form.

4. Without prejudice to other articles in this Part, where it is necessary for the successful execution of a request which can be executed without any compulsory measures, including specifically the interview of or taking evidence from a person on a voluntary basis, including doing so without the presence of the authorities of the requested State Party if it is essential for the request to be executed, and the examination without modification of a public site or other public place, the Prosecutor may execute such request directly on the territory of a State as follows:

(b) In other cases, the Prosecutor may execute such request following consultations with the requested State Party and subject to any reasonable conditions or concerns raised by that State Party. Where the requested State Party identifies problems with the execution of a request pursuant to this subparagraph it shall, without delay, consult with the Court to resolve the matter.

5. Provisions allowing a person heard or examined by the Court under article 72 to invoke restrictions designed to prevent disclosure of confidential information connected with national security shall also apply to the execution of requests for assistance under this article.

Article 100
Costs

1. The ordinary costs for execution of requests in the territory of the requested State shall be borne by that State, except for the following, which shall be borne by the Court:

2. The provisions of paragraph 1 shall, as appropriate, apply to requests from States Parties to the Court. In that case, the Court shall bear the ordinary costs of execution.

Article 101
Rule of speciality

1. A person surrendered to the Court under this Statute shall not be proceeded against, punished or detained for any conduct committed prior to surrender, other than the conduct or course of conduct which forms the basis of the crimes for which that person has been surrendered.

2. The Court may request a waiver of the requirements of paragraph 1 from the State which surrendered the person to the Court and, if necessary, the Court shall provide additional information in accordance with article 91. States Parties shall have the authority to provide a waiver to the Court and should endeavour to do so.

Article 102
Use of terms

For the purposes of this Statute:

PART 10. ENFORCEMENT

Article 103
Role of States in enforcement of sentences of imprisonment

3. In exercising its discretion to make a designation under paragraph 1, the Court shall take into account the following:

4. If no State is designated under paragraph 1, the sentence of imprisonment shall be served in a prison facility made available by the host State, in accordance with the conditions set out in the headquarters agreement referred to in article 3, paragraph 2. In such a case, the costs arising out of the enforcement of a sentence of imprisonment shall be borne by the Court.

Article 104
Change in designation of State of enforcement

1. The Court may, at any time, decide to transfer a sentenced person to a prison of another State.

2. A sentenced person may, at any time, apply to the Court to be transferred from the State of enforcement.

Article 105
Enforcement of the sentence

1. Subject to conditions which a State may have specified in accordance with article 103, paragraph 1 (b), the sentence of imprisonment shall be binding on the States Parties, which shall in no case modify it.

2. The Court alone shall have the right to decide any application for appeal and revision. The State of enforcement shall not impede the making of any such application by a sentenced person.

Article 106
Supervision of enforcement of sentences and conditions of imprisonment

1. The enforcement of a sentence of imprisonment shall be subject to the supervision of the Court and shall be consistent with widely accepted international treaty standards governing treatment of prisoners.

2. The conditions of imprisonment shall be governed by the law of the State of enforcement and shall be consistent with widely accepted international treaty standards governing treatment of prisoners; in no case shall such conditions be more or less favourable than those available to prisoners convicted of similar offences in the State of enforcement.

3. Communications between a sentenced person and the Court shall be unimpeded and confidential.

Article 107
Transfer of the person upon completion of sentence

1. Following completion of the sentence, a person who is not a national of the State of enforcement may, in accordance with the law of the State of enforcement, be transferred to a State which is obliged to receive him or her, or to another State which agrees to receive him or her, taking into account any wishes of the person to be transferred to that State, unless the State of enforcement authorizes the person to remain in its territory.

2. If no State bears the costs arising out of transferring the person to another State pursuant to paragraph 1, such costs shall be borne by the Court.

3. Subject to the provisions of article 108, the State of enforcement may also, in accordance with its national law, extradite or otherwise surrender the person to a State which has requested the extradition or surrender of the person for purposes of trial or enforcement of a sentence.

