ICL Database & Commentary
Regulation 1 Adoption of these Regulations
Regulation 2 Use of terms
Regulation 3 Coordination Council
Regulation 4 Advisory Committee on Legal Texts
Regulation 5 Amendments to the Rules and Elements of Crimes
Regulation 6 Amendments to these Regulations
Regulation 7 Publication in the Official Journal
Regulation 8 Website of the CourtChapter 2 Composition and administration of the Court
Regulation 9 Term of office
Regulation 10 Precedence
Regulation 11 The Presidency
Regulation 12 Service within the Appeals Chamber
Regulation 13 Presiding Judges
Regulation 14 President of the Division
Regulation 15 Replacements
Regulation 16 Alternate judges
Regulation 17 Duty judge
Regulation 18 Duty legal officers of the Chambers
Regulation 19 Duty officers of the RegistryChapter 3 Proceedings before the Court
Section 1 Provisions relating to all stages of the proceedings
Subsection 1 General provisions
Regulation 20 Public hearings
Regulation 21 Broadcasting, release of transcripts and recordings
Regulation 22 Definition of documents
Regulation 23 Content of documents
Regulation 24 Responses and replies
Regulation 25 Communications other than in writing
Regulation 26 Electronic management
Regulation 27 Transcripts
Regulation 28 Questions by a Chamber
Regulation 29 Non-compliance with these Regulations and with orders of a Chamber
Regulation 30 Status conferencesSubsection 2 Distribution of documents
Regulation 31 Notification
Regulation 32 Recipients of documents, decisions and orders notified by the CourtSubsection 3 Time and page limits
Regulation 33 Calculation of time limits
Regulation 34 Time limits for documents filed with the Court
Regulation 35 Variation of time limits
Regulation 36 Format of documents and calculation of page limits
Regulation 37 Page limits for documents filed with the Registry
Regulation 38 Specific page limitsSubsection 4 Translation and Interpretation
Regulation 39 Language requirements
Regulation 40 Language services of the RegistrySubsection 5 Protective measures
Regulation 41 Victims and Witnesses Unit
Regulation 42 Application and variation of protective measuresRegulation 45 Information provided by the Prosecutor
Regulation 46 Pre-Trial Chamber
Regulation 47 Single judge
Regulation 48 Information necessary for the Pre-Trial Chamber
Regulation 49 The request for authorisation
Regulation 50 Specific time limits
Regulation 51 Decision on interim release
Regulation 52 Document containing the charges
Regulation 53 Decision of the Pre-Trial Chamber following the confirmation hearingRegulation 54 Status conferences before the Trial Chamber
Regulation 55 Authority of the Chamber to modify the legal characterisation of facts
Regulation 56 Evidence under article 75Regulation 57 Appeal
Regulation 58 Document in support of the appeal
Regulation 59 Response
Regulation 60 Reply
Regulation 61 Variation of grounds of appeal presented before the Appeals Chamber
Regulation 62 Additional evidence presented before the Appeals Chamber
Regulation 63 Consolidated appeals under rule 150
Regulation 64 Appeals under rule 154
Regulation 65 Appeals under rule 155Regulation 66 Procedure leading to the determination on revision
Chapter 4 Counsel issues and legal assistance
Section 1 List of counsel and duty counsel
Regulation 67 Criteria to be met by counsel
Regulation 68 Assistants to counsel
Regulation 69 Proof and control of criteria to be met by counsel
Regulation 70 Inclusion in the list of counsel
Regulation 71 Removal and suspension from the list of counsel
Regulation 72 Review of decisions of the Registrar
Regulation 73 Duty counselSection 2 Defence through counsel
Regulation 74 Defence through counsel
Regulation 75 Choice of defence counsel
Regulation 76 Appointment of defence counsel by a Chamber
Regulation 77 Office of Public Counsel for the defence
Regulation 78 Withdrawal of defence counselSection 3 Legal representatives of victims
Regulation 79 Decision of the Chamber concerning legal representatives of victims
Regulation 80 Appointment of legal representatives of victims by a Chamber
Regulation 81 Office of Public Counsel for victims
Regulation 82 Withdrawal of legal representatives of victimsSection 4 Legal assistance paid by the Court
Regulation 83 General scope of legal assistance paid by the Court
Regulation 84 Determination of means
Regulation 85 Decisions on payment of legal assistanceChapter 5 Victims participation and reparations
Regulation 86 Participation of victims in the proceedings under rule 89
Regulation 87 Information to victims
Regulation 88 Requests for reparations in accordance with rule 94Regulation 89 Scope of this chapter
Regulation 90 Management of the detention centre
Regulation 91 Treatment of detained persons
Regulation 92 Confidentiality of the detention record
Regulation 93 Information on arrival at the detention centre
Regulation 94 Inspections of the detention centre
Regulation 95 Discipline
Regulation 96 Suspension of regulations on detentionSection 2 Rights of a detained person and conditions of
detentionRegulation 97 Communication with defence counsel
Regulation 98 Diplomatic and consular assistance
Regulation 99 General entitlements of detained persons
Regulation 100 Visits
Regulation 101 Restrictions to access to news and contact
Regulation 102 Spiritual welfare
Regulation 103 Health and safety of detained persons
Regulation 104 Arrangements for the care of infants
Regulation 105 Accommodation
Regulation 106 ComplaintsChapter 7 Cooperation and enforcement
Regulation 107 Arrangements and agreements on cooperation
Regulation 108 Ruling regarding the legality of a request for cooperation
Regulation 109 Failure to comply with a request for cooperation
Regulation 110 Cooperation for the purposes of notification by way of personal service
Regulation 111 Information about admissibility ruling
Regulation 112 Views of the surrendering State in or after admissibility proceedingsRegulation 113 Enforcement unit within the Presidency
Regulation 114 Bilateral arrangements under rule 200, sub-rule 5
Regulation 115 Exercise of functions under rule 214, sub-rule 4
Regulation 116 Enforcement of fines, forfeiture orders and reparation orders
Regulation 117 Ongoing monitoring of financial situation of the sentenced person
Regulation 118 Procedure under rule 146, sub-rule 5Chapter 8 Removal from office and disciplinary measures
Regulation 119 Receipt and administration of complaints
Regulation 120 Procedure under rule 26, sub-rule 2
Regulation 121 Decision under rule 26, sub-rule 2, and transmission of complaint to the competent organ
Regulation 122 Procedure before the Presidency on disciplinary measures for a judge, the Registrar or the Deputy Registrar
Regulation 123 Procedure for removal from office of a judge, the Registrar or the Deputy Registrar
Regulation 124 Suspension from duty
Regulation 125 Initiation of proceedings by the PresidencyChapter 9 Adoption of the Code of Judicial Ethics
Chapter 1 General provisions
Regulation 1 Adoption of these Regulations
1. These Regulations have been adopted pursuant to article 52 and shall be read subject to the Statute and the Rules.
2. These Regulations have been adopted in English and French. Translations in the official languages of the Court are equally authentic.
Regulation 2 Use of terms
1. In these Regulations:
- “article” refers to an article of the Statute;
- “Assembly” refers to the Assembly of States Parties to the Statute;
- “Chamber” refers to a Chamber of the Court;
- “Chief Custody Officer” refers to the officer appointed by the Court as the head of the staff of the detention centre;
- “counsel” refers to a defence counsel and a legal representative of a victim;
- “Court” refers to the International Criminal Court;
- “Deputy Prosecutor” refers to a Deputy Prosecutor of the Court;
- “Deputy Registrar” refers to the Deputy Registrar of the Court;
- “detained person” refers to any person detained in a detention centre;
- “detention centre” refers to any prison facility other than the prison facility described in article 103, paragraph 4, maintained by the Court or maintained by other authorities and made available to the Court;
- “Division” refers to a Division of the Court;
- “Elements of Crimes” refers to the Elements of Crimes as described in article 9;
- “host State” refers to the Netherlands;
- “judge” refers to a judge of the Court;
- “list of counsel” refers to the list of counsel as described in rule 21, sub-rule 2;
- “Office of the Prosecutor” refers to the organ of the Court as described in article 34;
- “plenary session” refers to a plenary session of the judges as described in rule 4;
- “Presidency” refers to the organ of the Court as described in article 34 comprised of the President and the First and Second Vice-Presidents of the Court;
- “President” refers to the President of the Court;
- “Presiding Judge” refers to the Presiding Judge of a Chamber;
- “Prosecutor” refers to the Prosecutor of the Court;
- “Registrar” refers to the Registrar of the Court;
- “Registry” refers to the organ of the Court as described in article 34;
- “regulation” refers to a regulation of these Regulations;
- “Regulations” refers to the Regulations of the Court as adopted pursuant to article 52;
- “rule” refers to a rule of the Rules, including provisional rules drawn up under article 51, paragraph 3;
- “Rules” refers to the Rules of Procedure and Evidence;
- “State Party” refers to a State Party to the Statute;
- “Statute” refers to the Rome Statute of the Court.2. In these Regulations the singular shall include the plural and vice versa.
Regulation 3 Coordination Council
1. There shall be a Coordination Council comprised of the President on behalf of the Presidency, the Prosecutor and the Registrar.
2. The Coordination Council shall meet at least once a month and on any other occasion at the request of one of its members in order to discuss and coordinate on, where necessary, the administrative activities of the organs of the Court.
Article 34 Organs of the Court
Regulation 4 Advisory Committee on Legal Texts
1. There shall be an Advisory Committee on Legal Texts comprised of:
(a) Three judges, one from each Division, elected from amongst the members of the Division, who shall be members of the Advisory Committee for a period of three years;
(b) One representative from the Office of the Prosecutor;
(c) One representative from the Registry; and
(d) One representative of counsel included in the list of counsel.
2. The Advisory Committee shall elect a judge as chairperson for a period of three years who shall be eligible for re-election once. The Advisory Committee shall meet at least twice a year and at any time at the request of the Presidency.
3. The Chairperson of the Advisory Committee may, as appropriate, invite other interested groups or persons to present their views if considered relevant for the work of the Advisory Committee. The Chairperson may also seek the advice of experts.
4. The Advisory Committee shall consider and report on proposals for amendments to the Rules, Elements of Crimes and these Regulations. Subject to sub-regulation 5, it shall submit a written report in both working languages of the Court setting out its recommendations on such proposals to a plenary session. A copy thereof shall be provided to the Prosecutor and the Registrar. The Advisory Committee shall also consider and report on any matter referred to it by the Presidency.
5. When a proposal for an amendment to the Rules or to the Elements of Crimes is presented by the Prosecutor, the Advisory Committee shall transmit its report to the Prosecutor.
6. The Presidency may, as appropriate, designate one person, who may be assisted by others, to provide administrative and legal support to the Advisory Committee.
7. The Advisory Committee shall adopt its own rules of procedure.
Article 52 Regulations of the Court
Regulation 5 Amendments to the Rules and Elements of Crimes
1. Any proposal for amendments to the Rules pursuant to article 51 or to the Elements of Crimes pursuant to article 9 shall be submitted by a judge to the Advisory Committee on Legal Texts. The Prosecutor may submit proposals to the Advisory Committee on Legal Texts. All proposals, together with any explanatory material, shall be presented in writing in both working languages of the Court.
2. In urgent cases, where the Rules do not provide for a specific situation before the Court, the Presidency, on its own motion or at the request of a judge or the Prosecutor, may submit proposals for provisional rules under article 51, paragraph 3, directly to the judges for their consideration in a plenary session.
