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ARTICLE-15: Prosecutor [go to this ARTICLE]
... 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-18: Preliminary rulings regarding admissibility [go to this ARTICLE]
... 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 [go to this ARTICLE]
... 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. ...
ARTICLE-25: Individual criminal responsibility [go to this ARTICLE]
... (b) Orders, solicits or induces the commission of such a crime which in fact occurs or is attempted; ...
ARTICLE-31: Grounds for excluding criminal responsibility [go to this ARTICLE]
... (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; ...
ARTICLE-32: Mistake of fact or mistake of law [go to this ARTICLE]
... 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. ...
ARTICLE-33: Superior orders and prescription of law [go to this ARTICLE]
... 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: ...
ARTICLE-53: Initiation of an investigation [go to this ARTICLE]
... 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 [go to this ARTICLE]
... (a) In order to establish the truth, extend the investigation to cover all facts and evidence relevant to an assessment of whether there is criminal responsibility under this Statute, and, in doing so, investigate incriminating and exonerating circumstances equally; ...
ARTICLE-58: Issuance by the Pre-Trial Chamber of a warrant of arrest or a summons to appear [go to this ARTICLE]
ARTICLE-65: Proceedings on an admission of guilt [go to this ARTICLE]
... 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. ...
... 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: ...
ARTICLE-69: Evidence [go to this ARTICLE]
... 6. The Court shall not require proof of facts of common knowledge but may take judicial notice of them. ...
ARTICLE-72: Protection of national security information [go to this ARTICLE]
... (iii) The Court may make such inference in the trial of the accused as to the existence or non-existence of a fact, as may be appropriate in the circumstances; or ...
... (ii) To the extent it does not order disclosure, make such inference in the trial of the accused as to the existence or non-existence of a fact, as may be appropriate in the circumstances. ...
ARTICLE-74: Requirements for the decision [go to this ARTICLE]
... 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. ...
ARTICLE-81: Appeal against decision of acquittal or conviction or against sentence [go to this ARTICLE]
... (ii) Error of fact, or ...
... (ii) Error of fact, ...
ARTICLE-83: Proceedings on appeal [go to this ARTICLE]
... 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: ...
ARTICLE-85: Compensation to an arrested or convicted person [go to this ARTICLE]
... 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. ...
... 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. ...
ARTICLE-89: Surrender of persons to the Court [go to this ARTICLE]
ARTICLE-90: Competing requests [go to this ARTICLE]
... 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. ...
ARTICLE-92: Provisional arrest [go to this ARTICLE]
... (b) A concise statement of the crimes for which the person's arrest is sought and of the facts which are alleged to constitute those crimes, including, where possible, the date and location of the crime; ...
... 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-96: Contents of request for other forms of assistance under article 93 [go to this ARTICLE]
ARTICLE-97: Consultations [go to this ARTICLE]
... (b) In the case of a request for surrender, the fact that despite best efforts, the person sought cannot be located or that the investigation conducted has determined that the person in the requested State is clearly not the person named in the warrant; or ...
... (c) The fact that execution of the request in its current form would require the requested State to breach a pre-existing treaty obligation undertaken with respect to another State. ...