Article 108
Limitation on the prosecution or punishment of other offences

1. A sentenced person in the custody of the State of enforcement shall not be subject to prosecution or punishment or to extradition to a third State for any conduct engaged in prior to that person's delivery to the State of enforcement, unless such prosecution, punishment or extradition has been approved by the Court at the request of the State of enforcement.

2. The Court shall decide the matter after having heard the views of the sentenced person.

3. Paragraph 1 shall cease to apply if the sentenced person remains voluntarily for more than 30 days in the territory of the State of enforcement after having served the full sentence imposed by the Court, or returns to the territory of that State after having left it.

Article 109
Enforcement of fines and forfeiture measures

1. States Parties shall give effect to fines or forfeitures ordered by the Court under Part 7, without prejudice to the rights of bona fide third parties, and in accordance with the procedure of their national law.

2. If a State Party is unable to give effect to an order for forfeiture, it shall take measures to recover the value of the proceeds, property or assets ordered by the Court to be forfeited, without prejudice to the rights of bona fide third parties.

3. Property, or the proceeds of the sale of real property or, where appropriate, the sale of other property, which is obtained by a State Party as a result of its enforcement of a judgement of the Court shall be transferred to the Court.

Article 110
Review by the Court concerning reduction of sentence

1. The State of enforcement shall not release the person before expiry of the sentence pronounced by the Court.

2. The Court alone shall have the right to decide any reduction of sentence, and shall rule on the matter after having heard the person.

3. When the person has served two thirds of the sentence, or 25 years in the case of life imprisonment, the Court shall review the sentence to determine whether it should be reduced. Such a review shall not be conducted before that time.

4. In its review under paragraph 3, the Court may reduce the sentence if it finds that one or more of the following factors are present:

5. If the Court determines in its initial review under paragraph 3 that it is not appropriate to reduce the sentence, it shall thereafter review the question of reduction of sentence at such intervals and applying such criteria as provided for in the Rules of Procedure and Evidence.

Article 111
Escape

If a convicted person escapes from custody and flees the State of enforcement, that State may, after consultation with the Court, request the person's surrender from the State in which the person is located pursuant to existing bilateral or multilateral arrangements, or may request that the Court seek the person's surrender, in accordance with Part 9. It may direct that the person be delivered to the State in which he or she was serving the sentence or to another State designated by the Court.

PART 11. ASSEMBLY OF STATES PARTIES

Article 112
Assembly of States Parties

1. An Assembly of States Parties to this Statute is hereby established. Each State Party shall have one representative in the Assembly who may be accompanied by alternates and advisers. Other States which have signed this Statute or the Final Act may be observers in the Assembly.

2. The Assembly shall:

4. The Assembly may establish such subsidiary bodies as may be necessary, including an independent oversight mechanism for inspection, evaluation and investigation of the Court, in order to enhance its efficiency and economy.

5. The President of the Court, the Prosecutor and the Registrar or their representatives may participate, as appropriate, in meetings of the Assembly and of the Bureau.

6. The Assembly shall meet at the seat of the Court or at the Headquarters of the United Nations once a year and, when circumstances so require, hold special sessions. Except as otherwise specified in this Statute, special sessions shall be convened by the Bureau on its own initiative or at the request of one third of the States Parties.

7. Each State Party shall have one vote. Every effort shall be made to reach decisions by consensus in the Assembly and in the Bureau. If consensus cannot be reached, except as otherwise provided in the Statute:

8. A State Party which is in arrears in the payment of its financial contributions towards the costs of the Court shall have no vote in the Assembly and in the Bureau if the amount of its arrears equals or exceeds the amount of the contributions due from it for the preceding two full years. The Assembly may, nevertheless, permit such a State Party to vote in the Assembly and in the Bureau if it is satisfied that the failure to pay is due to conditions beyond the control of the State Party.