Regulation 6 Amendments to these Regulations
1. Any proposal for amendments to these Regulations shall be accompanied by explanatory material, and those documents shall be presented in writing to the Advisory Committee on Legal Texts in both working languages of the Court.
2. In urgent cases, the Presidency, on its own motion or at the request of a judge, the Prosecutor or the Registrar, may submit proposals for amendments to these Regulations directly to the judges for their consideration in a plenary session.
3. Amendments to these Regulations shall not be applied retroactively to the detriment of the person to whom article 55, paragraph 2, or article 58 applies, the accused, convicted or acquitted person.
Article 52 Regulations of the Court, paragraph 3
Regulation 7 Publication in the Official Journal
1. An Official Journal of the Court shall be created and shall contain the following texts and amendments thereto:
(a) The Statute;
(b) The Rules;
(c) The Elements of Crimes;
(d) These Regulations;
(e) The Regulations of the Office of the Prosecutor;
(f) The Regulations of the Registry;
(g) The Code of Professional Conduct for counsel;
(h) The Code of Judicial Ethics;
(i) The Staff Regulations;
(j) The Financial Regulations and Rules;
(k) The Agreement on the Privileges and Immunities of the International Criminal Court;
(l) The Relationship Agreement between the Court and the United Nations;
(m) The Headquarters Agreement with the host State;
(n) Any other material as decided by the Presidency in consultation with the Prosecutor and/or the Registrar.2. The Official Journal shall indicate the date when the text or anyamendment thereto came into force.
Regulation 8 Website of the Court
The following materials shall be published on the website of the Court:
(a) The Official Journal of the Court referred to in regulation 7;
(b) The calendar of the Court;
(c) Decisions and orders of the Court and other particulars of each case brought before the Court as described in rule 15;
(d) Any other material as decided by the Presidency, the Prosecutor or the Registrar.Chapter 2 Composition and administration of the Court
Regulation 9 Term of office
1. The term of office of judges shall commence on the eleventh of March following the date of their election.
2. The term of office of a judge elected to replace a judge whose term of office has not expired shall commence on the date of his or her election and shall continue for the remainder of the term of his or her predecessor.
Article 35 Service of judges, paragraph 1
Regulation 10 Precedence
1. In the exercise of their judicial functions, the judges, irrespective of age, date of election or length of service, are of equal status.
2. The President, the First Vice-President and the Second Vice-President, while holding these offices, shall take precedence over all other judges.
3. Judges shall take precedence according to the date of the commencement of their respective terms of office.
4. Judges whose terms of office begin on the same date shall take precedence according to seniority of age.
5. A judge who is re-elected in accordance with article 36, paragraph 9 (c), or article 37, paragraph 2, shall retain his or her precedence.
Regulation 11 The Presidency
1. The members of the Presidency shall attempt to achieve unanimity in any decision taken in carrying out their responsibilities under article 38, paragraph 3, failing which any such decision shall be taken by majority.
2. In the event that a member of the Presidency is unavailable or disqualified, his or her responsibilities as a member of the Presidency shall be carried out by the next available judge having precedence in accordance with regulation 10.
3. In exceptional circumstances such as in an emergency, where there is a need for the Presidency to act and where it is not possible for all three members of the Presidency to act together, the members of the Presidency who are immediately available may take the action required.
4. In the event that the President, the First Vice-President and the Second Vice-President are unavailable or disqualified, the functions of the President shall be carried out by the next available judge having precedence in accordance with regulation 10.
Regulation 12 Service within the Appeals Chamber
In the event that a member of the Appeals Chamber is disqualified, or unavailable for a substantial reason, the Presidency shall, in the interests of the administration of justice, attach to the Appeals Chamber on a temporary basis a judge from either the Trial or Pre-Trial Division, subject to article 39, paragraph 1. Under no circumstances shall a judge who has participated in the pre-trial or trial phase of a case be eligible to sit on the Appeals Chamber hearing that case; nor shall a judge who has participated in the appeal phase of a case be eligible to sit on the pre-trial or trial phase of that case.[1]
Regulation 13 Presiding Judges
1. The judges of the Appeals Chamber shall decide on a Presiding Judge for each appeal.
2. The judges of each Trial Chamber and of each Pre-Trial Chamber shall elect from amongst their members a Presiding Judge who shall carry out the functions conferred upon him or her by the Statute, Rules or otherwise.[10]
Article 39 Chambers, paragraph par. 2 (bi, ii, iii)
Regulation 14 President of the Division
The judges of each Division shall elect a President of the Division from amongst their members to oversee the administration of the Division. The President of the Division shall carry out this function for a period of one year.
Article 39 Chambers, paragraph 1
Regulation 15 Replacements
1. The Presidency shall be responsible for the replacement of a judge pursuant to rule 38 and in accordance with article 39 and shall also take into account, to the extent possible, gender and equitable geographical representation.[11]
2. Without prejudice to the criteria listed in sub-regulation 1, replacement within the Appeals Chamber shall take place in accordance with regulation 12.
Regulation 16 Alternate judges
Subject to the provisions of article 39 and pursuant to article 74, paragraph 1, alternate judges may be designated by the Presidency, on a case-bycase basis, first taking into account the availability of judges from the Trial Division and thereafter from the Pre-Trial Division.[12]
Regulation 17 Duty judge
1. The Presidency shall establish a duty roster of judges of the Pre-Trial Division. Each judge shall be on duty for a period of 14 days.
2. The duty judge shall be responsible for dealing with requests or applications:
(a) Where the request or application is submitted outside normal Registry hours, if the duty judge is satisfied that it is urgent; or
(b) Where the request or application is submitted during normal Registry hours and the Pre-Trial Chamber or Chamber referred to in regulation 46, sub-regulation 3, is unavailable, provided that the duty judge is satisfied that the matter is urgent and that it is appropriate for him or her to deal with it.
3. The duty roster of judges of the Pre-Trial Division shall be maintained by the Presidency and made available to the Registry.
Regulation 18 Duty legal officers of the Chambers
1. The Presidency shall establish a duty roster of legal officers of the Chambers. Each legal officer shall be on duty for a period of 14 days.
2. The duty legal officer of the Chambers shall be responsible for assisting the duty judge.
3. The duty roster of legal officers of the Chambers shall be maintained by the Presidency and made available to the Registry.
Regulation 19 Duty officers of the Registry
The Registrar shall establish a duty roster of officers of the Registry. Each officer shall be on duty for the period specified in the Regulations of the Registry.
Article 43 The Registry, paragraph 1
Chapter 3 Proceedings before the Court
Section 1 Provisions relating to all stages of the proceedings
Subsection 1 General provisions
Regulation 20 Public hearings
1. All hearings shall be held in public, unless otherwise provided in the Statute, Rules, these Regulations or ordered by the Chamber.
2. When a Chamber orders that certain hearings be held in closed session, the Chamber shall make public the reasons for such an order.[13]
3. A Chamber may order the disclosure of all or part of the record of closed proceedings when the reasons for ordering its non-disclosure no longer exist.
Article 64 Functions and powers of the Trial Chamber, paragraph 7
Article 67 Rights of the accused, paragraph 1
Article 68 Protection of the victims and witnesses and their participation in the proceedings, paragraph 2Regulation 21 Broadcasting, release of transcripts and recordings
1. The publicity of hearings may extend beyond the courtroom and may be through broadcasting by the Registry or release of transcripts or recordings, unless otherwise ordered by the Chamber.
2. In order to protect sensitive information, broadcasts of audio- and videorecordings of all hearings shall, unless otherwise ordered by the Chamber, be delayed by at least 30 minutes.
3. Witnesses and participants shall be informed that the public hearings of the Chamber are broadcast in accordance with this regulation. Any objection raised shall be ruled on by the Chamber in accordance with sub-regulations 4 and 5.
4. Any objection to the release of transcripts or recordings, or requests that certain testimony be excluded from broadcast, shall be made as soon as possible and, in any event, no later than at the commencement of the session at which the witness or participant is to appear.
5. The Chamber may decide to prohibit the broadcasting of any hearing of an objection until that objection has been ruled on.
6. The Chamber may order the termination of the broadcast of a hearing at any time.
7. All documentary evidence and other evidence introduced by a participant during a public hearing shall be available for broadcast, unless otherwise ordered by the Chamber.
8. At the request of a participant or the Registry, or proprio motu, and when possible within the time set out in sub-regulation 2, the Chamber may, in the interests of justice, order that any information likely to present a risk to the security or safety of victims, witnesses or other persons, or likely to be prejudicial to national security interests, shall not be published in any broadcast, audio- or video-recording or transcript of a public hearing.
9. The audio- and video-record of hearings shall be made available to the participants and the public in accordance with the procedures set out in the Regulations of the Registry, unless otherwise ordered by the Chamber.
Article 67 Rights of the accused, paragraph 1
Regulation 22 Definition of documents
The term “document” shall include any motion, application, request, response, reply, observation, representation and any other submission in a form capable of delivering a written record to the Court.
Regulation 23 Content of documents
1. Unless otherwise provided in the Statute, Rules, these Regulations or ordered by the Chamber, any document filed with the Court shall, as far aspracticable, state:
(a) The identity of the person filing the document;
(b) The situation or case number, the name of the person to whom article 55, paragraph 2, or article 58 applies, the accused, convicted or acquitted person, the name of counsel or representative, if any, and the Chamber to which the matter has been assigned;
(c) A brief summary of the reason for filing the document which is not a response or reply and the relief sought, if any;
(d) All relevant legal and factual issues, including details of the articles, rules, regulations or other applicable law relied upon.[14]
2. All standard forms and templates for use during the proceedings before the Court shall be approved by the Presidency. The Presidency may refer any matter relating to the standard forms and templates to the Advisory Committee on Legal Texts for its consideration.
3. Subject to any order of the Chamber, a participant shall file, with each document, copies of any authorities relied upon or, if appropriate, internet links. Participants are not required to file copies of decisions or orders of the Court. Authorities shall be provided in an authorised version together with a translation in at least one of the working languages of the Court if the original is not in one of those languages.
Regulation 24 Responses and replies
1. The Prosecutor and the defence may file a response to any document filed by any participant in the case in accordance with the Statute, Rules, these Regulations and any order of the Chamber.
2. Victims or their legal representatives may file a response to any document when they are permitted to participate in the proceedings in accordance with article 68, paragraph 3, and rule 89, sub-rule 1, subject to any order of the Chamber.
3. States participating in the proceedings may file a response to any document, subject to any order of the Chamber.
4. A response referred to in sub-regulations 1 to 3 may not be filed to any document which is itself a response or reply.
5. Participants may only reply to a response with the leave of the Chamber, unless otherwise provided in these Regulations.[20]
Regulation 25 Communications other than in writing
A person making a communication to the Court under rule 102 shall indicate at the start of the communication:
(a) His or her identity;
(b) The situation or case number, if known;
(c) The Chamber seized of the matter, if known;
(d) The name of the person to whom article 55, paragraph 2, or article 58 applies, the accused, convicted or acquitted person, if known;
(e) The purpose of the communication;
(f) When referring to a specific event, to the extent possible, the location, date and individuals involved.Regulation 26 Electronic management
1. The Court shall establish a reliable, secure, efficient electronic system which supports its daily judicial and operational management and its proceedings.[21]
2. The Registry shall be responsible for the implementation of the system described in sub-regulation 1, taking into account the specific requirements of the judicial activity of the Court, including the need to ensure authenticity, accuracy, confidentiality and preservation of judicial records and material.
