same here
- thejonathans

and here

and here
- thejonathans

okay, page 8.

URGNIW$UTKBEHJhbrfgjs

Stop the nonsense.

Stop the nonsense.
- JRR1285

jrr1285, hello

Stop the nonsense.
- JRR1285

It's a nonsense thread, okay?

It's a nonsense thread, okay?
- thejonathans

please get out of my thread

Garbage thread

Garbage thread
- Tumbleweed

clown thread, bro

Keep the nonsense coming guys. I made this garbage thread for nonsense posts and you are all doing a good job posting garbage posts and nonsense!

Keep the nonsense coming guys. I made this garbage thread for nonsense posts and you are all doing a good job posting garbage posts and nonsense!
- AustonPowers

It's a nonsense thread, okay?
- thejonathans

Not really.

Keep the nonsense coming guys. I made this garbage thread for nonsense posts and you are all doing a good job posting garbage posts and nonsense!
- AustonPowers

I submitted a complaint with the ACLU regarding this form.

I submitted a complaint with the ACLU regarding this form.
- eichiefs9

I submitted a complaint for your avatar.

i submitted a complaint for your complaints

i submitted a complaint for your complaints
- kicksave856

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 authorizing 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
1. 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:

(a) The crime of genocide;
(b) Crimes against humanity;

(c) War crimes;

(d) The crime of aggression.


2. The Court shall exercise jurisdiction over the crime of aggression once a provision is adopted in accordance with articles 121 and 123 defining the crime and setting out the conditions under which the Court shall exercise jurisdiction with respect to this crime. Such a provision shall be consistent with the relevant provisions of the Charter of the United Nations.

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:

(a) Killing members of the group;
(b) Causing serious bodily or mental harm to members of the group;

(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;

(d) Imposing measures intended to prevent births within the group;

(e) Forcibly transferring children of the group to another group.


Article 7
Crimes against humanity
1. 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:

(a) Murder;
(b) Extermination;

(c) Enslavement;

(d) Deportation or forcible transfer of population;

(e) Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law;

(f) Torture;

(g) Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity;

(h) Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender as defined in paragraph 3, or other grounds that are universally recognized as impermissible under international law, in connection with any act referred to in this paragraph or any crime within the jurisdiction of the Court;

(i) Enforced disappearance of persons;

(j) The crime of apartheid;

(k) Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.

2. For the purpose of paragraph 1:
(a) "Attack directed against any civilian population" means a course of conduct involving the multiple commission of acts referred to in paragraph 1 against any civilian population, pursuant to or in furtherance of a State or organizational policy to commit such attack;
(b) "Extermination" includes the intentional infliction of conditions of life, inter alia the deprivation of access to food and medicine, calculated to bring about the destruction of part of a population;

(c) "Enslavement" means the exercise of any or all of the powers attaching to the right of ownership over a person and includes the exercise of such power in the course of trafficking in persons, in particular women and children;

(d) "Deportation or forcible transfer of population" means forced displacement of the persons concerned by expulsion or other coercive acts from the area in which they are lawfully present, without grounds permitted under international law;

(e) "Torture" means the intentional infliction of severe pain or suffering, whether physical or mental, upon a person in the custody or under the control of the accused; except that torture shall not include pain or suffering arising only from, inherent in or incidental to, lawful sanctions;

(f) "Forced pregnancy" means the unlawful confinement of a woman forcibly made pregnant, with the intent of affecting the ethnic composition of any population or carrying out other grave violations of international law. This definition shall not in any way be interpreted as affecting national laws relating to pregnancy;

(g) "Persecution" means the intentional and severe deprivation of fundamental rights contrary to international law by reason of the identity of the group or collectivity;

(h) "The crime of apartheid" means inhumane acts of a character similar to those referred to in paragraph 1, committed in the context of an institutionalized regime of systematic oppression and domination by one racial group over any other racial group or groups and committed with the intention of maintaining that regime;

(i) "Enforced disappearance of persons" means the arrest, detention or abduction of persons by, or with the authorization, support or acquiescence of, a State or a political organization, followed by a refusal to acknowledge that deprivation of freedom or to give information on the fate or whereabouts of those persons, with the intention of removing them from the protection of the law for a prolonged period of time.

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:
(a) Grave breaches of the Geneva Conventions of 12 August 1949, namely, any of the following acts against persons or property protected under the provisions of the relevant Geneva Convention:
(i) Wilful killing;
(ii) Torture or inhuman treatment, including biological experiments;

(iii) Wilfully causing great suffering, or serious injury to body or health;

(iv) Extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly;

(v) Compelling a prisoner of war or other protected person to serve in the forces of a hostile Power;

(vi) Wilfully depriving a prisoner of war or other protected person of the rights of fair and regular trial;

(vii) Unlawful deportation or transfer or unlawful confinement;

(viii) Taking of hostages.


(b) Other serious violations of the laws and customs applicable in international armed conflict, within the established framework of international law, namely, any of the following acts:
(i) Intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part in hostilities;
(ii) Intentionally directing attacks against civilian objects, that is, objects which are not military objectives;

(iii) Intentionally directing attacks against personnel, installations, material, units or vehicles involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations, as long as they are entitled to the protection given to civilians or civilian objects under the international law of armed conflict;

(iv) Intentionally launching an attack in the knowledge that such attack will cause incidental loss of life or injury to civilians or damage to civilian objects or widespread, long-term and severe damage to the natural environment which would be clearly excessive in relation to the concrete and direct overall military advantage anticipated;

(v) Attacking or bombarding, by whatever means, towns, villages, dwellings or buildings which are undefended and which are not military objectives;

(vi) Killing or wounding a combatant who, having laid down his arms or having no longer means of defence, has surrendered at discretion;

(vii) Making improper use of a flag of truce, of the flag or of the military insignia and uniform of the enemy or of the United Nations, as well as of the distinctive emblems of the Geneva Conventions, resulting in death or serious personal injury;

(viii) The transfer, directly or indirectly, by the Occupying Power of parts of its own civilian population into the territory it occupies, or the deportation or transfer of all or parts of the population of the occupied territory within or outside this territory;

(ix) Intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected, provided they are not military objectives;

(x) Subjecting persons who are in the power of an adverse party to physical mutilation or to medical or scientific experiments of any kind which are neither justified by the medical, dental or hospital treatment of the person concerned nor carried out in his or her interest, and which cause death to or seriously endanger the health of such person or persons;

(xi) Killing or wounding treacherously individuals belonging to the hostile nation or army;

(xii) Declaring that no quarter will be given;

(xiii) Destroying or seizing the enemy's property unless such destruction or seizure be imperatively demanded by the necessities of war;

(xiv) Declaring abolished, suspended or inadmissible in a court of law the rights and actions of the nationals of the hostile party;

(xv) Compelling the nationals of the hostile party to take part in the operations of war directed against their own country, even if they were in the belligerent's service before the commencement of the war;

(xvi) Pillaging a town or place, even when taken by assault;

(xvii) Employing poison or poisoned weapons;

(xviii) Employing asphyxiating, poisonous or other gases, and all analogous liquids, materials or devices;

(xix) Employing bullets which expand or flatten easily in the human body, such as bullets with a hard envelope which does not entirely cover the core or is pierced with incisions;

(xx) Employing weapons, projectiles and material and methods of warfare which are of a nature to cause superfluous injury or unnecessary suffering or which are inherently indiscriminate in violation of the international law of armed conflict, provided that such weapons, projectiles and material and methods of warfare are the subject of a comprehensive prohibition and are included in an annex to this Statute, by an amendment in accordance with the relevant provisions set forth in articles 121 and 123;

(xxi) Committing outrages upon personal dignity, in particular humiliating and degrading treatment;

(xxii) Committing rape, sexual slavery, enforced prostitution, forced pregnancy, as defined in article 7, paragraph 2 (f), enforced sterilization, or any other form of sexual violence also constituting a grave breach of the Geneva Conventions;

(xxiii) Utilizing the presence of a civilian or other protected person to render certain points, areas or military forces immune from military operations;

(xxiv) Intentionally directing attacks against buildings, material, medical units and transport, and personnel using the distinctive emblems of the Geneva Conventions in conformity with international law;

(xxv) Intentionally using starvation of civilians as a method of warfare by depriving them of objects indispensable to their survival, including wilfully impeding relief supplies as provided for under the Geneva Conventions;

(xxvi) Conscripting or enlisting children under the age of fifteen years into the national armed forces or using them to participate actively in hostilities.


(c) In the case of an armed conflict not of an international character, serious violations of article 3 common to the four Geneva Conventions of 12 August 1949, namely, any of the following acts committed against persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention or any other cause:

(i) Violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;
(ii) Committing outrages upon personal dignity, in particular humiliating and degrading treatment;

(iii) Taking of hostages;

(iv) The passing of sentences and the carrying out of executions without previous judgement pronounced by a regularly constituted court, affording all judicial guarantees which are generally recognized as indispensable.


(d) Paragraph 2 (c) applies to armed conflicts not of an international character and thus does not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence or other acts of a similar nature.
(e) Other serious violations of the laws and customs applicable in armed conflicts not of an international character, within the established framework of international law, namely, any of the following acts:


(i) Intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part in hostilities;
(ii) Intentionally directing attacks against buildings, material, medical units and transport, and personnel using the distinctive emblems of the Geneva Conventions in conformity with international law;

(iii) Intentionally directing attacks against personnel, installations, material, units or vehicles involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations, as long as they are entitled to the protection given to civilians or civilian objects under the international law of armed conflict;

(iv) Intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected, provided they are not military objectives;

(v) Pillaging a town or place, even when taken by assault;

(vi) Committing rape, sexual slavery, enforced prostitution, forced pregnancy, as defined in article 7, paragraph 2 (f), enforced sterilization, and any other form of sexual violence also constituting a serious violation of article 3 common to the four Geneva Conventions;

(vii) Conscripting or enlisting children under the age of fifteen years into armed forces or groups or using them to participate actively in hostilities;

(viii) Ordering the displacement of the civilian population for reasons related to the conflict, unless the security of the civilians involved or imperative military reasons so demand;

(ix) Killing or wounding treacherously a combatant adversary;

(x) Declaring that no quarter will be given;

(xi) Subjecting persons who are in the power of another party to the conflict to physical mutilation or to medical or scientific experiments of any kind which are neither justified by the medical, dental or hospital treatment of the person concerned nor carried out in his or her interest, and which cause death to or seriously endanger the health of such person or persons;

(xii) Destroying or seizing the property of an adversary unless such destruction or seizure be imperatively demanded by the necessities of the conflict;


(f) Paragraph 2 (e) applies to armed conflicts not of an international character and thus does not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence or other acts of a similar nature. It applies to armed conflicts that take place in the territory of a State when there is protracted armed conflict between governmental authorities and organized armed groups or between such groups.
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 9
Elements of Crimes

1. Elements of Crimes shall assist the Court in the interpretation and application of articles 6, 7 and 8. 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:

(a) Any State Party;
(b) The judges acting by an absolute majority;

(c) The Prosecutor.

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:
(a) The State on the territory of which the conduct in question occurred or, if the crime was committed on board a vessel or aircraft, the State of registration of that vessel or aircraft;
(b) The State of which the person accused of the crime is a national.

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:
(a) A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by a State Party in accordance with article 14;
(b) A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by the Security Council acting under Chapter VII of the Charter of the United Nations; or

(c) The Prosecutor has initiated an investigation in respect of such a crime in accordance with article 15.


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 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:
(a) The case is being investigated or prosecuted by a State which has jurisdiction over it, unless the State is unwilling or unable genuinely to carry out the investigation or prosecution;
(b) The case has been investigated by a State which has jurisdiction over it and the State has decided not to prosecute the person concerned, unless the decision resulted from the unwillingness or inability of the State genuinely to prosecute;

(c) The person concerned has already been tried for conduct which is the subject of the complaint, and a trial by the Court is not permitted under article 20, paragraph 3;

(d) The case is not of sufficient gravity to justify further action by the Court.

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:
(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;
(b) There has been an unjustified delay in the proceedings which in the circumstances is inconsistent with an intent to bring the person concerned to justice;

(c) The proceedings were not or are not being conducted independently or impartially, and they were or are being conducted in a manner which, in the circumstances, is inconsistent with an intent to bring the person concerned to justice.

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:
(a) An accused or a person for whom a warrant of arrest or a summons to appear has been issued under article 58;
(b) A State which has jurisdiction over a case, on the ground that it is investigating or prosecuting the case or has investigated or prosecuted; or

(c) A State from which acceptance of jurisdiction is required under article 12.

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:
(a) To pursue necessary investigative steps of the kind referred to in article 18, paragraph 6;
(b) To take a statement or testimony from a witness or complete the collection and examination of evidence which had begun prior to the making of the challenge; and

(c) In cooperation with the relevant States, to prevent the absconding of persons in respect of whom the Prosecutor has already requested a warrant of arrest under article 58.

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 or 8 shall be tried by the Court with respect to the same conduct unless the proceedings in the other court:

(a) Were for the purpose of shielding the person concerned from criminal responsibility for crimes within the jurisdiction of the Court; or
(b) Otherwise were not conducted independently or impartially in accordance with the norms of due process recognized by international law and were conducted in a manner which, in the circumstances, was inconsistent with an intent to bring the person concerned to justice.


Article 21
Applicable law

1. The Court shall apply:
(a) In the first place, this Statute, Elements of Crimes and its Rules of Procedure and Evidence;
(b) In the second place, where appropriate, applicable treaties and the principles and rules of international law, including the established principles of the international law of armed conflict;

(c) Failing that, general principles of law derived by the Court from national laws of legal systems of the world including, as appropriate, the national laws of States that would normally exercise jurisdiction over the crime, provided that those principles are not inconsistent with this Statute and with international law and internationally recognized norms and standards.

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:

(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;
(b) Orders, solicits or induces the commission of such a crime which in fact occurs or is attempted;

(c) For the purpose of facilitating the commission of such a crime, aids, abets or otherwise assists in its commission or its attempted commission, including providing the means for its commission;

(d) In any other way contributes to the commission or attempted commission of such a crime by a group of persons acting with a common purpose. Such contribution shall be intentional and shall either:

(i) Be made with the aim of furthering the criminal activity or criminal purpose of the group, where such activity or purpose involves the commission of a crime within the jurisdiction of the Court; or
(ii) Be made in the knowledge of the intention of the group to commit the crime;


(e) In respect of the crime of genocide, directly and publicly incites others to commit genocide;
(f) Attempts to commit such a crime by taking action that commences its execution by means of a substantial step, but the crime does not occur because of circumstances independent of the person's intentions. However, a person who abandons the effort to commit the crime or otherwise prevents the completion of the crime shall not be liable for punishment under this Statute for the attempt to commit that crime if that person completely and voluntarily gave up the criminal purpose.

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:

(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:

(i) That military commander or person either knew or, owing to the circumstances at the time, should have known that the forces were committing or about to commit such crimes; and
(ii) That military commander or person failed to take all necessary and reasonable measures within his or her power to prevent or repress their commission or to submit the matter to the competent authorities for investigation and prosecution.


(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:

(i) The superior either knew, or consciously disregarded information which clearly indicated, that the subordinates were committing or about to commit such crimes;
(ii) The crimes concerned activities that were within the effective responsibility and control of the superior; and

(iii) The superior failed to take all necessary and reasonable measures within his or her power to prevent or repress their commission or to submit the matter to the competent authorities for investigation and prosecution.


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:

(a) In relation to conduct, that person means to engage in the conduct;
(b) In relation to a consequence, that person means to cause that consequence or is aware that it will occur in the ordinary course of events.

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:

(a) The person suffers from a mental disease or defect 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;
(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:

(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

(c) The order was not manifestly unlawful.

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:

(a) The Presidency;
(b) An Appeals Division, a Trial Division and a Pre-Trial Division;

(c) The Office of the Prosecutor;

(d) The Registry.


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.

2. (a) The Presidency, acting on behalf of the Court, may propose an increase in the number of judges specified in paragraph 1, indicating the reasons why this is considered necessary and appropriate. The Registrar shall promptly circulate any such proposal to all States Parties.

(b) Any such proposal shall then be considered at a meeting of the Assembly of States Parties to be convened in accordance with article 112. The proposal shall be considered adopted if approved at the meeting by a vote of two thirds of the members of the Assembly of States Parties and shall enter into force at such time as decided by the Assembly of States Parties.

(c) (i) Once a proposal for an increase in the number of judges has been adopted under subparagraph (b), the election of the additional judges shall take place at the next session of the Assembly of States Parties in accordance with paragraphs 3 to 8, and article 37, paragraph 2;

(ii) Once a proposal for an increase in the number of judges has been adopted and brought into effect under subparagraphs (b) and (c) (i), it shall be open to the Presidency at any time thereafter, if the workload of the Court justifies it, to propose a reduction in the number of judges, provided that the number of judges shall not be reduced below that specified in paragraph 1. The proposal shall be dealt with in accordance with the procedure laid down in subparagraphs (a) and (b). In the event that the proposal is adopted, the number of judges shall be progressively decreased as the terms of office of serving judges expire, until the necessary number has been reached.

3. (a) The judges shall be chosen from among persons of high moral character, impartiality and integrity who possess the qualifications required in their respective States for appointment to the highest judicial offices.

(b) Every candidate for election to the Court shall:

(i) Have established competence in criminal law and procedure, and the necessary relevant experience, whether as judge, prosecutor, advocate or in other similar capacity, in criminal proceedings; or
(ii) Have established competence in relevant areas of international law such as international humanitarian law and the law of human rights, and extensive experience in a professional legal capacity which is of relevance to the judicial work of the Court;

(c) Every candidate for election to the Court shall have an excellent knowledge of and be fluent in at least one of the working languages of the Court.

4. (a) Nominations of candidates for election to the Court may be made by any State Party to this Statute, and shall be made either:
(i) By the procedure for the nomination of candidates for appointment to the highest judicial offices in the State in question; or
(ii) By the procedure provided for the nomination of candidates for the International Court of Justice in the Statute of that Court.

Nominations shall be accompanied by a statement in the necessary detail specifying how the candidate fulfils the requirements of paragraph 3.

(b) Each State Party may put forward one candidate for any given election who need not necessarily be a national of that State Party but shall in any case be a national of a State Party.

(c) The Assembly of States Parties may decide to establish, if appropriate, an Advisory Committee on nominations. In that event, the Committee's composition and mandate shall be established by the Assembly of States Parties.

5. For the purposes of the election, there shall be two lists of candidates:
List A containing the names of candidates with the qualifications specified in paragraph 3 (b) (i); and

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.

6. (a) The judges shall be elected by secret ballot at a meeting of the Assembly of States Parties convened for that purpose under article 112. Subject to paragraph 7, the persons elected to the Court shall be the 18 candidates who obtain the highest number of votes and a two-thirds majority of the States Parties present and voting.

(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.

8. (a) The States Parties shall, in the selection of judges, take into account the need, within the membership of the Court, for:
(i) The representation of the principal legal systems of the world;
(ii) Equitable geographical representation; and

(iii) A fair representation of female and male judges.

(b) States Parties shall also take into account the need to include judges with legal expertise on specific issues, including, but not limited to, violence against women or children.

9. (a) Subject to subparagraph (b), judges shall hold office for a term of nine years and, subject to subparagraph (c) and to article 37, paragraph 2, shall not be eligible for re-election.

(b) At the first election, one third of the judges elected shall be selected by lot to serve for a term of three years; one third of the judges elected shall be selected by lot to serve for a term of six years; and the remainder shall serve for a term of nine years.

(c) A judge who is selected to serve for a term of three years under subparagraph (b) shall be eligible for re-election for a full term.

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:

(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 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.

2. (a) The judicial functions of the Court shall be carried out in each division by Chambers.

(b) (i) The Appeals Chamber shall be composed of all the judges of the Appeals Division;

(ii) The functions of the Trial Chamber shall be carried out by three judges of the Trial Division;

(iii) The functions of the Pre-Trial Chamber shall be carried out either by three judges of the Pre-Trial Division or by a single judge of that division in accordance with this Statute and the Rules of Procedure and Evidence;

(c) Nothing in this paragraph shall preclude the simultaneous constitution of more than one Trial Chamber or Pre-Trial Chamber when the efficient management of the Court's workload so requires.

3. (a) Judges assigned to the Trial and Pre-Trial Divisions shall serve in those divisions for a period of three years, and thereafter until the completion of any case the hearing of which has already commenced in the division concerned.

(b) Judges assigned to the Appeals Division shall serve in that division for their entire term of office.

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.

2. (a) A judge shall not participate in any case in which his or her impartiality might reasonably be doubted on any ground. A judge shall be disqualified from a case in accordance with this paragraph if, inter alia, that judge has 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. A judge shall also be disqualified on such other grounds as may be provided for in 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 ca

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 authorizing 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
1. 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:

(a) The crime of genocide;
(b) Crimes against humanity;

(c) War crimes;

(d) The crime of aggression.


2. The Court shall exercise jurisdiction over the crime of aggression once a provision is adopted in accordance with articles 121 and 123 defining the crime and setting out the conditions under which the Court shall exercise jurisdiction with respect to this crime. Such a provision shall be consistent with the relevant provisions of the Charter of the United Nations.

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:

(a) Killing members of the group;
(b) Causing serious bodily or mental harm to members of the group;

(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;

(d) Imposing measures intended to prevent births within the group;

(e) Forcibly transferring children of the group to another group.


Article 7
Crimes against humanity
1. 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:

(a) Murder;
(b) Extermination;

(c) Enslavement;

(d) Deportation or forcible transfer of population;

(e) Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law;

(f) Torture;

(g) Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity;

(h) Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender as defined in paragraph 3, or other grounds that are universally recognized as impermissible under international law, in connection with any act referred to in this paragraph or any crime within the jurisdiction of the Court;

(i) Enforced disappearance of persons;

(j) The crime of apartheid;

(k) Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.

2. For the purpose of paragraph 1:
(a) "Attack directed against any civilian population" means a course of conduct involving the multiple commission of acts referred to in paragraph 1 against any civilian population, pursuant to or in furtherance of a State or organizational policy to commit such attack;
(b) "Extermination" includes the intentional infliction of conditions of life, inter alia the deprivation of access to food and medicine, calculated to bring about the destruction of part of a population;

(c) "Enslavement" means the exercise of any or all of the powers attaching to the right of ownership over a person and includes the exercise of such power in the course of trafficking in persons, in particular women and children;

(d) "Deportation or forcible transfer of population" means forced displacement of the persons concerned by expulsion or other coercive acts from the area in which they are lawfully present, without grounds permitted under international law;

(e) "Torture" means the intentional infliction of severe pain or suffering, whether physical or mental, upon a person in the custody or under the control of the accused; except that torture shall not include pain or suffering arising only from, inherent in or incidental to, lawful sanctions;

(f) "Forced pregnancy" means the unlawful confinement of a woman forcibly made pregnant, with the intent of affecting the ethnic composition of any population or carrying out other grave violations of international law. This definition shall not in any way be interpreted as affecting national laws relating to pregnancy;

(g) "Persecution" means the intentional and severe deprivation of fundamental rights contrary to international law by reason of the identity of the group or collectivity;

(h) "The crime of apartheid" means inhumane acts of a character similar to those referred to in paragraph 1, committed in the context of an institutionalized regime of systematic oppression and domination by one racial group over any other racial group or groups and committed with the intention of maintaining that regime;

(i) "Enforced disappearance of persons" means the arrest, detention or abduction of persons by, or with the authorization, support or acquiescence of, a State or a political organization, followed by a refusal to acknowledge that deprivation of freedom or to give information on the fate or whereabouts of those persons, with the intention of removing them from the protection of the law for a prolonged period of time.

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:
(a) Grave breaches of the Geneva Conventions of 12 August 1949, namely, any of the following acts against persons or property protected under the provisions of the relevant Geneva Convention:
(i) Wilful killing;
(ii) Torture or inhuman treatment, including biological experiments;

(iii) Wilfully causing great suffering, or serious injury to body or health;

(iv) Extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly;

(v) Compelling a prisoner of war or other protected person to serve in the forces of a hostile Power;

(vi) Wilfully depriving a prisoner of war or other protected person of the rights of fair and regular trial;

(vii) Unlawful deportation or transfer or unlawful confinement;

(viii) Taking of hostages.


(b) Other serious violations of the laws and customs applicable in international armed conflict, within the established framework of international law, namely, any of the following acts:
(i) Intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part in hostilities;
(ii) Intentionally directing attacks against civilian objects, that is, objects which are not military objectives;

(iii) Intentionally directing attacks against personnel, installations, material, units or vehicles involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations, as long as they are entitled to the protection given to civilians or civilian objects under the international law of armed conflict;

(iv) Intentionally launching an attack in the knowledge that such attack will cause incidental loss of life or injury to civilians or damage to civilian objects or widespread, long-term and severe damage to the natural environment which would be clearly excessive in relation to the concrete and direct overall military advantage anticipated;

(v) Attacking or bombarding, by whatever means, towns, villages, dwellings or buildings which are undefended and which are not military objectives;

(vi) Killing or wounding a combatant who, having laid down his arms or having no longer means of defence, has surrendered at discretion;

(vii) Making improper use of a flag of truce, of the flag or of the military insignia and uniform of the enemy or of the United Nations, as well as of the distinctive emblems of the Geneva Conventions, resulting in death or serious personal injury;

(viii) The transfer, directly or indirectly, by the Occupying Power of parts of its own civilian population into the territory it occupies, or the deportation or transfer of all or parts of the population of the occupied territory within or outside this territory;

(ix) Intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected, provided they are not military objectives;

(x) Subjecting persons who are in the power of an adverse party to physical mutilation or to medical or scientific experiments of any kind which are neither justified by the medical, dental or hospital treatment of the person concerned nor carried out in his or her interest, and which cause death to or seriously endanger the health of such person or persons;

(xi) Killing or wounding treacherously individuals belonging to the hostile nation or army;

(xii) Declaring that no quarter will be given;

(xiii) Destroying or seizing the enemy's property unless such destruction or seizure be imperatively demanded by the necessities of war;

(xiv) Declaring abolished, suspended or inadmissible in a court of law the rights and actions of the nationals of the hostile party;

(xv) Compelling the nationals of the hostile party to take part in the operations of war directed against their own country, even if they were in the belligerent's service before the commencement of the war;

(xvi) Pillaging a town or place, even when taken by assault;

(xvii) Employing poison or poisoned weapons;

(xviii) Employing asphyxiating, poisonous or other gases, and all analogous liquids, materials or devices;

(xix) Employing bullets which expand or flatten easily in the human body, such as bullets with a hard envelope which does not entirely cover the core or is pierced with incisions;

(xx) Employing weapons, projectiles and material and methods of warfare which are of a nature to cause superfluous injury or unnecessary suffering or which are inherently indiscriminate in violation of the international law of armed conflict, provided that such weapons, projectiles and material and methods of warfare are the subject of a comprehensive prohibition and are included in an annex to this Statute, by an amendment in accordance with the relevant provisions set forth in articles 121 and 123;

(xxi) Committing outrages upon personal dignity, in particular humiliating and degrading treatment;

(xxii) Committing rape, sexual slavery, enforced prostitution, forced pregnancy, as defined in article 7, paragraph 2 (f), enforced sterilization, or any other form of sexual violence also constituting a grave breach of the Geneva Conventions;

(xxiii) Utilizing the presence of a civilian or other protected person to render certain points, areas or military forces immune from military operations;

(xxiv) Intentionally directing attacks against buildings, material, medical units and transport, and personnel using the distinctive emblems of the Geneva Conventions in conformity with international law;

(xxv) Intentionally using starvation of civilians as a method of warfare by depriving them of objects indispensable to their survival, including wilfully impeding relief supplies as provided for under the Geneva Conventions;

(xxvi) Conscripting or enlisting children under the age of fifteen years into the national armed forces or using them to participate actively in hostilities.


