Rome Statute.

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:
1. (a) The crime of genocide;
2. (b) Crimes against humanity;
3. (c) War crimes;
4. (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 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:

Murder;

Extermination;

Enslavement;
Deportation or forcible transfer of population;

Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of

Torture;

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

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;

Enforced disappearance of persons;

The crime of apartheid;

purpose of paragraph 1:

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;

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;

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;

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;

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;

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 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:
1. (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;
2. (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 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 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 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;

4. (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 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 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.