3. Documents, decisions and orders shall, whenever possible, be submitted in electronic version for registration by the Registry. The electronic version of filings shall be authoritative.
4. In proceedings before the Court, evidence other than live testimony shall be presented in electronic form whenever possible. The original form of such evidence shall be authoritative.
Regulation 27 Transcripts
1. Real time transcripts of hearings shall be provided in at least one of the working languages of the Court to the extent technically possible. Transcripts of proceedings other than hearings may be provided upon request.
2. The transcripts constitute an integral part of the record of the proceedings. The electronic version of transcripts shall be authoritative.
Regulation 28 Questions by a Chamber
1. A Chamber may order the participants to clarify or to provide additional details on any document within a time limit specified by the Chamber.
2. A Chamber may order the participants to address specific issues in their written or oral submissions within a time limit specified by the Chamber.[22]
3. These provisions are without prejudice to the inherent powers of the Chamber.
Regulation 29 Non-compliance with these Regulations and with orders of a Chamber
1. In the event of non-compliance by a participant with the provisions of any regulation, or with an order of a Chamber made thereunder, the Chamber may issue any order that is deemed necessary in the interests of justice.
2. This provision is without prejudice to the inherent powers of the Chamber.
Article 71 Sanctions for misconduct before the Court, paragraph 1
Regulation 30 Status conferences
A Chamber may hold status conferences by way of hearings, including by way of audio- or video-link technology or by way of written submissions. The Chamber may require use of standard forms at a status conference as appropriate. Such standard forms shall be approved in accordance with regulation 23, sub-regulation 2.[23]
Article 64 Functions and powers of the Trial Chamber, paragraph 3(a)
Subsection 2 Distribution of documents
Regulation 31 Notification
1. Subject to the Statute, Rules, these Regulations or any order of a Chamber, all participants in the relevant proceedings shall be notified of any document registered by the Registry or any decision or order, unless, with regard to a document, the participant submitting that document requests otherwise. All participants shall provide to the Registry an electronic, facsimile or postal contact address for notification of documents, preferably in The Hague.
2. Unless otherwise provided in the Statute, Rules, these Regulations or ordered by the Chamber, a participant is deemed notified, informed of or to have had communicated to him or her, a document, decision or order on the day it is effectively sent from the Court by the Registry.[24] Such date shall be written on the notification form to be appended to all copies of the document, decision or order, as relevant. If the document, decision or order is not received, a participant may raise the issue and, as appropriate, may ask for a variation of the time limit in accordance with regulation 35. The Registrar shall retain and, if required, produce proof that the document, decision or order was effectively sent.
3. The relevant person shall be notified by way of personal service of the following documents:
(a) Warrants of arrest;
(b) Summonses to appear;
(c) Documents containing the charges; and
(d) Such other documents, decisions or orders ordered by the Chamber to be notified by way of personal service.4. Notification by way of personal service may be proved in the following manner:
(a) By confirmation in writing on the prescribed form by the person serving the document that notification by way of personal service has been effected; and
(b) By a signed acknowledgement of notification by way of personal service on the prescribed form by the relevant person. Where the relevant person declines or is unable to sign an acknowledgement of notification by way of personal service, the confirmation in (a) above shall be proof of such notification.
5. In respect of oral decisions or orders, notification shall be deemed effective on the day the decision or order is rendered orally by the Chamber unless:
(a) A participant was not present or represented when the decision or order was pronounced, in which case that participant shall be notified of the oral decision or order in accordance with sub-regulation 2; or
(b) The Chamber has indicated that a written decision or order will follow, in which case participants shall be notified of the written decision or order in accordance with sub-regulation 2.
Regulation 32 Recipients of documents, decisions and orders notified by the Court
1. A State shall be deemed notified when the official representative designated for proceedings before the Court has been notified of a document, decision or order. If a State does not designate such a representative, the State shall be deemed notified of the document, decision or order when it has been notified through the channel designated by that State in accordance with article 87.
2. Intergovernmental organisations and other organisations and institutions shall be deemed notified when the designated representative identified by the Registrar or the appropriate channel referred to in rule 177 has been notified of a document, decision or order.
3. A participant represented by counsel shall be deemed notified when his or her counsel has been notified of a document, decision or order at the electronic, facsimile or postal address which that counsel has indicated to the Registry in accordance with regulation 31, sub-regulation 1, unless otherwise provided in the Statute, Rules, these Regulations or ordered by the Chamber.
4. A person who is not represented by counsel shall be deemed notified when that person or the person, organisation or institution designated by that person has been notified of a document, decision or order.
5. The Prosecutor shall be deemed notified when the Office of the Prosecutor has been notified of a document, decision or order, unless it is explicitly specified that the Prosecutor shall be notified of the document, decision or order in person.
Subsection 3 Time and page limits
Regulation 33 Calculation of time limits
1. For the purposes of any proceedings before the Court, time shall be calculated as
follows:
(a) Days shall be understood as calendar days;
(b) The day of notification of a document, decision or order shall not be
counted as part of the time limit;
(c) Where the day of notification is a Friday, or the day before an official
holiday of the Court, the time limit shall not begin to run until the next working day of
the Court;
(d) Documents shall be filed with the Registry, at the latest, on the first
working day of the Court following expiry of the time limit.
2. Documents shall be filed with the Registry between 9am and 4pm The Hague
time or the time of such other place as designated by the Presidency, a Chamber or the
Registrar, except where the urgent procedure foreseen in regulation 24, sub-regulation 3
of the Regulations of the Registry applies.
3. Unless otherwise ordered by the Presidency or a Chamber, documents, decisions
or orders received or filed after the filing time prescribed in sub-regulation 2 shall be
notified on the next working day of the Court.Amended 14 November 2007, entered into force 18 December (sub-regulations 1 and 2 amended, new sub-regulations 1(c), 1(d) and 3 added).
Regulation 34 Time limits for documents filed with the Court
Unless otherwise provided in the Statute, Rules or these Regulations, or unless otherwise ordered:
(a) A Chamber may fix time limits for the submission of the initial document to be filed by a participant;
(b) A response referred to in regulation 24 shall be filed within 21 days of notification in accordance with regulation 31 of the document to which the participant is responding;
(c) Subject to leave being granted by a Chamber in accordance with regulation 24, sub-regulation 5, a reply shall be filed within ten days of notification in accordance with regulation 31 of the response.Regulation 35 Variation of time limits
1. Applications to extend or reduce any time limit as prescribed in these Regulations or as ordered by the Chamber shall be made in writing or orally to the Chamber seized of the matter setting out the grounds on which the variation is sought.
2. The Chamber may extend or reduce a time limit if good cause is shown and, where appropriate, after having given the participants an opportunity to be heard. After the lapse of a time limit, an extension of time may only be granted if the participant seeking the extension can demonstrate that he or she was unable to file the application within the time limit for reasons outside his or her control.[24bis]
Regulation 36 Format of documents and calculation of page limits
1. Headings, footnotes and quotations shall be counted in calculating the page
limits.
2. The following shall not be counted in calculating the page limits:
(a) Any addendum containing verbatim quotations of the Statute, Rules or these Regulations;
(b) Any appendix containing references, authorities, copies from the record, exhibits and other relevant, non-argumentative material. An appendix shall not contain submissions.
3. All documents shall be submitted on A4 format. Margins shall be at least 2.5
centimetres on all four sides. All documents that are filed shall be paginated, including
the cover sheet. The typeface of all documents shall be 12 point with 1.5 line spacing for
the text and 10 point with single spacing for footnotes. An average page shall not exceed
300 words.[25]Amended 14 June 2007, entered into force 18 December 2007 (former sub-regulation 3 deleted, former
sub-regulation 4 renumbered as sub-regulation 3).Regulation 37 Page limits for documents filed with the Registry
1. A document filed with the Registry shall not exceed 20 pages, unless otherwise provided in the Statute, Rules, these Regulations or ordered by the Chamber.
2. The Chamber may, at the request of a participant, extend the page limit in exceptional circumstances.
Regulation 38 Specific page limits
1. Unless otherwise ordered by the Chamber, the page limit shall not exceed 100 pages for the following documents and responses thereto, if any:
(a) A request under article 57, paragraph 3 (d), and rule 115, sub-rule 1, and the views submitted by the State Party as referred to in those provisions;
(b) The application of the Prosecutor for authorisation of the investigation under article 18, paragraph 2;
(c) Challenges to the admissibility or jurisdiction of the Court under article 19, paragraph 2;
(d) Requests by the State Party or the Security Council under article 53, paragraph 3 (a), to the Pre-Trial Chamber to reconsider a decision of the Prosecutor under article 53, paragraphs 1 and 2;
(e) The request for authorisation of an investigation under article 15, paragraph 3, and rule 50, sub-rule 2;
(f) Representations under article 75.
2. Unless otherwise ordered by the Chamber, the page limit shall not exceed 50 pages for the following documents and responses thereto, if any:
(a) Representations made by victims to the Pre-Trial Chamber under article 15, paragraph 3, and rule 50, sub-rule 3;
(b) Requests by the Prosecutor for a ruling regarding questions of jurisdiction or admissibility under article 19, paragraph 3;
(c) Requests by the Prosecutor to the Pre-Trial Chamber under article 18, paragraph 6, or article 19, paragraph 8;
(d) A document of the Prosecutor under article 56, paragraph 1 (a), containing the information that a unique investigative opportunity has arisen;
(e) A request by any participant to the Pre-Trial Chamber to take specific measures or to issue orders and warrants or to seek State cooperation;
(f) A request under rule 173 for compensation.
Subsection 4 Translation and Interpretation
Regulation 39 Language requirements
1. All documents and materials filed with the Registry shall be in English or French, unless otherwise provided in the Statute, Rules, these Regulations or authorised by the Chamber or the Presidency. If the original document or material is not in one of these languages, a participant shall attach a translation thereof.
2. Sub-regulation 1 shall not apply to victims who are not represented and do not have a sufficient knowledge of a working language of the Court or any other language authorised by the Chamber or the Presidency.
3. When a Chamber, in accordance with article 50, paragraph 3, and following consultation with the Registrar, authorises use by a participant of a language other than English or French, the expenses for interpretation and translation shall be borne by the Court.
Regulation 40 Language services of the Registry
1. The Registrar shall ensure that the decisions and texts envisaged in article 50, paragraph 1, and in rule 40, are translated into all the official languages of the Court. In addition, the Registrar shall ensure translation of those texts referred to in regulation 7, which the Presidency decides should be translated into all the official languages of the Court.
2. The Registrar shall ensure that interpretation services are provided in all proceedings:
(a) For English and French and any other official language used as a working language in accordance with rule 41;
(b) For the language of the person to whom article 58 applies, the accused, convicted or acquitted person if he or she does not fully understand or speak any of the working languages;
(c) For the other language, if any, authorised by the Chamber pursuantto article 50, paragraph 3, subject to regulation 39, sub-regulation 3.
3. The Registrar shall ensure translation into the other working language(s) of all decisions or orders taken by Chambers during proceedings.
4. The Registrar shall ensure translation and interpretation for the cases listed in regulation 39, sub-regulation 2.
5. The Registrar shall, if necessary, ensure translation into the language chosen by the requested State of requests under Part 9 of the Statute transmitted by the Registrar in accordance with article 87, paragraph 2, and rule 176, subrule 2.
