Second edition 2013
Rules of Procedure and Evidence
Table of Contents
Chapter 1. General Provisions 1
Rule 1 Use of terms 1
Rule 2 Authentic texts 1
Rule 3 Amendments 1
Chapter 2. Composition and administration of the Court 2
Section I. General provisions relating to the composition and administration
of the Court 2
Rule 4 Plenary sessions 2
Rule 4 bis The Presidency 2
Rule 5 Solemn undertaking under article 45 2
Rule 6 Solemn undertaking by the staff of the Office of the Prosecutor,
the Registry, interpreters and translators 3
Rule 7 Single judge under article 39, paragraph 2 (b) (iii) 3
Rule 8 Code of Professional Conduct 3
Section II. The Office of the Prosecutor 4
Rule 9 Operation of the Office of the Prosecutor 4
Rule 10 Retention of information and evidence 4
Rule 11 Delegation of the Prosecutor’s functions 4
Section III. The Registry 4
Subsection 1. General provisions relating to the Registry 4
Rule 12 Qualifications and election of the Registrar and the Deputy Registrar 4
Rule 13 Functions of the Registrar 5
Rule 14 Operation of the Registry 5
Rule 15 Records 5
Subsection 2. Victims and Witnesses Unit 5
Rule 16 Responsibilities of the Registrar relating to victims and witnesses 5
Rule 17 Functions of the Unit 6
Rule 18 Responsibilities of the Unit 7
Rule 19 Expertise in the Unit 7
Subsection 3. Counsel for the defence 8
Rule 20 Responsibilities of the Registrar relating to the rights of the defence 8
Rule 21 Assignment of legal assistance 9
Rule 22 Appointment and qualifications of Counsel for the defence 9
Section IV. Situations that may affect the functioning of the Court 10
Subsection 1. Removal from office and disciplinary measures 10
Rule 23 General principle 10
Rule 24 Definition of serious misconduct and serious breach of duty 10
Rule 25 Definition of misconduct of a less serious nature 10
Rule 26 Receipt of complaints 11
Rule 27 Common provisions on the rights of the defence 11
Rule 28 Suspension from duty 11
Rule 29 Procedure in the event of a request for removal from office 12
Rule 30 Procedure in the event of a request for disciplinary measures 12
Rule 31 Removal from office 12
Rule 32 Disciplinary measures 12
Subsection 2. Excusing, disqualification, death and resignation 13
Rule 33 Excusing of a judge, the Prosecutor or a Deputy Prosecutor 13
Rule 34 Disqualification of a judge, the Prosecutor or a Deputy Prosecutor 13
Rule 35 Duty of a judge, the Prosecutor or a Deputy Prosecutor to request
to be excused 13
Rule 36 Death of a judge, the Prosecutor, a Deputy Prosecutor, the Registrar
or a Deputy Registrar 14
Rule 37 Resignation of a judge, the Prosecutor, a Deputy Prosecutor, the Registrar
or a Deputy Registrar 14
Subsection 3. Replacements and alternate judges 14
Rule 38 Replacements 14
Rule 39 Alternate judges 14
Section V. Publication, languages and translation 15
Rule 40 Publication of decisions in official languages of the Court 15
Rule 41 Working languages of the Court 15
Rule 42 Translation and interpretation services 15
Rule 43 Procedure applicable to the publication of documents of the Court 15
Chapter 3. Jurisdiction and admissibility 16
Section I. Declarations and referrals relating to articles 11, 12, 13 and 14 16
Rule 44 Declaration provided for in article 12, paragraph 3 16
Rule 45 Referral of a situation to the Prosecutor 16
Section II. Initiation of investigations under article 15 16
Rule 46 Information provided to the Prosecutor under article 15,paragraphs 1 and 2 16
Rule 47 Testimony under article 15, paragraph 2 16
Rule 48 Determination of reasonable basis to proceed with an investigation under article 15, paragraph 3 17
Rule 49 Decision and notice under article 15, paragraph 6 17
Rule 50 Procedure for authorization by the Pre-Trial Chamber of the commencement of the investigation 17
Section III. Challenges and preliminary rulings under articles 17, 18 and 19 18
Rule 51 Information provided under article 17 18
Rule 52 Notification provided for in article 18, paragraph 1 18
Rule 53 Deferral provided for in article 18, paragraph 2 18
Rule 54 Application by the Prosecutor under article 18, paragraph 2 18
Rule 55 Proceedings concerning article 18, paragraph 2 18