(c) In the case of an armed conflict not of an international character, serious violations of article 3 common to the four Geneva Conventions of 12 August 1949, namely, any of the following acts committed against persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention or any other cause:

(i) Violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;
(ii) Committing outrages upon personal dignity, in particular humiliating and degrading treatment;

(iii) Taking of hostages;

(iv) The passing of sentences and the carrying out of executions without previous judgement pronounced by a regularly constituted court, affording all judicial guarantees which are generally recognized as indispensable.


(d) Paragraph 2 (c) applies to armed conflicts not of an international character and thus does not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence or other acts of a similar nature.
(e) Other serious violations of the laws and customs applicable in armed conflicts not of an international character, within the established framework of international law, namely, any of the following acts:


(i) Intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part in hostilities;
(ii) Intentionally directing attacks against buildings, material, medical units and transport, and personnel using the distinctive emblems of the Geneva Conventions in conformity with international law;

(iii) Intentionally directing attacks against personnel, installations, material, units or vehicles involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations, as long as they are entitled to the protection given to civilians or civilian objects under the international law of armed conflict;

(iv) Intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected, provided they are not military objectives;

(v) Pillaging a town or place, even when taken by assault;

(vi) Committing rape, sexual slavery, enforced prostitution, forced pregnancy, as defined in article 7, paragraph 2 (f), enforced sterilization, and any other form of sexual violence also constituting a serious violation of article 3 common to the four Geneva Conventions;

(vii) Conscripting or enlisting children under the age of fifteen years into armed forces or groups or using them to participate actively in hostilities;

(viii) Ordering the displacement of the civilian population for reasons related to the conflict, unless the security of the civilians involved or imperative military reasons so demand;

(ix) Killing or wounding treacherously a combatant adversary;

(x) Declaring that no quarter will be given;

(xi) Subjecting persons who are in the power of another party to the conflict to physical mutilation or to medical or scientific experiments of any kind which are neither justified by the medical, dental or hospital treatment of the person concerned nor carried out in his or her interest, and which cause death to or seriously endanger the health of such person or persons;

(xii) Destroying or seizing the property of an adversary unless such destruction or seizure be imperatively demanded by the necessities of the conflict;


(f) Paragraph 2 (e) applies to armed conflicts not of an international character and thus does not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence or other acts of a similar nature. It applies to armed conflicts that take place in the territory of a State when there is protracted armed conflict between governmental authorities and organized armed groups or between such groups.
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 9
Elements of Crimes

1. Elements of Crimes shall assist the Court in the interpretation and application of articles 6, 7 and 8. 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:

(a) Any State Party;
(b) The judges acting by an absolute majority;

(c) The Prosecutor.

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:
(a) The State on the territory of which the conduct in question occurred or, if the crime was committed on board a vessel or aircraft, the State of registration of that vessel or aircraft;
(b) The State of which the person accused of the crime is a national.

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:
(a) A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by a State Party in accordance with article 14;
(b) A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by the Security Council acting under Chapter VII of the Charter of the United Nations; or

(c) The Prosecutor has initiated an investigation in respect of such a crime in accordance with article 15.


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 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:
(a) The case is being investigated or prosecuted by a State which has jurisdiction over it, unless the State is unwilling or unable genuinely to carry out the investigation or prosecution;
(b) The case has been investigated by a State which has jurisdiction over it and the State has decided not to prosecute the person concerned, unless the decision resulted from the unwillingness or inability of the State genuinely to prosecute;

(c) The person concerned has already been tried for conduct which is the subject of the complaint, and a trial by the Court is not permitted under article 20, paragraph 3;

(d) The case is not of sufficient gravity to justify further action by the Court.

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:
(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;
(b) There has been an unjustified delay in the proceedings which in the circumstances is inconsistent with an intent to bring the person concerned to justice;

(c) The proceedings were not or are not being conducted independently or impartially, and they were or are being conducted in a manner which, in the circumstances, is inconsistent with an intent to bring the person concerned to justice.

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:
(a) An accused or a person for whom a warrant of arrest or a summons to appear has been issued under article 58;
(b) A State which has jurisdiction over a case, on the ground that it is investigating or prosecuting the case or has investigated or prosecuted; or

(c) A State from which acceptance of jurisdiction is required under article 12.

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:
(a) To pursue necessary investigative steps of the kind referred to in article 18, paragraph 6;
(b) To take a statement or testimony from a witness or complete the collection and examination of evidence which had begun prior to the making of the challenge; and

(c) In cooperation with the relevant States, to prevent the absconding of persons in respect of whom the Prosecutor has already requested a warrant of arrest under article 58.

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 or 8 shall be tried by the Court with respect to the same conduct unless the proceedings in the other court:

(a) Were for the purpose of shielding the person concerned from criminal responsibility for crimes within the jurisdiction of the Court; or
(b) Otherwise were not conducted independently or impartially in accordance with the norms of due process recognized by international law and were conducted in a manner which, in the circumstances, was inconsistent with an intent to bring the person concerned to justice.


Article 21
Applicable law

1. The Court shall apply:
(a) In the first place, this Statute, Elements of Crimes and its Rules of Procedure and Evidence;
(b) In the second place, where appropriate, applicable treaties and the principles and rules of international law, including the established principles of the international law of armed conflict;

(c) Failing that, general principles of law derived by the Court from national laws of legal systems of the world including, as appropriate, the national laws of States that would normally exercise jurisdiction over the crime, provided that those principles are not inconsistent with this Statute and with international law and internationally recognized norms and standards.

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:

(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;
(b) Orders, solicits or induces the commission of such a crime which in fact occurs or is attempted;

(c) For the purpose of facilitating the commission of such a crime, aids, abets or otherwise assists in its commission or its attempted commission, including providing the means for its commission;

(d) In any other way contributes to the commission or attempted commission of such a crime by a group of persons acting with a common purpose. Such contribution shall be intentional and shall either:

(i) Be made with the aim of furthering the criminal activity or criminal purpose of the group, where such activity or purpose involves the commission of a crime within the jurisdiction of the Court; or
(ii) Be made in the knowledge of the intention of the group to commit the crime;


(e) In respect of the crime of genocide, directly and publicly incites others to commit genocide;
(f) Attempts to commit such a crime by taking action that commences its execution by means of a substantial step, but the crime does not occur because of circumstances independent of the person's intentions. However, a person who abandons the effort to commit the crime or otherwise prevents the completion of the crime shall not be liable for punishment under this Statute for the attempt to commit that crime if that person completely and voluntarily gave up the criminal purpose.

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:

(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:

(i) That military commander or person either knew or, owing to the circumstances at the time, should have known that the forces were committing or about to commit such crimes; and
(ii) That military commander or person failed to take all necessary and reasonable measures within his or her power to prevent or repress their commission or to submit the matter to the competent authorities for investigation and prosecution.


(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:

(i) The superior either knew, or consciously disregarded information which clearly indicated, that the subordinates were committing or about to commit such crimes;
(ii) The crimes concerned activities that were within the effective responsibility and control of the superior; and

(iii) The superior failed to take all necessary and reasonable measures within his or her power to prevent or repress their commission or to submit the matter to the competent authorities for investigation and prosecution.


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:

(a) In relation to conduct, that person means to engage in the conduct;
(b) In relation to a consequence, that person means to cause that consequence or is aware that it will occur in the ordinary course of events.

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:

(a) The person suffers from a mental disease or defect 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;
(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:

(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

(c) The order was not manifestly unlawful.

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:

(a) The Presidency;
(b) An Appeals Division, a Trial Division and a Pre-Trial Division;

(c) The Office of the Prosecutor;

(d) The Registry.


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.

2. (a) The Presidency, acting on behalf of the Court, may propose an increase in the number of judges specified in paragraph 1, indicating the reasons why this is considered necessary and appropriate. The Registrar shall promptly circulate any such proposal to all States Parties.

(b) Any such proposal shall then be considered at a meeting of the Assembly of States Parties to be convened in accordance with article 112. The proposal shall be considered adopted if approved at the meeting by a vote of two thirds of the members of the Assembly of States Parties and shall enter into force at such time as decided by the Assembly of States Parties.

(c) (i) Once a proposal for an increase in the number of judges has been adopted under subparagraph (b), the election of the additional judges shall take place at the next session of the Assembly of States Parties in accordance with paragraphs 3 to 8, and article 37, paragraph 2;

(ii) Once a proposal for an increase in the number of judges has been adopted and brought into effect under subparagraphs (b) and (c) (i), it shall be open to the Presidency at any time thereafter, if the workload of the Court justifies it, to propose a reduction in the number of judges, provided that the number of judges shall not be reduced below that specified in paragraph 1. The proposal shall be dealt with in accordance with the procedure laid down in subparagraphs (a) and (b). In the event that the proposal is adopted, the number of judges shall be progressively decreased as the terms of office of serving judges expire, until the necessary number has been reached.

3. (a) The judges shall be chosen from among persons of high moral character, impartiality and integrity who possess the qualifications required in their respective States for appointment to the highest judicial offices.

(b) Every candidate for election to the Court shall:

(i) Have established competence in criminal law and procedure, and the necessary relevant experience, whether as judge, prosecutor, advocate or in other similar capacity, in criminal proceedings; or
(ii) Have established competence in relevant areas of international law such as international humanitarian law and the law of human rights, and extensive experience in a professional legal capacity which is of relevance to the judicial work of the Court;

(c) Every candidate for election to the Court shall have an excellent knowledge of and be fluent in at least one of the working languages of the Court.

4. (a) Nominations of candidates for election to the Court may be made by any State Party to this Statute, and shall be made either:
(i) By the procedure for the nomination of candidates for appointment to the highest judicial offices in the State in question; or
(ii) By the procedure provided for the nomination of candidates for the International Court of Justice in the Statute of that Court.

Nominations shall be accompanied by a statement in the necessary detail specifying how the candidate fulfils the requirements of paragraph 3.

(b) Each State Party may put forward one candidate for any given election who need not necessarily be a national of that State Party but shall in any case be a national of a State Party.

(c) The Assembly of States Parties may decide to establish, if appropriate, an Advisory Committee on nominations. In that event, the Committee's composition and mandate shall be established by the Assembly of States Parties.

5. For the purposes of the election, there shall be two lists of candidates:
List A containing the names of candidates with the qualifications specified in paragraph 3 (b) (i); and

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.

6. (a) The judges shall be elected by secret ballot at a meeting of the Assembly of States Parties convened for that purpose under article 112. Subject to paragraph 7, the persons elected to the Court shall be the 18 candidates who obtain the highest number of votes and a two-thirds majority of the States Parties present and voting.

(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.

8. (a) The States Parties shall, in the selection of judges, take into account the need, within the membership of the Court, for:
(i) The representation of the principal legal systems of the world;
(ii) Equitable geographical representation; and

(iii) A fair representation of female and male judges.

(b) States Parties shall also take into account the need to include judges with legal expertise on specific issues, including, but not limited to, violence against women or children.

9. (a) Subject to subparagraph (b), judges shall hold office for a term of nine years and, subject to subparagraph (c) and to article 37, paragraph 2, shall not be eligible for re-election.

(b) At the first election, one third of the judges elected shall be selected by lot to serve for a term of three years; one third of the judges elected shall be selected by lot to serve for a term of six years; and the remainder shall serve for a term of nine years.

(c) A judge who is selected to serve for a term of three years under subparagraph (b) shall be eligible for re-election for a full term.

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:

(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 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.

2. (a) The judicial functions of the Court shall be carried out in each division by Chambers.

(b) (i) The Appeals Chamber shall be composed of all the judges of the Appeals Division;

(ii) The functions of the Trial Chamber shall be carried out by three judges of the Trial Division;

(iii) The functions of the Pre-Trial Chamber shall be carried out either by three judges of the Pre-Trial Division or by a single judge of that division in accordance with this Statute and the Rules of Procedure and Evidence;

(c) Nothing in this paragraph shall preclude the simultaneous constitution of more than one Trial Chamber or Pre-Trial Chamber when the efficient management of the Court's workload so requires.

3. (a) Judges assigned to the Trial and Pre-Trial Divisions shall serve in those divisions for a period of three years, and thereafter until the completion of any case the hearing of which has already commenced in the division concerned.

(b) Judges assigned to the Appeals Division shall serve in that division for their entire term of office.

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.

2. (a) A judge shall not participate in any case in which his or her impartiality might reasonably be doubted on any ground. A judge shall be disqualified from a case in accordance with this paragraph if, inter alia, that judge has 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. A judge shall also be disqualified on such other grounds as may be provided for in 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 ca
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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 authorizing 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
1. 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:

(a) The crime of genocide;
(b) Crimes against humanity;

(c) War crimes;

(d) The crime of aggression.


2. The Court shall exercise jurisdiction over the crime of aggression once a provision is adopted in accordance with articles 121 and 123 defining the crime and setting out the conditions under which the Court shall exercise jurisdiction with respect to this crime. Such a provision shall be consistent with the relevant provisions of the Charter of the United Nations.

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:

(a) Killing members of the group;
(b) Causing serious bodily or mental harm to members of the group;

(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;

(d) Imposing measures intended to prevent births within the group;

(e) Forcibly transferring children of the group to another group.


Article 7
Crimes against humanity
1. 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:

(a) Murder;
(b) Extermination;

(c) Enslavement;

(d) Deportation or forcible transfer of population;

(e) Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law;

(f) Torture;

(g) Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity;

(h) Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender as defined in paragraph 3, or other grounds that are universally recognized as impermissible under international law, in connection with any act referred to in this paragraph or any crime within the jurisdiction of the Court;

(i) Enforced disappearance of persons;

(j) The crime of apartheid;

(k) Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.

2. For the purpose of paragraph 1:
(a) "Attack directed against any civilian population" means a course of conduct involving the multiple commission of acts referred to in paragraph 1 against any civilian population, pursuant to or in furtherance of a State or organizational policy to commit such attack;
(b) "Extermination" includes the intentional infliction of conditions of life, inter alia the deprivation of access to food and medicine, calculated to bring about the destruction of part of a population;

(c) "Enslavement" means the exercise of any or all of the powers attaching to the right of ownership over a person and includes the exercise of such power in the course of trafficking in persons, in particular women and children;

(d) "Deportation or forcible transfer of population" means forced displacement of the persons concerned by expulsion or other coercive acts from the area in which they are lawfully present, without grounds permitted under international law;

(e) "Torture" means the intentional infliction of severe pain or suffering, whether physical or mental, upon a person in the custody or under the control of the accused; except that torture shall not include pain or suffering arising only from, inherent in or incidental to, lawful sanctions;

(f) "Forced pregnancy" means the unlawful confinement of a woman forcibly made pregnant, with the intent of affecting the ethnic composition of any population or carrying out other grave violations of international law. This definition shall not in any way be interpreted as affecting national laws relating to pregnancy;

(g) "Persecution" means the intentional and severe deprivation of fundamental rights contrary to international law by reason of the identity of the group or collectivity;

(h) "The crime of apartheid" means inhumane acts of a character similar to those referred to in paragraph 1, committed in the context of an institutionalized regime of systematic oppression and domination by one racial group over any other racial group or groups and committed with the intention of maintaining that regime;

(i) "Enforced disappearance of persons" means the arrest, detention or abduction of persons by, or with the authorization, support or acquiescence of, a State or a political organization, followed by a refusal to acknowledge that deprivation of freedom or to give information on the fate or whereabouts of those persons, with the intention of removing them from the protection of the law for a prolonged period of time.

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:
(a) Grave breaches of the Geneva Conventions of 12 August 1949, namely, any of the following acts against persons or property protected under the provisions of the relevant Geneva Convention:
(i) Wilful killing;
(ii) Torture or inhuman treatment, including biological experiments;

(iii) Wilfully causing great suffering, or serious injury to body or health;

(iv) Extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly;

(v) Compelling a prisoner of war or other protected person to serve in the forces of a hostile Power;

(vi) Wilfully depriving a prisoner of war or other protected person of the rights of fair and regular trial;

(vii) Unlawful deportation or transfer or unlawful confinement;

(viii) Taking of hostages.


(b) Other serious violations of the laws and customs applicable in international armed conflict, within the established framework of international law, namely, any of the following acts:
(i) Intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part in hostilities;
(ii) Intentionally directing attacks against civilian objects, that is, objects which are not military objectives;

(iii) Intentionally directing attacks against personnel, installations, material, units or vehicles involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations, as long as they are entitled to the protection given to civilians or civilian objects under the international law of armed conflict;

(iv) Intentionally launching an attack in the knowledge that such attack will cause incidental loss of life or injury to civilians or damage to civilian objects or widespread, long-term and severe damage to the natural environment which would be clearly excessive in relation to the concrete and direct overall military advantage anticipated;

(v) Attacking or bombarding, by whatever means, towns, villages, dwellings or buildings which are undefended and which are not military objectives;

(vi) Killing or wounding a combatant who, having laid down his arms or having no longer means of defence, has surrendered at discretion;

(vii) Making improper use of a flag of truce, of the flag or of the military insignia and uniform of the enemy or of the United Nations, as well as of the distinctive emblems of the Geneva Conventions, resulting in death or serious personal injury;

(viii) The transfer, directly or indirectly, by the Occupying Power of parts of its own civilian population into the territory it occupies, or the deportation or transfer of all or parts of the population of the occupied territory within or outside this territory;

(ix) Intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected, provided they are not military objectives;

(x) Subjecting persons who are in the power of an adverse party to physical mutilation or to medical or scientific experiments of any kind which are neither justified by the medical, dental or hospital treatment of the person concerned nor carried out in his or her interest, and which cause death to or seriously endanger the health of such person or persons;

(xi) Killing or wounding treacherously individuals belonging to the hostile nation or army;

(xii) Declaring that no quarter will be given;

(xiii) Destroying or seizing the enemy's property unless such destruction or seizure be imperatively demanded by the necessities of war;

(xiv) Declaring abolished, suspended or inadmissible in a court of law the rights and actions of the nationals of the hostile party;

(xv) Compelling the nationals of the hostile party to take part in the operations of war directed against their own country, even if they were in the belligerent's service before the commencement of the war;

(xvi) Pillaging a town or place, even when taken by assault;

(xvii) Employing poison or poisoned weapons;

(xviii) Employing asphyxiating, poisonous or other gases, and all analogous liquids, materials or devices;

(xix) Employing bullets which expand or flatten easily in the human body, such as bullets with a hard envelope which does not entirely cover the core or is pierced with incisions;

(xx) Employing weapons, projectiles and material and methods of warfare which are of a nature to cause superfluous injury or unnecessary suffering or which are inherently indiscriminate in violation of the international law of armed conflict, provided that such weapons, projectiles and material and methods of warfare are the subject of a comprehensive prohibition and are included in an annex to this Statute, by an amendment in accordance with the relevant provisions set forth in articles 121 and 123;

(xxi) Committing outrages upon personal dignity, in particular humiliating and degrading treatment;

(xxii) Committing rape, sexual slavery, enforced prostitution, forced pregnancy, as defined in article 7, paragraph 2 (f), enforced sterilization, or any other form of sexual violence also constituting a grave breach of the Geneva Conventions;

(xxiii) Utilizing the presence of a civilian or other protected person to render certain points, areas or military forces immune from military operations;

(xxiv) Intentionally directing attacks against buildings, material, medical units and transport, and personnel using the distinctive emblems of the Geneva Conventions in conformity with international law;

(xxv) Intentionally using starvation of civilians as a method of warfare by depriving them of objects indispensable to their survival, including wilfully impeding relief supplies as provided for under the Geneva Conventions;

(xxvi) Conscripting or enlisting children under the age of fifteen years into the national armed forces or using them to participate actively in hostilities.


(c) In the case of an armed conflict not of an international character, serious violations of article 3 common to the four Geneva Conventions of 12 August 1949, namely, any of the following acts committed against persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention or any other cause:

(i) Violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;
(ii) Committing outrages upon personal dignity, in particular humiliating and degrading treatment;

(iii) Taking of hostages;

(iv) The passing of sentences and the carrying out of executions without previous judgement pronounced by a regularly constituted court, affording all judicial guarantees which are generally recognized as indispensable.


(d) Paragraph 2 (c) applies to armed conflicts not of an international character and thus does not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence or other acts of a similar nature.
(e) Other serious violations of the laws and customs applicable in armed conflicts not of an international character, within the established framework of international law, namely, any of the following acts:


(i) Intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part in hostilities;
(ii) Intentionally directing attacks against buildings, material, medical units and transport, and personnel using the distinctive emblems of the Geneva Conventions in conformity with international law;

(iii) Intentionally directing attacks against personnel, installations, material, units or vehicles involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations, as long as they are entitled to the protection given to civilians or civilian objects under the international law of armed conflict;

(iv) Intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected, provided they are not military objectives;

(v) Pillaging a town or place, even when taken by assault;

(vi) Committing rape, sexual slavery, enforced prostitution, forced pregnancy, as defined in article 7, paragraph 2 (f), enforced sterilization, and any other form of sexual violence also constituting a serious violation of article 3 common to the four Geneva Conventions;

(vii) Conscripting or enlisting children under the age of fifteen years into armed forces or groups or using them to participate actively in hostilities;

(viii) Ordering the displacement of the civilian population for reasons related to the conflict, unless the security of the civilians involved or imperative military reasons so demand;

(ix) Killing or wounding treacherously a combatant adversary;

(x) Declaring that no quarter will be given;

(xi) Subjecting persons who are in the power of another party to the conflict to physical mutilation or to medical or scientific experiments of any kind which are neither justified by the medical, dental or hospital treatment of the person concerned nor carried out in his or her interest, and which cause death to or seriously endanger the health of such person or persons;

(xii) Destroying or seizing the property of an adversary unless such destruction or seizure be imperatively demanded by the necessities of the conflict;


(f) Paragraph 2 (e) applies to armed conflicts not of an international character and thus does not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence or other acts of a similar nature. It applies to armed conflicts that take place in the territory of a State when there is protracted armed conflict between governmental authorities and organized armed groups or between such groups.
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 9
Elements of Crimes

1. Elements of Crimes shall assist the Court in the interpretation and application of articles 6, 7 and 8. 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:

(a) Any State Party;
(b) The judges acting by an absolute majority;

(c) The Prosecutor.

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:
(a) The State on the territory of which the conduct in question occurred or, if the crime was committed on board a vessel or aircraft, the State of registration of that vessel or aircraft;
(b) The State of which the person accused of the crime is a national.

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:
(a) A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by a State Party in accordance with article 14;
(b) A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by the Security Council acting under Chapter VII of the Charter of the United Nations; or

(c) The Prosecutor has initiated an investigation in respect of such a crime in accordance with article 15.


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 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:
(a) The case is being investigated or prosecuted by a State which has jurisdiction over it, unless the State is unwilling or unable genuinely to carry out the investigation or prosecution;
(b) The case has been investigated by a State which has jurisdiction over it and the State has decided not to prosecute the person concerned, unless the decision resulted from the unwillingness or inability of the State genuinely to prosecute;

(c) The person concerned has already been tried for conduct which is the subject of the complaint, and a trial by the Court is not permitted under article 20, paragraph 3;

(d) The case is not of sufficient gravity to justify further action by the Court.

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:
(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;
(b) There has been an unjustified delay in the proceedings which in the circumstances is inconsistent with an intent to bring the person concerned to justice;

(c) The proceedings were not or are not being conducted independently or impartially, and they were or are being conducted in a manner which, in the circumstances, is inconsistent with an intent to bring the person concerned to justice.

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:
(a) An accused or a person for whom a warrant of arrest or a summons to appear has been issued under article 58;
(b) A State which has jurisdiction over a case, on the ground that it is investigating or prosecuting the case or has investigated or prosecuted; or

(c) A State from which acceptance of jurisdiction is required under article 12.

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:
(a) To pursue necessary investigative steps of the kind referred to in article 18, paragraph 6;
(b) To take a statement or testimony from a witness or complete the collection and examination of evidence which had begun prior to the making of the challenge; and

(c) In cooperation with the relevant States, to prevent the absconding of persons in respect of whom the Prosecutor has already requested a warrant of arrest under article 58.

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 or 8 shall be tried by the Court with respect to the same conduct unless the proceedings in the other court:

(a) Were for the purpose of shielding the person concerned from criminal responsibility for crimes within the jurisdiction of the Court; or
(b) Otherwise were not conducted independently or impartially in accordance with the norms of due process recognized by international law and were conducted in a manner which, in the circumstances, was inconsistent with an intent to bring the person concerned to justice.


Article 21
Applicable law

1. The Court shall apply:
(a) In the first place, this Statute, Elements of Crimes and its Rules of Procedure and Evidence;
(b) In the second place, where appropriate, applicable treaties and the principles and rules of international law, including the established principles of the international law of armed conflict;

(c) Failing that, general principles of law derived by the Court from national laws of legal systems of the world including, as appropriate, the national laws of States that would normally exercise jurisdiction over the crime, provided that those principles are not inconsistent with this Statute and with international law and internationally recognized norms and standards.

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:

(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;
(b) Orders, solicits or induces the commission of such a crime which in fact occurs or is attempted;

(c) For the purpose of facilitating the commission of such a crime, aids, abets or otherwise assists in its commission or its attempted commission, including providing the means for its commission;

(d) In any other way contributes to the commission or attempted commission of such a crime by a group of persons acting with a common purpose. Such contribution shall be intentional and shall either:

(i) Be made with the aim of furthering the criminal activity or criminal purpose of the group, where such activity or purpose involves the commission of a crime within the jurisdiction of the Court; or
(ii) Be made in the knowledge of the intention of the group to commit the crime;


(e) In respect of the crime of genocide, directly and publicly incites others to commit genocide;
(f) Attempts to commit such a crime by taking action that commences its execution by means of a substantial step, but the crime does not occur because of circumstances independent of the person's intentions. However, a person who abandons the effort to commit the crime or otherwise prevents the completion of the crime shall not be liable for punishment under this Statute for the attempt to commit that crime if that person completely and voluntarily gave up the criminal purpose.

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:

(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:

(i) That military commander or person either knew or, owing to the circumstances at the time, should have known that the forces were committing or about to commit such crimes; and
(ii) That military commander or person failed to take all necessary and reasonable measures within his or her power to prevent or repress their commission or to submit the matter to the competent authorities for investigation and prosecution.


(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:

(i) The superior either knew, or consciously disregarded information which clearly indicated, that the subordinates were committing or about to commit such crimes;
(ii) The crimes concerned activities that were within the effective responsibility and control of the superior; and

(iii) The superior failed to take all necessary and reasonable measures within his or her power to prevent or repress their commission or to submit the matter to the competent authorities for investigation and prosecution.


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:

(a) In relation to conduct, that person means to engage in the conduct;
(b) In relation to a consequence, that person means to cause that consequence or is aware that it will occur in the ordinary course of events.

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:

(a) The person suffers from a mental disease or defect 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;
(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:

(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

(c) The order was not manifestly unlawful.