6. The Registrar shall ensure translation into the language of the person to whom article 55, paragraph 2, or article 58 applies, the accused, convicted or acquitted person, if he or she does not fully understand or speak any of the working languages, of all decisions or orders in his or her case. Counsel shall be responsible for informing that person of the other documents in his or her case.
Subsection 5 Protective measures
Regulation 41 Victims and Witnesses Unit
The Victims and Witnesses Unit may, pursuant to article 68, paragraph 4, draw any matter to the attention of a Chamber where protective or special measures under rules 87 and 88 require consideration.
Regulation 42 Application and variation of protective measures
1. Protective measures once ordered in any proceedings in respect of a victim or witness shall continue to have full force and effect in relation to any other proceedings before the Court and shall continue after proceedings have been concluded, subject to revision by a Chamber.
2. When the Prosecutor discharges disclosure obligations in subsequent proceedings, he or she shall respect the protective measures as previously ordered by a Chamber and shall inform the defence to whom the disclosure is being made of the nature of these protective measures.
3. Any application to vary a protective measure shall first be made to the Chamber which issued the order. If that Chamber is no longer seized of the proceedings in which the protective measure was ordered, application may be made to the Chamber before which a variation of the protective measure is being requested. That Chamber shall obtain all relevant information from the proceedings in which the protective measure was first ordered.[26]
4. Before making a determination under sub-regulation 3, the Chamber shall seek to obtain, whenever possible, the consent of the person in respect of whom the application to rescind, vary or augment protective measures has been made.
Article 68 Protection of the victims and witnesses and their participation in the proceedings
Subsection 6 Evidence
Regulation 43 Testimony of witnesses
Subject to the Statute and the Rules, the Presiding Judge, in consultation with the other members of the Chamber, shall determine the mode and order of questioning witnesses and presenting evidence so as to:
(a) Make the questioning of witnesses and the presentation of evidence fair and effective for the determination of the truth;
(b) Avoid delays and ensure the effective use of time.Regulation 44 Experts
1. The Registrar shall create and maintain a list of experts accessible at all times to all organs of the Court and to all participants. Experts shall be included on such a list following an appropriate indication of expertise in the relevant field. A person may seek review by the Presidency of a negative decision of the Registrar.
2. The Chamber may direct the joint instruction of an expert by the participants.[27]
3. On receipt of the report prepared by an expert jointly instructed, a participant may apply to the Chamber for leave to instruct a further expert.
4. The Chamber may proprio motu instruct an expert.
5. The Chamber may issue any order as to the subject of an expert report, the number of experts to be instructed, the mode of their instruction, the manner in which their evidence is to be presented and the time limits for the preparation and notification of their report.
Section 2 Pre-trial
Regulation 45 Information provided by the Prosecutor
The Prosecutor shall inform the Presidency in writing as soon as a situation has been referred to the Prosecutor by a State Party under article 14 or by the Security Council under article 13, sub-paragraph (b); and shall provide the Presidency with any other information that may facilitate the timely assignment of a situation to a Pre-Trial Chamber, including, in particular, the intention of the Prosecutor to submit a request under article 15, paragraph 3.
Regulation 46 Pre-Trial Chamber
1. The Presidency shall constitute permanent Pre-Trial Chambers with fixed compositions.
2. The Presidency shall assign a situation to a Pre-Trial Chamber as soon as the Prosecutor has informed the Presidency in accordance with regulation 45. The Pre-Trial Chamber shall be responsible for any matter, request or information arising out of the situation assigned to it, save that, at the request of a Presiding Judge of a Pre-Trial Chamber, the President of the Pre-Trial Division may decide to assign a matter, request or information arising out of that situation to another Pre-Trial Chamber in the interests of the administration of justice.[50]
3. Any matter, request or information not arising out of a situation assigned to a Pre-Trial Chamber in accordance with sub-regulation 2, shall be directed by the President of the Pre-Trial Division to a Pre-Trial Chamber according to a roster established by the President of that Division.
Article 39 Chambers, par. 2 (b) (iii)
Regulation 47 Single judge
1. The designation of a single judge in accordance with article 39, paragraph 2 (b) (iii), and rule 7 shall be based on criteria agreed upon by the Pre-Trial Chamber, including seniority of age and criminal trial experience. Other criteria may include consideration of the issues involved and the circumstances of the proceedings before the Chamber, as well as the distribution of work within the Chamber and the proper management and efficiency in the handling of cases.
2. The single judge designated by the Pre-Trial Chamber shall, as far as possible, act for the duration of a case. The Pre-Trial Chamber may designate more than one single judge when the efficient management of the workload of the Chamber so requires.[51]
Article 57 Functions and powers of the Pre-Trial Chamber, par 2(b)
Regulation 48 Information necessary for the Pre-Trial Chamber
1. The Pre-Trial Chamber may request the Prosecutor to provide specific or additional information or documents in his or her possession, or summaries thereof, that the Pre-Trial Chamber considers necessary in order to exercise the functions and responsibilities set forth in article 53, paragraph 3 (b), article 56, paragraph 3 (a), and article 57, paragraph 3 (c).
2. The Pre-Trial Chamber shall take such measures as are necessary under articles 54, 72 and 93 to protect the information and documents referred to in sub-regulation 1 and under article 68, paragraph 5, to protect the safety of witnesses and victims and members of their families.
3. Nothing in this regulation shall prejudice the requirements of confidentiality applicable under article 54, paragraph 3 (e) and (f).
Regulation 49 The request for authorisation
1. A request by the Prosecutor to a Pre-Trial Chamber for authorisation of an investigation pursuant to article 15, paragraph 3, shall be in writing and shall contain:
(a) A reference to the crimes which the Prosecutor believes have been or are being committed and a statement of the facts being alleged to provide the reasonable basis to believe that those crimes have been or are being committed;
(b) A declaration of the Prosecutor with reasons that the listed crimes fall within the jurisdiction of the Court.
2. The statement of the facts referred to in sub-regulation 1 (a) shall indicate, as a minimum:
(a) The places of the alleged commission of the crimes, e.g. country, town, as precisely as possible;
(b) The time or time period of the alleged commission of the crimes; and
(c) The persons involved, if identified, or a description of the persons or groups of persons involved.3. The appendix to the request shall include, if possible:
(a) The chronology of relevant events;
(b) Maps showing relevant information, including the location of the alleged crimes; and
(c) An explanatory glossary of relevant names of persons, locations and institutions.Regulation 50 Specific time limits
1. The time limit for victims to make representations under article 15, paragraph 3, and rule 50, sub-rule 3, shall be 30 days following information given in accordance with rule 50, sub-rule 1.
2. The time limit for a State Party to express its views on a request by the Prosecutor for authorisation to take certain measures within its territory in accordance with rule 115, sub-rule 2, shall be ten days from notification.
Regulation 51 Decision on interim release
For the purposes of a decision on interim release, the Pre-Trial Chamber shall seek observations from the host State and from the State to which the person seeks to be released.
Article 60 Initial proceedings before the Court, paragraph 1
Regulation 52 Document containing the charges
The document containing the charges referred to in article 61 shall include:
(a) The full name of the person and any other relevant identifying information;
(b) A statement of the facts, including the time and place of the alleged crimes, which provides a sufficient legal and factual basis to bring the person or persons to trial, including relevant facts for the exercise of jurisdiction by the Court;
(c) A legal characterisation of the facts to accord both with the crimes under articles 6, 7 or 8 and the precise form of participation under articles 25 and 28.
Regulation 53 Decision of the Pre-Trial Chamber following the confirmation hearing
The written decision of the Pre-Trial Chamber setting out its findings on each of the charges shall be delivered within 60 days from the date the confirmation hearing ends.
Article 61 Confirmation of the charges before trial, paragraph 9
Section 3 Trial
Regulation 54 Status conferences before the Trial Chamber
At a status conference, the Trial Chamber may, in accordance with the Statute and the Rules, issue any order in the interests of justice for the purposes of the proceedings on, inter alia, the following issues:
(a) The length and content of legal arguments and the opening and closing statements;
(b) A summary of the evidence the participants intend to rely on;
(c) The length of the evidence to be relied on;
(d) The length of questioning of the witnesses;
(e) The number and identity (including any pseudonym) of the witnesses to be called;
(f) The production and disclosure of the statements of the witnesses on which the participants propose to rely;
(g) The number of documents as referred to in article 69, paragraph 2, or exhibits to be introduced together with their length and size;
(h) The issues the participants propose to raise during the trial;
(i) The extent to which a participant can rely on recorded evidence, including the transcripts and the audio- and video-record of evidence previously given;
(j) The presentation of evidence in summary form;
(k) The extent to which evidence is to be given by an audio- or videolink;
(l) The disclosure of evidence;
(m) The joint or separate instruction by the participants of expert witnesses;
(n) Evidence to be introduced under rule 69 as regards agreed facts;
(o) The conditions under which victims shall participate in the proceedings;
(p) The defences, if any, to be advanced by the accused.Article 39 Chambers, paragraph 2 (b)(ii)
Article 64 Functions and powers of the Trial Chamber, paragraph 7Regulation 55 Authority of the Chamber to modify the legal characterisation of facts
1. In its decision under article 74, the Chamber may change the legal characterisation of facts to accord with the crimes under articles 6, 7 or 8, or to accord with the form of participation of the accused under articles 25 and 28, without exceeding the facts and circumstances described in the charges and any amendments to the charges.[52]
2. If, at any time during the trial, it appears to the Chamber that the legal characterisation of facts may be subject to change, the Chamber shall give notice to the participants of such a possibility and having heard the evidence, shall, at an appropriate stage of the proceedings, give the participants the opportunity to make oral or written submissions. The Chamber may suspend the hearing to ensure that the participants have adequate time and facilities for effective preparation or, if necessary, it may order a hearing to consider all matters relevant to the proposed change.[53]
3. For the purposes of sub-regulation 2, the Chamber shall, in particular, ensure that the accused shall:
(a) Have adequate time and facilities for the effective preparation of his or her defence in accordance with article 67, paragraph 1 (b); and
(b) If necessary, be given the opportunity to examine again, or have examined again, a previous witness, to call a new witness or to present other evidence admissible under the Statute in accordance with article 67, paragraph 1 (e).
Regulation 56 Evidence under article 75
The Trial Chamber may hear the witnesses and examine the evidence for the purposes of a decision on reparations in accordance with article 75, paragraph 2, at the same time as for the purposes of trial.[54]
Section 4 Appeal and revision
Subsection 1 Appeal
Regulation 57 Appeal
For the purposes of rule 150, the appellant shall file a notice of appeal which shall state:
(a) The name and number of the case;
(b) The date of the decision of conviction or acquittal, sentence or reparation order appealed against;
(c) Whether the appeal is directed against the whole decision or part thereof;
(d) The relief sought.Article 81 Appeal against decision of acquittal or conviction or against sentence
Regulation 58 Document in support of the appeal
1. Having filed an appeal in accordance with regulation 57, the appellant shall file a document in support of the appeal within 90 days of notification of the relevant decision.