Rule 56 Application by the Prosecutor following review under article 18, paragraph 3 19
Rule 57 Provisional measures under article 18, paragraph 6 19
Rule 58 Proceedings under article 19 19
Rule 59 Participation in proceedings under article 19, paragraph 3 19
Rule 60 Competent organ to receive challenges 20
Rule 61 Provisional measures under article 19, paragraph 8 20
Rule 62 Proceedings under article 19, paragraph 10 20
Chapter 4. Provisions relating to various stages of the proceedings 21
Section I. Evidence 21
Rule 63 General provisions relating to evidence 21
Rule 64 Procedure relating to the relevance or admissibility of evidence 21
Rule 65 Compellability of witnesses 21
Rule 66 Solemn undertaking 22
Rule 67 Live testimony by means of audio or video-link technology 22
Rule 68 Prior recorded testimony 22
Rule 69 Agreements as to evidence 24
Rule 70 Principles of evidence in cases of sexual violence 24
Rule 71 Evidence of other sexual conduct 25
Rule 72 In camera procedure to consider relevance or admissibility of evidence 25
Rule 73 Privileged communications and information 25
Rule 74 Self-incrimination by a witness 26
Rule 75 Incrimination by family members 28
Section II. Disclosure 28
Rule 76 Pre-trial disclosure relating to prosecution witnesses 28
Rule 77 Inspection of material in possession or control of the Prosecutor 28
Rule 78 Inspection of material in possession or control of the defence 29
Rule 79 Disclosure by the defence 29
Rule 80 Procedures for raising a ground for excluding criminal responsibility
under article 31, paragraph 3 29
Rule 81 Restrictions on disclosure 29
Rule 82 Restrictions on disclosure of material and information protected under
article 54, paragraph 3 (e) 30
Rule 83 Ruling on exculpatory evidence under article 67, paragraph 2 31
Rule 84 Disclosure and additional evidence for trial 31
Section III. Victims and witnesses 31
Subsection 1. Definition and general principle relating to victims 31
Rule 85 Definition of victims 31
Rule 86 General principle 31
Subsection 2. Protection of victims and witnesses 32
Rule 87 Protective measures 32
Rule 88 Special measures 33
Subsection 3. Participation of victims in the proceedings 33
Rule 89 Application for participation of victims in the proceedings 33
Rule 90 Legal representatives of victims 34
Rule 91 Participation of legal representatives in the proceedings 34
Rule 92 Notification to victims and their legal representatives 35
Rule 93 Views of victims or their legal representatives 36
Subsection 4. Reparations to victims 36
Rule 94 Procedure upon request 36
Rule 95 Procedure on the motion of the Court 37
Rule 96 Publication of reparation proceedings 37
Rule 97 Assessment of reparations 37
Rule 98 Trust Fund 37
Rule 99 Cooperation and protective measures for the purpose of forfeiture under articles 57, paragraph 3 (e), and 75, paragraph 4 38
Section IV. Miscellaneous provisions 38
Rule 100 Place of the proceedings 38
Rule 101 Time limits 39
Rule 102 Communications other than in writing 39
Rule 103 Amicus curiae and other forms of submission 39
Chapter 5. Investigation and prosecution 40
Section I. Decision of the Prosecutor regarding the initiation of an investigation
under article 53, paragraphs 1 and 2 40
Rule 104 Evaluation of information by the Prosecutor 40
Rule 105 Notification of a decision by the Prosecutor not to initiate an investigation 40
Rule 106 Notification of a decision by the Prosecutor not to prosecute 40
Section II. Procedure under article 53, paragraph 3 41
Rule 107 Request for review under article 53, paragraph 3 (a) 41
Rule 108 Decision of the Pre-Trial Chamber under article 53, paragraph 3 (a) 41
Rule 109 Review by the Pre-Trial Chamber under article 53, paragraph 3 (b) 41
Rule 110 Decision by the Pre-Trial Chamber under article 53, paragraph 3 (b) 42
Section III. Collection of evidence 42
Rule 111 Record of questioning in general 42
Rule 112 Recording of questioning in particular cases 42
Rule 113 Collection of information regarding the state of health of the person concerned 43
Rule 114 Unique investigative opportunity under article 56 43