9. The Assembly shall adopt its own rules of procedure.

10. The official and working languages of the Assembly shall be those of the General Assembly of the United Nations.

PART 12. FINANCING

Article 113
Financial Regulations

Except as otherwise specifically provided, all financial matters related to the Court and the meetings of the Assembly of States Parties, including its Bureau and subsidiary bodies, shall be governed by this Statute and the Financial Regulations and Rules adopted by the Assembly of States Parties.

Article 114
Payment of expenses

Expenses of the Court and the Assembly of States Parties, including its Bureau and subsidiary bodies, shall be paid from the funds of the Court.

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

The expenses of the Court and the Assembly of States Parties, including its Bureau and subsidiary bodies, as provided for in the budget decided by the Assembly of States Parties, shall be provided by the following sources:

Article 116
Voluntary contributions

Without prejudice to article 115, the Court may receive and utilize, as additional funds, voluntary contributions from Governments, international organizations, individuals, corporations and other entities, in accordance with relevant criteria adopted by the Assembly of States Parties.

Article 117
Assessment of contributions

The contributions of States Parties shall be assessed in accordance with an agreed scale of assessment, based on the scale adopted by the United Nations for its regular budget and adjusted in accordance with the principles on which that scale is based.

Article 118
Annual audit

The records, books and accounts of the Court, including its annual financial statements, shall be audited annually by an independent auditor.

PART 13. FINAL CLAUSES

Article 119
Settlement of disputes

1. Any dispute concerning the judicial functions of the Court shall be settled by the decision of the Court.

2. Any other dispute between two or more States Parties relating to the interpretation or application of this Statute which is not settled through negotiations within three months of their commencement shall be referred to the Assembly of States Parties. The Assembly may itself seek to settle the dispute or may make recommendations on further means of settlement of the dispute, including referral to the International Court of Justice in conformity with the Statute of that Court.

Article 120
Reservations

No reservations may be made to this Statute.

Article 121
Amendments

1. After the expiry of seven years from the entry into force of this Statute, any State Party may propose amendments thereto. The text of any proposed amendment shall be submitted to the Secretary-General of the United Nations, who shall promptly circulate it to all States Parties.

2. No sooner than three months from the date of notification, the Assembly of States Parties, at its next meeting, shall, by a majority of those present and voting, decide whether to take up the proposal. The Assembly may deal with the proposal directly or convene a Review Conference if the issue involved so warrants.

3. The adoption of an amendment at a meeting of the Assembly of States Parties or at a Review Conference on which consensus cannot be reached shall require a two-thirds majority of States Parties.

4. Except as provided in paragraph 5, an amendment shall enter into force for all States Parties one year after instruments of ratification or acceptance have been deposited with the Secretary-General of the United Nations by seven-eighths of them.

5. Any amendment to articles 5, 6, 7 and 8 of this Statute shall enter into force for those States Parties which have accepted the amendment one year after the deposit of their instruments of ratification or acceptance. In respect of a State Party which has not accepted the amendment, the Court shall not exercise its jurisdiction regarding a crime covered by the amendment when committed by that State Party's nationals or on its territory.

6. If an amendment has been accepted by seven-eighths of States Parties in accordance with paragraph 4, any State Party which has not accepted the amendment may withdraw from this Statute with immediate effect, notwithstanding article 127, paragraph 1, but subject to article 127, paragraph 2, by giving notice no later than one year after the entry into force of such amendment.

7. The Secretary-General of the United Nations shall circulate to all States Parties any amendment adopted at a meeting of the Assembly of States Parties or at a Review Conference.

Article 122
Amendments to provisions of an institutional nature

1. Amendments to provisions of this Statute which are of an exclusively institutional nature, namely, article 35, article 36, paragraphs 8 and 9, article 37, article 38, article 39, paragraphs 1 (first two sentences), 2 and 4, article 42, paragraphs 4 to 9, article 43, paragraphs 2 and 3, and articles 44, 46, 47 and 49, may be proposed at any time, notwithstanding article 121, paragraph 1, by any State Party. The text of any proposed amendment shall be submitted to the Secretary-General of the United Nations or such other person designated by the Assembly of States Parties who shall promptly circulate it to all States Parties and to others participating in the Assembly.