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:

(a) The Presidency;
(b) An Appeals Division, a Trial Division and a Pre-Trial Division;

(c) The Office of the Prosecutor;

(d) The Registry.


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.

2. (a) The Presidency, acting on behalf of the Court, may propose an increase in the number of judges specified in paragraph 1, indicating the reasons why this is considered necessary and appropriate. The Registrar shall promptly circulate any such proposal to all States Parties.

(b) Any such proposal shall then be considered at a meeting of the Assembly of States Parties to be convened in accordance with article 112. The proposal shall be considered adopted if approved at the meeting by a vote of two thirds of the members of the Assembly of States Parties and shall enter into force at such time as decided by the Assembly of States Parties.

(c) (i) Once a proposal for an increase in the number of judges has been adopted under subparagraph (b), the election of the additional judges shall take place at the next session of the Assembly of States Parties in accordance with paragraphs 3 to 8, and article 37, paragraph 2;

(ii) Once a proposal for an increase in the number of judges has been adopted and brought into effect under subparagraphs (b) and (c) (i), it shall be open to the Presidency at any time thereafter, if the workload of the Court justifies it, to propose a reduction in the number of judges, provided that the number of judges shall not be reduced below that specified in paragraph 1. The proposal shall be dealt with in accordance with the procedure laid down in subparagraphs (a) and (b). In the event that the proposal is adopted, the number of judges shall be progressively decreased as the terms of office of serving judges expire, until the necessary number has been reached.

3. (a) The judges shall be chosen from among persons of high moral character, impartiality and integrity who possess the qualifications required in their respective States for appointment to the highest judicial offices.

(b) Every candidate for election to the Court shall:

(i) Have established competence in criminal law and procedure, and the necessary relevant experience, whether as judge, prosecutor, advocate or in other similar capacity, in criminal proceedings; or
(ii) Have established competence in relevant areas of international law such as international humanitarian law and the law of human rights, and extensive experience in a professional legal capacity which is of relevance to the judicial work of the Court;

(c) Every candidate for election to the Court shall have an excellent knowledge of and be fluent in at least one of the working languages of the Court.

4. (a) Nominations of candidates for election to the Court may be made by any State Party to this Statute, and shall be made either:
(i) By the procedure for the nomination of candidates for appointment to the highest judicial offices in the State in question; or
(ii) By the procedure provided for the nomination of candidates for the International Court of Justice in the Statute of that Court.

Nominations shall be accompanied by a statement in the necessary detail specifying how the candidate fulfils the requirements of paragraph 3.

(b) Each State Party may put forward one candidate for any given election who need not necessarily be a national of that State Party but shall in any case be a national of a State Party.

(c) The Assembly of States Parties may decide to establish, if appropriate, an Advisory Committee on nominations. In that event, the Committee's composition and mandate shall be established by the Assembly of States Parties.

5. For the purposes of the election, there shall be two lists of candidates:
List A containing the names of candidates with the qualifications specified in paragraph 3 (b) (i); and

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.

6. (a) The judges shall be elected by secret ballot at a meeting of the Assembly of States Parties convened for that purpose under article 112. Subject to paragraph 7, the persons elected to the Court shall be the 18 candidates who obtain the highest number of votes and a two-thirds majority of the States Parties present and voting.

(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.

8. (a) The States Parties shall, in the selection of judges, take into account the need, within the membership of the Court, for:
(i) The representation of the principal legal systems of the world;
(ii) Equitable geographical representation; and

(iii) A fair representation of female and male judges.

(b) States Parties shall also take into account the need to include judges with legal expertise on specific issues, including, but not limited to, violence against women or children.

9. (a) Subject to subparagraph (b), judges shall hold office for a term of nine years and, subject to subparagraph (c) and to article 37, paragraph 2, shall not be eligible for re-election.

(b) At the first election, one third of the judges elected shall be selected by lot to serve for a term of three years; one third of the judges elected shall be selected by lot to serve for a term of six years; and the remainder shall serve for a term of nine years.

(c) A judge who is selected to serve for a term of three years under subparagraph (b) shall be eligible for re-election for a full term.

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:

(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 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.

2. (a) The judicial functions of the Court shall be carried out in each division by Chambers.

(b) (i) The Appeals Chamber shall be composed of all the judges of the Appeals Division;

(ii) The functions of the Trial Chamber shall be carried out by three judges of the Trial Division;

(iii) The functions of the Pre-Trial Chamber shall be carried out either by three judges of the Pre-Trial Division or by a single judge of that division in accordance with this Statute and the Rules of Procedure and Evidence;

(c) Nothing in this paragraph shall preclude the simultaneous constitution of more than one Trial Chamber or Pre-Trial Chamber when the efficient management of the Court's workload so requires.

3. (a) Judges assigned to the Trial and Pre-Trial Divisions shall serve in those divisions for a period of three years, and thereafter until the completion of any case the hearing of which has already commenced in the division concerned.

(b) Judges assigned to the Appeals Division shall serve in that division for their entire term of office.

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.

2. (a) A judge shall not participate in any case in which his or her impartiality might reasonably be doubted on any ground. A judge shall be disqualified from a case in accordance with this paragraph if, inter alia, that judge has 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. A judge shall also be disqualified on such other grounds as may be provided for in 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 ca
- eichiefs9

TLDR

Mostly nonsense.

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 authorizing 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
1. 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:

(a) The crime of genocide;
(b) Crimes against humanity;

(c) War crimes;

(d) The crime of aggression.


2. The Court shall exercise jurisdiction over the crime of aggression once a provision is adopted in accordance with articles 121 and 123 defining the crime and setting out the conditions under which the Court shall exercise jurisdiction with respect to this crime. Such a provision shall be consistent with the relevant provisions of the Charter of the United Nations.

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:

(a) Killing members of the group;
(b) Causing serious bodily or mental harm to members of the group;

(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;

(d) Imposing measures intended to prevent births within the group;

(e) Forcibly transferring children of the group to another group.


Article 7
Crimes against humanity
1. 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:

(a) Murder;
(b) Extermination;

(c) Enslavement;

(d) Deportation or forcible transfer of population;

(e) Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law;

(f) Torture;

(g) Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity;

(h) Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender as defined in paragraph 3, or other grounds that are universally recognized as impermissible under international law, in connection with any act referred to in this paragraph or any crime within the jurisdiction of the Court;

(i) Enforced disappearance of persons;

(j) The crime of apartheid;

(k) Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.

2. For the purpose of paragraph 1:
(a) "Attack directed against any civilian population" means a course of conduct involving the multiple commission of acts referred to in paragraph 1 against any civilian population, pursuant to or in furtherance of a State or organizational policy to commit such attack;
(b) "Extermination" includes the intentional infliction of conditions of life, inter alia the deprivation of access to food and medicine, calculated to bring about the destruction of part of a population;

(c) "Enslavement" means the exercise of any or all of the powers attaching to the right of ownership over a person and includes the exercise of such power in the course of trafficking in persons, in particular women and children;

(d) "Deportation or forcible transfer of population" means forced displacement of the persons concerned by expulsion or other coercive acts from the area in which they are lawfully present, without grounds permitted under international law;

(e) "Torture" means the intentional infliction of severe pain or suffering, whether physical or mental, upon a person in the custody or under the control of the accused; except that torture shall not include pain or suffering arising only from, inherent in or incidental to, lawful sanctions;

(f) "Forced pregnancy" means the unlawful confinement of a woman forcibly made pregnant, with the intent of affecting the ethnic composition of any population or carrying out other grave violations of international law. This definition shall not in any way be interpreted as affecting national laws relating to pregnancy;

(g) "Persecution" means the intentional and severe deprivation of fundamental rights contrary to international law by reason of the identity of the group or collectivity;

(h) "The crime of apartheid" means inhumane acts of a character similar to those referred to in paragraph 1, committed in the context of an institutionalized regime of systematic oppression and domination by one racial group over any other racial group or groups and committed with the intention of maintaining that regime;

(i) "Enforced disappearance of persons" means the arrest, detention or abduction of persons by, or with the authorization, support or acquiescence of, a State or a political organization, followed by a refusal to acknowledge that deprivation of freedom or to give information on the fate or whereabouts of those persons, with the intention of removing them from the protection of the law for a prolonged period of time.

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:
(a) Grave breaches of the Geneva Conventions of 12 August 1949, namely, any of the following acts against persons or property protected under the provisions of the relevant Geneva Convention:
(i) Wilful killing;
(ii) Torture or inhuman treatment, including biological experiments;

(iii) Wilfully causing great suffering, or serious injury to body or health;

(iv) Extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly;

(v) Compelling a prisoner of war or other protected person to serve in the forces of a hostile Power;

(vi) Wilfully depriving a prisoner of war or other protected person of the rights of fair and regular trial;

(vii) Unlawful deportation or transfer or unlawful confinement;

(viii) Taking of hostages.


(b) Other serious violations of the laws and customs applicable in international armed conflict, within the established framework of international law, namely, any of the following acts:
(i) Intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part in hostilities;
(ii) Intentionally directing attacks against civilian objects, that is, objects which are not military objectives;

(iii) Intentionally directing attacks against personnel, installations, material, units or vehicles involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations, as long as they are entitled to the protection given to civilians or civilian objects under the international law of armed conflict;

(iv) Intentionally launching an attack in the knowledge that such attack will cause incidental loss of life or injury to civilians or damage to civilian objects or widespread, long-term and severe damage to the natural environment which would be clearly excessive in relation to the concrete and direct overall military advantage anticipated;

(v) Attacking or bombarding, by whatever means, towns, villages, dwellings or buildings which are undefended and which are not military objectives;

(vi) Killing or wounding a combatant who, having laid down his arms or having no longer means of defence, has surrendered at discretion;

(vii) Making improper use of a flag of truce, of the flag or of the military insignia and uniform of the enemy or of the United Nations, as well as of the distinctive emblems of the Geneva Conventions, resulting in death or serious personal injury;

(viii) The transfer, directly or indirectly, by the Occupying Power of parts of its own civilian population into the territory it occupies, or the deportation or transfer of all or parts of the population of the occupied territory within or outside this territory;

(ix) Intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected, provided they are not military objectives;

(x) Subjecting persons who are in the power of an adverse party to physical mutilation or to medical or scientific experiments of any kind which are neither justified by the medical, dental or hospital treatment of the person concerned nor carried out in his or her interest, and which cause death to or seriously endanger the health of such person or persons;

(xi) Killing or wounding treacherously individuals belonging to the hostile nation or army;

(xii) Declaring that no quarter will be given;

(xiii) Destroying or seizing the enemy's property unless such destruction or seizure be imperatively demanded by the necessities of war;

(xiv) Declaring abolished, suspended or inadmissible in a court of law the rights and actions of the nationals of the hostile party;

(xv) Compelling the nationals of the hostile party to take part in the operations of war directed against their own country, even if they were in the belligerent's service before the commencement of the war;

(xvi) Pillaging a town or place, even when taken by assault;

(xvii) Employing poison or poisoned weapons;

(xviii) Employing asphyxiating, poisonous or other gases, and all analogous liquids, materials or devices;

(xix) Employing bullets which expand or flatten easily in the human body, such as bullets with a hard envelope which does not entirely cover the core or is pierced with incisions;

(xx) Employing weapons, projectiles and material and methods of warfare which are of a nature to cause superfluous injury or unnecessary suffering or which are inherently indiscriminate in violation of the international law of armed conflict, provided that such weapons, projectiles and material and methods of warfare are the subject of a comprehensive prohibition and are included in an annex to this Statute, by an amendment in accordance with the relevant provisions set forth in articles 121 and 123;

(xxi) Committing outrages upon personal dignity, in particular humiliating and degrading treatment;

(xxii) Committing rape, sexual slavery, enforced prostitution, forced pregnancy, as defined in article 7, paragraph 2 (f), enforced sterilization, or any other form of sexual violence also constituting a grave breach of the Geneva Conventions;

(xxiii) Utilizing the presence of a civilian or other protected person to render certain points, areas or military forces immune from military operations;

(xxiv) Intentionally directing attacks against buildings, material, medical units and transport, and personnel using the distinctive emblems of the Geneva Conventions in conformity with international law;

(xxv) Intentionally using starvation of civilians as a method of warfare by depriving them of objects indispensable to their survival, including wilfully impeding relief supplies as provided for under the Geneva Conventions;

(xxvi) Conscripting or enlisting children under the age of fifteen years into the national armed forces or using them to participate actively in hostilities.


(c) In the case of an armed conflict not of an international character, serious violations of article 3 common to the four Geneva Conventions of 12 August 1949, namely, any of the following acts committed against persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention or any other cause:

(i) Violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;
(ii) Committing outrages upon personal dignity, in particular humiliating and degrading treatment;

(iii) Taking of hostages;

(iv) The passing of sentences and the carrying out of executions without previous judgement pronounced by a regularly constituted court, affording all judicial guarantees which are generally recognized as indispensable.


(d) Paragraph 2 (c) applies to armed conflicts not of an international character and thus does not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence or other acts of a similar nature.
(e) Other serious violations of the laws and customs applicable in armed conflicts not of an international character, within the established framework of international law, namely, any of the following acts:


(i) Intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part in hostilities;
(ii) Intentionally directing attacks against buildings, material, medical units and transport, and personnel using the distinctive emblems of the Geneva Conventions in conformity with international law;

(iii) Intentionally directing attacks against personnel, installations, material, units or vehicles involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations, as long as they are entitled to the protection given to civilians or civilian objects under the international law of armed conflict;

(iv) Intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected, provided they are not military objectives;

(v) Pillaging a town or place, even when taken by assault;

(vi) Committing rape, sexual slavery, enforced prostitution, forced pregnancy, as defined in article 7, paragraph 2 (f), enforced sterilization, and any other form of sexual violence also constituting a serious violation of article 3 common to the four Geneva Conventions;

(vii) Conscripting or enlisting children under the age of fifteen years into armed forces or groups or using them to participate actively in hostilities;

(viii) Ordering the displacement of the civilian population for reasons related to the conflict, unless the security of the civilians involved or imperative military reasons so demand;

(ix) Killing or wounding treacherously a combatant adversary;

(x) Declaring that no quarter will be given;

(xi) Subjecting persons who are in the power of another party to the conflict to physical mutilation or to medical or scientific experiments of any kind which are neither justified by the medical, dental or hospital treatment of the person concerned nor carried out in his or her interest, and which cause death to or seriously endanger the health of such person or persons;

(xii) Destroying or seizing the property of an adversary unless such destruction or seizure be imperatively demanded by the necessities of the conflict;


(f) Paragraph 2 (e) applies to armed conflicts not of an international character and thus does not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence or other acts of a similar nature. It applies to armed conflicts that take place in the territory of a State when there is protracted armed conflict between governmental authorities and organized armed groups or between such groups.
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 9
Elements of Crimes

1. Elements of Crimes shall assist the Court in the interpretation and application of articles 6, 7 and 8. 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:

(a) Any State Party;
(b) The judges acting by an absolute majority;

(c) The Prosecutor.

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:
(a) The State on the territory of which the conduct in question occurred or, if the crime was committed on board a vessel or aircraft, the State of registration of that vessel or aircraft;
(b) The State of which the person accused of the crime is a national.

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:
(a) A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by a State Party in accordance with article 14;
(b) A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by the Security Council acting under Chapter VII of the Charter of the United Nations; or

(c) The Prosecutor has initiated an investigation in respect of such a crime in accordance with article 15.


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 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:
(a) The case is being investigated or prosecuted by a State which has jurisdiction over it, unless the State is unwilling or unable genuinely to carry out the investigation or prosecution;
(b) The case has been investigated by a State which has jurisdiction over it and the State has decided not to prosecute the person concerned, unless the decision resulted from the unwillingness or inability of the State genuinely to prosecute;

(c) The person concerned has already been tried for conduct which is the subject of the complaint, and a trial by the Court is not permitted under article 20, paragraph 3;

(d) The case is not of sufficient gravity to justify further action by the Court.

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:
(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;
(b) There has been an unjustified delay in the proceedings which in the circumstances is inconsistent with an intent to bring the person concerned to justice;

(c) The proceedings were not or are not being conducted independently or impartially, and they were or are being conducted in a manner which, in the circumstances, is inconsistent with an intent to bring the person concerned to justice.

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:
(a) An accused or a person for whom a warrant of arrest or a summons to appear has been issued under article 58;
(b) A State which has jurisdiction over a case, on the ground that it is investigating or prosecuting the case or has investigated or prosecuted; or

(c) A State from which acceptance of jurisdiction is required under article 12.

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:
(a) To pursue necessary investigative steps of the kind referred to in article 18, paragraph 6;
(b) To take a statement or testimony from a witness or complete the collection and examination of evidence which had begun prior to the making of the challenge; and

(c) In cooperation with the relevant States, to prevent the absconding of persons in respect of whom the Prosecutor has already requested a warrant of arrest under article 58.

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 or 8 shall be tried by the Court with respect to the same conduct unless the proceedings in the other court:

(a) Were for the purpose of shielding the person concerned from criminal responsibility for crimes within the jurisdiction of the Court; or
(b) Otherwise were not conducted independently or impartially in accordance with the norms of due process recognized by international law and were conducted in a manner which, in the circumstances, was inconsistent with an intent to bring the person concerned to justice.


Article 21
Applicable law

1. The Court shall apply:
(a) In the first place, this Statute, Elements of Crimes and its Rules of Procedure and Evidence;
(b) In the second place, where appropriate, applicable treaties and the principles and rules of international law, including the established principles of the international law of armed conflict;

(c) Failing that, general principles of law derived by the Court from national laws of legal systems of the world including, as appropriate, the national laws of States that would normally exercise jurisdiction over the crime, provided that those principles are not inconsistent with this Statute and with international law and internationally recognized norms and standards.

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:

(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;
(b) Orders, solicits or induces the commission of such a crime which in fact occurs or is attempted;

(c) For the purpose of facilitating the commission of such a crime, aids, abets or otherwise assists in its commission or its attempted commission, including providing the means for its commission;

(d) In any other way contributes to the commission or attempted commission of such a crime by a group of persons acting with a common purpose. Such contribution shall be intentional and shall either:

(i) Be made with the aim of furthering the criminal activity or criminal purpose of the group, where such activity or purpose involves the commission of a crime within the jurisdiction of the Court; or
(ii) Be made in the knowledge of the intention of the group to commit the crime;


(e) In respect of the crime of genocide, directly and publicly incites others to commit genocide;
(f) Attempts to commit such a crime by taking action that commences its execution by means of a substantial step, but the crime does not occur because of circumstances independent of the person's intentions. However, a person who abandons the effort to commit the crime or otherwise prevents the completion of the crime shall not be liable for punishment under this Statute for the attempt to commit that crime if that person completely and voluntarily gave up the criminal purpose.

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:

(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:

(i) That military commander or person either knew or, owing to the circumstances at the time, should have known that the forces were committing or about to commit such crimes; and
(ii) That military commander or person failed to take all necessary and reasonable measures within his or her power to prevent or repress their commission or to submit the matter to the competent authorities for investigation and prosecution.


(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:

(i) The superior either knew, or consciously disregarded information which clearly indicated, that the subordinates were committing or about to commit such crimes;
(ii) The crimes concerned activities that were within the effective responsibility and control of the superior; and

(iii) The superior failed to take all necessary and reasonable measures within his or her power to prevent or repress their commission or to submit the matter to the competent authorities for investigation and prosecution.


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:

(a) In relation to conduct, that person means to engage in the conduct;
(b) In relation to a consequence, that person means to cause that consequence or is aware that it will occur in the ordinary course of events.

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:

(a) The person suffers from a mental disease or defect 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;
(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:

(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

(c) The order was not manifestly unlawful.

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:

(a) The Presidency;
(b) An Appeals Division, a Trial Division and a Pre-Trial Division;

(c) The Office of the Prosecutor;

(d) The Registry.


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.

2. (a) The Presidency, acting on behalf of the Court, may propose an increase in the number of judges specified in paragraph 1, indicating the reasons why this is considered necessary and appropriate. The Registrar shall promptly circulate any such proposal to all States Parties.

(b) Any such proposal shall then be considered at a meeting of the Assembly of States Parties to be convened in accordance with article 112. The proposal shall be considered adopted if approved at the meeting by a vote of two thirds of the members of the Assembly of States Parties and shall enter into force at such time as decided by the Assembly of States Parties.

(c) (i) Once a proposal for an increase in the number of judges has been adopted under subparagraph (b), the election of the additional judges shall take place at the next session of the Assembly of States Parties in accordance with paragraphs 3 to 8, and article 37, paragraph 2;

(ii) Once a proposal for an increase in the number of judges has been adopted and brought into effect under subparagraphs (b) and (c) (i), it shall be open to the Presidency at any time thereafter, if the workload of the Court justifies it, to propose a reduction in the number of judges, provided that the number of judges shall not be reduced below that specified in paragraph 1. The proposal shall be dealt with in accordance with the procedure laid down in subparagraphs (a) and (b). In the event that the proposal is adopted, the number of judges shall be progressively decreased as the terms of office of serving judges expire, until the necessary number has been reached.

3. (a) The judges shall be chosen from among persons of high moral character, impartiality and integrity who possess the qualifications required in their respective States for appointment to the highest judicial offices.

(b) Every candidate for election to the Court shall:

(i) Have established competence in criminal law and procedure, and the necessary relevant experience, whether as judge, prosecutor, advocate or in other similar capacity, in criminal proceedings; or
(ii) Have established competence in relevant areas of international law such as international humanitarian law and the law of human rights, and extensive experience in a professional legal capacity which is of relevance to the judicial work of the Court;

(c) Every candidate for election to the Court shall have an excellent knowledge of and be fluent in at least one of the working languages of the Court.

4. (a) Nominations of candidates for election to the Court may be made by any State Party to this Statute, and shall be made either:
(i) By the procedure for the nomination of candidates for appointment to the highest judicial offices in the State in question; or
(ii) By the procedure provided for the nomination of candidates for the International Court of Justice in the Statute of that Court.

Nominations shall be accompanied by a statement in the necessary detail specifying how the candidate fulfils the requirements of paragraph 3.

(b) Each State Party may put forward one candidate for any given election who need not necessarily be a national of that State Party but shall in any case be a national of a State Party.

(c) The Assembly of States Parties may decide to establish, if appropriate, an Advisory Committee on nominations. In that event, the Committee's composition and mandate shall be established by the Assembly of States Parties.

5. For the purposes of the election, there shall be two lists of candidates:
List A containing the names of candidates with the qualifications specified in paragraph 3 (b) (i); and

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.

6. (a) The judges shall be elected by secret ballot at a meeting of the Assembly of States Parties convened for that purpose under article 112. Subject to paragraph 7, the persons elected to the Court shall be the 18 candidates who obtain the highest number of votes and a two-thirds majority of the States Parties present and voting.

(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.

8. (a) The States Parties shall, in the selection of judges, take into account the need, within the membership of the Court, for:
(i) The representation of the principal legal systems of the world;
(ii) Equitable geographical representation; and

(iii) A fair representation of female and male judges.

(b) States Parties shall also take into account the need to include judges with legal expertise on specific issues, including, but not limited to, violence against women or children.

9. (a) Subject to subparagraph (b), judges shall hold office for a term of nine years and, subject to subparagraph (c) and to article 37, paragraph 2, shall not be eligible for re-election.

(b) At the first election, one third of the judges elected shall be selected by lot to serve for a term of three years; one third of the judges elected shall be selected by lot to serve for a term of six years; and the remainder shall serve for a term of nine years.

(c) A judge who is selected to serve for a term of three years under subparagraph (b) shall be eligible for re-election for a full term.

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:

(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 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.

2. (a) The judicial functions of the Court shall be carried out in each division by Chambers.

(b) (i) The Appeals Chamber shall be composed of all the judges of the Appeals Division;

(ii) The functions of the Trial Chamber shall be carried out by three judges of the Trial Division;

(iii) The functions of the Pre-Trial Chamber shall be carried out either by three judges of the Pre-Trial Division or by a single judge of that division in accordance with this Statute and the Rules of Procedure and Evidence;

(c) Nothing in this paragraph shall preclude the simultaneous constitution of more than one Trial Chamber or Pre-Trial Chamber when the efficient management of the Court's workload so requires.

3. (a) Judges assigned to the Trial and Pre-Trial Divisions shall serve in those divisions for a period of three years, and thereafter until the completion of any case the hearing of which has already commenced in the division concerned.

(b) Judges assigned to the Appeals Division shall serve in that division for their entire term of office.

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.

2. (a) A judge shall not participate in any case in which his or her impartiality might reasonably be doubted on any ground. A judge shall be disqualified from a case in accordance with this paragraph if, inter alia, that judge has 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. A judge shall also be disqualified on such other grounds as may be provided for in 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 ca
- eichiefs9

I disagree

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 authorizing 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
1. 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:

(a) The crime of genocide;
(b) Crimes against humanity;

(c) War crimes;

(d) The crime of aggression.


2. The Court shall exercise jurisdiction over the crime of aggression once a provision is adopted in accordance with articles 121 and 123 defining the crime and setting out the conditions under which the Court shall exercise jurisdiction with respect to this crime. Such a provision shall be consistent with the relevant provisions of the Charter of the United Nations.

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:

(a) Killing members of the group;
(b) Causing serious bodily or mental harm to members of the group;

(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;

(d) Imposing measures intended to prevent births within the group;

(e) Forcibly transferring children of the group to another group.


Article 7
Crimes against humanity
1. 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:

(a) Murder;
(b) Extermination;

(c) Enslavement;

(d) Deportation or forcible transfer of population;

(e) Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law;

(f) Torture;

(g) Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity;

(h) Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender as defined in paragraph 3, or other grounds that are universally recognized as impermissible under international law, in connection with any act referred to in this paragraph or any crime within the jurisdiction of the Court;

(i) Enforced disappearance of persons;

(j) The crime of apartheid;

(k) Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.

2. For the purpose of paragraph 1:
(a) "Attack directed against any civilian population" means a course of conduct involving the multiple commission of acts referred to in paragraph 1 against any civilian population, pursuant to or in furtherance of a State or organizational policy to commit such attack;
(b) "Extermination" includes the intentional infliction of conditions of life, inter alia the deprivation of access to food and medicine, calculated to bring about the destruction of part of a population;

(c) "Enslavement" means the exercise of any or all of the powers attaching to the right of ownership over a person and includes the exercise of such power in the course of trafficking in persons, in particular women and children;

(d) "Deportation or forcible transfer of population" means forced displacement of the persons concerned by expulsion or other coercive acts from the area in which they are lawfully present, without grounds permitted under international law;

(e) "Torture" means the intentional infliction of severe pain or suffering, whether physical or mental, upon a person in the custody or under the control of the accused; except that torture shall not include pain or suffering arising only from, inherent in or incidental to, lawful sanctions;

(f) "Forced pregnancy" means the unlawful confinement of a woman forcibly made pregnant, with the intent of affecting the ethnic composition of any population or carrying out other grave violations of international law. This definition shall not in any way be interpreted as affecting national laws relating to pregnancy;

(g) "Persecution" means the intentional and severe deprivation of fundamental rights contrary to international law by reason of the identity of the group or collectivity;

(h) "The crime of apartheid" means inhumane acts of a character similar to those referred to in paragraph 1, committed in the context of an institutionalized regime of systematic oppression and domination by one racial group over any other racial group or groups and committed with the intention of maintaining that regime;

(i) "Enforced disappearance of persons" means the arrest, detention or abduction of persons by, or with the authorization, support or acquiescence of, a State or a political organization, followed by a refusal to acknowledge that deprivation of freedom or to give information on the fate or whereabouts of those persons, with the intention of removing them from the protection of the law for a prolonged period of time.