2. The document in support of the appeal shall contain the grounds of appeal. Each ground of appeal shall be divided into two parts:
(a) The ground of appeal;
(b) The legal and/or factual reasons in support of the ground of appeal.3. The legal and/or factual reasons referred to in sub-regulation 2 (b) shall be set out in separate paragraphs. Reference shall be made to the relevant part of the record or any other document or source of information as regards any factual issue. Each legal reason shall be set out together with reference to any relevant article, rule, regulation or other applicable law, and any authority cited in support thereof. Where applicable, the finding or ruling challenged in the decision shall be identified, with specific reference to the page and paragraph number.
4. Grounds of appeal may be advanced cumulatively or in the alternative.
5. The document in support of the appeal shall not exceed 100 pages.
Article 81 Appeal against decision of acquittal or conviction or against sentence
Regulation 59 Response
1. A participant may file a response within 60 days of notification of the document in support of the appeal described in regulation 58 as follows:
(a) Each ground of appeal shall be answered separately, stating whether it is opposed, in whole or in part, together with the grounds put forward in support thereof; it shall also be stated whether the relief sought is opposed, in whole or in part, together with the grounds of opposition in support thereto;
(b) When facts are relied on that are not already set out in the appeal or the document in support of the appeal, reference shall be made to the relevant part of the record or any other document or source of information;
(c) Each legal reason relied on in support of the response shall be set out together with reference to any relevant article, rule, regulation or other applicable law, and any authority cited in support thereof.
2. The response shall not exceed 100 pages. To the extent possible, it shall be set out and numbered in the same order as in the document described in regulation 58.
Article 81 Appeal against decision of acquittal or conviction or against sentence
Regulation 60 Reply
1. Whenever the Appeals Chamber considers it necessary in the interests of justice, it may order the appellant to file a reply within such time as it may specify in its order.
2. Any reply filed in accordance with sub-regulation 1 shall not exceed 50 pages. To the extent possible, it shall be set out and numbered in the same order as in the documents described in regulations 58 and 59.
Article 81 Appeal against decision of acquittal or conviction or against sentence
Regulation 61 Variation of grounds of appeal presented before the Appeals Chamber
1. An application for variation of grounds of appeal shall state the name and number of the case and shall specify the variation sought and the reasons in support thereof.
2. The application for variation shall be filed as soon as the reasons warranting it become known.
3. Participants may file a response within seven days of notification of the application for variation.
4. The response shall state the name and number of the case and shall specify the legal or factual reasons advanced by way of opposition.
5. If the variation is granted, the Appeals Chamber shall specify both the time limit within which the appellant shall file the document setting out the grounds of appeal as varied and the page limit for that document. Regulation 58, sub-regulations 2 and 3, shall apply mutatis mutandis.
6. Any response to the document described in sub-regulation 5 shall be filed within the time limit specified by the Appeals Chamber. The Appeals Chamber may also fix a page limit for the response and otherwise regulation 59 shall apply mutatis mutandis.
7. Regulation 60 shall apply mutatis mutandis with regard to any reply to the response filed in accordance with sub-regulation 6.
Article 81 Appeal against decision of acquittal or conviction or against sentence
Regulation 62 Additional evidence presented before the Appeals Chamber
1. A participant seeking to present additional evidence shall file an application setting out:
(a) The evidence to be presented;
(b) The ground of appeal to which the evidence relates and the reasons, if relevant, why the evidence was not adduced before the Trial Chamber.2. The Appeals Chamber may:
(a) Decide to first rule on the admissibility of the additional evidence, in which case it shall direct the participant affected by the application filed under sub-regulation 1 to address the issue of admissibility of the evidence in his or her response, and to adduce any evidence in response only after a decision on the admissibility of that evidence has been issued by the Appeals Chamber; or
(b) Decide to rule on the admissibility of the additional evidence jointly with the other issues raised in the appeal, in which case it shall direct the participant affected by the application filed under sub-regulation 1 to both file a response setting out arguments on that application and to adduce any evidence in response.
3. The responses described in sub-regulation 2 shall be filed within a time limit specified by the Appeals Chamber and shall be set out and numbered, to the extent possible, in the same order as in the application to present evidence.
4. If several defendants are participants in the appeal, the evidence admitted on behalf of any of them shall, where relevant, be considered in respect of all of them.Article 84 Revision of conviction or sentence, paragraph 1(a)
Regulation 63 Consolidated appeals under rule 150
1. Unless otherwise ordered by the Appeals Chamber, in a case of more than one appeal under rule 150:
(a) When the Prosecutor appeals, he or she shall file one consolidated document in support of all appeals in accordance with regulation 58;
(b) When more than one convicted person files a document in support of the appeal, the Prosecutor shall file a consolidated response in accordance with regulation 59.
2. Regulation 60 shall apply mutatis mutandis and any reply filed by the Prosecutor shall be by way of a consolidated reply.
3. For a consolidated document in support of more than one appeal and a consolidated response, as described in sub-regulation 1, the page limit shall be 100 pages plus a further 40 pages for each additional convicted or acquitted person. The page limit for any consolidated reply as described in subregulation 2 shall be 50 pages plus a further 20 pages for each additional convicted or acquitted person.
4. The time limit for filing a consolidated response by the Prosecutor shall run from notification of the last document filed in support of the appeal by a convicted person in a given case.
Article 81 Appeal against decision of acquittal or conviction or against sentence
Regulation 64 Appeals under rule 154
1. An appeal filed under rule 154 shall state:
(a) The name and number of the case or situation;
(b) The title and date of the decision being appealed;
(c) The specific provision of the Statute pursuant to which the appeal is filed;
(d) The relief sought.2. Subject to sub-regulations 5 and 6, the appellant shall file a document in support of the appeal, with reference to the appeal, within 21 days of notification of the relevant decision. The document in support of the appeal shall set out the grounds of appeal and shall contain the legal and/or factual reasons in support of each ground of appeal. Each reason shall be set out in separate paragraphs. Reference shall be made to the relevant part of the record or any other document or source of information as regards any factual issue. Each legal reason shall be set out together with reference to any relevant article, rule, regulation or other applicable law, and any authority cited in support thereof. The document in support of the appeal shall, where applicable, identify the finding or ruling challenged in the decision, with specific reference to the page and paragraph number.
3. Grounds of appeal may be advanced cumulatively or in the alternative.
4. Subject to sub-regulations 5 and 6, a participant may file a response within
21 days of notification of the document in support of the appeal as follows:
(a) Each ground of appeal shall be answered separately, stating
whether it is opposed, in whole or in part, together with the grounds put
forward in support thereof; it shall also be stated whether the relief sought is
opposed, in whole or in part, together with the grounds of opposition in
support thereto;
(b) The legal and/or factual reasons in support.
5. For appeals filed under article 82, paragraph 1 (b), the document in
support of the appeal shall be filed by the appellant within seven days of
notification of the relevant decision. The response shall be filed within five days
of notification of the document in support of the appeal.
6. For appeals filed under article 82, paragraph 1 (c), the document in
support of the appeal shall be filed by the appellant within four days of
notification of the relevant decision. The response shall be filed within two days
of notification of the document in support of the appeal.
Regulation 65 Appeals under rule 155
1. An application for leave to appeal under rule 155 shall state the name and
number of the case or situation and shall specify the legal and/or factual reasons
in support thereof. If the facts relied upon in support are not apparent from the
record of the proceedings, they shall, as far as possible, be substantiated by a
solemn affirmation by a person having knowledge of the facts stated therein.
2. An application for leave to appeal under article 82, paragraph 1 (d), shall
specify the reasons warranting immediate resolution by the Appeals Chamber of
the matter at issue.
3. Participants may file a response within three days of notification of the
application described in sub-regulation 1, unless the Pre-Trial or Trial Chamber
concerned orders an immediate hearing of the application. In the latter case, the
participants shall be afforded an opportunity to be heard orally.
4. When leave to appeal is granted, the appellant shall file, within ten days
of notification of the decision granting leave to appeal, a document in support of
the appeal in accordance with regulation 64, sub-regulation 2. Such document
shall also contain the precise title and date of filing of the decision granting leave
to appeal.
5. Participants may file a response within ten days of notification of the
document in support of the appeal. Regulation 64, sub-regulation 4, shall apply
mutatis mutandis.
Subsection 2 Revision
Regulation 66 Procedure leading to the determination on revision
1. An application for revision under article 84, paragraph 1, and rule 159
shall state the name and number of the original case. An application under article
84, paragraph 1 (a), shall set out the new facts or evidence, unknown or
unavailable at the time of trial, and shall indicate the effect that the production of
such facts or evidence at the trial might have had upon the decision of the Court.
Other applications shall set out the reasons in accordance with article 84,
paragraph 1 (b) or (c). The facts relied upon in any application for revision shall,
as far as possible, be supported by a solemn affirmation by a person having
knowledge of the facts. The application shall not exceed 100 pages.
2. As far as possible, the application for revision shall be notified to the
participants in the original proceedings and to any other person having a direct
interest in the revision proceedings. Such participants and persons may file a
response within 40 days of notification of that application.
3. The response described in sub-regulation 2 shall contain the name and
number of the case and shall set out the legal and/or factual reasons advanced in
support thereof. Facts tending to deny or contradict the existence of the facts
upon which the application is founded shall be outlined in the response and shall
be supported by a solemn affirmation by a person having knowledge of such
facts. The response shall not exceed 100 pages.
4. Whenever the Appeals Chamber considers it necessary in the interests of
justice, it may order the appellant to file a reply within such time as it may
specify in its order.
Chapter 4 Counsel issues and legal assistance
Section 1 List of counsel and duty counsel
Regulation 67 Criteria to be met by counsel
1. The necessary relevant experience for counsel as described in rule 22 shall
be at least ten years.
2. Counsel should not have been convicted of a serious criminal or
disciplinary offence considered to be incompatible with the nature of the office of
counsel before the Court.
Regulation 68 Assistants to counsel
Persons assisting counsel as described in rule 22, sub-rule 1, may include
persons who can assist counsel in the presentation of the case before a Chamber.
The criteria to be met by these persons shall be determined in the Regulations of
the Registry.
Regulation 69 Proof and control of criteria to be met by counsel
1. A person seeking to be included in the list of counsel shall complete the
forms provided by the Registrar for this purpose.
2. A person referred to in sub-regulation 1 shall also provide:
(a) A detailed curriculum vitae;
(b) A certificate issued by each Bar association the person is registered
with, and/or each relevant controlling administrative authority confirming his
or her qualifications, the right to practise and the existence, if any, of
disciplinary sanctions or ongoing disciplinary proceedings; and
(c) A certificate issued by the relevant authority of each State of which
the person is a national or where the person is domiciled stating the existence,
if any, of criminal convictions.
3. A person referred to in sub-regulation 1 or counsel already included in the
list of counsel shall immediately inform the Registrar of any changes to the
information he or she has provided that are more than de minimis, including the
initiation of any criminal or disciplinary proceedings against the person.
4. The Registrar may at any stage take steps to verify the information
provided by any person referred to in sub-regulation 1 and by counsel already
included in the list of counsel.
Regulation 70 Inclusion in the list of counsel
1. On receipt of an application by a person seeking to be included in the list
of counsel, the Registrar shall establish whether the person has provided the
information required under regulation 69. Thereafter, the Registrar shall
acknowledge receipt of the application and, where relevant, direct the person to
submit additional information.
2. The decision as to whether a person shall be included in the list of counsel
shall be notified to that person. If the application is refused, the Registrar shall
provide reasons and information on how to apply for review of that decision in
accordance with regulation 72.
