 |
Law-ref.org | Rome Statute of the International Criminal Court |
Site search
Sister sites
responsibility [Global Index]
...
Recalling that it is the duty of every State to exercise its criminal jurisdiction over those responsible for international crimes, ...
ARTICLE-8: War crimes [go to this ARTICLE]
... 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-17: Issues of admissibility [go to this ARTICLE]
... (a) The proceedings were or are being undertaken or the national decision was made for the purpose of shielding the person concerned from criminal responsibility for crimes within the jurisdiction of the Court referred to in article 5; ...
ARTICLE-20: Ne bis in idem [go to this ARTICLE]
... (a) Were for the purpose of shielding the person concerned from criminal responsibility for crimes within the jurisdiction of the Court; or ...
ARTICLE-22: Nullum crimen sine lege [go to this ARTICLE]
... 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. ...
ARTICLE-24: Non-retroactivity ratione personae [go to this ARTICLE]
... 1. No person shall be criminally responsible under this Statute for conduct prior to the entry into force of the Statute. ...
ARTICLE-25: Individual criminal responsibility [go to this ARTICLE]
... Individual criminal responsibility ...
... 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: ...
... (a) Commits such a crime, whether as an individual, jointly with another or through another person, regardless of whether that other person is criminally responsible; ...
... 4. No provision in this Statute relating to individual criminal responsibility shall affect the responsibility of States under international law. ...
... 4. No provision in this Statute relating to individual criminal responsibility shall affect the responsibility of States under international law. ...
ARTICLE-27: Irrelevance of official capacity [go to this ARTICLE]
... 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. ...
ARTICLE-28: Responsibility of commanders and other superiors [go to this ARTICLE]
... In addition to other grounds of criminal responsibility under this Statute for crimes within the jurisdiction of the Court: ...
... (a) A military commander or person effectively acting as a military commander shall be criminally responsible for crimes within the jurisdiction of the Court committed by forces under his or her effective command and control, or effective authority and control as the case may be, as a result of his or her failure to exercise control properly over such forces, where: ...
... (b) With respect to superior and subordinate relationships not described in paragraph (a), a superior shall be criminally responsible for crimes within the jurisdiction of the Court committed by subordinates under his or her effective authority and control, as a result of his or her failure to exercise control properly over such subordinates, where: ...
... (ii) The crimes concerned activities that were within the effective responsibility and control of the superior; and ...
ARTICLE-30: Mental element [go to this ARTICLE]
... 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. ...
ARTICLE-31: Grounds for excluding criminal responsibility [go to this ARTICLE]
... 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: ...
... 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: ...
... (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; ...
... 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 [go to this ARTICLE]
... 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. ...
... 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 [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-38: The Presidency [go to this ARTICLE]
... 3. The President, together with the First and Second Vice-Presidents, shall constitute the Presidency, which shall be responsible for: (a) The proper administration of the Court, with the exception of the Office of the Prosecutor; and (b) The other functions conferred upon it in accordance with this Statute. ...
... 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-42: The Office of the Prosecutor [go to this ARTICLE]
... 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. ...
ARTICLE-43: The Registry [go to this ARTICLE]
... 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. ...
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-61: Confirmation of the charges before trial [go to this ARTICLE]
... 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. ...
ARTICLE-103: Role of States in enforcement of sentences of imprisonment [go to this ARTICLE]
... (a) The principle that States Parties should share the responsibility for enforcing sentences of imprisonment, in accordance with principles of equitable distribution, as provided in the Rules of Procedure and Evidence; ...
ARTICLE-112: Assembly of States Parties [go to this ARTICLE]
... (c) The Bureau shall meet as often as necessary, but at least once a year. It shall assist the Assembly in the discharge of its responsibilities. ...