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:
(a) Grave breaches of the Geneva Conventions of 12 August 1949, namely, any of the following acts against persons or property protected under the provisions of the relevant Geneva Convention:
(i) Wilful killing;
(ii) Torture or inhuman treatment, including biological experiments;

(iii) Wilfully causing great suffering, or serious injury to body or health;

(iv) Extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly;

(v) Compelling a prisoner of war or other protected person to serve in the forces of a hostile Power;

(vi) Wilfully depriving a prisoner of war or other protected person of the rights of fair and regular trial;

(vii) Unlawful deportation or transfer or unlawful confinement;

(viii) Taking of hostages.


(b) Other serious violations of the laws and customs applicable in international armed conflict, within the established framework of international law, namely, any of the following acts:
(i) Intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part in hostilities;
(ii) Intentionally directing attacks against civilian objects, that is, objects which are not military objectives;

(iii) Intentionally directing attacks against personnel, installations, material, units or vehicles involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations, as long as they are entitled to the protection given to civilians or civilian objects under the international law of armed conflict;

(iv) Intentionally launching an attack in the knowledge that such attack will cause incidental loss of life or injury to civilians or damage to civilian objects or widespread, long-term and severe damage to the natural environment which would be clearly excessive in relation to the concrete and direct overall military advantage anticipated;

(v) Attacking or bombarding, by whatever means, towns, villages, dwellings or buildings which are undefended and which are not military objectives;

(vi) Killing or wounding a combatant who, having laid down his arms or having no longer means of defence, has surrendered at discretion;

(vii) Making improper use of a flag of truce, of the flag or of the military insignia and uniform of the enemy or of the United Nations, as well as of the distinctive emblems of the Geneva Conventions, resulting in death or serious personal injury;

(viii) The transfer, directly or indirectly, by the Occupying Power of parts of its own civilian population into the territory it occupies, or the deportation or transfer of all or parts of the population of the occupied territory within or outside this territory;

(ix) Intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected, provided they are not military objectives;

(x) Subjecting persons who are in the power of an adverse party to physical mutilation or to medical or scientific experiments of any kind which are neither justified by the medical, dental or hospital treatment of the person concerned nor carried out in his or her interest, and which cause death to or seriously endanger the health of such person or persons;

(xi) Killing or wounding treacherously individuals belonging to the hostile nation or army;

(xii) Declaring that no quarter will be given;

(xiii) Destroying or seizing the enemy's property unless such destruction or seizure be imperatively demanded by the necessities of war;

(xiv) Declaring abolished, suspended or inadmissible in a court of law the rights and actions of the nationals of the hostile party;

(xv) Compelling the nationals of the hostile party to take part in the operations of war directed against their own country, even if they were in the belligerent's service before the commencement of the war;

(xvi) Pillaging a town or place, even when taken by assault;

(xvii) Employing poison or poisoned weapons;

(xviii) Employing asphyxiating, poisonous or other gases, and all analogous liquids, materials or devices;

(xix) Employing bullets which expand or flatten easily in the human body, such as bullets with a hard envelope which does not entirely cover the core or is pierced with incisions;

(xx) Employing weapons, projectiles and material and methods of warfare which are of a nature to cause superfluous injury or unnecessary suffering or which are inherently indiscriminate in violation of the international law of armed conflict, provided that such weapons, projectiles and material and methods of warfare are the subject of a comprehensive prohibition and are included in an annex to this Statute, by an amendment in accordance with the relevant provisions set forth in articles 121 and 123;

(xxi) Committing outrages upon personal dignity, in particular humiliating and degrading treatment;

(xxii) Committing rape, sexual slavery, enforced prostitution, forced pregnancy, as defined in article 7, paragraph 2 (f), enforced sterilization, or any other form of sexual violence also constituting a grave breach of the Geneva Conventions;

(xxiii) Utilizing the presence of a civilian or other protected person to render certain points, areas or military forces immune from military operations;

(xxiv) Intentionally directing attacks against buildings, material, medical units and transport, and personnel using the distinctive emblems of the Geneva Conventions in conformity with international law;

(xxv) Intentionally using starvation of civilians as a method of warfare by depriving them of objects indispensable to their survival, including wilfully impeding relief supplies as provided for under the Geneva Conventions;

(xxvi) Conscripting or enlisting children under the age of fifteen years into the national armed forces or using them to participate actively in hostilities.


(c) In the case of an armed conflict not of an international character, serious violations of article 3 common to the four Geneva Conventions of 12 August 1949, namely, any of the following acts committed against persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention or any other cause:

(i) Violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;
(ii) Committing outrages upon personal dignity, in particular humiliating and degrading treatment;

(iii) Taking of hostages;

(iv) The passing of sentences and the carrying out of executions without previous judgement pronounced by a regularly constituted court, affording all judicial guarantees which are generally recognized as indispensable.


(d) Paragraph 2 (c) applies to armed conflicts not of an international character and thus does not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence or other acts of a similar nature.
(e) Other serious violations of the laws and customs applicable in armed conflicts not of an international character, within the established framework of international law, namely, any of the following acts:


(i) Intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part in hostilities;
(ii) Intentionally directing attacks against buildings, material, medical units and transport, and personnel using the distinctive emblems of the Geneva Conventions in conformity with international law;

(iii) Intentionally directing attacks against personnel, installations, material, units or vehicles involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations, as long as they are entitled to the protection given to civilians or civilian objects under the international law of armed conflict;

(iv) Intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected, provided they are not military objectives;

(v) Pillaging a town or place, even when taken by assault;

(vi) Committing rape, sexual slavery, enforced prostitution, forced pregnancy, as defined in article 7, paragraph 2 (f), enforced sterilization, and any other form of sexual violence also constituting a serious violation of article 3 common to the four Geneva Conventions;

(vii) Conscripting or enlisting children under the age of fifteen years into armed forces or groups or using them to participate actively in hostilities;

(viii) Ordering the displacement of the civilian population for reasons related to the conflict, unless the security of the civilians involved or imperative military reasons so demand;

(ix) Killing or wounding treacherously a combatant adversary;

(x) Declaring that no quarter will be given;

(xi) Subjecting persons who are in the power of another party to the conflict to physical mutilation or to medical or scientific experiments of any kind which are neither justified by the medical, dental or hospital treatment of the person concerned nor carried out in his or her interest, and which cause death to or seriously endanger the health of such person or persons;

(xii) Destroying or seizing the property of an adversary unless such destruction or seizure be imperatively demanded by the necessities of the conflict;


(f) Paragraph 2 (e) applies to armed conflicts not of an international character and thus does not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence or other acts of a similar nature. It applies to armed conflicts that take place in the territory of a State when there is protracted armed conflict between governmental authorities and organized armed groups or between such groups.
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 9
Elements of Crimes

1. Elements of Crimes shall assist the Court in the interpretation and application of articles 6, 7 and 8. 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:

(a) Any State Party;
(b) The judges acting by an absolute majority;

(c) The Prosecutor.

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:
(a) The State on the territory of which the conduct in question occurred or, if the crime was committed on board a vessel or aircraft, the State of registration of that vessel or aircraft;
(b) The State of which the person accused of the crime is a national.

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:
(a) A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by a State Party in accordance with article 14;
(b) A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by the Security Council acting under Chapter VII of the Charter of the United Nations; or

(c) The Prosecutor has initiated an investigation in respect of such a crime in accordance with article 15.


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 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:
(a) The case is being investigated or prosecuted by a State which has jurisdiction over it, unless the State is unwilling or unable genuinely to carry out the investigation or prosecution;
(b) The case has been investigated by a State which has jurisdiction over it and the State has decided not to prosecute the person concerned, unless the decision resulted from the unwillingness or inability of the State genuinely to prosecute;

(c) The person concerned has already been tried for conduct which is the subject of the complaint, and a trial by the Court is not permitted under article 20, paragraph 3;

(d) The case is not of sufficient gravity to justify further action by the Court.

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:
(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;
(b) There has been an unjustified delay in the proceedings which in the circumstances is inconsistent with an intent to bring the person concerned to justice;

(c) The proceedings were not or are not being conducted independently or impartially, and they were or are being conducted in a manner which, in the circumstances, is inconsistent with an intent to bring the person concerned to justice.

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:
(a) An accused or a person for whom a warrant of arrest or a summons to appear has been issued under article 58;
(b) A State which has jurisdiction over a case, on the ground that it is investigating or prosecuting the case or has investigated or prosecuted; or

(c) A State from which acceptance of jurisdiction is required under article 12.

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:
(a) To pursue necessary investigative steps of the kind referred to in article 18, paragraph 6;
(b) To take a statement or testimony from a witness or complete the collection and examination of evidence which had begun prior to the making of the challenge; and

(c) In cooperation with the relevant States, to prevent the absconding of persons in respect of whom the Prosecutor has already requested a warrant of arrest under article 58.

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 or 8 shall be tried by the Court with respect to the same conduct unless the proceedings in the other court:

(a) Were for the purpose of shielding the person concerned from criminal responsibility for crimes within the jurisdiction of the Court; or
(b) Otherwise were not conducted independently or impartially in accordance with the norms of due process recognized by international law and were conducted in a manner which, in the circumstances, was inconsistent with an intent to bring the person concerned to justice.


Article 21
Applicable law

1. The Court shall apply:
(a) In the first place, this Statute, Elements of Crimes and its Rules of Procedure and Evidence;
(b) In the second place, where appropriate, applicable treaties and the principles and rules of international law, including the established principles of the international law of armed conflict;

(c) Failing that, general principles of law derived by the Court from national laws of legal systems of the world including, as appropriate, the national laws of States that would normally exercise jurisdiction over the crime, provided that those principles are not inconsistent with this Statute and with international law and internationally recognized norms and standards.

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:

(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;
(b) Orders, solicits or induces the commission of such a crime which in fact occurs or is attempted;

(c) For the purpose of facilitating the commission of such a crime, aids, abets or otherwise assists in its commission or its attempted commission, including providing the means for its commission;

(d) In any other way contributes to the commission or attempted commission of such a crime by a group of persons acting with a common purpose. Such contribution shall be intentional and shall either:

(i) Be made with the aim of furthering the criminal activity or criminal purpose of the group, where such activity or purpose involves the commission of a crime within the jurisdiction of the Court; or
(ii) Be made in the knowledge of the intention of the group to commit the crime;


(e) In respect of the crime of genocide, directly and publicly incites others to commit genocide;
(f) Attempts to commit such a crime by taking action that commences its execution by means of a substantial step, but the crime does not occur because of circumstances independent of the person's intentions. However, a person who abandons the effort to commit the crime or otherwise prevents the completion of the crime shall not be liable for punishment under this Statute for the attempt to commit that crime if that person completely and voluntarily gave up the criminal purpose.

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:

(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:

(i) That military commander or person either knew or, owing to the circumstances at the time, should have known that the forces were committing or about to commit such crimes; and
(ii) That military commander or person failed to take all necessary and reasonable measures within his or her power to prevent or repress their commission or to submit the matter to the competent authorities for investigation and prosecution.


(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:

(i) The superior either knew, or consciously disregarded information which clearly indicated, that the subordinates were committing or about to commit such crimes;
(ii) The crimes concerned activities that were within the effective responsibility and control of the superior; and

(iii) The superior failed to take all necessary and reasonable measures within his or her power to prevent or repress their commission or to submit the matter to the competent authorities for investigation and prosecution.


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:

(a) In relation to conduct, that person means to engage in the conduct;
(b) In relation to a consequence, that person means to cause that consequence or is aware that it will occur in the ordinary course of events.

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:

(a) The person suffers from a mental disease or defect 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;
(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:

(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

(c) The order was not manifestly unlawful.

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:

(a) The Presidency;
(b) An Appeals Division, a Trial Division and a Pre-Trial Division;

(c) The Office of the Prosecutor;

(d) The Registry.


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.

2. (a) The Presidency, acting on behalf of the Court, may propose an increase in the number of judges specified in paragraph 1, indicating the reasons why this is considered necessary and appropriate. The Registrar shall promptly circulate any such proposal to all States Parties.

(b) Any such proposal shall then be considered at a meeting of the Assembly of States Parties to be convened in accordance with article 112. The proposal shall be considered adopted if approved at the meeting by a vote of two thirds of the members of the Assembly of States Parties and shall enter into force at such time as decided by the Assembly of States Parties.

(c) (i) Once a proposal for an increase in the number of judges has been adopted under subparagraph (b), the election of the additional judges shall take place at the next session of the Assembly of States Parties in accordance with paragraphs 3 to 8, and article 37, paragraph 2;

(ii) Once a proposal for an increase in the number of judges has been adopted and brought into effect under subparagraphs (b) and (c) (i), it shall be open to the Presidency at any time thereafter, if the workload of the Court justifies it, to propose a reduction in the number of judges, provided that the number of judges shall not be reduced below that specified in paragraph 1. The proposal shall be dealt with in accordance with the procedure laid down in subparagraphs (a) and (b). In the event that the proposal is adopted, the number of judges shall be progressively decreased as the terms of office of serving judges expire, until the necessary number has been reached.

3. (a) The judges shall be chosen from among persons of high moral character, impartiality and integrity who possess the qualifications required in their respective States for appointment to the highest judicial offices.

(b) Every candidate for election to the Court shall:

(i) Have established competence in criminal law and procedure, and the necessary relevant experience, whether as judge, prosecutor, advocate or in other similar capacity, in criminal proceedings; or
(ii) Have established competence in relevant areas of international law such as international humanitarian law and the law of human rights, and extensive experience in a professional legal capacity which is of relevance to the judicial work of the Court;

(c) Every candidate for election to the Court shall have an excellent knowledge of and be fluent in at least one of the working languages of the Court.

4. (a) Nominations of candidates for election to the Court may be made by any State Party to this Statute, and shall be made either:
(i) By the procedure for the nomination of candidates for appointment to the highest judicial offices in the State in question; or
(ii) By the procedure provided for the nomination of candidates for the International Court of Justice in the Statute of that Court.

Nominations shall be accompanied by a statement in the necessary detail specifying how the candidate fulfils the requirements of paragraph 3.

(b) Each State Party may put forward one candidate for any given election who need not necessarily be a national of that State Party but shall in any case be a national of a State Party.

(c) The Assembly of States Parties may decide to establish, if appropriate, an Advisory Committee on nominations. In that event, the Committee's composition and mandate shall be established by the Assembly of States Parties.

5. For the purposes of the election, there shall be two lists of candidates:
List A containing the names of candidates with the qualifications specified in paragraph 3 (b) (i); and

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.

6. (a) The judges shall be elected by secret ballot at a meeting of the Assembly of States Parties convened for that purpose under article 112. Subject to paragraph 7, the persons elected to the Court shall be the 18 candidates who obtain the highest number of votes and a two-thirds majority of the States Parties present and voting.

(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.

8. (a) The States Parties shall, in the selection of judges, take into account the need, within the membership of the Court, for:
(i) The representation of the principal legal systems of the world;
(ii) Equitable geographical representation; and

(iii) A fair representation of female and male judges.

(b) States Parties shall also take into account the need to include judges with legal expertise on specific issues, including, but not limited to, violence against women or children.

9. (a) Subject to subparagraph (b), judges shall hold office for a term of nine years and, subject to subparagraph (c) and to article 37, paragraph 2, shall not be eligible for re-election.

(b) At the first election, one third of the judges elected shall be selected by lot to serve for a term of three years; one third of the judges elected shall be selected by lot to serve for a term of six years; and the remainder shall serve for a term of nine years.

(c) A judge who is selected to serve for a term of three years under subparagraph (b) shall be eligible for re-election for a full term.

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:

(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 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.

2. (a) The judicial functions of the Court shall be carried out in each division by Chambers.

(b) (i) The Appeals Chamber shall be composed of all the judges of the Appeals Division;

(ii) The functions of the Trial Chamber shall be carried out by three judges of the Trial Division;

(iii) The functions of the Pre-Trial Chamber shall be carried out either by three judges of the Pre-Trial Division or by a single judge of that division in accordance with this Statute and the Rules of Procedure and Evidence;

(c) Nothing in this paragraph shall preclude the simultaneous constitution of more than one Trial Chamber or Pre-Trial Chamber when the efficient management of the Court's workload so requires.

3. (a) Judges assigned to the Trial and Pre-Trial Divisions shall serve in those divisions for a period of three years, and thereafter until the completion of any case the hearing of which has already commenced in the division concerned.

(b) Judges assigned to the Appeals Division shall serve in that division for their entire term of office.

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.

2. (a) A judge shall not participate in any case in which his or her impartiality might reasonably be doubted on any ground. A judge shall be disqualified from a case in accordance with this paragraph if, inter alia, that judge has 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. A judge shall also be disqualified on such other grounds as may be provided for in 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 ca
- eichiefs9