Regulation 71 Removal and suspension from the list of counsel
1. The Registrar shall remove a counsel from the list of counsel where he or
she:
(a) No longer meets the criteria required for inclusion in the list of
counsel;
(b) Has been permanently banned from practising before the Court as
a result of disciplinary proceedings held in accordance with the Code of
Professional Conduct for counsel;
(c) Has been found guilty of an offence against the administration of
justice as described in article 70, paragraph 1; or
(d) Has been permanently interdicted from exercising his or her
functions before the Court in accordance with rule 171, sub-rule 3.
2. The Registrar shall suspend a counsel from the list of counsel where he or
she has been:
(a) Temporarily suspended in a disciplinary proceeding according to
the Code of Professional Conduct for counsel; or
(b) Temporarily interdicted from exercising his or her functions before
the Court for a period exceeding 30 days in accordance with rule 171, sub-rule
3.
3. The Registrar shall notify the relevant counsel of his or her decision under
sub-regulations 1 or 2. The Registrar shall provide reasons and information on
how to apply for review of that decision in accordance with regulation 72.
Regulation 72 Review of decisions of the Registrar
1. Application may be made to the Presidency for review of:
(a) A decision under regulation 70, sub-regulation 2, refusing to
include a person in the list of counsel;
(b) A decision under regulation 71, sub-regulation 1, removing counsel
from the list of counsel; or
(c) A decision under regulation 71, sub-regulation 2, suspending
counsel from the list of counsel.
2. Applications as described in sub-regulation 1 shall be set out in
accordance with regulation 23 and be filed within 15 days of notification of the
relevant decision of the Registrar.
3. The Registrar may file a response within 15 days of notification of the
application as referred to in sub-regulations 1 and 2.
4. The Presidency may ask the Registrar to provide any additional
information necessary to decide on the application. The decision of the
Presidency shall be final.
Regulation 73 Duty counsel
1. The Registrar shall establish and maintain a roster of counsel included in
the list of counsel who are available at any time to represent any person before
the Court or to represent the interests of the defence.
2. If any person requires urgent legal assistance and has not yet secured legal
assistance, or where his or her counsel is unavailable, the Registrar may appoint
duty counsel, taking into account the wishes of the person, and the geographical
proximity of, and the languages spoken by, the counsel.[55]
Article 55 Rights of persons during an investigation, par 2 (c)
Section 2 Defence through counsel
Regulation 74 Defence through counsel
1. Defence counsel shall act in proceedings before the Court either when
chosen by the person entitled to legal assistance in accordance with rule 21, subrule
2, or when the Chamber has appointed counsel in accordance with the
Statute, Rules or these Regulations.
2. When represented by defence counsel, the person entitled to legal
assistance shall, subject to article 67, paragraph 1 (h), act before the Court
through his or her counsel, unless otherwise authorised by the Chamber.
Regulation 75 Choice of defence counsel
1. If the person entitled to legal assistance chooses a counsel included in the
list of counsel, the Registrar shall contact that counsel. If the counsel is willing
and ready to represent the person, the Registrar shall facilitate the issuance of a
power of attorney for this counsel by the person.
2. If the person entitled to legal assistance chooses a counsel not on the list of
counsel who is willing and ready to represent him or her and to be included in
the list, the Registrar shall decide on the eligibility of that counsel in accordance
with regulation 70 and, upon inclusion in the list, shall facilitate the issuance of a
power of attorney. Until the filing of a power of attorney, the person entitled to
legal assistance may be represented by duty counsel in accordance with
Regulation 76 Appointment of defence counsel by a Chamber
1. A Chamber, following consultation with the Registrar, may appoint
counsel in the circumstances specified in the Statute and the Rules or where the
interests of justice so require.[56]
2. Where the Chamber decides to appoint counsel in accordance with subregulation
1, and where the counsel considered for appointment is not included
in the list of counsel, the Registrar shall first decide on the eligibility of that
counsel to be included in the list in accordance with regulation 70. The Chamber
may also appoint counsel from the Office of Public Counsel for the defence.
Regulation 77 Office of Public Counsel for the defence
1. The Registrar shall establish and develop an Office of Public Counsel for
the defence for the purpose of providing assistance as described in subregulations
4 and 5.
2. The Office of Public Counsel for the defence shall fall within the remit of
the Registry solely for administrative purposes and otherwise shall function as a
wholly independent office. Counsel and assistants within the Office shall act
independently.
3. The Office of Public Counsel for the defence may include a counsel who
meets the criteria set out in rule 22 and regulation 67. The Office shall include
assistants as referred to in regulation 68.
4. The tasks of the Office of Public Counsel for the defence shall include
representing and protecting the rights of the defence during the initial stages of
the investigation, in particular for the application of article 56, paragraph 2 (d),
and rule 47, sub-rule 2.
5. The Office of Public Counsel for the defence shall also provide support
and assistance to defence counsel and to the person entitled to legal assistance,
including, where appropriate:
(a) Legal research and advice; and
(b) Appearing before a Chamber in respect of specific issues.
Article 67 Rights of the accused
Regulation 78 Withdrawal of defence counsel
Prior to withdrawal from a case, defence counsel shall seek the leave of
the Chamber.
Section 3 Legal representatives of victims
Regulation 79 Decision of the Chamber concerning legal representatives of victims
1. The decision of the Chamber to request the victims or particular groups of
victims to choose a common legal representative or representatives may be made
in conjunction with the decision on the application of the victim or victims to
participate in the proceedings.
2. When choosing a common legal representative for victims in accordance
with rule 90, sub-rule 3, consideration should be given to the views of the
victims, and the need to respect local traditions and to assist specific groups of
victims.
3. Victims may request the relevant Chamber to review the Registrar’s
choice of a common legal representative under rule 90, sub-rule 3, within 30 days
of notification of the Registrar’s decision.
Regulation 80 Appointment of legal representatives of victims by a Chamber
1. A Chamber, following consultation with the Registrar, may appoint a
legal representative of victims where the interests of justice so require.
2. The Chamber may appoint counsel from the Office of Public Counsel for
victims.
Regulation 81 Office of Public Counsel for victims
1. The Registrar shall establish and develop an Office of Public Counsel for
victims for the purpose of providing assistance as described in sub-regulation 4.
2. The Office of Public Counsel for victims shall fall within the remit of the
Registry solely for administrative purposes and otherwise shall function as a
wholly independent office. Counsel and assistants within the Office shall act
independently.
3. The Office of Public Counsel for victims may include a counsel who meets
the criteria set out in rule 22 and regulation 67. The Office shall include assistants
as referred to in regulation 68.
4. The Office of Public Counsel for victims shall provide support and
assistance to the legal representative for victims and to victims, including, where
appropriate:
(a) Legal research and advice; and
(b) Appearing before a Chamber in respect of specific issues.[57]
Article 43 The Registry, paragraph 6
Regulation 82 Withdrawal of legal representatives of victims
Prior to withdrawal from a case, legal representatives of victims shall seek
the leave of the Chamber.
Section 4 Legal assistance paid by the Court
Regulation 83 General scope of legal assistance paid by the Court
1. Legal assistance paid by the Court shall cover all costs reasonably
necessary as determined by the Registrar for an effective and efficient defence,
including the remuneration of counsel, his or her assistants as referred to in
regulation 68 and staff, expenditure in relation to the gathering of evidence,
administrative costs, translation and interpretation costs, travel costs and daily
subsistence allowances.
2. The scope of legal assistance paid by the Court regarding victims shall be
determined by the Registrar in consultation with the Chamber, where
appropriate.
3. A person receiving legal assistance paid by the Court may apply to the
Registrar for additional means which may be granted depending on the nature of
4. Decisions by the Registrar on the scope of legal assistance paid by the
Court as defined in this regulation may be reviewed by the relevant Chamber on
application by the person receiving legal assistance.
Regulation 84 Determination of means
1. Where a person applies for legal assistance to be paid by the Court, the
Registrar shall determine the applicant’s means and whether he or she shall be
provided with full or partial payment of legal assistance.
2. The means of the applicant shall include means of all kinds in respect of
which the applicant has direct or indirect enjoyment or power freely to dispose,
including, but not limited to, direct income, bank accounts, real or personal
property, pensions, stocks, bonds or other assets held, but excluding any family
or social benefits to which he or she may be entitled. In assessing such means,
account shall also be taken of any transfers of property by the applicant which
the Registrar considers relevant, and of the apparent lifestyle of the applicant.
The Registrar shall allow for expenses claimed by the applicant provided they
are reasonable and necessary.
Regulation 85 Decisions on payment of legal assistance
1. In accordance with the procedure set out in the Regulations of the
Registry, the Registrar shall decide within one month of the submission of an
application or, within one month of expiry of a time limit set in accordance with
the Regulations of the Registry, whether legal assistance should be paid by the
Court. The decision shall be notified to the applicant together with the reasons
for the decision and instructions on how to apply for review. The Registrar may,
in appropriate circumstances, make a provisional decision to grant payment of
legal assistance.
2. The Registrar shall reconsider his or her decision on payment of legal
assistance if the financial situation of the person receiving such legal assistance is
found to be different than indicated in the application, or if the financial situation
of the person has changed since the application was submitted. Any revised
decision shall be notified to the person together with the reasons for the decision
and instructions on how to apply for review.
3. Persons as referred to in sub-regulations 1 and 2 may seek review of the
decisions described in those provisions by the Presidency within 15 days of
notification of the relevant decision. The decision of the Presidency shall be final.
4. Subject to rule 21, sub-rule 5, where legal assistance has been paid by the
Court and it is subsequently established that the information provided to the
Registrar on the applicant’s means was inaccurate, the Registrar may seek an
order from the Presidency for recovery of the funds paid from the person who
received legal assistance paid by the Court. The Registrar may seek the assistance
of the relevant States Parties to enforce that order.
Chapter 5 Victims participation and reparations
Regulation 86 Participation of victims in the proceedings under rule 89
1. For the purposes of rule 89 and subject to rule 102 a victim shall make a written application to the Registrar who shall develop standard forms for that purpose which shall be approved in accordance with regulation 23, subregulation 2. These standard forms shall, to the extent possible, be made available to victims, groups of victims, or intergovernmental and nongovernmental organizations, which may assist in their dissemination, as widely as possible. These standard forms shall, to the extent possible, be used by victims.[59]
2. The standard forms or other applications described in sub-regulation 1 shall contain, to the extent possible, the following information:
(a) The identity and address of the victim, or the address to which the victim requests all communications to be sent; in case the application is presented by someone other than the victim in accordance with rule 89, subrule 3, the identity and address of that person, or the address to which that person requests all communications to be sent;
(b) If the application is presented in accordance with rule 89, subrule 3, evidence of the consent of the victim or evidence on the situation of the victim, being a child or a disabled person, shall be presented together with the application, either in writing or in accordance with rule 102;
(c) A description of the harm suffered resulting from the commission of any crime within the jurisdiction of the Court, or, in case of a victim being an organization or institution, a description of any direct harm as described in rule 85 (b);
(d) A description of the incident, including its location and date and, to the extent possible, the identity of the person or persons the victim believes to be responsible for the harm as described in rule 85;
(e) Any relevant supporting documentation, including names and addresses of witnesses;
(f) Information as to why the personal interests of the victim are affected;
(g) Information on the stage of the proceedings in which the victim wishes to participate, and, if applicable, on the relief sought;
(h) Information on the extent of legal representation, if any, which is envisaged by the victim, including the names and addresses of potential legal representatives, and information on the victim’s or victims’ financial means to pay for a legal representative.