Rule 115 Collection of evidence in the territory of a State Party under article 57,
paragraph 3 (d) 44
Rule 116 Collection of evidence at the request of the defence under article 57,
paragraph 3 (b) 44
Section IV. Procedures in respect of restriction and deprivation of liberty 44
Rule 117 Detention in the custodial State 44
Rule 118 Pre-trial detention at the seat of the Court 45
Rule 119 Conditional release 45
Rule 120 Instruments of restraint 46
Section V. Proceedings with regard to the confirmation of charges under article 61 46
Rule 121 Proceedings before the confirmation hearing 46
Rule 122 Proceedings at the confirmation hearing in the presence of the person charged 48
Rule 123 Measures to ensure the presence of the person concerned at the confirmation hearing 48
Rule 124 Waiver of the right to be present at the confirmation hearing 49
Rule 125 Decision to hold the confirmation hearing in the absence of the person concerned 49
Rule 126 Confirmation hearing in the absence of the person concerned 49
Section VI. Closure of the pre-trial phase 50
Rule 127 Procedure in the event of different decisions on multiple charges 50
Rule 128 Amendment of the charges 50
Rule 129 Notification of the decision on the confirmation of charges 50
Rule 130 Constitution of the Trial Chamber 50
Chapter 6. Trial procedure 51
Rule 131 Record of the proceedings transmitted by the Pre-Trial Chamber 51
Rule 132 Status conferences 51
Rule 132 bis Designation of a judge for the preparation of the trial 51
Rule 133 Motions challenging admissibility or jurisdiction 52
Rule 134 Motions relating to the trial proceedings 52
Rule 134 bis Presence through the use of video technology 52
Rule 134 for Excusal from presence at trial 53
Rule 134 quater Excusal from presence at trial due to extraordinary public duties 53
Rule 135 Medical examination of the accused 53
Rule 136 Joint and separate trials 54
Rule 137 Record of the trial proceedings 54
Rule 138 Custody of evidence 54
Rule 139 Decision on admission of guilt 54
Rule 140 Directions for the conduct of the proceedings and testimony 55
Rule 141 Closure of evidence and closing statements 55
Rule 142 Deliberations 55
Rule 143 Additional hearings on matters related to sentence or reparations 56
Rule 144 Delivery of the decisions of the Trial Chamber 56
Chapter 7. Penalties 57
Rule 145 Determination of sentence 57
Rule 146 Imposition of fines under article 77 58
Rule 147 Orders of forfeiture 59
Rule 148 Orders to transfer fines or forfeitures to the Trust Fund 59
Chapter 8. Appeal and revision 60
Section I. General provisions 60
Rule 149 Rules governing proceedings in the Appeals Chamber 60
Section II. Appeals against convictions, acquittals, sentences and reparation orders 60
Rule 150 Appeal 60
Rule 151 Procedure for the appeal 60
Rule 152 Discontinuance of the appeal 60
Rule 153 Judgement on appeals against reparation orders 61
Section III. Appeals against other decisions 61
Rule 154 Appeals that do not require the leave of the Court 61
Rule 155 Appeals that require leave of the Court 61
Rule 156 Procedure for the appeal 61
Rule 157 Discontinuance of the appeal 62
Rule 158 Judgement on the appeal 62
Section IV. Revision of conviction or sentence 62
Rule 159 Application for revision 62
Rule 160 Transfer for the purpose of revision 62
Rule 161 Determination on revision 62
Chapter 9. Offences and misconduct against the Court 64
Section I. Offences against the administration of justice under article 70 64
Rule 162 Exercise of jurisdiction 64
Rule 163 Application of the Statute and the Rules 64
Rule 164 Periods of limitation 64
Rule 165 Investigation, prosecution and trial 65
Rule 166 Sanctions under article 70 65
Rule 167 International cooperation and judicial assistance 66
Rule 168 Ne bis in idem 66
Rule 169 Immediate arrest 66
Section II. Misconduct before the Court under article 71 66
Rule 170 Disruption of proceedings 66
Rule 171 Refusal to comply with a direction by the Court 66
Rule 172 Conduct covered by both articles 70 and 71 67
Chapter 10. Compensation to an arrested or convicted person 68
Rule 173 Request for compensation 68
Rule 174 Procedure for seeking compensation 68
Rule 175 Amount of compensation 68