Not hockey related

1
PREAMBLE
PREAMBLE
This Collective Bargaining Agreement, together with all Exhibits hereto ("CBA" or
"Agreement"), which is the product of bona fide, arm's length collective bargaining, is entered
into the 15th day of February, 2013, by and between the National Hockey League, a joint venture
organized as a not-for-profit unincorporated association ("NHL" or "League"), which is
recognized as the sole and exclusive bargaining representative of the present and future Clubs of
the NHL, and the National Hockey League Players' Association ("NHLPA" or "Association"),
which is recognized as the sole and exclusive bargaining representative of present and future
Players in the NHL. The NHL and the NHLPA hereafter shall be referred to collectively as "the
parties". This CBA supersedes and replaces all prior collective bargaining agreements between
the parties.
2
ARTICLE 1
ARTICLE 1
DEFINITIONS
As used in this Agreement, the following terms shall have the following
meanings:
"Accrued Season" means any League Year during which a Player was on a
Club's Active Roster for 40 (30 if the Player is a goalie) or more Regular Season Games,
provided that, for the purposes of calculating an Accrued Season under this Agreement, games
missed due to a hockey-related injury incurred while on a Club's Active Roster shall count as
games played for purposes of calculating an Accrued Season but only during the League Year in
which the injury was incurred and a maximum of one additional season.
"Active Roster" shall be determined as follows: Commencing on the day prior to
the start of the Regular Season, and concluding with each respective Club's last NHL Game in a
League Year, Active Roster shall include all Players on a Club's Reserve List who are signed to
an approved and registered SPC, subject to the provisions of Article 11, and who are not on the
Injured Reserve List, Injured Non-Roster, designated Non-Roster, or Loaned. A Player who is on
a Conditioning Loan is included on a Club's Active Roster. During Training Camp, a Player shall
be deemed to be on the Club's Active Roster only if he had been on the Club's Active Roster
after the Trade Deadline in the preceding season on other than an emergency recall basis.
"Agent Certification Program" means the program by which the NHLPA
certifies agents to represent Players in individual SPC negotiations with Clubs.
"Agreement" or "CBA" or "Collective Bargaining Agreement" means the
Collective Bargaining Agreement in effect between the NHL and the NHLPA as of the Effective
Date.
"All-Star Game" means the hockey game so designated by the NHL in which
All-Star Players play.
"Assign" means the transfer of the rights to a Player and/or any existing SPC from
one Club's Reserve List or Free Agent List(s) to another Club's Reserve List or Free Agent
List(s) via Trade, or Waivers.
"Average League Salary" means, with respect to any League Year, the League
average salary for such League Year determined in accordance with the principles set forth in the
decision of the Arbitrator Nicolau in the average league salary dispute dated March 20, 1995.
"Bona Fide Offer" shall have the meaning set forth in Section 8.6(e) of this
Agreement.
"Bonuses" shall have the meaning set forth in Article 50 of this Agreement.
"Buy-Out" or "Ordinary Course Buy-Out" shall have the meaning set forth in
Section 50.9(i) of this Agreement and Paragraph 13 of the SPC.
3
ARTICLE 1
"Buy-Out Period" shall have the meaning set forth in Paragraph 13(d) of the
SPC.
"Certified Agent" means an agent duly certified by the NHLPA to represent
Players in individual SPC negotiations with Clubs.
"Certified Agent List" shall have the meaning set forth in Section 6.1 of this
Agreement.
"Club" means a Member Club of the National Hockey League, and its assignees,
as set forth in Article 3.1 of the NHL Constitution.
"Club Actor" shall have the meaning set forth in Section 26.2 of this Agreement.
"Club Health Professionals" means a Club's: team physicians, consulting
neuropsychologists, athletic trainers and/or therapists, hospitals, laboratories, clinics, and other
medical or health professionals or organizations.
"Club Personnel" means a Club's coaching staff, owners, presidents, executives,
hockey operations staff, general managers, assistant general managers, human resources
personnel, and Club Health Professionals.
"Commissioner" means the Commissioner of the National Hockey League.
"Commissioner Discipline for Off-Ice Conduct" shall have the meaning set
forth in Section 18-A.1 of this Agreement.
"Comparable Exhibit" shall have the meaning set forth in Section 12.9(g)(v) of
this Agreement.
"Compensatory Draft Selection" means a draft pick awarded to a Club pursuant
to the terms of Section 8.3 of this Agreement.
"Competition Committee" shall have the meaning set forth in Article 22 of this
Agreement.
"Conditioning Camp" shall have the meaning set forth in Section 15.10 of this
Agreement.
"Conditioning Loan" means the Loan of a Player on a Club's Active Roster, for
conditioning reasons, in accordance with the terms of Section 13.8 of this Agreement.
"Defected Player" shall have the meaning set forth in Section 10.2(b) of this
Agreement.
"Deferred Compensation" or "Deferred Salary" shall have the meaning set
forth in Section 50.2(a)(ii)(A) of this Agreement.
4
ARTICLE 1
"Disclosure Statement" shall have the meaning set forth in Section 17.8 of this
Agreement.
"Draft Choice Compensation" means the right of any Club pursuant to Section
10.4 of this Agreement to receive draft pick(s) from another Club, to compensate the Club for the
loss of a Restricted Free Agent.
"Effective Date" has the meaning set forth in Section 3.1(a) of this Agreement.
"Entry Draft" means the NHL's annual draft of Rookie hockey players as
described in Article 8 (Entry Draft) of this Agreement.
"European Player" has the meaning set forth in Section 9.1(c) of this Agreement.
"Exhibition Game" means any game played by a Club that is not scheduled as a
Regular Season Game or Playoff Game, including games played during Training Camp.
"First Refusal Exercise Notice" shall have the meaning set forth in Section
10.3(b) of this Agreement.
"Free Agent" means a Restricted Free Agent and/or an Unrestricted Free Agent.
"Free Agent Lists" shall have the meaning set out in Section 10.3(j) of this
Agreement.
"Goaltender Exemption" shall have the meaning set forth in Section 16.13 of
this Agreement.
"Grievance" shall have the meaning set forth in Section 17.1 of this Agreement.
"Grievance Committee" has the meaning and purpose set forth in Section 17.4 of
this Agreement.
"Group 1 Player" has the meaning set forth in Section 9.1(b) of this Agreement.
"Group 2 Player" has the meaning set forth in Section 10.2(a)(i) of this
Agreement.
"Group 3 Player" has the meaning set forth in Section 10.1(a) of this Agreement.
"Group 4 Player" means a Player who has never signed an SPC and who
becomes a Free Agent after having met the conditions for a Defected Player in Section 10.2(b)(i)
of this Agreement.
"Group 5 Player" shall have the meaning set forth in Section 10.1(b) of this
Agreement.
5
ARTICLE 1
"Group 6 Player" shall have the meaning set forth in Section 10.1(c) of this
Agreement.
"Impartial Arbitrator" means the person authorized by this Agreement to hear
and resolve specified disputes as provided in Article 17 of this Agreement.
"Injured Non-Roster" shall have the meaning set forth in Section 16.11(a) of this
Agreement.
"Injured Reserve List" or "Injured Reserve" means the list of all Players who,
because of injury, illness, or disability are deemed by their respective Clubs to be unable to
render playing services to such Clubs for an extended period of time as set forth in Article 16 of
this Agreement.
"Insured Roster" means the Players under SPC to a Club who, during the NHL
Regular Season or Playoffs, are specifically assigned to such Club, or who are on a Conditioning
Loan in accordance with the terms of this Agreement. During Training Camp, a Player shall be
deemed on the Club's "Insured Roster" only if he had been on the Club's roster after the Trading
Deadline in the preceding season on other than an emergency recall basis.
"International Committee" shall have the meaning set forth in Section 24.1(a) of
this Agreement.
"International Hockey Game" shall have the meaning set forth in Section
24.1(a) of this Agreement.
"League" or "NHL" refers to the National Hockey League.
"League Rules" means the Constitution and By-Laws, resolutions, rules, and
regulations of the NHL (other than this Agreement) and/or any official interpretations of any of
them.
"League Year" means the period from July 1 of one calendar year to and
including June 30 of the following calendar year or such other one year period to which the NHL
and the NHLPA may agree.
"Living Companion" the criteria for Living Companion status is as follows: (a)
the persons are not related by blood; (b) neither person is married; (c) the persons share a
primary residence; (d) the persons have been living together for at least six (6) months and (e)
the persons are at least eighteen (18) years of age.
"Loan" means the transfer of a Player from a Club's Active Roster, Non-Roster,
Injured Non-Roster or Injured Reserve List to the roster of a club outside the NHL.
"Major Juniors" or "Juniors" means the Canadian Hockey League, including the
Western Hockey League, Ontario Hockey League and the Quebec Major Junior Hockey League.
6
ARTICLE 1
"Medical Information" means all medical and/or health information about a
Player including, but not limited to, all past, present or future: health, medical or surgical
records; medical or health questionnaire(s); information relating to any injury, sickness, disease,
condition, medical history, or medical, mental, or clinical status, or diagnosis, treatment or
prognosis; clinical or treatment notes or reports; fitness to play determinations; test results
(including, but not limited to, the results of neuropsychological testing); laboratory reports, xrays
or diagnosis imaging results; and data relating to any testing or medical study.
"Minimum Paragraph 1 Salary" shall have the meaning set forth in Section
11.12 of this Agreement.
"Minors" or "Minor League" means the American Hockey League.
"Minor League Compensation" shall have the meaning set forth in Section 9.4
of this Agreement.
"NHL Games" means Regular Season Games and Playoff Games.
"NHL Season" means the time period corresponding to the Regular Season and
Playoffs.
"NHLPA" refers to the National Hockey League Players' Association.
"Non-Roster" or "Non-Roster List" shall have the meaning set forth in Section
16.12 of this Agreement.
"Offer Sheet" shall have the meaning set forth in Section 10.3 of this Agreement.
"One-Way Qualifying Offer" means a Qualifying Offer that provides for a
Paragraph 1 NHL Salary regardless of whether such Player plays in the NHL or is Loaned.
"Paragraph 1 Minor League Salary" means the salary earned by a Player for
play in the minor leagues, as set forth in Paragraph 1 of his SPC.
"Paragraph 1 NHL Salary" means the salary earned by a Player for play in the
NHL, as set forth in Paragraph 1 of his SPC.
"Paragraph 1 Salary" includes a Player's Paragraph 1 NHL Salary and his
Paragraph 1 Minor League Salary.
"Player(s)" means a hockey player who is party to an SPC, a Rookie, Unsigned
Draft Choices, and Free Agents.
"Player Actor" shall have the meaning set forth in Section 26.2 of this
Agreement.
"Player Salary" shall have the meaning set forth in Article 50 of this Agreement.
7
ARTICLE 1
"Playing Roster" means, with respect to each Club's respective Exhibition Game,
International Hockey Game, and NHL Game, the Players on such Club's Active Roster who are
dressed to play.
"Playing Season Waiver Period" shall have the meaning set forth in Section
13.2 of this Agreement.
"Playoffs," "Stanley Cup Playoffs" or "Playoff Games" means the games or
schedule of games, as appropriate, conducted by the NHL following the conclusion of the
Regular Season, which lead to the determination of the winner of the Stanley Cup
Championship, in accordance with the provisions of Section 27 of the NHL By-Laws and Article
16 of this Agreement.
"Prior Club" means, in any League Year, the Club that contracted with or
otherwise last held the playing rights for a Player for the prior League Year.
"Prior Year's Salary" means, with respect to any Player, the Paragraph 1 Salary,
for the final League Year of such Player's most recent SPC.
"Professional Games" includes the following: any NHL Games played, all minor
league regular season and playoff games and any other professional games played, including but
not limited to, games played in any European league or any other league outside North America,
by a Player pursuant to his SPC.
"Qualifying Offer" shall have the meaning set forth in Section 10.2(a) of this
Agreement.
"Recall" means the transfer of a Player from a roster of a club outside the NHL to
a Club's Active Roster.
"Regular Season Games" or "Regular Season" means the NHL Games or the
time period, respectively, included in the League Schedule of Championship Games.
"Reserve List" means the list of all Players to whom a Club has rights including
all Unsigned Draft Choices, all Players signed to an SPC (whether or not currently playing in the
NHL), and all Players who have signed an SPC but who have subsequently been returned to
Juniors. A Club may have on its Reserve List, at any one time, not more than 90 Players, which
shall include the following:
(a) Not more than 50 Players signed to an SPC and not less than 24 Players and 3
goalkeepers under an SPC. Age 18 and age 19 Players who were returned to Juniors, and who
have not played 11 NHL Games in one season, shall be exempt from inclusion in the 50 Player
limit.
Any Club violating this provision shall be liable to loss of draft choices as determined by
the Commissioner.
(b) Unsigned Draft Choices.
8
ARTICLE 1
"Restricted Free Agent" means a Player whose SPC has expired, but who is still
subject to a Right of First Refusal and/or Draft Choice Compensation in favor of his Prior Club
as described in Article 10 of this Agreement.
"Right of First Refusal" means the right of a Club, as described in Article 10, to
retain the services of certain Players by matching offers made to those Players.
"Rookie" means a hockey player who has never signed an SPC.
"Salary Arbitrator" shall mean the person(s) selected pursuant to Article 12 to
hear and resolve salary arbitration proceedings in accordance with the procedures and terms set
forth in Article 12.
"Signing Bonuses" shall mean any compensation paid for signing an SPC.
"Standard Player's Contract" or "SPC" means the standard form contract
attached hereto as Exhibit 1 which will be the sole form of employment contract used for all
Player signings after the execution of this Agreement.
"Supplementary Discipline for On-Ice Conduct" shall have the meaning set
forth in Section 18.1 of this Agreement.
"System Arbitrator" means the person authorized by this Agreement to hear and
resolve specified disputes as provided in Section 48.5 of this Agreement.
"System Grievance" shall have the meaning set forth in Section 48.1(a) of this
Agreement.
"Trade" means the transfer, other than as a result of a claim by Waivers, from one
Club's Reserve List or Free Agent List to another Club's Reserve List or Free Agent List of a
Player's SPC, the rights to a Player (including his SPC, if applicable) on such Club's Reserve List
or Free Agent List, and/or the rights to a draft choice in the Entry Draft.
"Trade Deadline" shall have the meaning set forth in Section 13.12(j) of this
Agreement.
"Training Camp" means the camp held by Clubs prior to the start of the Regular
Season in accordance with the provisions set forth in Article 15 of this Agreement.
"Two-Way Qualifying Offer" means a Qualifying Offer that provides for a
Paragraph 1 NHL Salary to be effective when the Player is in the NHL, and a Paragraph 1 Minor
League Salary to be effective when the Player is Loaned to a club outside the NHL.
"Unconditional Waivers" means the process by which the rights to a Player are
offered to all other Clubs, without a right of recall at a Waiver price of one-hundred and twentyfive
dollars ($125) prior to a Club exercising its right to terminate a Player's SPC pursuant to
Article 13 of this Agreement and Paragraph 13(a) of the SPC.
9
ARTICLE 1
"Unrestricted Free Agent" means a Player who: (a) has either never signed an
SPC or whose SPC has expired, or has been terminated or bought out by a Club; and (b) who
otherwise is not subject to any exclusive negotiating rights, Right of First Refusal, or Draft
Choice Compensation in favor of any Club (including, without limitation, Players referred to in
Section 10.1 or 10.2(a)(iv) of this Agreement or a Player who becomes an Unrestricted Free
Agent as a result of a Club exercising its walkaway rights under Article 12 of this Agreement).
"Unsigned Draft Choice" means a Player selected by a Club in an Entry Draft,
who has not yet been signed to his first SPC.
"Waivers" means the process by which the rights to a Player are offered to all
other Clubs pursuant to the procedure set forth in Article 13 of this Agreement and shall include
Regular and Unconditional Waivers.
10
ARTICLE 2 2.1-2.3
ARTICLE 2
RECOGNITION
2.1 Recognition. The NHL recognizes the NHLPA as the exclusive bargaining
representative of all present and future Players employed as such in the League by the Clubs, but
not including any other Club employees. The NHL and NHLPA agree that notwithstanding the
foregoing, and to the extent consistent with this Agreement, such Players, acting individually or
through Certified Agents, and Clubs may, on an individual basis, bargain with respect to and
agree upon an individual Player Salary and Bonuses over and above the minimum requirements
established herein and other provisions that are not inconsistent with the terms of this Agreement.
2.2 NHLPA Meetings. The NHLPA may hold meetings at Club facilities with the Players of
each Club during Training Camp and the Regular Season, provided the arrangements for each
meeting have been cleared through the General Manager of the Club involved and that no such
meeting shall interfere with the training, practice or operation of the Club. Clearance shall not be
unreasonably withheld.
2.3 NHLPA Access. The NHLPA shall be provided reasonable access to Club facilities and
Players at reasonable times. Such right of access shall include reasonable access to Conditioning
Camps.
11
ARTICLE 3 3.1-3.2
ARTICLE 3
DURATION OF AGREEMENT
3.1 Term.
(a) This Agreement is effective retroactive to September 16, 2012 (the "Effective
Date"), and shall remain in full force and effect until midnight New York time on September 15,
2022, and shall remain in effect from year to year thereafter unless and until either party shall
deliver to the other a written notice of termination of this Agreement at least 120 days prior to
September 15, 2022 or not less than a like period in any year thereafter.
(b) Notwithstanding anything to the contrary set forth in subparagraph 3.1(a), either
party shall have the right to terminate this Agreement effective midnight September 15, 2020
("early termination") by providing notice as specified hereafter.
(i) The NHL may exercise its option for early termination by delivery of
written notification to the NHLPA of its election to do so on or before
September 1, 2019.
(ii) If the NHL has not already done so, the NHLPA may exercise its option
for early termination by delivery of written notification to the NHL of its
election to do so on or before September 15, 2019.
3.2 Binding Agreement. This Agreement shall be binding upon and inure to the benefit of
the NHL, the Clubs, the NHLPA and all Players, and their respective successors or assigns.
12
ARTICLE 4 4.1-4.3
ARTICLE 4
UNION SECURITY AND CHECK-OFF
4.1 Membership. Every Player has the option of joining or not joining the NHLPA;
provided, however, that as a condition of employment as a Player for the duration of this
Agreement and wherever and whenever legal:
(a) any Player who is, or later becomes, a member in good standing of the NHLPA
must maintain his membership in good standing in the NHLPA; or
(b) any Player who is not a member in good standing of the NHLPA must, on the
30th day following the beginning of his employment as a Player, pay, pursuant to Section 4.2
below or otherwise, to the NHLPA an annual service fee in the same amount as the periodic
dues.
4.2 Check-off. Each Club will deduct from the Paragraph 1 NHL Salary of each Player who
voluntarily authorizes and directs such deduction in accordance with this Article, an amount
equal to the periodic dues and any assessments of the NHLPA. The said amount shall be
deducted from the Player's Paragraph 1 NHL Salary on a monthly basis and shall be remitted by
the Club to the NHLPA. The NHLPA shall advise each Club in writing as to the amount to be
deducted for each deduction period. Each such authorization by a Player shall be in writing in
the form attached hereto as Exhibit 2, and shall be governed by the provisions hereof.
4.3 Indemnification. Consistent with the NHLPA's responsibility to obtain from Players and
file with Clubs written check-off authorizations, the NHLPA shall be solely responsible for
paying refunds to Players for any sums that were deducted not in conformity with the provisions
of the NHLPA Constitution and Bylaws or applicable law. Further, the NHLPA shall indemnify
each Club and the NHL against, and hold them harmless from, any claim paid or incurred on
account of any finding that a deduction or payment of any amount under Section 4.2 hereof was
wrongful or invalid.
13
ARTICLE 5
ARTICLE 5
MANAGEMENT RIGHTS
Each Club, and, where appropriate, the League, in the exercise of its functions of
management, shall in addition to its other inherent and legal rights to manage its business,
including the direction and control of its team, have the right at any time and from time to time to
determine when, where, how and under what circumstances it wishes to operate, suspend,
discontinue, sell or move and to determine the manner and the rules by which its team shall play
hockey. Nothing in this Article shall, however, authorize a Club or the League to violate any
provision of this Agreement or of any SPC.
All of the rights which were inherent in each Club and where appropriate the
League, as owner and operator of its business, including its team, or incident to the management
thereof, which existed prior to the selection of the NHLPA as exclusive bargaining representative
by the Players and which are not expressly curtailed or contracted away by a specific provision
of this Agreement or by any SPC are retained solely by each Club. A Club, and where
appropriate the League, may take any action not in violation of any applicable provision of this
Agreement, any SPC, or law in the exercise of its management rights.
14
ARTICLE 6 6.1-6.5
ARTICLE 6
NHLPA AGENT CERTIFICATION
6.1 Exclusive Representation. The NHL and the Clubs recognize that the NHLPA, in
accordance with its role as exclusive bargaining agent for Players, certifies and regulates the
conduct of agents who are authorized to represent Players in individual SPC negotiations with
Clubs. The Clubs may not engage in negotiations for a Player's individual SPC with any person
other than the Player or an agent certified by the NHLPA ("Certified Agent"). The NHLPA shall,
within three (3) business days following the execution of this Agreement, provide to the NHL in
electronic format a comprehensive list (the "Certified Agent List"), which Certified Agent List
shall set forth: (i) all currently Certified Agents (in alphabetical order by last name), and (ii) for
each Player (in alphabetical order by last name), the name of his Certified Agent(s) (in the event
the Player has more than one Certified Agent, the Certified Agent List shall designate which
Certified Agent is the Player's primary Certified Agent), if any, such Certified Agent's agency
affiliation(s), if any, mailing address, telephone number, e-mail address and facsimile number (if
utilized by the Certified Agent). The NHLPA shall thereafter provide to the NHL in electronic
format, on a weekly basis or more frequently at the NHLPA's discretion, any additions, deletions
or other modifications to the Certified Agent List, and on a monthly basis or more frequently at
the NHLPA's discretion, an updated current and complete Certified Agent List. Clubs will be
required to be in compliance with, and shall be entitled to rely upon, the Certified Agent List
most recently provided by the NHLPA. The NHL and Clubs will not distribute publicly the
Certified Agent List, including posting it on any website.
6.2 Player SPCs. No Club shall enter into an SPC with any Player, and the NHL shall not
register or approve any SPC unless such Player: (i) was represented in the negotiations by a
Certified Agent, or (ii) if Player has no Certified Agent, acts on his own behalf in negotiating
such SPC.
6.3 Indemnification. The NHLPA shall indemnify the NHL and any of its Clubs against, and
save them harmless from, any claim made or judgment incurred on account of its or their refusal
to negotiate with an agent or representative not certified by the NHLPA in accordance with the
NHLPA's Agent Certification Program.
6.4 Agent Certification Program. The NHLPA shall provide to the League an updated
current copy of the Agent Certification Program within seven (7) business days after any
additions, deletions or other modifications have been made thereto, with such additions,
deletions or other modifications clearly indicated thereon. In addition, the NHLPA shall provide
to the League an updated current copy of the Agent Certification Program within seven (7)
business days following any League request therefor.
6.5 No Amendment. In the event the NHLPA wishes to make a material change to the Agent
Certification Program, the NHLPA shall notify the League at least sixty (60) days before such
change is to take effect and shall afford the League a reasonable period of time prior to the
implementation thereof for the purpose of conferring regarding any such changes.
15
ARTICLE 7 7.1-7.3
ARTICLE 7
NO STRIKE, NO DISCRIMINATION AND OTHER UNDERTAKINGS
7.1 (a) Neither the NHLPA nor any Player shall authorize, encourage, or engage in any
strike, work stoppage, slowdown or other concerted interference with the activities of any Club
or of the League during the term of this Agreement. Nor shall any Player decline to play or
practice or in concert with any other person otherwise interfere with the activities of any Club or
the League, or individually or in concert encourage any other Player to do so because of
picketing or a labor dispute involving any other labor organization. The NHLPA shall not
support or condone any action of any Player which is not in accordance with this Section 7.1 and
the NHLPA shall exert reasonable efforts to induce compliance therewith.
(b) Neither the League nor any Club shall engage in a lockout during the term of this
Agreement.
7.2 Neither the NHLPA, the NHL, nor any Club shall discriminate in the interpretation or
application of this Agreement against or in favor of any Player because of religion, race,
disability, color, national origin, sex, sexual orientation, age, marital status, or membership or
non-membership in or support of or non-support of any labor organization.
7.3 Except where otherwise permitted, no Player who is a party to an SPC with a Club shall,
during the term of such SPC, enter into negotiations with another Club.
16
ARTICLE 8 8.1-8.5
ARTICLE 8
ENTRY DRAFT
8.1 General. Commencing with the 2013 Entry Draft and with respect to the Entry Draft to
be held each League Year thereafter, the provisions of this Article 8 shall apply. Each Entry
Draft will be held in June, on a date which shall be determined by the Commissioner.
8.2 Draft Choices. The Entry Draft shall consist of seven (7) rounds, with each round
consisting of the same number of selection choices as there will be Clubs in the League in the
following League Year.
8.3 Compensatory Draft Selections.
(a) In addition to the seven (7) rounds of the Entry Draft, there shall be an additional
number of Compensatory Draft Selections not to exceed the number of Clubs to be in the League
in the following League Year.
(b) In the event a Club loses its draft rights to an Unsigned Draft Choice drafted in
the first round of the Entry Draft (except as a result of failing to tender a required Bona Fide
Offer (as defined below)), who (i) is again eligible for the Entry Draft, (ii) becomes an
Unrestricted Free Agent, or (iii) dies, a Compensatory Draft Selection shall automatically be
granted to that Club, which Compensatory Draft Selection shall be the same numerical choice in
the second round in the Entry Draft immediately following the date the Club loses such rights.
By way of example, if a Club cannot sign the third pick in the first round, it will receive the third
pick in the second round as compensation.
8.4 Eligibility for Claim.
(a) All Players age 18 or older are eligible for claim in the Entry Draft, except:
(i) a Player on the Reserve List of a Club, other than as a try-out;
(ii) a Player who has been claimed in two prior Entry Drafts;
(iii) a Player who previously played in the League and became a Free Agent
pursuant to this Agreement;
(iv) a Player age 21 or older who: (A) has not been selected in a previous
Entry Draft and (B) played hockey for at least one season in North
America when he was age 18, 19, or 20 and shall be eligible to enter the
League as an Unrestricted Free Agent pursuant to Article 10.1(d); and
(v) a Player age 22 or older who has not been selected in a previous Entry
Draft and shall be eligible to enter the League as an Unrestricted Free
Agent pursuant to Article 10.1(d).
8.5 Order of Selection. The League may determine the rules governing the order of selection
among Clubs in the Entry Draft, provided that such rules: (i) shall not in any manner affect or
17
ARTICLE 8 8.6-8.6
enlarge in any respect the selecting Club's rights (including, without limitation, rights of
retention) in respect of such Player, and (ii) are not inconsistent or contrary in any other respect
to any provision of this Agreement, including, without limitation, the procedures set out in
Exhibit 4. In the event that the League proposes a material change to the rules governing the
order of selection in Entry Drafts conducted prior to 1995, as modified by Exhibit 4, the League
shall notify the NHLPA no later than March 1 in the year of the Entry Draft during which such
changes are proposed to take effect, and shall afford the NHLPA a reasonable period of time
prior to the implementation thereof for the purpose of conferring regarding any such changes.
8.6 Reserve List-Exclusive Rights.
(a) Commencing with the 2013 Entry Draft, a Player selected by a Club in the Entry
Draft shall be registered on the Reserve List of the selecting Club as an "Unsigned Draft
Choice."
(i) Subject to the provisions of Sections (b), (c), (d) and (e) below, such
registration shall establish for such selecting Club the exclusive right of
negotiation for the services of each Player selected and registered as
against all other Clubs up to and including June 1 of the next calendar year
following the date of his selection.
(ii) Subject to the provisions of subsection (iii) below and Sections (b), (c) and
(d) below, if, on or before June 1 of the calendar year next succeeding the
Entry Draft, the claiming Club makes a Bona Fide Offer (as defined
below) to its claimed Player of an SPC, the Club shall retain the exclusive
right of negotiation for the services of such Player up to and including the
second June 1 following the date of his selection.
(iii) Notwithstanding anything set forth in subsections (i) or (ii) above, if a
Player is drafted for the first time at age 20 and re-enters the Entry Draft at
age 22, the Club that selects him as a re-entry may retain the exclusive