3. Victims applying for participation in the trial and/or appeal proceedings shall, to the extent possible, make their application to the Registrar before the start of the stage of the proceedings in which they want to participate.
4. The Registrar may request further information from victims or those presenting an application in accordance with rule 89, sub-rule 3, in order to ensure that such application contains, to the extent possible, the information referred to in sub-regulation 2, before transmission to a Chamber. The Registrar may also seek additional information from States, the Prosecutor and intergovernmental or non-governmental organizations.
5. The Registrar shall present all applications described in this regulation to the Chamber together with a report thereon. The Registrar shall endeavour to present one report for a group of victims, taking into consideration the distinct interests of the victims.[80]
6. Subject to any order of the Chamber, the Registrar may also submit one report on a number of applications received in accordance with sub-regulation 1 to the Chamber seized of the case or situation in order to assist that Chamber in issuing only one decision on a number of applications in accordance with rule 89, sub-rule 4. Reports covering all applications received in a certain time period may be presented on a periodic basis.
7. Before deciding on an application, the Chamber may request, if necessary with the assistance of the Registrar, additional information from, inter alia, States, the Prosecutor, the victims or those acting on their behalf or with their consent. If information is received from States or the Prosecutor, the Chamber shall provide the relevant victim or victims with an opportunity to respond.
8. A decision taken by a Chamber under rule 89 shall apply throughout the proceedings in the same case, subject to the powers of the relevant Chamber in accordance with rule 91, sub-rule 1.
9. There shall be a specialised unit dealing with victims’ participation and reparations under the authority of the Registrar. This unit shall be responsible for assisting victims and groups of victims.
Article 68 Protection of the victims and witnesses and their participation in the proceedings
Regulation 87 Information to victims
1. The Prosecutor shall notify the Pre-Trial Chamber as to information
provided pursuant to rule 50, sub-rule 1, including the date the information was
provided.
2. The Prosecutor shall inform the Registry of his or her decision not to
initiate an investigation or not to prosecute pursuant to article 53, paragraphs 1
and 2, respectively, and shall provide all relevant information for notification by
the Registry to victims in accordance with rule 92, sub-rule 2.
Regulation 88 Requests for reparations in accordance with rule 94
1. For the application of rule 94, the Registrar shall develop a standard form
for victims to present their requests for reparations and shall make it available to
victims, groups of victims, or intergovernmental and non-governmental
organizations which may assist in its dissemination, as widely as possible. This
standard form shall be approved in accordance with regulation 23, subregulation
2, and shall, to the extent possible, be used by victims.
2. The Registrar shall seek all necessary additional information from a victim
in order to complete his or her request in accordance with rule 94, sub-rule 1, and
shall assist victims in completing such a request. The request shall then be
registered and stored electronically in order to be notified by the unit described
in regulation 86, sub-regulation 9, in accordance with rule 94, sub-rule 2.
Article 75 Reparations to victims
Chapter 6 Detention matters
Section 1 General provisions
Regulation 89 Scope of this chapter
The detention of persons detained by the Court under the Statute shall be
governed by the provisions of this chapter.
Regulation 90 Management of the detention centre
1. Subject to the Statute, Rules and these Regulations, the Registrar shall
have overall responsibility for all aspects of management of the detention centre,
including security and order, and shall make all decisions relating thereto.
2. The day-to-day fulfilment of the functions described in sub-regulation 1
shall be delegated to the Chief Custody Officer. The Chief Custody Officer may,
as appropriate, delegate specific functions to other persons.
Regulation 91 Treatment of detained persons
1. All detained persons shall be treated with humanity and with respect for
the inherent dignity of the human person.
2. There shall be no discrimination of detained persons on grounds of
gender, age, race, colour, language, religion or belief, political or other opinion,
national, ethnic or social origin, wealth, birth or other status. Measures applied
under these Regulations and the Regulations of the Registry to protect the rights
and special status of particular categories of detained persons shall not be
deemed to be discriminatory.
Regulation 92 Confidentiality of the detention record
1. The detention record of each detained person shall be confidential.
2. The detention record shall be made accessible to the detained person, his
or her counsel and persons authorised by the Registrar, save as regards such
information as the Chief Custody Officer, in consultation with the Registrar,
determines should be withheld in the interests of the proper management of the
detention centre.
3. A Chamber may, proprio motu or at the request of any interested person,
order that the detention record or part thereof be withheld or disclosed.
4. The detained person shall be informed of any request for access to his or
her detention record and shall be given the opportunity to be heard or to submit
his or her views. In exceptional circumstances such as in an emergency, an order
may be made prior to the detained person being informed of the request. In such
a case, the detained person shall, as soon as practicable, be informed and shall be
given the opportunity to be heard or to submit his or her views.
Regulation 93 Information on arrival at the detention centre
1. When a detained person arrives at the detention centre, he or she shall be
provided with a copy of these Regulations and the Regulations of the Registry
relevant to detention matters in a language which he or she fully understands
and speaks.
2. To the extent that relevant written material as described in sub-regulation
1 is not immediately available, and pending the provision of a translation of
those documents which shall be provided in a language that the detained person
fully understands and speaks, the detained person shall have the assistance of an
interpreter.
Regulation 94 Inspections of the detention centre
1. The Presidency may, at any time, appoint a judge of the Court to inspect
the detention centre and to report on the conditions of detention and the
administration of the detention centre.
2. There shall be regular and unannounced inspections by an independent
inspecting authority appointed by the Presidency. This authority shall be
responsible for examining the manner in which detained persons are being held
and treated.
3. Following an inspection carried out in accordance with sub-regulation 2,
the inspecting authority shall provide a confidential report to the Presidency and
the Registrar setting out its findings and any recommendations.
4. Upon receipt of the report referred to in sub-regulation 3, the Registrar
shall take such action as he or she considers appropriate in consultation, where
necessary, with the relevant authorities which have made the detention centre
available to the Court. If the Registrar does not agree with the recommendations
made by the inspecting authority, he or she shall submit a report to the
Presidency setting out his or her reasons.
5. The Presidency may make any direction, decision or order that it
considers appropriate.
Regulation 95 Discipline
1. Discipline and order shall be maintained by the Chief Custody Officer in
the interests of safe custody and good administration of the detention centre.
2. Details of the disciplinary procedure for detained persons shall be set out
in the Regulations of the Registry. This procedure shall provide a detained
person with the right to be heard on the subject of any offence alleged to have
been committed, and shall include a right for the detained person to address the
Presidency.
Regulation 96 Suspension of regulations on detention
1. In the event of a serious disturbance or other emergency occurring within
the detention centre, the Chief Custody Officer may take such action as is
immediately necessary to ensure the safety of detained persons and staff of the
detention centre, or the security of the detention centre.
2. Any action taken by the Chief Custody Officer under sub-regulation 1
shall be reported immediately to the Registrar, who may, with the approval of
the Presidency, temporarily suspend the operation of all or part of these
Regulations or the Regulations of the Registry relevant to detention matters to
the extent necessary to restore the security and good order of the detention
centre.
Section 2 Rights of a detained person and conditions of detention
Regulation 97 Communication with defence counsel
1. A detained person shall be informed of his or her right to communicate
fully, where necessary with the assistance of an interpreter, with his or her
defence counsel or assistants to his or her defence counsel as referred to in
2. All communication between a detained person and his or her defence
counsel or assistants to his or her defence counsel as referred to in regulation 68
and interpreters shall be conducted within the sight but not the hearing, either
direct or indirect, of the staff of the detention centre.
Article 67 Rights of the accused, paragraph 1 (d, f)
Regulation 98 Diplomatic and consular assistance
1. A detained person shall be informed of his or her right to communicate
with and to receive visits from:
(a) A diplomatic and/or consular representative from the State of
which the person is a national accredited to the State in which the detention
centre is situated or the authority which has made the detention centre
available to the Court; or
(b) Where the State of which the person is a national has no diplomatic
or consular representation in the State in which the detention centre is situated,
a diplomatic and/or consular representative of the State which takes charge of
the interests of the State of which the person is a national; or
(c) In case of refugees or stateless persons, a representative of a
national or international authority whose task it is to represent the interests of
such persons.
2. All communication between a detained person and the persons described
in sub-regulation 1 (a), (b) or (c), and interpreters shall be conducted within the
sight but not the hearing, either direct or indirect, of the staff of the detention
centre.
Article 67 Rights of the accused, paragraph 1 (b)
Regulation 99 General entitlements of detained persons
1. Every detained person shall be entitled, inter alia, to the following:
(a) To participate in a work programme;
(b) To keep in his or her possession authorised clothing and personal
items for his or her use;
(c) To procure reading and writing materials and other items for the
purposes of recreation and education;
(d) To keep himself or herself regularly informed of the news by way
of newspapers, periodicals and other publications, radio and television
broadcasts;
(e) To the use of a common space equipped with reading and writing
materials, a television, radio and computer, which shall be provided for the
general use of all detained persons;
(f) To a period of exercise in the open air of at least one hour per day;
(g) To engage in sporting activities;
(h) To receive correspondence, mail and packages;
(i) To communicate by letter or telephone with his or her family and
other persons.
2. The relevant details for the application of sub-regulation 1 shall be set out
in the Regulations of the Registry, including any restrictions necessary in the
interests of the administration of justice or for the maintenance of the security
and good order of the detention centre.
Regulation 100 Visits
1. A detained person shall be entitled to receive visits.
2. A detained person must be informed of the identity of each visitor and
may refuse to see any visitor.
3. The relevant conditions for visits as well as restrictions and supervision
that may be necessary in the interests of the administration of justice or for the
maintenance of the security and good order of the detention centre shall be set
out in the Regulations of the Registry.
Regulation 101 Restrictions to access to news and contact
1. A Chamber seized of the case may, at the request of the Prosecutor, order that access to the news be restricted, if it is considered necessary in the interests of the administration of justice, in particular, if unrestricted access could prejudice the outcome of the proceedings against that detained person or the outcome of any other investigation.
2. The Prosecutor may request the Chamber seized of the case to prohibit, regulate or set conditions for contact between a detained person and any other person, with the exception of counsel, if the Prosecutor has reasonable grounds to believe that such contact:[100]
(a) Is for the purposes of attempting to arrange the escape of a detained person from the detention centre;
(b) Could prejudice or otherwise affect the outcome of the proceedings against a detained person, or any other investigation;
(c) Could be harmful to a detained person or any other person;
(d) Could be used by a detained person to breach an order for nondisclosure made by a judge;
(e) Is against the interests of public safety; or
(f) Is a threat to the protection of the rights and freedom of any person.
3. The detained person shall be informed of the Prosecutor’s request and shall be given the opportunity to be heard or to submit his or her views. In exceptional circumstances such as in an emergency, an order may be made prior to the detained person being informed of the request. In such a case, the detained person shall, as soon as practicable, be informed and shall be given the opportunity to be heard or to submit his or her views.
Regulation 102 Spiritual welfare
1. A detained person shall be entitled to practise his or her religion or belief.
2. A detained person shall, on arrival at the detention centre or at any time
thereafter, be entitled, in accordance with the Regulations of the Registry, to
establish contact with a minister or spiritual adviser available in the State in
which the detention centre is situated.
Regulation 103 Health and safety of detained persons
1. Arrangements shall be made by the Registrar to protect the health and the
safety of detained persons.