2. Amendments under this article on which consensus cannot be reached shall be adopted by the Assembly of States Parties or by a Review Conference, by a two-thirds majority of States Parties. Such amendments shall enter into force for all States Parties six months after their adoption by the Assembly or, as the case may be, by the Conference.

Article 123
Review of the Statute

1. Seven years after the entry into force of this Statute the Secretary-General of the United Nations shall convene a Review Conference to consider any amendments to this Statute. Such review may include, but is not limited to, the list of crimes contained in article 5. The Conference shall be open to those participating in the Assembly of States Parties and on the same conditions.

2. At any time thereafter, at the request of a State Party and for the purposes set out in paragraph 1, the Secretary-General of the United Nations shall, upon approval by a majority of States Parties, convene a Review Conference.

3. The provisions of article 121, paragraphs 3 to 7, shall apply to the adoption and entry into force of any amendment to the Statute considered at a Review Conference.

Article 124
Transitional Provision

Notwithstanding article 12, paragraphs 1 and 2, a State, on becoming a party to this Statute, may declare that, for a period of seven years after the entry into force of this Statute for the State concerned, it does not accept the jurisdiction of the Court with respect to the category of crimes referred to in article 8 when a crime is alleged to have been committed by its nationals or on its territory. A declaration under this article may be withdrawn at any time. The provisions of this article shall be reviewed at the Review Conference convened in accordance with article 123, paragraph 1.

Article 125
Signature, ratification, acceptance, approval or accession

1. This Statute shall be open for signature by all States in Rome, at the headquarters of the Food and Agriculture Organization of the United Nations, on 17 July 1998. Thereafter, it shall remain open for signature in Rome at the Ministry of Foreign Affairs of Italy until 17 October 1998. After that date, the Statute shall remain open for signature in New York, at United Nations Headquarters, until 31 December 2000.

2. This Statute is subject to ratification, acceptance or approval by signatory States. Instruments of ratification, acceptance or approval shall be deposited with the Secretary-General of the United Nations.

3. This Statute shall be open to accession by all States. Instruments of accession shall be deposited with the Secretary-General of the United Nations.

Article 126
Entry into force

1. This Statute shall enter into force on the first day of the month after the 60th day following the date of the deposit of the 60th instrument of ratification, acceptance, approval or accession with the Secretary-General of the United Nations.

2. For each State ratifying, accepting, approving or acceding to this Statute after the deposit of the 60th instrument of ratification, acceptance, approval or accession, the Statute shall enter into force on the first day of the month after the 60th day following the deposit by such State of its instrument of ratification, acceptance, approval or accession.

Article 127
Withdrawal

1. A State Party may, by written notification addressed to the Secretary-General of the United Nations, withdraw from this Statute. The withdrawal shall take effect one year after the date of receipt of the notification, unless the notification specifies a later date.

2. A State shall not be discharged, by reason of its withdrawal, from the obligations arising from this Statute while it was a Party to the Statute, including any financial obligations which may have accrued. Its withdrawal shall not affect any cooperation with the Court in connection with criminal investigations and proceedings in relation to which the withdrawing State had a duty to cooperate and which were commenced prior to the date on which the withdrawal became effective, nor shall it prejudice in any way the continued consideration of any matter which was already under consideration by the Court prior to the date on which the withdrawal became effective.

Article 128
Authentic texts

The original of this Statute, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations, who shall send certified copies thereof to all States.

IN WITNESS WHEREOF, the undersigned, being duly authorised thereto by their respective Governments, have signed this Statute.

DONE at Rome, this 17th day of July 1998.

09Nov07 - WSM

International Criminal Court Act 2007