negotiating rights to the Player for only one (1) year and may not acquire
exclusive negotiating rights to the Player for a second year by extending a
Bona Fide Offer; provided, however, this provision shall not apply to a
Player drafted from a club outside North America for the first time prior to
the 2013 Entry Draft whose rights, under all circumstances, shall continue
to be governed by Section 8.6(a)(ii).
(b) Drafted Players who Leave the Major Juniors prior to age 20.
Notwithstanding any provision of subsection (a) to the contrary, Clubs shall have additional
rights set forth in subsections (i), (ii) and (iii) below with respect to Players who either: (i) were
drafted while playing in the Major Juniors or (ii) other than college players described in Section
(c) below or Players drafted from a club outside North America described in Section (d) below,
play in the Juniors during the period of time that a Club holds their exclusive negotiating rights
and, in either case, cease to play in the Juniors and play in a league other than Juniors prior to
age 20.
18
ARTICLE 8 8.6-8.6
(i) If a Player who is drafted as an 18-year-old ceases to play in the Juniors in
the first League Year after he has been drafted, his drafting Club shall
have the exclusive right of negotiation for his services until the fourth June
1 following his initial selection in the Entry Draft.
(ii) If a Player who is drafted as an 18-year-old ceases to play in the Juniors in
the second League Year after he has been drafted and the Club has
tendered to such Player a Bona Fide Offer pursuant to 8.6(a)(ii), his
drafting Club shall have the exclusive right of negotiation for his services
until the fourth June 1 following his initial selection in the Entry Draft.
(iii) If a Player who is drafted for the first time as a 19-year-old ceases to play
in the Juniors in the first League Year after he has been drafted, his Club
shall have exclusive right of negotiation for his services until the third
June 1 following his initial selection in the Entry Draft. His selecting Club
may retain exclusive rights of negotiation for a fourth year by tendering
the Player a Bona Fide Offer in accordance with 8.6(a)(ii), provided that
such Bona Fide Offer may be made at any time prior to the third June 1
following his initial selection in the Entry Draft.
(iv) With the exception of the rights described in subsections (i), (ii) and (iii)
above, a Player ceasing to play in the Juniors shall have no impact on his
selecting Club's exclusive negotiating rights as set forth in 8.6(a).
(c) College Players.
(i) If a Player drafted at age 18 or 19 is a bona fide college student at the time
of his selection in the Entry Draft, or becomes a bona fide college student
prior to the first June 1 following his selection in the Entry Draft, and
remains a bona fide college student through the graduation of his college
class, his drafting Club shall retain the exclusive right of negotiation for
his services through and including the August 15 following the graduation
of his college class. The Club need not make a Bona Fide Offer to such
Player to retain such rights.
(ii) If a Player drafted at age 18 or 19 is a bona fide college student at the time
of his selection in the Entry Draft, or becomes a bona fide college student
prior to the first June 1 following his selection in the Entry Draft, and does
not remain a bona fide college student through the graduation of his
college class, his drafting Club shall retain exclusive rights for the
negotiation of his services until the later of: (a) the fourth June 1 following
his selection in the Entry Draft, or (b) thirty (30) days after NHL Central
Registry receives notice that the Player is no longer a bona fide college
student; provided that if the Player ceases to be a bona fide college student
on or after January 1 of an academic year and the Player: (1) is in his
fourth year of college and has commenced his fourth year of NCAA
eligibility, or (2) is in his fourth year of college and is scheduled to
19
ARTICLE 8 8.6-8.6
graduate from college at the end of his fourth year, then in the
circumstances described in (1) or (2), the Club shall retain the exclusive
right of negotiation for such Player's services through and including the
August 15 following the date on which he ceases to be a bona fide college
student. The Club need not make a Bona Fide Offer to such Player to
retain such rights.
(iii) If a Player drafted at age 18 or 19, who had received a Bona Fide Offer in
accordance with Section 8.6(a)(ii) above, becomes a bona fide college
student prior to the second June 1 following his selection in the Entry
Draft and remains a bona fide college student through the graduation of
his college class, his drafting Club shall retain the exclusive rights of
negotiation for his services through and including the August 15 following
the graduation of his college class.
(iv) If a Player drafted at age 18 or 19, who had received a Bona Fide Offer in
accordance with Section 8.6(a)(ii) above, becomes a bona fide college
student prior to the second June 1 following his selection in the Entry
Draft and does not remain a bona fide college student through the
graduation of his college class, his drafting Club shall retain exclusive
rights for the negotiation of his services until the later of: (a) the fourth
June 1 following his selection in the Entry Draft, or (b) thirty (30) days
after NHL Central Registry receives notice that the Player is no longer a
bona fide college student; provided that if the Player ceases to be a bona
fide college student on or after January 1 of an academic year and the
Player: (1) is in his fourth year of college and has commenced his fourth
year of NCAA eligibility, or (2) is in his fourth year of college and is
scheduled to graduate from college at the end of his fourth year, then in
the circumstances described in (1) or (2), the Club shall retain the
exclusive right of negotiation for such Player's services through and
including the August 15 following the date on which he ceases to be a
bona fide college student.
(v) If a Player drafted at age 20 or older is a bona fide college student at the
time of his selection or becomes a bona fide college student while his
drafting Club retains exclusive rights, then his drafting Club shall retain
those rights until the later of: (a) the second June 1 following the date of
his selection, or (b) thirty (30) days after NHL Central Registry receives
notice that the Player is no longer a bona fide college student; provided
that if the Player: (1) is in his fourth year of college and has commenced
his fourth year of NCAA eligibility and the Player ceases to be a bona fide
college student on or after January 1 of an academic year, or (2) is in his
fourth year of college, is scheduled to graduate from college at the end of
his fourth year and the Player ceases to be a bona fide college student on
or after January 1 of an academic year, or (3) remains a bona fide college
student through the graduation of his college class, then in the
20
ARTICLE 8 8.6-8.6
circumstances described in (1) or (2) or (3), the Club shall retain the
exclusive right of negotiation for such Player's services through and
including August 15 of that calendar year.
For purposes of the above provisions, the term "graduation of his college
class" shall mean the class with which the Player is scheduled to graduate
during his final semester of attendance (as opposed to his matriculating
class (the class with which he is expected to graduate as of the date of his
original enrollment)). For purposes of clarity, a Player's graduating class
may change during his tenure in college.
Furthermore, a Player shall be deemed to be scheduled to graduate from
college if, at the conclusion of his fourth year of college he would have
been within five percent (5%) of the minimum number of credits required
to graduate, provided, such determination shall be made assuming that in
such fourth year of college Player earned at least the number of credits
equal to the average number of credits for which he had been enrolled
during his first three years of college. It shall be the Player's responsibility
to promptly provide evidence (i.e., official school transcripts and
requirements) that he was or was not scheduled to graduate. Absent
evidence to the contrary, NHL Central Registry shall treat a Player as if he
was scheduled to graduate or remained a bona fide college student through
the graduation of his college class. Furthermore, a Player who is removed
from his Club's Reserve List as a result of the operation of the above
provisions shall be a draft-related Unrestricted Free Agent effective upon
such removal.
Any Club that retains the exclusive rights to a Player who is a bona fide
college student may request, at any time, that such Player promptly
provide a current official school transcript and the school's graduation
requirements.
As a general matter, the above provisions were not intended to cut off, and
shall not have the effect of cutting off, a Club's exclusive negotiating
rights during the period that a Player remains in college.
(d) Players Drafted from a Club Outside North America.
(i) Notwithstanding any provision of Sections 8.6(a) or (b) to the contrary, if
a Player drafted at age 18 or 19 is drafted from a club outside North
America, his drafting Club shall retain the exclusive right of negotiation
for his services through and including the fourth June 1 following his
selection in the Entry Draft. The Club need not make a Bona Fide Offer to
such Player to retain such rights.
(ii) Notwithstanding any provision of Sections 8.6(a) or (b) to the contrary, if
a Player drafted at age 20 or older is drafted from a club outside North
21
ARTICLE 8 8.7-8.9
America, his drafting Club shall retain the exclusive right of negotiation
for his services through and including the second June 1 following his
selection in the Entry Draft. The Club need not make a Bona Fide Offer to
such Player to retain such rights.
(iii) Upon the expiration of the applicable exclusive right of negotiation as
outlined in subsections (i) and (ii) above, the Player shall be a draft-related
Unrestricted Free Agent.
(e) A "Bona Fide Offer" is an offer of an SPC which is for a period corresponding to
the Player's age as required under Section 9.1(b) of this Agreement, is to commence at the start
of the next League Year, offers at least the Minimum Paragraph 1 Salary as set forth in Section
11.12 of this Agreement for each League Year covered by such offer and remains open to the
Player for at least thirty (30) days after receipt of the offer by the Player. A Bona Fide Offer
may be conditioned upon acceptance by the Player within thirty (30) days and carries no right to
salary arbitration.
(f) Except as otherwise provided in this Section, a claimed Player unsigned on the
June 1 at 5:00 p.m. New York time next succeeding his draft shall be removed from the Reserve
List of the Club that claimed him.
8.7 Age 18 and 19 Players.
(a) During the first two seasons next succeeding the draft of an age 18 Player, the
Club he signs an SPC with must first offer him to the club from which he was claimed before it
may Loan him.
(b) During the first season next succeeding the draft of an age 19 Player or a Player
who reaches his 19th birthday between September 16 and December 31, inclusive, of the year of
the Entry Draft, the Club he signs an SPC with must first offer him to the club from which he
was claimed before it may Loan him.
(c) During the seasons set forth in (a) and (b) above, the age 18 and age 19 Player,
respectively, may be Loaned to the minor league team affiliate of his Club when his Junior team
is no longer in competition and provided he has been listed on the Club's minor league eligibility
list.
8.8 Assignment of Rights. The rights acquired under the selection process under this Article
shall be transferable without Waivers to any other Club by standard assignment and the
transferee Club shall thereby acquire all of the rights of the original selecting Club.
8.9 Eligibility for Play in the League. No Player shall be eligible for play in the League
unless he:
(a) had been claimed in the last Entry Draft, or was ineligible for claim under Section
8.4; or
(b) had been eligible for claim in the last Entry Draft, but was unclaimed, and:
22
ARTICLE 8 8.10-8.11
(i) had played hockey in North America the prior season and was age 20 or
older at the time of the last Entry Draft, and signed an SPC which was
signed and registered with the League between the conclusion of the Entry
Draft and commencement of the next NHL Season.
(ii) had played hockey in North America the prior season and was under age
20 at the time of the last Entry Draft, and signed an SPC which was signed
and registered with the League between the conclusion of the Entry Draft
and commencement of the Major Juniors season (except that if such
Player had signed an NHL try-out form, which was signed and registered
with the League during the aforesaid time period, then the deadline for
signing and registering with the League an SPC with such try-out Club
shall be the commencement of the NHL Season).
(iii) had played hockey outside of North America in the prior season and was
age 22 or older at the time of the last Entry Draft and signed an SPC which
was signed and registered with the League between the conclusion of the
Entry Draft and the commencement of the next NHL Season.
(iv) The words "eligible for claim in the last Entry Draft" in subparagraph (b)
above mean "eligible for claim in all rounds of the last Entry Draft." The
words "the prior season" in subparagraph (i), (ii) and (iii) above mean "a
full season prior to the last Entry Draft."
8.10 Age of Players. As used in this Article, "age 18" means a Player reaching his eighteenth
birthday between January 1 next preceding the Entry Draft and September 15 next following the
Entry Draft, both dates included; "age 19" means a Player reaching his nineteenth birthday by no
later than September 15 in the calendar year of the Entry Draft; "age 20" means a Player reaching
his twentieth birthday by no later than December 31 in the calendar year of the Entry Draft; "age
21" means a Player reaching his twenty-first birthday by December 31 in the calendar year of the
Entry Draft; and "age 22" means a Player reaching his twenty-second birthday by December 31
in the calendar year of the Entry Draft.
8.11 NHLPA Meeting at Pre-Draft Combine. In the event that the NHL schedules a combine
or any other event involving undrafted hockey Players, the NHLPA shall be entitled to attend
and hold a private and closed meeting of those Players.
23
ARTICLE 9 9.1-9.1
ARTICLE 9
ENTRY LEVEL COMPENSATION
9.1 Applicability and Duration. Effective with SPCs entered into after the execution of this
Agreement:
(a) No Club may enter into an SPC with a Rookie that provides for compensation in
excess of that permitted by this Article.
(b) Subject to subsection (c) below, the period covered by the SPC for every Rookie,
and the number of years that such Player will be in the Entry Level System and subject to the
compensation limits set out in this Article, shall be as indicated on the chart immediately below,
and during such period, the Player shall be deemed to be a "Group 1 Player":
First SPC Signing Age
Period Covered by First SPC
and Years in the Entry Level System
and Subject to Compensation Limits
18-21 3 years
22-23 2 years
24 1 year
25 and older No required number of years, not in the Entry Level
System and not subject to limits on compensation
(c) Notwithstanding the chart set forth in (b) above, a Player who at the time he was
drafted was playing for a team outside North America or who meets the qualifications set forth in
Article 8.4(a)(v) (a "European Player") who signs his first SPC at ages 25-27 shall be subject to
the Entry Level System for one (1) year. A European Player who signs his first SPC at age 28 or
older is not subject to the Entry Level System under any circumstances.
(d) (i) In the event that an 18 year old or 19 year old Player signs an SPC with a
Club but does not play at least ten (10) NHL Games in the first season
under that SPC, the term of his SPC and his number of years in the Entry
Level System shall be extended for a period of one (1) year, except that
this automatic extension will not apply to a Player who is 19 according to
Section 9.2 by virtue of turning 20 between September 16 and December
31 in the year in which he first signs an SPC. Unless a Player and Club
expressly agree to the contrary, in the event a Player's SPC is extended an
additional year in accordance with this subsection, all terms of the SPC,
with the exception of Signing Bonuses, but including Paragraph 1 Salary,
games played bonuses and Exhibit 5 bonuses, shall be extended; provided,
however, that the Player's Paragraph 1 Salary shall be extended in all
circumstances.
24
ARTICLE 9 9.2-9.3
(ii) In the event that a Player signs his first SPC at age 18 and has had his SPC
extended pursuant to Subsection (i), and such Player does not play at least
ten (10) NHL Games in the second season under that SPC, then the term
of his SPC and his number of years in the Entry Level System shall be
extended for one (1) additional year. Unless a Player and Club expressly
agree to the contrary, in the event a Player's SPC is extended an additional
year in accordance with this Subsection, all terms of the SPC, with the
exception of Signing Bonuses, but including Paragraph 1 Salary, games
played bonuses and Exhibit 5 bonuses, shall be extended; provided,
however, that the Player's Paragraph 1 Salary shall be extended in all
circumstances.
(iii) In the event a Player ceases to render his playing services called for under
his SPC (except as a result of injury, illness or disability) during such
period that he is in the Entry Level System, then during such non-playing
period, the Player's number of years in the Entry Level System shall be
extended for a period equal to the remaining unfulfilled portion of his
SPC.
(iv) The return dates to Major Juniors (as established by Agreement between
the NHL and the Canadian Hockey League, dated May 2, 1995 (or any
successor or similar agreement so long as there is no material change in
those return dates)), and the minor leagues (as set forth in Section 8.7) are
hereby confirmed and affirmed and are continued during the term of this
Agreement and any extension hereof (e.g., return dates, prohibition on
sending underage players to minors).
9.2 Age of Players. As used in this Article, "age," including "First SPC Signing Age," means
a Player's age on September 15 of the calendar year in which he signs an SPC, regardless of his
actual age on the date he signs such SPC.
9.3 Entry Level Compensation Limits.
(a) The maximum annual aggregate Paragraph 1 NHL Salary, Signing Bonuses and
games played bonuses permitted to be paid to a Group 1 Player in each League Year of his first
SPC shall be as follows:
Draft Year NHL Compensation
2005 US$ 850,000
2006 US$ 850,000
2007 US$ 875,000
2008 US$ 875,000
25
ARTICLE 9 9.4-9.4
Draft Year NHL Compensation
2009 US$ 900,000
2010 US$ 900,000
2011 - 2022 US$ 925,000
For example, an 18 year old Player drafted in 2013 and signing an SPC at the age of 19 must
sign a three-year SPC, with a maximum compensation of U.S. $925,000 per League Year.
(b) The aggregate of all Signing Bonuses attributable to any League Year to be paid
to a Group 1 Player may not exceed 10% of the Player's compensation for such League Year.
Games played bonuses attributable to a League Year shall be included in compensation for that
League Year at their full potential value (i.e., assuming all such bonuses are earned) and shall be
treated as Paragraph 1 NHL Salary. A Group 1 Player may not contract for or receive any
bonuses whatsoever other than a Signing Bonus, a games played bonus and Exhibit 5 Bonuses.
(c) The provisions of this Article 9 (including without limitation, the terms specified
in Exhibit 5) shall have no application to any Player other than a Player who is subject to the
Entry Level System in accordance with this Article 9.
(d) Draft-related Unrestricted Free Agents will be subject to the maximum annual
aggregate compensation limits set forth in this Section 9.3 applicable in the Entry Draft year
immediately preceding the date on which the Player signs his Entry Level SPC. Such a Player
will be subject to all of the other terms and provisions of this Article 9, including without
limitation, the terms of Exhibit 5 and the maximum annual Signing Bonus for a draft-related
Unrestricted Free Agent will be limited to 10% of the Player's compensation in any League Year.
(e) An SPC for a Group 1 Player, which is filed with Central Registry after the Club's
last Regular Season Game, and which is to be effective for the League Year during which it is
filed, may contain a Signing Bonus payable during that first (the current) League Year only if: (i)
such SPC is a multi-year SPC, (ii) such Club is currently playing in the Playoffs, (iii) such Player
is eligible to play in the Playoffs, and (iv) the SPC is signed and filed with Central Registry by
5:00 pm New York time no later than the day prior to the Club's last NHL Game in that League
Year.
9.4 Minor League Compensation. Each SPC entered into with a Rookie in the Entry Level
System shall automatically be deemed to be a "two way" SPC with a minor league salary equal
to the Paragraph 1 Minor League Salary set forth in such SPC or, if no minor league salary is set
forth, the greater of (i) $35,000 and (ii) the minimum minor league salary provided for Players in
the Minors; provided, however, in no event may such an SPC provide for minor league
compensation, including any bonuses for games played, greater than the amount indicated on the
following chart:
26
ARTICLE 9 9.5-9.7
Draft Year
Maximum Minor League
Compensation
2005 US$ 62,500
2006 US$ 62,500
2007 US$ 65,000
2008 US$ 65,000
2009 US$ 67,500
2010 US$ 67,500
2011 - 2022 US$ 70,000
A Group 1 Player may not contract for or receive any bonuses for minor league service other
than a games played bonus.
The maximum compensation payable to a Group 1 Player who is playing in the Major Juniors
shall be U.S. $10,500 per League Year.
9.5 Exhibit 5 Performance Bonuses. Clubs and Players may negotiate, and a Player who is
subject to the Entry Level System under Article 9 may be paid bonuses for the types of
performance, and in the maximum amounts, set forth in Exhibit 5.
9.6 Loans to East Coast Hockey League. Players who are party to an Entry Level SPC may
be Loaned to the East Coast Hockey League ("ECHL") without the requirement of Player
consent, provided the Player will continue to be paid the stated amount of the AHL portion of his
two-way SPC.
9.7 Games Played Bonuses for Group 1 Players. Games played bonuses may be provided to
a Group 1 Player only for: (i) five (5) games played, (ii) ten (10) games played, and (iii) more
than ten (10) games played. Such bonuses shall be subject to the maximum limit on the amount
payable and subject to the other conditions for such bonuses, as set forth below.
(a) Subject to the Entry Level compensation limits set forth in Section 9.3 above, for
Skaters: (i) bonuses awarded for five (5) games played shall be limited to a maximum of $25,000
in the aggregate; and (ii) bonuses awarded for ten (10) or more games played are not limited as
to the maximum amount of the bonus; and
(b) Subject to the Entry Level compensation limits set forth in Section 9.3 above, for
Goalies: (i) bonuses awarded for five (5) games played shall be limited to a maximum of
$50,000 in the aggregate, with a minimum time-on-ice requirement of at least 30 minutes per
27
ARTICLE 9 9.7-9.7
game; and (ii) bonuses awarded for ten (10) or more games played are not limited as to the
amount of the bonus, and shall not require a minimum amount of time-on-ice in any game; and
(c) Final National Hockey League official statistics shall be utilized in determining
whether a Player earned a game played.
28
ARTICLE 10 10.1-10.1
ARTICLE 10
FREE AGENCY
10.1 Unrestricted Free Agents.
(a) Group 3 Players and Free Agents.
(i) Any Player who either has seven (7) Accrued Seasons or is 27 years of age
or older as of June 30 of the end of a League Year, shall, if his most recent
SPC has expired, with such expiry occurring either as of June 30 of such
League Year or June 30 of any prior League Year, become an Unrestricted
Free Agent. Such Player shall be completely free to negotiate and sign an
SPC with any Club, and any Club shall be completely free to negotiate and
sign an SPC with such Player, without penalty or restriction, or being
subject to any Right of First Refusal, Draft Choice Compensation or any
other compensation or equalization obligation of any kind.
(ii) An Unrestricted Free Agent shall not be subject to any limitations on the
period of time before which he may qualify as an Unrestricted Free Agent
again, or to any limitations on the number of times he may become an
Unrestricted Free Agent, except for a Group 5 Player, who may only elect
to become a Group 5 Player once, but who may qualify to be another type
of Unrestricted Free Agent in accordance with the terms of this
Agreement.
(b) Group 5 Free Agents.
(i) Means any Player who has completed ten (10) or more professional
seasons (minor league or NHL seasons, but excluding any season in Major
Juniors), and who did not earn in the final year of his SPC more than that
year's Average League Salary, provided that such Player has not
previously elected to become an Unrestricted Free Agent pursuant to the
terms of Section 10.1(b)(ii) below or the terms governing Group 5 Free
Agents in any collective bargaining agreement preceding this Agreement.
For the purposes of the foregoing, the term "professional season" shall:
(A) for a Player aged 18 or 19, mean any season in which such Player
plays in eleven (11) or more Professional Games (including NHL Regular
Season and Playoff Games, minor league regular season and playoff
games, and games played in any European professional league, while
under an SPC), and (B) for a Player aged 20 or older, mean any season in
which such Player plays in one or more Professional Games (including
NHL Regular Season and Playoff Games, minor league regular season and
playoff games, and games played in any European professional league,
while under an SPC).
(ii) Any Group 5 Player shall be entitled at the expiration of his SPC to elect
to become an Unrestricted Free Agent by notifying in writing the League
29
ARTICLE 10 10.1-10.1
and his Prior Club, in accordance with Exhibit 3 hereof, of such election
on or before July 10 (or such other date as may be agreed in an applicable
critical date calendar agreed to by the League and the NHLPA) of the
League Year in which such Player qualifies to become a Free Agent
pursuant to this subsection. Upon making such election, such Player shall
be completely free to negotiate and sign an SPC with any Club, and any
Club shall be completely free to negotiate and sign an SPC with such
Player, without penalty or restriction, or being subject to any Right of First
Refusal, Draft Choice Compensation or any other compensation or
equalization obligation of any kind.
(c) Group 6 Free Agents.
(i) Means any Player who is age 25 or older who has completed three (3) or
more professional seasons, whose SPC has expired and: (i) in the case of a
Player other than a goaltender, has played less than 80 NHL Games, or (ii)
in the case of a goaltender, has played less than 28 NHL Games (for the
purpose of this definition, a goaltender must have played a minimum of
thirty (30) minutes in an NHL Game to register a game played). For the
purposes of the foregoing, the term professional season shall: (A) for a
Player aged 18 or 19, mean any season in which such Player plays in
eleven (11) or more Professional Games (including NHL Regular Season
and Playoff Games, minor league regular season and playoff games, and
games played in any European professional league, while under an SPC),
and (B) for a Player aged 20 or older, mean any season in which such
Player plays in one or more Professional Games (including NHL Regular
Season and Playoff Games, minor league regular season and playoff
games, and games played in any European professional league, while
under an SPC).
(ii) Any Group 6 Player shall, at the expiration of his SPC, become an
Unrestricted Free Agent and shall be completely free to negotiate and sign
an SPC with any Club, and any Club shall be completely free to negotiate
and sign an SPC with such Player, without penalty or restriction, or being
subject to any Right of First Refusal, Draft Choice Compensation or any
other compensation or equalization obligation of any kind.
(d) Draft-Related Unrestricted Free Agents.
(i) Any Player not eligible for claim in any future Entry Draft pursuant to this
Agreement and not on a Club's Reserve List shall be an Unrestricted Free
Agent. Further, any Player eligible for claim in the Entry Draft, but who
was unclaimed, shall be an Unrestricted Free Agent subject to the
provisions of Section 8.9(b).
(ii) Each Player referred to in subsection (d)(i) above shall, during the period
of his Free Agency in accordance with Section 8.9(b), if applicable, be
30
ARTICLE 10 10.2-10.2
completely free to negotiate and sign an SPC with any Club, and any Club
shall be completely free to negotiate and sign an SPC with such Player,
without penalty or restriction subject to the provisions of Article 9 of this
Agreement, if applicable, and without being subject to any Right of First
Refusal, Draft Choice Compensation or any other compensation or
equalization obligation of any kind.
10.2 Restricted Free Agents.
(a) Group 2 Players and Free Agents.
(i) (A) Any Player who meets the qualifications set forth in the following
chart and: (1) is not a Group 1 Player or a Group 4 Player, and (2) is not
an Unrestricted Free Agent, shall be deemed to be a "Group 2 Player" and
shall, at the expiration of his SPC, become a Restricted Free Agent. Any
such Player shall be completely free to negotiate and sign an SPC with any
Club, and any Club shall be completely free to negotiate and sign an SPC
with any such Player, subject to the provisions set forth in this Section. As
used in this Section 10.2, "age," including "First SPC Signing Age" means
a Player's age on September 15 of the calendar year in which he signs an
SPC regardless of his actual age on the date he signs such SPC.
First SPC Signing Age Eligible for Group 2 Free Agency
18 - 21 3 years professional experience
22 - 23 2 years professional experience
24 or older 1 year professional experience
For the purposes of this Section 10.2(a), a Player aged 18 or 19 earns a
year of professional experience by playing ten (10) or more NHL Games
in a given NHL Season, and a Player aged 20 or older (or who turns 20
between September 16 and December 31 of the year in which he signs his
first SPC) earns a year of professional experience by playing ten (10) or
more Professional Games under an SPC in a given League Year.
(B) Notwithstanding the foregoing, if a Group 2 Player requests salary
arbitration, or a Club requests salary arbitration, pursuant to Article 12,
such Player will not be eligible to negotiate with any Club other than his
Prior Club or sign an Offer Sheet pursuant to this Article 10, except as
provided in Sections 12.3(a) and 12.10.
(ii) In order to receive a Right of First Refusal or Draft Choice Compensation
(at the Prior Club's option) with respect to a Restricted Free Agent, the
Prior Club of a Restricted Free Agent must tender to the Player, no later
than 5:00 p.m. New York time on the later of June 25 or the first Monday
after the Entry Draft of the final year of the Player's SPC, a "Qualifying
Offer", which shall be an offer of an SPC, for one League Year, which is
subject to salary arbitration if such Player is otherwise eligible for salary
31
ARTICLE 10 10.2-10.2
arbitration in accordance with Section 12.1, on at least the following terms
and conditions:
(A) if the Player's prior year's Paragraph 1 NHL