Chapter 11. International cooperation and judicial assistance 69
Section I. Requests for cooperation under article 87 69
Rule 176 Organs of the Court responsible for the transmission and receipt of any communications relating to international cooperation and judicial assistance 69
Rule 177 Channels of communication 69
Rule 178 Language chosen by States Parties under article 87, paragraph 2 69
Rule 179 Language of requests directed to States not party to the Statute 70
Rule 180 Changes in the channels of communication or the languages of requests for cooperation 70
Section II. Surrender, transit and competing requests under articles 89 and 90 70
Rule 181 Challenge to admissibility of a case before a national court 70
Rule 182 Request for transit under article 89, paragraph 3 (e) 70
Rule 183 Possible temporary surrender 70
Rule 184 Arrangements for surrender 71
Rule 185 Release of a person from the custody of the Court other than upon completion of sentence 71
Rule 186 Competing requests in the context of a challenge to the admissibility of the case 71
Section III. Documents for arrest and surrender under articles 91 and 92 71
Rule 187 Translation of documents accompanying request for surrender 71
Rule 188 Time limit for submission of documents after provisional arrest 72
Rule 189 Transmission of documents supporting the request 72
Section IV. Cooperation under article 93 72
Rule 190 Instruction on self-incrimination accompanying request for witness 72
Rule 191 Assurance provided by the Court under article 93, paragraph 2 72
Rule 192 Transfer of a person in custody 72
Rule 193 Temporary transfer of the person from the State of enforcement 73
Rule 194 Cooperation requested from the Court 73
Section V. Cooperation under article 98 73
Rule 195 Provision of information 73
Section VI. Rule of speciality under article 101 74
Rule 196 Provision of views on article 101, paragraph 1 74
Rule 197 Extension of the surrender 74
Chapter 12. Enforcement 75
Section I. Role of States in enforcement of sentences of imprisonment and change in designation of State of enforcement under articles 103 and 104 75
Rule 198 Communications between the Court and States 75
Rule 199 Organ responsible under Part 10 75
Rule 200 List of States of enforcement 75
Rule 201 Principles of equitable distribution 75
Rule 202 Timing of delivery of the sentenced person to the State of enforcement 76
Rule 203 Views of the sentenced person 76
Rule 204 Information relating to designation 76
Rule 205 Rejection of designation in a particular case 76
Rule 206 Delivery of the sentenced person to the State of enforcement 76
Rule 207 Transit 77
Rule 208 Costs 77
Rule 209 Change in designation of State of enforcement 77
Rule 210 Procedure for change in the designation of a State of enforcement 77
Section II. Enforcement, supervision and transfer under articles 105, 106 and 107 78
Rule 211 Supervision of enforcement of sentences and conditions of imprisonment 78
Rule 212 Information on location of the person for enforcement of fines,
forfeitures or reparation measures 78
Rule 213 Procedure for article 107, paragraph 3 78
Section III. Limitation on the prosecution or punishment of other offences under article 108 79
Rule 214 Request to prosecute or enforce a sentence for prior conduct 79
Rule 215 Decision on request to prosecute or enforce a sentence 79
Rule 216 Information on enforcement 80
Section IV. Enforcement of fines, forfeiture measures and reparation orders 80
Rule 217 Cooperation and measures for enforcement of fines, forfeiture or reparation orders 80
Rule 218 Orders for forfeiture and reparations 80
Rule 219 Non-modification of orders for reparation 81
Rule 220 Non-modification of judgements in which fines were imposed 81
Rule 221 Decision on disposition or allocation of property or assets 81
Rule 222 Assistance for service or any other measure 81
Section V. Review concerning reduction of sentence under article 110 81
Rule 223 Criteria for review concerning reduction of sentence 81
Rule 224 Procedure for review concerning reduction of sentence 82
Section VI. Escape 83
Rule 225 Measures under article 111 in the event of escape 83