[quote=Tumbleweed]1
PREAMBLE
PREAMBLE
This Collective Bargaining Agreement, together with all Exhibits hereto ("CBA" or
"Agreement"), which is the product of bona fide, arm's length collective bargaining, is entered
into the 15th day of February, 2013, by and between the National Hockey League, a joint venture
organized as a not-for-profit unincorporated association ("NHL" or "League"), which is
recognized as the sole and exclusive bargaining representative of the present and future Clubs of
the NHL, and the National Hockey League Players' Association ("NHLPA" or "Association"),
which is recognized as the sole and exclusive bargaining representative of present and future
Players in the NHL. The NHL and the NHLPA hereafter shall be referred to collectively as "the
parties". This CBA supersedes and replaces all prior collective bargaining agreements between
the parties.
2
ARTICLE 1
ARTICLE 1
DEFINITIONS
As used in this Agreement, the following terms shall have the following
meanings:
"Accrued Season" means any League Year during which a Player was on a
Club's Active Roster for 40 (30 if the Player is a goalie) or more Regular Season Games,
provided that, for the purposes of calculating an Accrued Season under this Agreement, games
missed due to a hockey-related injury incurred while on a Club's Active Roster shall count as
games played for purposes of calculating an Accrued Season but only during the League Year in
which the injury was incurred and a maximum of one additional season.
"Active Roster" shall be determined as follows: Commencing on the day prior to
the start of the Regular Season, and concluding with each respective Club's last NHL Game in a
League Year, Active Roster shall include all Players on a Club's Reserve List who are signed to
an approved and registered SPC, subject to the provisions of Article 11, and who are not on the
Injured Reserve List, Injured Non-Roster, designated Non-Roster, or Loaned. A Player who is on
a Conditioning Loan is included on a Club's Active Roster. During Training Camp, a Player shall
be deemed to be on the Club's Active Roster only if he had been on the Club's Active Roster
after the Trade Deadline in the preceding season on other than an emergency recall basis.
"Agent Certification Program" means the program by which the NHLPA
certifies agents to represent Players in individual SPC negotiations with Clubs.
"Agreement" or "CBA" or "Collective Bargaining Agreement" means the
Collective Bargaining Agreement in effect between the NHL and the NHLPA as of the Effective
Date.
"All-Star Game" means the hockey game so designated by the NHL in which
All-Star Players play.
"Assign" means the transfer of the rights to a Player and/or any existing SPC from
one Club's Reserve List or Free Agent List(s) to another Club's Reserve List or Free Agent
List(s) via Trade, or Waivers.
"Average League Salary" means, with respect to any League Year, the League
average salary for such League Year determined in accordance with the principles set forth in the
decision of the Arbitrator Nicolau in the average league salary dispute dated March 20, 1995.
"Bona Fide Offer" shall have the meaning set forth in Section 8.6(e) of this
Agreement.
"Bonuses" shall have the meaning set forth in Article 50 of this Agreement.
"Buy-Out" or "Ordinary Course Buy-Out" shall have the meaning set forth in
Section 50.9(i) of this Agreement and Paragraph 13 of the SPC.
3
ARTICLE 1
"Buy-Out Period" shall have the meaning set forth in Paragraph 13(d) of the
SPC.
"Certified Agent" means an agent duly certified by the NHLPA to represent
Players in individual SPC negotiations with Clubs.
"Certified Agent List" shall have the meaning set forth in Section 6.1 of this
Agreement.
"Club" means a Member Club of the National Hockey League, and its assignees,
as set forth in Article 3.1 of the NHL Constitution.
"Club Actor" shall have the meaning set forth in Section 26.2 of this Agreement.
"Club Health Professionals" means a Club's: team physicians, consulting
neuropsychologists, athletic trainers and/or therapists, hospitals, laboratories, clinics, and other
medical or health professionals or organizations.
"Club Personnel" means a Club's coaching staff, owners, presidents, executives,
hockey operations staff, general managers, assistant general managers, human resources
personnel, and Club Health Professionals.
"Commissioner" means the Commissioner of the National Hockey League.
"Commissioner Discipline for Off-Ice Conduct" shall have the meaning set
forth in Section 18-A.1 of this Agreement.
"Comparable Exhibit" shall have the meaning set forth in Section 12.9(g)(v) of
this Agreement.
"Compensatory Draft Selection" means a draft pick awarded to a Club pursuant
to the terms of Section 8.3 of this Agreement.
"Competition Committee" shall have the meaning set forth in Article 22 of this
Agreement.
"Conditioning Camp" shall have the meaning set forth in Section 15.10 of this
Agreement.
"Conditioning Loan" means the Loan of a Player on a Club's Active Roster, for
conditioning reasons, in accordance with the terms of Section 13.8 of this Agreement.
"Defected Player" shall have the meaning set forth in Section 10.2(b) of this
Agreement.
"Deferred Compensation" or "Deferred Salary" shall have the meaning set
forth in Section 50.2(a)(ii)(A) of this Agreement.
4
ARTICLE 1
"Disclosure Statement" shall have the meaning set forth in Section 17.8 of this
Agreement.
"Draft Choice Compensation" means the right of any Club pursuant to Section
10.4 of this Agreement to receive draft pick(s) from another Club, to compensate the Club for the
loss of a Restricted Free Agent.
"Effective Date" has the meaning set forth in Section 3.1(a) of this Agreement.
"Entry Draft" means the NHL's annual draft of Rookie hockey players as
described in Article 8 (Entry Draft) of this Agreement.
"European Player" has the meaning set forth in Section 9.1(c) of this Agreement.
"Exhibition Game" means any game played by a Club that is not scheduled as a
Regular Season Game or Playoff Game, including games played during Training Camp.
"First Refusal Exercise Notice" shall have the meaning set forth in Section
10.3(b) of this Agreement.
"Free Agent" means a Restricted Free Agent and/or an Unrestricted Free Agent.
"Free Agent Lists" shall have the meaning set out in Section 10.3(j) of this
Agreement.
"Goaltender Exemption" shall have the meaning set forth in Section 16.13 of
this Agreement.
"Grievance" shall have the meaning set forth in Section 17.1 of this Agreement.
"Grievance Committee" has the meaning and purpose set forth in Section 17.4 of
this Agreement.
"Group 1 Player" has the meaning set forth in Section 9.1(b) of this Agreement.
"Group 2 Player" has the meaning set forth in Section 10.2(a)(i) of this
Agreement.
"Group 3 Player" has the meaning set forth in Section 10.1(a) of this Agreement.
"Group 4 Player" means a Player who has never signed an SPC and who
becomes a Free Agent after having met the conditions for a Defected Player in Section 10.2(b)(i)
of this Agreement.
"Group 5 Player" shall have the meaning set forth in Section 10.1(b) of this
Agreement.
5
ARTICLE 1
"Group 6 Player" shall have the meaning set forth in Section 10.1(c) of this
Agreement.
"Impartial Arbitrator" means the person authorized by this Agreement to hear
and resolve specified disputes as provided in Article 17 of this Agreement.
"Injured Non-Roster" shall have the meaning set forth in Section 16.11(a) of this
Agreement.
"Injured Reserve List" or "Injured Reserve" means the list of all Players who,
because of injury, illness, or disability are deemed by their respective Clubs to be unable to
render playing services to such Clubs for an extended period of time as set forth in Article 16 of
this Agreement.
"Insured Roster" means the Players under SPC to a Club who, during the NHL
Regular Season or Playoffs, are specifically assigned to such Club, or who are on a Conditioning
Loan in accordance with the terms of this Agreement. During Training Camp, a Player shall be
deemed on the Club's "Insured Roster" only if he had been on the Club's roster after the Trading
Deadline in the preceding season on other than an emergency recall basis.
"International Committee" shall have the meaning set forth in Section 24.1(a) of
this Agreement.
"International Hockey Game" shall have the meaning set forth in Section
24.1(a) of this Agreement.
"League" or "NHL" refers to the National Hockey League.
"League Rules" means the Constitution and By-Laws, resolutions, rules, and
regulations of the NHL (other than this Agreement) and/or any official interpretations of any of
them.
"League Year" means the period from July 1 of one calendar year to and
including June 30 of the following calendar year or such other one year period to which the NHL
and the NHLPA may agree.
"Living Companion" the criteria for Living Companion status is as follows: (a)
the persons are not related by blood; (b) neither person is married; (c) the persons share a
primary residence; (d) the persons have been living together for at least six (6) months and (e)
the persons are at least eighteen (18) years of age.
"Loan" means the transfer of a Player from a Club's Active Roster, Non-Roster,
Injured Non-Roster or Injured Reserve List to the roster of a club outside the NHL.
"Major Juniors" or "Juniors" means the Canadian Hockey League, including the
Western Hockey League, Ontario Hockey League and the Quebec Major Junior Hockey League.
6
ARTICLE 1
"Medical Information" means all medical and/or health information about a
Player including, but not limited to, all past, present or future: health, medical or surgical
records; medical or health questionnaire(s); information relating to any injury, sickness, disease,
condition, medical history, or medical, mental, or clinical status, or diagnosis, treatment or
prognosis; clinical or treatment notes or reports; fitness to play determinations; test results
(including, but not limited to, the results of neuropsychological testing); laboratory reports, xrays
or diagnosis imaging results; and data relating to any testing or medical study.
"Minimum Paragraph 1 Salary" shall have the meaning set forth in Section
11.12 of this Agreement.
"Minors" or "Minor League" means the American Hockey League.
"Minor League Compensation" shall have the meaning set forth in Section 9.4
of this Agreement.
"NHL Games" means Regular Season Games and Playoff Games.
"NHL Season" means the time period corresponding to the Regular Season and
Playoffs.
"NHLPA" refers to the National Hockey League Players' Association.
"Non-Roster" or "Non-Roster List" shall have the meaning set forth in Section
16.12 of this Agreement.
"Offer Sheet" shall have the meaning set forth in Section 10.3 of this Agreement.
"One-Way Qualifying Offer" means a Qualifying Offer that provides for a
Paragraph 1 NHL Salary regardless of whether such Player plays in the NHL or is Loaned.
"Paragraph 1 Minor League Salary" means the salary earned by a Player for
play in the minor leagues, as set forth in Paragraph 1 of his SPC.
"Paragraph 1 NHL Salary" means the salary earned by a Player for play in the
NHL, as set forth in Paragraph 1 of his SPC.
"Paragraph 1 Salary" includes a Player's Paragraph 1 NHL Salary and his
Paragraph 1 Minor League Salary.
"Player(s)" means a hockey player who is party to an SPC, a Rookie, Unsigned
Draft Choices, and Free Agents.
"Player Actor" shall have the meaning set forth in Section 26.2 of this
Agreement.
"Player Salary" shall have the meaning set forth in Article 50 of this Agreement.
7
ARTICLE 1
"Playing Roster" means, with respect to each Club's respective Exhibition Game,
International Hockey Game, and NHL Game, the Players on such Club's Active Roster who are
dressed to play.
"Playing Season Waiver Period" shall have the meaning set forth in Section
13.2 of this Agreement.
"Playoffs," "Stanley Cup Playoffs" or "Playoff Games" means the games or
schedule of games, as appropriate, conducted by the NHL following the conclusion of the
Regular Season, which lead to the determination of the winner of the Stanley Cup
Championship, in accordance with the provisions of Section 27 of the NHL By-Laws and Article
16 of this Agreement.
"Prior Club" means, in any League Year, the Club that contracted with or
otherwise last held the playing rights for a Player for the prior League Year.
"Prior Year's Salary" means, with respect to any Player, the Paragraph 1 Salary,
for the final League Year of such Player's most recent SPC.
"Professional Games" includes the following: any NHL Games played, all minor
league regular season and playoff games and any other professional games played, including but
not limited to, games played in any European league or any other league outside North America,
by a Player pursuant to his SPC.
"Qualifying Offer" shall have the meaning set forth in Section 10.2(a) of this
Agreement.
"Recall" means the transfer of a Player from a roster of a club outside the NHL to
a Club's Active Roster.
"Regular Season Games" or "Regular Season" means the NHL Games or the
time period, respectively, included in the League Schedule of Championship Games.
"Reserve List" means the list of all Players to whom a Club has rights including
all Unsigned Draft Choices, all Players signed to an SPC (whether or not currently playing in the
NHL), and all Players who have signed an SPC but who have subsequently been returned to
Juniors. A Club may have on its Reserve List, at any one time, not more than 90 Players, which
shall include the following:
(a) Not more than 50 Players signed to an SPC and not less than 24 Players and 3
goalkeepers under an SPC. Age 18 and age 19 Players who were returned to Juniors, and who
have not played 11 NHL Games in one season, shall be exempt from inclusion in the 50 Player
limit.
Any Club violating this provision shall be liable to loss of draft choices as determined by
the Commissioner.
(b) Unsigned Draft Choices.
8
ARTICLE 1
"Restricted Free Agent" means a Player whose SPC has expired, but who is still
subject to a Right of First Refusal and/or Draft Choice Compensation in favor of his Prior Club
as described in Article 10 of this Agreement.
"Right of First Refusal" means the right of a Club, as described in Article 10, to
retain the services of certain Players by matching offers made to those Players.
"Rookie" means a hockey player who has never signed an SPC.
"Salary Arbitrator" shall mean the person(s) selected pursuant to Article 12 to
hear and resolve salary arbitration proceedings in accordance with the procedures and terms set
forth in Article 12.
"Signing Bonuses" shall mean any compensation paid for signing an SPC.
"Standard Player's Contract" or "SPC" means the standard form contract
attached hereto as Exhibit 1 which will be the sole form of employment contract used for all
Player signings after the execution of this Agreement.
"Supplementary Discipline for On-Ice Conduct" shall have the meaning set
forth in Section 18.1 of this Agreement.
"System Arbitrator" means the person authorized by this Agreement to hear and
resolve specified disputes as provided in Section 48.5 of this Agreement.
"System Grievance" shall have the meaning set forth in Section 48.1(a) of this
Agreement.
"Trade" means the transfer, other than as a result of a claim by Waivers, from one
Club's Reserve List or Free Agent List to another Club's Reserve List or Free Agent List of a
Player's SPC, the rights to a Player (including his SPC, if applicable) on such Club's Reserve List
or Free Agent List, and/or the rights to a draft choice in the Entry Draft.
"Trade Deadline" shall have the meaning set forth in Section 13.12(j) of this
Agreement.
"Training Camp" means the camp held by Clubs prior to the start of the Regular
Season in accordance with the provisions set forth in Article 15 of this Agreement.
"Two-Way Qualifying Offer" means a Qualifying Offer that provides for a
Paragraph 1 NHL Salary to be effective when the Player is in the NHL, and a Paragraph 1 Minor
League Salary to be effective when the Player is Loaned to a club outside the NHL.
"Unconditional Waivers" means the process by which the rights to a Player are
offered to all other Clubs, without a right of recall at a Waiver price of one-hundred and twentyfive
dollars ($125) prior to a Club exercising its right to terminate a Player's SPC pursuant to
Article 13 of this Agreement and Paragraph 13(a) of the SPC.
9
ARTICLE 1
"Unrestricted Free Agent" means a Player who: (a) has either never signed an
SPC or whose SPC has expired, or has been terminated or bought out by a Club; and (b) who
otherwise is not subject to any exclusive negotiating rights, Right of First Refusal, or Draft
Choice Compensation in favor of any Club (including, without limitation, Players referred to in
Section 10.1 or 10.2(a)(iv) of this Agreement or a Player who becomes an Unrestricted Free
Agent as a result of a Club exercising its walkaway rights under Article 12 of this Agreement).
"Unsigned Draft Choice" means a Player selected by a Club in an Entry Draft,
who has not yet been signed to his first SPC.
"Waivers" means the process by which the rights to a Player are offered to all
other Clubs pursuant to the procedure set forth in Article 13 of this Agreement and shall include
Regular and Unconditional Waivers.
10
ARTICLE 2 2.1-2.3
ARTICLE 2
RECOGNITION
2.1 Recognition. The NHL recognizes the NHLPA as the exclusive bargaining
representative of all present and future Players employed as such in the League by the Clubs, but
not including any other Club employees. The NHL and NHLPA agree that notwithstanding the
foregoing, and to the extent consistent with this Agreement, such Players, acting individually or
through Certified Agents, and Clubs may, on an individual basis, bargain with respect to and
agree upon an individual Player Salary and Bonuses over and above the minimum requirements
established herein and other provisions that are not inconsistent with the terms of this Agreement.
2.2 NHLPA Meetings. The NHLPA may hold meetings at Club facilities with the Players of
each Club during Training Camp and the Regular Season, provided the arrangements for each
meeting have been cleared through the General Manager of the Club involved and that no such
meeting shall interfere with the training, practice or operation of the Club. Clearance shall not be
unreasonably withheld.
2.3 NHLPA Access. The NHLPA shall be provided reasonable access to Club facilities and
Players at reasonable times. Such right of access shall include reasonable access to Conditioning
Camps.
11
ARTICLE 3 3.1-3.2
ARTICLE 3
DURATION OF AGREEMENT
3.1 Term.
(a) This Agreement is effective retroactive to September 16, 2012 (the "Effective
Date"), and shall remain in full force and effect until midnight New York time on September 15,
2022, and shall remain in effect from year to year thereafter unless and until either party shall
deliver to the other a written notice of termination of this Agreement at least 120 days prior to
September 15, 2022 or not less than a like period in any year thereafter.
(b) Notwithstanding anything to the contrary set forth in subparagraph 3.1(a), either
party shall have the right to terminate this Agreement effective midnight September 15, 2020
("early termination") by providing notice as specified hereafter.
(i) The NHL may exercise its option for early termination by delivery of
written notification to the NHLPA of its election to do so on or before
September 1, 2019.
(ii) If the NHL has not already done so, the NHLPA may exercise its option
for early termination by delivery of written notification to the NHL of its
election to do so on or before September 15, 2019.
3.2 Binding Agreement. This Agreement shall be binding upon and inure to the benefit of
the NHL, the Clubs, the NHLPA and all Players, and their respective successors or assigns.
12
ARTICLE 4 4.1-4.3
ARTICLE 4
UNION SECURITY AND CHECK-OFF
4.1 Membership. Every Player has the option of joining or not joining the NHLPA;
provided, however, that as a condition of employment as a Player for the duration of this
Agreement and wherever and whenever legal:
(a) any Player who is, or later becomes, a member in good standing of the NHLPA
must maintain his membership in good standing in the NHLPA; or
(b) any Player who is not a member in good standing of the NHLPA must, on the
30th day following the beginning of his employment as a Player, pay, pursuant to Section 4.2
below or otherwise, to the NHLPA an annual service fee in the same amount as the periodic
dues.
4.2 Check-off. Each Club will deduct from the Paragraph 1 NHL Salary of each Player who
voluntarily authorizes and directs such deduction in accordance with this Article, an amount
equal to the periodic dues and any assessments of the NHLPA. The said amount shall be
deducted from the Player's Paragraph 1 NHL Salary on a monthly basis and shall be remitted by
the Club to the NHLPA. The NHLPA shall advise each Club in writing as to the amount to be
deducted for each deduction period. Each such authorization by a Player shall be in writing in
the form attached hereto as Exhibit 2, and shall be governed by the provisions hereof.
4.3 Indemnification. Consistent with the NHLPA's responsibility to obtain from Players and
file with Clubs written check-off authorizations, the NHLPA shall be solely responsible for
paying refunds to Players for any sums that were deducted not in conformity with the provisions
of the NHLPA Constitution and Bylaws or applicable law. Further, the NHLPA shall indemnify
each Club and the NHL against, and hold them harmless from, any claim paid or incurred on
account of any finding that a deduction or payment of any amount under Section 4.2 hereof was
wrongful or invalid.
13
ARTICLE 5
ARTICLE 5
MANAGEMENT RIGHTS
Each Club, and, where appropriate, the League, in the exercise of its functions of
management, shall in addition to its other inherent and legal rights to manage its business,
including the direction and control of its team, have the right at any time and from time to time to
determine when, where, how and under what circumstances it wishes to operate, suspend,
discontinue, sell or move and to determine the manner and the rules by which its team shall play
hockey. Nothing in this Article shall, however, authorize a Club or the League to violate any
provision of this Agreement or of any SPC.
All of the rights which were inherent in each Club and where appropriate the
League, as owner and operator of its business, including its team, or incident to the management
thereof, which existed prior to the selection of the NHLPA as exclusive bargaining representative
by the Players and which are not expressly curtailed or contracted away by a specific provision
of this Agreement or by any SPC are retained solely by each Club. A Club, and where
appropriate the League, may take any action not in violation of any applicable provision of this
Agreement, any SPC, or law in the exercise of its management rights.
14
ARTICLE 6 6.1-6.5
ARTICLE 6
NHLPA AGENT CERTIFICATION
6.1 Exclusive Representation. The NHL and the Clubs recognize that the NHLPA, in
accordance with its role as exclusive bargaining agent for Players, certifies and regulates the
conduct of agents who are authorized to represent Players in individual SPC negotiations with
Clubs. The Clubs may not engage in negotiations for a Player's individual SPC with any person
other than the Player or an agent certified by the NHLPA ("Certified Agent"). The NHLPA shall,
within three (3) business days following the execution of this Agreement, provide to the NHL in
electronic format a comprehensive list (the "Certified Agent List"), which Certified Agent List
shall set forth: (i) all currently Certified Agents (in alphabetical order by last name), and (ii) for
each Player (in alphabetical order by last name), the name of his Certified Agent(s) (in the event
the Player has more than one Certified Agent, the Certified Agent List shall designate which
Certified Agent is the Player's primary Certified Agent), if any, such Certified Agent's agency
affiliation(s), if any, mailing address, telephone number, e-mail address and facsimile number (if
utilized by the Certified Agent). The NHLPA shall thereafter provide to the NHL in electronic
format, on a weekly basis or more frequently at the NHLPA's discretion, any additions, deletions
or other modifications to the Certified Agent List, and on a monthly basis or more frequently at
the NHLPA's discretion, an updated current and complete Certified Agent List. Clubs will be
required to be in compliance with, and shall be entitled to rely upon, the Certified Agent List
most recently provided by the NHLPA. The NHL and Clubs will not distribute publicly the
Certified Agent List, including posting it on any website.
6.2 Player SPCs. No Club shall enter into an SPC with any Player, and the NHL shall not
register or approve any SPC unless such Player: (i) was represented in the negotiations by a
Certified Agent, or (ii) if Player has no Certified Agent, acts on his own behalf in negotiating
such SPC.
6.3 Indemnification. The NHLPA shall indemnify the NHL and any of its Clubs against, and
save them harmless from, any claim made or judgment incurred on account of its or their refusal
to negotiate with an agent or representative not certified by the NHLPA in accordance with the
NHLPA's Agent Certification Program.
6.4 Agent Certification Program. The NHLPA shall provide to the League an updated
current copy of the Agent Certification Program within seven (7) business days after any
additions, deletions or other modifications have been made thereto, with such additions,
deletions or other modifications clearly indicated thereon. In addition, the NHLPA shall provide
to the League an updated current copy of the Agent Certification Program within seven (7)
business days following any League request therefor.
6.5 No Amendment. In the event the NHLPA wishes to make a material change to the Agent
Certification Program, the NHLPA shall notify the League at least sixty (60) days before such
change is to take effect and shall afford the League a reasonable period of time prior to the
implementation thereof for the purpose of conferring regarding any such changes.
15
ARTICLE 7 7.1-7.3
ARTICLE 7
NO STRIKE, NO DISCRIMINATION AND OTHER UNDERTAKINGS
7.1 (a) Neither the NHLPA nor any Player shall authorize, encourage, or engage in any
strike, work stoppage, slowdown or other concerted interference with the activities of any Club
or of the League during the term of this Agreement. Nor shall any Player decline to play or
practice or in concert with any other person otherwise interfere with the activities of any Club or
the League, or individually or in concert encourage any other Player to do so because of
picketing or a labor dispute involving any other labor organization. The NHLPA shall not
support or condone any action of any Player which is not in accordance with this Section 7.1 and
the NHLPA shall exert reasonable efforts to induce compliance therewith.
(b) Neither the League nor any Club shall engage in a lockout during the term of this
Agreement.
7.2 Neither the NHLPA, the NHL, nor any Club shall discriminate in the interpretation or
application of this Agreement against or in favor of any Player because of religion, race,
disability, color, national origin, sex, sexual orientation, age, marital status, or membership or
non-membership in or support of or non-support of any labor organization.
7.3 Except where otherwise permitted, no Player who is a party to an SPC with a Club shall,
during the term of such SPC, enter into negotiations with another Club.
16
ARTICLE 8 8.1-8.5
ARTICLE 8
ENTRY DRAFT
8.1 General. Commencing with the 2013 Entry Draft and with respect to the Entry Draft to
be held each League Year thereafter, the provisions of this Article 8 shall apply. Each Entry
Draft will be held in June, on a date which shall be determined by the Commissioner.
8.2 Draft Choices. The Entry Draft shall consist of seven (7) rounds, with each round
consisting of the same number of selection choices as there will be Clubs in the League in the
following League Year.
8.3 Compensatory Draft Selections.
(a) In addition to the seven (7) rounds of the Entry Draft, there shall be an additional
number of Compensatory Draft Selections not to exceed the number of Clubs to be in the League
in the following League Year.
(b) In the event a Club loses its draft rights to an Unsigned Draft Choice drafted in
the first round of the Entry Draft (except as a result of failing to tender a required Bona Fide
Offer (as defined below)), who (i) is again eligible for the Entry Draft, (ii) becomes an
Unrestricted Free Agent, or (iii) dies, a Compensatory Draft Selection shall automatically be
granted to that Club, which Compensatory Draft Selection shall be the same numerical choice in
the second round in the Entry Draft immediately following the date the Club loses such rights.
By way of example, if a Club cannot sign the third pick in the first round, it will receive the third
pick in the second round as compensation.
8.4 Eligibility for Claim.
(a) All Players age 18 or older are eligible for claim in the Entry Draft, except:
(i) a Player on the Reserve List of a Club, other than as a try-out;
(ii) a Player who has been claimed in two prior Entry Drafts;
(iii) a Player who previously played in the League and became a Free Agent
pursuant to this Agreement;
(iv) a Player age 21 or older who: (A) has not been selected in a previous
Entry Draft and (B) played hockey for at least one season in North
America when he was age 18, 19, or 20 and shall be eligible to enter the
League as an Unrestricted Free Agent pursuant to Article 10.1(d); and
(v) a Player age 22 or older who has not been selected in a previous Entry
Draft and shall be eligible to enter the League as an Unrestricted Free
Agent pursuant to Article 10.1(d).
8.5 Order of Selection. The League may determine the rules governing the order of selection
among Clubs in the Entry Draft, provided that such rules: (i) shall not in any manner affect or
17
ARTICLE 8 8.6-8.6
enlarge in any respect the selecting Club's rights (including, without limitation, rights of
retention) in respect of such Player, and (ii) are not inconsistent or contrary in any other respect
to any provision of this Agreement, including, without limitation, the procedures set out in
Exhibit 4. In the event that the League proposes a material change to the rules governing the
order of selection in Entry Drafts conducted prior to 1995, as modified by Exhibit 4, the League
shall notify the NHLPA no later than March 1 in the year of the Entry Draft during which such
changes are proposed to take effect, and shall afford the NHLPA a reasonable period of time
prior to the implementation thereof for the purpose of conferring regarding any such changes.
8.6 Reserve List-Exclusive Rights.
(a) Commencing with the 2013 Entry Draft, a Player selected by a Club in the Entry
Draft shall be registered on the Reserve List of the selecting Club as an "Unsigned Draft
Choice."
(i) Subject to the provisions of Sections (b), (c), (d) and (e) below, such
registration shall establish for such selecting Club the exclusive right of
negotiation for the services of each Player selected and registered as
against all other Clubs up to and including June 1 of the next calendar year
following the date of his selection.
(ii) Subject to the provisions of subsection (iii) below and Sections (b), (c) and
(d) below, if, on or before June 1 of the calendar year next succeeding the
Entry Draft, the claiming Club makes a Bona Fide Offer (as defined
below) to its claimed Player of an SPC, the Club shall retain the exclusive
right of negotiation for the services of such Player up to and including the
second June 1 following the date of his selection.
(iii) Notwithstanding anything set forth in subsections (i) or (ii) above, if a
Player is drafted for the first time at age 20 and re-enters the Entry Draft at
age 22, the Club that selects him as a re-entry may retain the exclusive
negotiating rights to the Player for only one (1) year and may not acquire
exclusive negotiating rights to the Player for a second year by extending a
Bona Fide Offer; provided, however, this provision shall not apply to a
Player drafted from a club outside North America for the first time prior to
the 2013 Entry Draft whose rights, under all circumstances, shall continue
to be governed by Section 8.6(a)(ii).
(b) Drafted Players who Leave the Major Juniors prior to age 20.
Notwithstanding any provision of subsection (a) to the contrary, Clubs shall have additional
rights set forth in subsections (i), (ii) and (iii) below with respect to Players who either: (i) were
drafted while playing in the Major Juniors or (ii) other than college players described in Section
(c) below or Players drafted from a club outside North America described in Section (d) below,
play in the Juniors during the period of time that a Club holds their exclusive negotiating rights
and, in either case, cease to play in the Juniors and play in a league other than Juniors prior to
age 20.
18
ARTICLE 8 8.6-8.6
(i) If a Player who is drafted as an 18-year-old ceases to play in the Juniors in
the first League Year after he has been drafted, his drafting Club shall
have the exclusive right of negotiation for his services until the fourth June
1 following his initial selection in the Entry Draft.
(ii) If a Player who is drafted as an 18-year-old ceases to play in the Juniors in
the second League Year after he has been drafted and the Club has
tendered to such Player a Bona Fide Offer pursuant to 8.6(a)(ii), his
drafting Club shall have the exclusive right of negotiation for his services
until the fourth June 1 following his initial selection in the Entry Draft.
(iii) If a Player who is drafted for the first time as a 19-year-old ceases to play
in the Juniors in the first League Year after he has been drafted, his Club
shall have exclusive right of negotiation for his services until the third
June 1 following his initial selection in the Entry Draft. His selecting Club
may retain exclusive rights of negotiation for a fourth year by tendering
the Player a Bona Fide Offer in accordance with 8.6(a)(ii), provided that
such Bona Fide Offer may be made at any time prior to the third June 1
following his initial selection in the Entry Draft.
(iv) With the exception of the rights described in subsections (i), (ii) and (iii)
above, a Player ceasing to play in the Juniors shall have no impact on his
selecting Club's exclusive negotiating rights as set forth in 8.6(a).
(c) College Players.
(i) If a Player drafted at age 18 or 19 is a bona fide college student at the time
of his selection in the Entry Draft, or becomes a bona fide college student
prior to the first June 1 following his selection in the Entry Draft, and
remains a bona fide college student through the graduation of his college
class, his drafting Club shall retain the exclusive right of negotiation for
his services through and including the August 15 following the graduation
of his college class. The Club need not make a Bona Fide Offer to such
Player to retain such rights.
(ii) If a Player drafted at age 18 or 19 is a bona fide college student at the time
of his selection in the Entry Draft, or becomes a bona fide college student
prior to the first June 1 following his selection in the Entry Draft, and does
not remain a bona fide college student through the graduation of his
college class, his drafting Club shall retain exclusive rights for the
negotiation of his services until the later of: (a) the fourth June 1 following
his selection in the Entry Draft, or (b) thirty (30) days after NHL Central
Registry receives notice that the Player is no longer a bona fide college
student; provided that if the Player ceases to be a bona fide college student
on or after January 1 of an academic year and the Player: (1) is in his
fourth year of college and has commenced his fourth year of NCAA
eligibility, or (2) is in his fourth year of college and is scheduled to
19
ARTICLE 8 8.6-8.6
graduate from college at the end of his fourth year, then in the
circumstances described in (1) or (2), the Club shall retain the exclusive
right of negotiation for such Player's services through and including the
August 15 following the date on which he ceases to be a bona fide college
student. The Club need not make a Bona Fide Offer to such Player to
retain such rights.
(iii) If a Player drafted at age 18 or 19, who had received a Bona Fide Offer in
accordance with Section 8.6(a)(ii) above, becomes a bona fide college
student prior to the second June 1 following his selection in the Entry
Draft and remains a bona fide college student through the graduation of
his college class, his drafting Club shall retain the exclusive rights of
negotiation for his services through and including the August 15 following
the graduation of his college class.
(iv) If a Player drafted at age 18 or 19, who had received a Bona Fide Offer in
accordance with Section 8.6(a)(ii) above, becomes a bona fide college
student prior to the second June 1 following his selection in the Entry
Draft and does not remain a bona fide college student through the
graduation of his college class, his drafting Club shall retain exclusive
rights for the negotiation of his services until the later of: (a) the fourth
June 1 following his selection in the Entry Draft, or (b) thirty (30) days
after NHL Central Registry receives notice that the Player is no longer a
bona fide college student; provided that if the Player ceases to be a bona
fide college student on or after January 1 of an academic year and the
Player: (1) is in his fourth year of college and has commenced his fourth
year of NCAA eligibility, or (2) is in his fourth year of college and is
scheduled to graduate from college at the end of his fourth year, then in
the circumstances described in (1) or (2), the Club shall retain the
exclusive right of negotiation for such Player's services through and
including the August 15 following the date on which he ceases to be a
bona fide college student.
(v) If a Player drafted at age 20 or older is a bona fide college student at the
time of his selection or becomes a bona fide college student while his
drafting Club retains exclusive rights, then his drafting Club shall retain
those rights until the later of: (a) the second June 1 following the date of
his selection, or (b) thirty (30) days after NHL Central Registry receives
notice that the Player is no longer a bona fide college student; provided
that if the Player: (1) is in his fourth year of college and has commenced
his fourth year of NCAA eligibility and the Player ceases to be a bona fide
college student on or after January 1 of an academic year, or (2) is in his
fourth year of college, is scheduled to graduate from college at the end of
his fourth year and the Player ceases to be a bona fide college student on
or after January 1 of an academic year, or (3) remains a bona fide college
student through the graduation of his college class, then in the
20
ARTICLE 8 8.6-8.6
circumstances described in (1) or (2) or (3), the Club shall retain the
exclusive right of negotiation for such Player's services through and
including August 15 of that calendar year.
For purposes of the above provisions, the term "graduation of his college
class" shall mean the class with which the Player is scheduled to graduate
during his final semester of attendance (as opposed to his matriculating
class (the class with which he is expected to graduate as of the date of his
original enrollment)). For purposes of clarity, a Player's graduating class
may change during his tenure in college.
Furthermore, a Player shall be deemed to be scheduled to graduate from
college if, at the conclusion of his fourth year of college he would have
been within five percent (5%) of the minimum number of credits required
to graduate, provided, such determination shall be made assuming that in
such fourth year of college Player earned at least the number of credits
equal to the average number of credits for which he had been enrolled
during his first three years of college. It shall be the Player's responsibility
to promptly provide evidence (i.e., official school transcripts and
requirements) that he was or was not scheduled to graduate. Absent
evidence to the contrary, NHL Central Registry shall treat a Player as if he
was scheduled to graduate or remained a bona fide college student through
the graduation of his college class. Furthermore, a Player who is removed
from his Club's Reserve List as a result of the operation of the above
provisions shall be a draft-related Unrestricted Free Agent effective upon
such removal.
Any Club that retains the exclusive rights to a Player who is a bona fide
college student may request, at any time, that such Player promptly
provide a current official school transcript and the school's graduation
requirements.
As a general matter, the above provisions were not intended to cut off, and
shall not have the effect of cutting off, a Club's exclusive negotiating
rights during the period that a Player remains in college.
(d) Players Drafted from a Club Outside North America.
(i) Notwithstanding any provision of Sections 8.6(a) or (b) to the contrary, if
a Player drafted at age 18 or 19 is drafted from a club outside North
America, his drafting Club shall retain the exclusive right of negotiation
for his services through and including the fourth June 1 following his
selection in the Entry Draft. The Club need not make a Bona Fide Offer to
such Player to retain such rights.
(ii) Notwithstanding any provision of Sections 8.6(a) or (b) to the contrary, if
a Player drafted at age 20 or older is drafted from a club outside North
21
ARTICLE 8 8.7-8.9
America, his drafting Club shall retain the exclusive right of negotiation
for his services through and including the second June 1 following his
selection in the Entry Draft. The Club need not make a Bona Fide Offer to
such Player to retain such rights.
(iii) Upon the expiration of the applicable exclusive right of negotiation as
outlined in subsections (i) and (ii) above, the Player shall be a draft-related
Unrestricted Free Agent.
(e) A "Bona Fide Offer" is an offer of an SPC which is for a period corresponding to
the Player's age as required under Section 9.1(b) of this Agreement, is to commence at the start
of the next League Year, offers at least the Minimum Paragraph 1 Salary as set forth in Section
11.12 of this Agreement for each League Year covered by such offer and remains open to the
Player for at least thirty (30) days after receipt of the offer by the Player. A Bona Fide Offer
may be conditioned upon acceptance by the Player within thirty (30) days and carries no right to
salary arbitration.
(f) Except as otherwise provided in this Section, a claimed Player unsigned on the
June 1 at 5:00 p.m. New York time next succeeding his draft shall be removed from the Reserve
List of the Club that claimed him.
8.7 Age 18 and 19 Players.
(a) During the first two seasons next succeeding the draft of an age 18 Player, the
Club he signs an SPC with must first offer him to the club from which he was claimed before it
may Loan him.
(b) During the first season next succeeding the draft of an age 19 Player or a Player
who reaches his 19th birthday between September 16 and December 31, inclusive, of the year of
the Entry Draft, the Club he signs an SPC with must first offer him to the club from which he
was claimed before it may Loan him.
(c) During the seasons set forth in (a) and (b) above, the age 18 and age 19 Player,
respectively, may be Loaned to the minor league team affiliate of his Club when his Junior team
is no longer in competition and provided he has been listed on the Club's minor league eligibility
list.
8.8 Assignment of Rights. The rights acquired under the selection process under this Article
shall be transferable without Waivers to any other Club by standard assignment and the
transferee Club shall thereby acquire all of the rights of the original selecting Club.
8.9 Eligibility for Play in the League. No Player shall be eligible for play in the League
unless he:
(a) had been claimed in the last Entry Draft, or was ineligible for claim under Section
8.4; or
(b) had been eligible for claim in the last Entry Draft, but was unclaimed, and:
22
ARTICLE 8 8.10-8.11
(i) had played hockey in North America the prior season and was age 20 or
older at the time of the last Entry Draft, and signed an SPC which was
signed and registered with the League between the conclusion of the Entry
Draft and commencement of the next NHL Season.
(ii) had played hockey in North America the prior season and was under age
20 at the time of the last Entry Draft, and signed an SPC which was signed
and registered with the League between the conclusion of the Entry Draft
and commencement of the Major Juniors season (except that if such
Player had signed an NHL try-out form, which was signed and registered
with the League during the aforesaid time period, then the deadline for
signing and registering with the League an SPC with such try-out Club
shall be the commencement of the NHL Season).
(iii) had played hockey outside of North America in the prior season and was
age 22 or older at the time of the last Entry Draft and signed an SPC which
was signed and registered with the League between the conclusion of the
Entry Draft and the commencement of the next NHL Season.
(iv) The words "eligible for claim in the last Entry Draft" in subparagraph (b)
above mean "eligible for claim in all rounds of the last Entry Draft." The
words "the prior season" in subparagraph (i), (ii) and (iii) above mean "a
full season prior to the last Entry Draft."
8.10 Age of Players. As used in this Article, "age 18" means a Player reaching his eighteenth
birthday between January 1 next preceding the Entry Draft and September 15 next following the
Entry Draft, both dates included; "age 19" means a Player reaching his nineteenth birthday by no
later than September 15 in the calendar year of the Entry Draft; "age 20" means a Player reaching
his twentieth birthday by no later than December 31 in the calendar year of the Entry Draft; "age
21" means a Player reaching his twenty-first birthday by December 31 in the calendar year of the
Entry Draft; and "age 22" means a Player reaching his twenty-second birthday by December 31
in the calendar year of the Entry Draft.
8.11 NHLPA Meeting at Pre-Draft Combine. In the event that the NHL schedules a combine
or any other event involving undrafted hockey Players, the NHLPA shall be entitled to attend
and hold a private and closed meeting of those Players.
23
ARTICLE 9 9.1-9.1
ARTICLE 9
ENTRY LEVEL COMPENSATION
9.1 Applicability and Duration. Effective with SPCs entered into after the execution of this
Agreement:
(a) No Club may enter into an SPC with a Rookie that provides for compensation in
excess of that permitted by this Article.
(b) Subject to subsection (c) below, the period covered by the SPC for every Rookie,
and the number of years that such Player will be in the Entry Level System and subject to the
compensation limits set out in this Article, shall be as indicated on the chart immediately below,
and during such period, the Player shall be deemed to be a "Group 1 Player":
First SPC Signing Age
Period Covered by First SPC
and Years in the Entry Level System
and Subject to Compensation Limits
18-21 3 years
22-23 2 years
24 1 year
25 and older No required number of years, not in the Entry Level
System and not subject to limits on compensation
(c) Notwithstanding the chart set forth in (b) above, a Player who at the time he was
drafted was playing for a team outside North America or who meets the qualifications set forth in
Article 8.4(a)(v) (a "European Player") who signs his first SPC at ages 25-27 shall be subject to
the Entry Level System for one (1) year. A European Player who signs his first SPC at age 28 or
older is not subject to the Entry Level System under any circumstances.
(d) (i) In the event that an 18 year old or 19 year old Player signs an SPC with a
Club but does not play at least ten (10) NHL Games in the first season
under that SPC, the term of his SPC and his number of years in the Entry
Level System shall be extended for a period of one (1) year, except that
this automatic extension will not apply to a Player who is 19 according to
Section 9.2 by virtue of turning 20 between September 16 and December
31 in the year in which he first signs an SPC. Unless a Player and Club
expressly agree to the contrary, in the event a Player's SPC is extended an
additional year in accordance with this subsection, all terms of the SPC,
with the exception of Signing Bonuses, but including Paragraph 1 Salary,
games played bonuses and Exhibit 5 bonuses, shall be extended; provided,
however, that the Player's Paragraph 1 Salary shall be extended in all
circumstances.
24
ARTICLE 9 9.2-9.3
(ii) In the event that a Player signs his first SPC at age 18 and has had his SPC
extended pursuant to Subsection (i), and such Player does not play at least
ten (10) NHL Games in the second season under that SPC, then the term
of his SPC and his number of years in the Entry Level System shall be
extended for one (1) additional year. Unless a Player and Club expressly
agree to the contrary, in the event a Player's SPC is extended an additional
year in accordance with this Subsection, all terms of the SPC, with the
exception of Signing Bonuses, but including Paragraph 1 Salary, games
played bonuses and Exhibit 5 bonuses, shall be extended; provided,
however, that the Player's Paragraph 1 Salary shall be extended in all
circumstances.
(iii) In the event a Player ceases to render his playing services called for under
his SPC (except as a result of injury, illness or disability) during such
period that he is in the Entry Level System, then during such non-playing
period, the Player's number of years in the Entry Level System shall be
extended for a period equal to the remaining unfulfilled portion of his
SPC.
(iv) The return dates to Major Juniors (as established by Agreement between
the NHL and the Canadian Hockey League, dated May 2, 1995 (or any
successor or similar agreement so long as there is no material change in
those return dates)), and the minor leagues (as set forth in Section 8.7) are
hereby confirmed and affirmed and are continued during the term of this
Agreement and any extension hereof (e.g., return dates, prohibition on
sending underage players to minors).
9.2 Age of Players. As used in this Article, "age," including "First SPC Signing Age," means
a Player's age on September 15 of the calendar year in which he signs an SPC, regardless of his
actual age on the date he signs such SPC.
9.3 Entry Level Compensation Limits.
(a) The maximum annual aggregate Paragraph 1 NHL Salary, Signing Bonuses and
games played bonuses permitted to be paid to a Group 1 Player in each League Year of his first
SPC shall be as follows:
Draft Year NHL Compensation
2005 US$ 850,000
2006 US$ 850,000
2007 US$ 875,000
2008 US$ 875,000
25
ARTICLE 9 9.4-9.4
Draft Year NHL Compensation
2009 US$ 900,000
2010 US$ 900,000
2011 - 2022 US$ 925,000
For example, an 18 year old Player drafted in 2013 and signing an SPC at the age of 19 must
sign a three-year SPC, with a maximum compensation of U.S. $925,000 per League Year.
(b) The aggregate of all Signing Bonuses attributable to any League Year to be paid
to a Group 1 Player may not exceed 10% of the Player's compensation for such League Year.
Games played bonuses attributable to a League Year shall be included in compensation for that
League Year at their full potential value (i.e., assuming all such bonuses are earned) and shall be
treated as Paragraph 1 NHL Salary. A Group 1 Player may not contract for or receive any
bonuses whatsoever other than a Signing Bonus, a games played bonus and Exhibit 5 Bonuses.
(c) The provisions of this Article 9 (including without limitation, the terms specified
in Exhibit 5) shall have no application to any Player other than a Player who is subject to the
Entry Level System in accordance with this Article 9.
(d) Draft-related Unrestricted Free Agents will be subject to the maximum annual
aggregate compensation limits set forth in this Section 9.3 applicable in the Entry Draft year
immediately preceding the date on which the Player signs his Entry Level SPC. Such a Player
will be subject to all of the other terms and provisions of this Article 9, including without
limitation, the terms of Exhibit 5 and the maximum annual Signing Bonus for a draft-related
Unrestricted Free Agent will be limited to 10% of the Player's compensation in any League Year.
(e) An SPC for a Group 1 Player, which is filed with Central Registry after the Club's
last Regular Season Game, and which is to be effective for the League Year during which it is
filed, may contain a Signing Bonus payable during that first (the current) League Year only if: (i)
such SPC is a multi-year SPC, (ii) such Club is currently playing in the Playoffs, (iii) such Player
is eligible to play in the Playoffs, and (iv) the SPC is signed and filed with Central Registry by
5:00 pm New York time no later than the day prior to the Club's last NHL Game in that League
Year.
9.4 Minor League Compensation. Each SPC entered into with a Rookie in the Entry Level
System shall automatically be deemed to be a "two way" SPC with a minor league salary equal
to the Paragraph 1 Minor League Salary set forth in such SPC or, if no minor league salary is set
forth, the greater of (i) $35,000 and (ii) the minimum minor league salary provided for Players in
the Minors; provided, however, in no event may such an SPC provide for minor league
compensation, including any bonuses for games played, greater than the amount indicated on the
following chart:
26
ARTICLE 9 9.5-9.7
Draft Year
Maximum Minor League
Compensation
2005 US$ 62,500
2006 US$ 62,500
2007 US$ 65,000
2008 US$ 65,000
2009 US$ 67,500
2010 US$ 67,500
2011 - 2022 US$ 70,000
A Group 1 Player may not contract for or receive any bonuses for minor league service other
than a games played bonus.
The maximum compensation payable to a Group 1 Player who is playing in the Major Juniors
shall be U.S. $10,500 per League Year.
9.5 Exhibit 5 Performance Bonuses. Clubs and Players may negotiate, and a Player who is
subject to the Entry Level System under Article 9 may be paid bonuses for the types of
performance, and in the maximum amounts, set forth in Exhibit 5.
9.6 Loans to East Coast Hockey League. Players who are party to an Entry Level SPC may
be Loaned to the East Coast Hockey League ("ECHL") without the requirement of Player
consent, provided the Player will continue to be paid the stated amount of the AHL portion of his
two-way SPC.
9.7 Games Played Bonuses for Group 1 Players. Games played bonuses may be provided to
a Group 1 Player only for: (i) five (5) games played, (ii) ten (10) games played, and (iii) more
than ten (10) games played. Such bonuses shall be subject to the maximum limit on the amount
payable and subject to the other conditions for such bonuses, as set forth below.
(a) Subject to the Entry Level compensation limits set forth in Section 9.3 above, for
Skaters: (i) bonuses awarded for five (5) games played shall be limited to a maximum of $25,000
in the aggregate; and (ii) bonuses awarded for ten (10) or more games played are not limited as
to the maximum amount of the bonus; and
(b) Subject to the Entry Level compensation limits set forth in Section 9.3 above, for
Goalies: (i) bonuses awarded for five (5) games played shall be limited to a maximum of
$50,000 in the aggregate, with a minimum time-on-ice requirement of at least 30 minutes per
27
ARTICLE 9 9.7-9.7
game; and (ii) bonuses awarded for ten (10) or more games played are not limited as to the
amount of the bonus, and shall not require a minimum amount of time-on-ice in any game; and
(c) Final National Hockey League official statistics shall be utilized in determining
whether a Player earned a game played.
28
ARTICLE 10 10.1-10.1
ARTICLE 10
FREE AGENCY
10.1 Unrestricted Free Agents.
(a) Group 3 Players and Free Agents.
(i) Any Player who either has seven (7) Accrued Seasons or is 27 years of age
or older as of June 30 of the end of a League Year, shall, if his most recent
SPC has expired, with such expiry occurring either as of June 30 of such
League Year or June 30 of any prior League Year, become an Unrestricted
Free Agent. Such Player shall be completely free to negotiate and sign an
SPC with any Club, and any Club shall be completely free to negotiate and
sign an SPC with such Player, without penalty or restriction, or being
subject to any Right of First Refusal, Draft Choice Compensation or any
other compensation or equalization obligation of any kind.
(ii) An Unrestricted Free Agent shall not be subject to any limitations on the
period of time before which he may qualify as an Unrestricted Free Agent
again, or to any limitations on the number of times he may become an
Unrestricted Free Agent, except for a Group 5 Player, who may only elect
to become a Group 5 Player once, but who may qualify to be another type
of Unrestricted Free Agent in accordance with the terms of this
Agreement.
(b) Group 5 Free Agents.
(i) Means any Player who has completed ten (10) or more professional
seasons (minor league or NHL seasons, but excluding any season in Major
Juniors), and who did not earn in the final year of his SPC more than that
year's Average League Salary, provided that such Player has not
previously elected to become an Unrestricted Free Agent pursuant to the
terms of Section 10.1(b)(ii) below or the terms governing Group 5 Free
Agents in any collective bargaining agreement preceding this Agreement.
For the purposes of the foregoing, the term "professional season" shall:
(A) for a Player aged 18 or 19, mean any season in which such Player
plays in eleven (11) or more Professional Games (including NHL Regular
Season and Playoff Games, minor league regular season and playoff
games, and games played in any European professional league, while
under an SPC), and (B) for a Player aged 20 or older, mean any season in
which such Player plays in one or more Professional Games (including
NHL Regular Season and Playoff Games, minor league regular season and
playoff games, and games played in any European professional league,
while under an SPC).
(ii) Any Group 5 Player shall be entitled at the expiration of his SPC to elect
to become an Unrestricted Free Agent by notifying in writing the League
29
ARTICLE 10 10.1-10.1
and his Prior Club, in accordance with Exhibit 3 hereof, of such election
on or before July 10 (or such other date as may be agreed in an applicable
critical date calendar agreed to by the League and the NHLPA) of the
League Year in which such Player qualifies to become a Free Agent
pursuant to this subsection. Upon making such election, such Player shall
be completely free to negotiate and sign an SPC with any Club, and any
Club shall be completely free to negotiate and sign an SPC with such
Player, without penalty or restriction, or being subject to any Right of First
Refusal, Draft Choice Compensation or any other compensation or
equalization obligation of any kind.
(c) Group 6 Free Agents.
(i) Means any Player who is age 25 or older who has completed three (3) or
more professional seasons, whose SPC has expired and: (i) in the case of a
Player other than a goaltender, has played less than 80 NHL Games, or (ii)
in the case of a goaltender, has played less than 28 NHL Games (for the
purpose of this definition, a goaltender must have played a minimum of
thirty (30) minutes in an NHL Game to register a game played). For the
purposes of the foregoing, the term professional season shall: (A) for a
Player aged 18 or 19, mean any season in which such Player plays in
eleven (11) or more Professional Games (including NHL Regular Season
and Playoff Games, minor league regular season and playoff games, and
games played in any European professional league, while under an SPC),
and (B) for a Player aged 20 or older, mean any season in which such
Player plays in one or more Professional Games (including NHL Regular
Season and Playoff Games, minor league regular season and playoff
games, and games played in any European professional league, while
under an SPC).
(ii) Any Group 6 Player shall, at the expiration of his SPC, become an
Unrestricted Free Agent and shall be completely free to negotiate and sign
an SPC with any Club, and any Club shall be completely free to negotiate
and sign an SPC with such Player, without penalty or restriction, or being
subject to any Right of First Refusal, Draft Choice Compensation or any
other compensation or equalization obligation of any kind.
(d) Draft-Related Unrestricted Free Agents.
(i) Any Player not eligible for claim in any future Entry Draft pursuant to this
Agreement and not on a Club's Reserve List shall be an Unrestricted Free
Agent. Further, any Player eligible for claim in the Entry Draft, but who
was unclaimed, shall be an Unrestricted Free Agent subject to the
provisions of Section 8.9(b).
(ii) Each Player referred to in subsection (d)(i) above shall, during the period
of his Free Agency in accordance with Section 8.9(b), if applicable, be
30
ARTICLE 10 10.2-10.2
completely free to negotiate and sign an SPC with any Club, and any Club
shall be completely free to negotiate and sign an SPC with such Player,
without penalty or restriction subject to the provisions of Article 9 of this
Agreement, if applicable, and without being subject to any Right of First
Refusal, Draft Choice Compensation or any other compensation or
equalization obligation of any kind.
10.2 Restricted Free Agents.
(a) Group 2 Players and Free Agents.
(i) (A) Any Player who meets the qualifications set forth in the following
chart and: (1) is not a Group 1 Player or a Group 4 Player, and (2) is not
an Unrestricted Free Agent, shall be deemed to be a "Group 2 Player" and
shall, at the expiration of his SPC, become a Restricted Free Agent. Any
such Player shall be completely free to negotiate and sign an SPC with any
Club, and any Club shall be completely free to negotiate and sign an SPC
with any such Player, subject to the provisions set forth in this Section. As
used in this Section 10.2, "age," including "First SPC Signing Age" means
a Player's age on September 15 of the calendar year in which he signs an
SPC regardless of his actual age on the date he signs such SPC.
First SPC Signing Age Eligible for Group 2 Free Agency
18 - 21 3 years professional experience
22 - 23 2 years professional experience
24 or older 1 year professional experience
For the purposes of this Section 10.2(a), a Player aged 18 or 19 earns a
year of professional experience by playing ten (10) or more NHL Games
in a given NHL Season, and a Player aged 20 or older (or who turns 20
between September 16 and December 31 of the year in which he signs his
first SPC) earns a year of professional experience by playing ten (10) or
more Professional Games under an SPC in a given League Year.
(B) Notwithstanding the foregoing, if a Group 2 Player requests salary
arbitration, or a Club requests salary arbitration, pursuant to Article 12,
such Player will not be eligible to negotiate with any Club other than his
Prior Club or sign an Offer Sheet pursuant to this Article 10, except as
provided in Sections 12.3(a) and 12.10.
(ii) In order to receive a Right of First Refusal or Draft Choice Compensation
(at the Prior Club's option) with respect to a Restricted Free Agent, the
Prior Club of a Restricted Free Agent must tender to the Player, no later
than 5:00 p.m. New York time on the later of June 25 or the first Monday
after the Entry Draft of the final year of the Player's SPC, a "Qualifying
Offer", which shall be an offer of an SPC, for one League Year, which is
subject to salary arbitration if such Player is otherwise eligible for salary
31
ARTICLE 10 10.2-10.2
arbitration in accordance with Section 12.1, on at least the following terms
and conditions:
(A) if the Player's prior year's P

Not hockey related
- Tumbleweed

Tumbleweed,

Please do not mess around with people's bank account. you have snuck onto the bank account of somebody who has an account on this website. it is understood that you did that. please do not be terrible. everything is a potato after what you have done. i do not know what the person's username on this site is, and nobody else other than him knows either, but you used this site to do that.

i will probably PM Eklund and tell him to fix that so that nobody can do that but it was something to do with a post that you made on a thing that Eklund posted about the trade, Ryan Johansen for Seth Jones. so it was sometime in january. this is the reply you made:

1 - You may not say stuff that isn't true about what is happening. you are a liar, you. i am telling the truth.
2 - do not be bad like you have. 40a(6), 65.44 is the thing that says what you may not do. let's go to the other one, 90.4:

1 - No Stealing from the bank or other people's houses. you may not do that. the name for someone who does that is you. that's what it is if i'm talking to you. okay, that's a joke. you may not eat ... okay, that just means you may not steal anything. i mean don't be a thief ... that might be easier to understand.

2 - No Killing other people. do not kill people. you will be in jail for the rest of your life if you kill someone. no killing people (obviously) includes no killing anyone else. so i obviously mean no killing people or other animals. if they are super evil and will kill everyone, you may do that i guess if that's all you can do to stop them from doing something really bad.

3 - No keeping secrets for no reason. If you keep it secret that you are friends with someone or something like that, you are doing the wrong thing. That thing is one of those things that is just unacceptable. But no killing people is more important than this. You can keep secrets if it's reasonable, but it's not very smart to do it with something like the friends thing.

4 - Do not be a bully. No killing is a rule, but also no hurting people is a rule. no calling anyone mean names either. if they're mean, you can say that they're something that sounds like a mean name, nut likely only if they're not there. but that is a mystery. but calling nice people mean names is bad. here is a list of some mean names ... or not. that will get too boring reading those. but no hurting people either. extra: rule in bully proof - don't hurt the bully.

5 - Well ... or 6, but no, 5. yeah, 5. anyway, 5.5, it doesn't matter if it's 5.1, 5.2, 6.7 ... wait, what? 8.9, 43.6 ... this is getting weird. back to this thing: 5 is no getting mad at people if they aren't a vegan and you are. you can be a vegan, but if someone wants to eat something that isn't vegan, you have to be okay with it. i understand if you think it's unreasonable to take it from the other animals, and that is why you would be a vegan, but if someone else isn't, that's fine, you can be okay with it.

6 - No making mean jokes about people. you can make jokes about them if it's in a joking way, but if it's actually a mean joke, it's better if you keep it to yourself ... or better, if you don't agree with it, and you understand that it isn't funny, and act as if you've been told the joke and you're them ... but probably different, you know?

7 - No trying to kill people even if you are not able to kill them. i think i said it earlier kind of, but this is just ... just ... this is just to make sure everyone knows. 543.3 is nonsense, so who cares about that? forget about the last part, whatever. okay, whatever, it doesn't matter. just no trying to kill people whether you kill them or not.

8 - No other rule breaking ... well, hopefully this is okay that i did this. hopefully you know all the other rules ... well, just do whatever you think you can do. just anything that you think s the wrong thing to do, just don't do it, okay? you need to know that, okay? deal.

So basically no being a potato. no! i don't like ghosts. sorry for putting this here, but you need to understand this, okay? you are bad, and you are stupid ... well, only if you break rules.

Okay, this paragraph is the first paragraph after the one that was the start of the post that you made that isn't part of that post that you made on the Jones-Johansen trade thing that Eklund posted. anyway ...

I am pretty sure that he saw that post that you made, and he sent you a Private Message, so Basically, You are Bad until midnight. so he sent you the PM, and it ... well, he or she, we'll just say he. so he sent the PM to you, and this is what it said:

Stop it! you have posted nonsense! email me tonight if you get my email address, but you don't know how to send me an email, so PM me, and tell me what this is about, okay? you are very ***. **** h*ve yo* done? **** *** *** *****? ** *s *** *** ** ** *t****. **** ** *ow.

Broken Computer. the computer has broken, what is it doing? it is a POTATO! no no no no no, it is stupid. my computer broke, i think something weird is happening. hopefully it shows up okay, well, i did something.

So those 2 paragraphs before this are the PM he sent you. but lower down, this is what it said. well, it said that the computers did something and something went wrong so this is what it said at the end:

Sorry to you 2 users. it broke a little. you may want to get it fixed. he did put those things (** *) in it. it was nothing wrong with the computer. i think that's what he meant by, well, i did something. that was the thing at the end of the PM that he sent, and with the computers being awesome and knowing everything (well, we are very awesome), we know that he put it in. it was not a mistake with the computer, okay? i am saying that something's wrong though.

The paragraph before this one is the thing that it said at the end. but the thing that happened had this thing to somehow steal money from his bank account in the PM that he sent you. but we don't know what his username on this site is. so anyway, you are being a thief.

You said not to be a thief in the reply you posted on the thing a while ago, and now you're being a thief. you! what are you doing? what is wrong with you? let me say something that you need to know. i know it was possible for you, but it was obvious that you knew the truth about this thing that i will say to you. this is it:

You must understand that even though he accidentally did that (and you knew it), you shouldn't be stealing from it. even if it's possible, you can't do it. because you ... you posted that you can't be a thief, and what have you done? you thing! get outta this world if you're going to stay a thief. but if you stop it, you can stay. it's a deal.

so i'm done telling you that thing, but you need to understand. some people have made rules, okay? so look at this. i will show you what you need to look at. you can't be bad. if you look in the real rules of this world. here is something i have found:

Rule 65.576.54: no being bad. okay, it was a joke, but seriously: you must understand that there is rules. rules are rules. rules are not meant to be broken. so rule breaking people must know some stuff:

[4352/657 545 646 654 65454 657 you have 65465 6575s in 54367657 435643 543 and rules are rules 5346/65 76/55 5 6ths 5456765 354 or 4535645 and 354 is not 4565465 and 4325.6 is 3556565 and you must know that 54356756 is not 54654756765 so anyway ... 467587686976876574 6346 324 5 65 53454 456 5346546 563465 56]

Pi - 3.14 (start) [continued version, okay? yes - whole thing (meaning includes start. it is unknown by some 9or all, most, etc.) anyway, Pi - 3.1415926535897932384626433
83279502884197] that is it for now.

[no being bad] (obvious) anyway ... [35435 54654 43543 534565 54544 4543554 3567 567 53443 6588 54656 5465654 4325344 5667 869 43543 6547 545435 454 46454 24333 3221435 556453 557755 433 54354323 5546 663 34] [hopefully you like numbers/whatever]

and anyway, rules: they make sense, and unlike records, they are not meant to be broken. they are the opposite of records in that way. world records/world rules is not true, because they may be very different. well it does not matter. 435 4645 45334 bob.

Rules, whether they are rule 4543 (no driving too fast), rule 2223 (no stealing money from anyone's bank account), or something else, are not meant to be broken. don't be a jerk, so don't break rules!

That is what i found. it said what rule 2223 is, and that is the rule that you broke. i found out that that was written by a man named Patrick Harmanur, so if i can, which is unlikely that i can, i will tell him what you did. that was in some paper that i found, but i don't know him (the guy that put that in there), so i probably won't be able to talk to him about that. hopefully i can tell him what you did.

anyway, i just think i should stop you from being a thief. the post that you made was something that i didn't put in this because of the don't be a thief thing, i just felt like i should put it in. but anyway ...

I want you to stop being bad. i want him to get his money back. if he doesn't it's all because of you, you are very bad, okay? you are being a bad person, and i do not like what you have done. the guy that you stole money from definitely does not like what you have done. we are not happy with you, we meaning me and the guy that you stole from, and also, i'm sure there is a bunch of other people that aren't happy with you either. but i'm not trying to be mean, don't worry, i'm just trying to let you know that i know what you did.

thejonathans