2. Arrangements shall be made by the Registrar in order to meet the needs of
detained persons with disabilities.
3. Medical services, including dental care, shall be made available for
detained persons.
4. A qualified medical officer with experience in psychiatry shall be available
to attend the detention centre. A nurse shall be present at the detention centre at
all times. A detained person may be visited by and consult with a doctor of his or
her own choice, subject to the relevant details and restrictions set out in the
Regulations of the Registry.
5. A detained person who requires specialist treatment shall, as far as
possible, be treated within the detention centre. Should hospitalization be
necessary, the detained person shall be transferred to a hospital without delay.
The Registrar shall ensure the continuous detention of the person both at the
place of treatment and when in transit.
6. Arrangements shall be made by the Registrar for the detention of mentally
ill persons and for those who suffer from serious psychiatric conditions. By order
of the Chamber, a detained person who is determined to be mentally ill or who
suffers from a serious psychiatric condition may be transferred to a specialised
institution for appropriate treatment.
7. In the event of death or serious illness or injury of a detained person, the
Presidency may order an inquiry into the circumstances.
Regulation 104 Arrangements for the care of infants
1. Arrangements shall be made by the Registrar for a detained person to give
birth in a hospital outside the detention centre. Special accommodation shall be
provided for all necessary pre-natal and post-natal care and treatment.
2. Where the Registrar, following consultation with the Chief Custody
Officer, authorises an infant to remain or to stay within the detention centre,
arrangements shall be made for a nursery staffed with qualified personnel for the
care of such an infant.
Regulation 105 Accommodation
1. Men and women shall be detained in separate areas within the detention
centre.
2. Persons convicted and in respect of whom final sentence has been passed
shall, whenever possible, be accommodated separately from detained persons
awaiting trial or appeal.
3. A detained person shall occupy a cell unit by himself or herself except in
exceptional circumstances or in cases where the Chief Custody Officer, with the
approval of the Registrar, considers that it is necessary to share accommodation.
Regulation 106 Complaints
1. A detained person shall have the right to file a complaint against any
administrative decision or order or with regard to any other matter concerning
his or her detention.
2. The complaints procedure shall be set out in the Regulations of the
Registry and shall include a right for the detained person to address the
Presidency.
Chapter 7 Cooperation and enforcement
Section 1 Cooperation
Regulation 107 Arrangements and agreements on cooperation
1. All agreements with any State not party to the Statute or any intergovernmental
organization, setting out a general framework for cooperation on matters within the
competency of more than one organ of the Court, shall be negotiated under the
authority of the President who may seek recommendations from the Advisory
Committee on Legal Texts. Such agreements shall be concluded by the President on
behalf of the Court. The existence of an agreement concluded in accordance with this
sub-regulation does not preclude the Prosecutor from entering into those agreements
referred to in article 54, paragraph 3 (d).
2. Each organ of the Court shall inform the Presidency of any arrangement or
agreement on cooperation, not being one setting out a general framework for
cooperation as referred to in sub-regulation 1, that the organ intends to negotiate, unless
such information is inappropriate for reasons of confidentiality. Subject to article 54,
paragraph 3 (d), and to reasons of confidentiality, such arrangements and agreements
shall be concluded by the President or by delegation by the relevant organ under whose
authority the arrangement or agreement has been negotiated.Amended 14 November 2007, entered into 18 December 2007 (sub-regulation 1)
Regulation 108 Ruling regarding the legality of a request for cooperation
1. In case of a dispute regarding the legality of a request for cooperation under article 93, a requested State may apply for a ruling from the competent Chamber.
2. A ruling under sub-regulation 1 may be sought only after a declaration has been made by the requesting body that consultations have been exhausted and within 15 days following such declaration. In case of requests under article 99, paragraph 4, and should no further consultations be possible, the requested State may seek a ruling within 15 days from the day on which the requested State is informed of or became aware of the direct execution.
3. An application under sub-regulation 1 shall not of itself have suspensive effect, unless the Chamber so orders.
4. The Chamber may hear from participants to the proceedings on the matter.
5. If the Chamber rejects the application referred to in sub-regulation 1, the Chamber may grant the requested State additional time within which it shall execute the request or the Chamber shall lift any suspension of direct execution.
Regulation 109 Failure to comply with a request for cooperation
1. An application for a finding under article 87, paragraph 7, may be made to
the competent Chamber by the requesting body either where no application has
been made under regulation 108, following the lapse of the time limit referred to
in sub-regulation 2 of that provision, or where an application has been made,
following a ruling by the Chamber under sub-regulation 5 of that provision and,
if applicable, following the lapse of the time limit referred to therein.
2. When a Chamber has made a request for cooperation, proceedings under
article 87, paragraph 7, may be initiated by that Chamber. Sub-regulation 1 shall
apply mutatis mutandis.
3. Before making a finding in accordance with article 87, paragraph 7, the
Chamber shall hear from the requested State.
4. Where a finding under article 87, paragraph 7, has been made, the
President shall refer the matter to the Assembly or the Security Council in
accordance with that provision and, as regards the Security Council, in
accordance with the agreement to be concluded under article 2.
Regulation 110 Cooperation for the purposes of notification by way of personal service
For the purposes of notification by way of personal service as described in regulation 31, sub-regulation 4, the requesting body shall, where necessary, make a request for cooperation to the relevant State under articles 93, paragraph 1 (d), and 99, paragraph 1.
Regulation 111 Information about admissibility ruling
When transmitting a request for the arrest and surrender of a person in accordance with article 89, paragraph 1, the Registrar shall enclose a copy of any relevant admissibility ruling of the Court.
Regulation 112 Views of the surrendering State in or after admissibility proceedings
At any time before making a decision on a challenge to admissibility based on the grounds set out in article 17, paragraph 1 (a), the Chamber shall hear from the State which originally surrendered the person as to whether that State objects to the transfer of the person to the State which brought the challenge to admissibility.
Section 2 Enforcement
Regulation 113 Enforcement unit within the Presidency
1. The Presidency shall establish an enforcement unit within the Presidency to assist it in the exercise of its functions under Part 10 of the Statute, in particular:
(a) The supervision of enforcement of sentences and conditions of imprisonment; and
(b) The enforcement of fines, forfeiture orders and reparation orders.
2. The record for each sentenced person shall be maintained by the Registrar in accordance with rule 15.
Article 106 Supervision of enforcement of sentences and conditions of imprisonment, paragraph 6
Regulation 114 Bilateral arrangements under rule 200, sub-rule 5
Bilateral arrangements as described in rule 200, sub-rule 5, shall be negotiated under the authority of the Presidency and thereafter concluded with the relevant State by the President.
Article 103 Role of States in enforcement of sentences of imprisonment
Regulation 115 Exercise of functions under rule 214, sub-rule 4
In the exercise of its functions under rule 214, sub-rule 4, the Presidency shall have due regard to the principles of international law on re-extradition.
Article 108 Limitation on the prosecution or punishment of other offences
Regulation 116 Enforcement of fines, forfeiture orders and reparation orders
1. For the purposes of enforcement of fines, forfeiture orders and reparation orders, the Presidency, with the assistance of the Registry as appropriate, shall make the arrangements necessary in order to, inter alia:
(a) Receive payment of fines as described in article 77, paragraph 2 (a);
(b) Receive, as described in article 109, paragraph 3, property or the proceeds of the sale of real property or, where appropriate, the sale of other property;
(c) Account for interest gained on money received under (a) and (b) above;
(d) Ensure the transfer of money to the Trust Fund or to victims, as appropriate.
2. Following the transfer to or deposit in the Trust Fund of property or assets realized through enforcement of an order of the Court, the Presidency shall, subject to article 75, paragraph 2, and rule 98, decide on their disposition or allocation in accordance with rule 221.
Article 79 Trust Fund, paragraph 2
Regulation 117 Ongoing monitoring of financial situation of the sentenced person
The Presidency shall, if necessary, and with the assistance of the Registrar
as appropriate, monitor the financial situation of the sentenced person on an
ongoing basis, even following completion of a sentence of imprisonment, in
order to enforce fines, forfeiture orders or reparation orders, and may, inter alia:
(a) Request relevant information, expert opinions or reports, where
necessary by way of a request for cooperation, and, if appropriate, on a
periodic basis;
(b) Contact, where appropriate in the manner described in rule 211,
paragraph 1 (c), the sentenced person and his or her counsel in order to inquire
into the financial situation of the sentenced person;
(c) Ask for observations from the Prosecutor, victims and legal
representatives of victims.
Article 109 Enforcement of fines and forfeiture measures
Regulation 118 Procedure under rule 146, sub-rule 5
1. In making its decision on the extension of the term of imprisonment in
accordance with rule 146, sub-rules 5 and 6, the Presidency may ask for
observations from States in which attempts to enforce fines did not succeed and
shall ask for observations from the State in which the sentence of imprisonment
is being served.
2. Where the term of imprisonment has been extended under rule 146, subrule
5, and the sentenced person subsequently pays the fine or a portion thereof,
the Presidency shall revoke or in case of partial payment reduce the extension
previously ordered.
Article 77 Applicable penalties
Chapter 8 Removal from office and disciplinary measures
Regulation 119 Receipt and administration of complaints
1. All complaints against a judge, the Prosecutor, a Deputy Prosecutor, the
Registrar or the Deputy Registrar concerning conduct defined under rules 24 and
25 shall be submitted directly to the Presidency, which shall notify the person
against whom the complaint has been directed of that complaint.
2. The Presidency shall make all necessary arrangements for administrative
assistance when dealing with a complaint.
Article 46 Removal from office
Regulation 120 Procedure under rule 26, sub-rule 2
1. The Presidency shall be assisted by three judges, appointed on the basis of
automatic rotation following the English alphabet of the surnames of all judges
not comprising the Presidency or the judge being complained against, in order to
determine whether a complaint is anonymous or manifestly unfounded.
2. The judges appointed in accordance with sub-regulation 1 shall, where
necessary, seek additional comments from either the person being complained
against or the complainant and shall make a recommendation to the Presidency
on whether such complaint is admissible or should be set aside in accordance
with rule 26, sub-rule 2. The appointed judges shall also make a recommendation
as to whether the complaint against a judge, the Registrar or Deputy Registrar
relates to conduct which falls manifestly outside the scope of rule 24.
3. The Presidency shall decide whether to accept any recommendation
described in sub-regulation 2.
4. If a complaint relates to a member of the Presidency, he or she shall not
carry out any function as a member of the Presidency with regard to the
complaint and his or her functions in that respect shall be exercised by the next
available judge having precedence in accordance with regulation 10.
Article 46 Removal from office
Regulation 121 Decision under rule 26, sub-rule 2, and transmission of complaint to the competent organ
1. In case the Presidency decides that a complaint against a judge, the
Registrar or Deputy Registrar is not anonymous or manifestly unfounded, it shall
transmit the complaint to a plenary session, unless the Presidency determines
that the conduct complained of falls manifestly outside the scope of rule 24, in
which case the matter shall be considered by the Presidency in accordance with
article 47, rule 30, sub-rule 1 and regulation 122.
2. In case the Presidency decides that a complaint against the Prosecutor or a
Deputy Prosecutor is not anonymous or manifestly unfounded, it shall:
(a) With regard to the Prosecutor, transmit the complaint to the Bureau
of the Assembly;
(b) With regard to the Deputy Prosecutor, transmit the complaint to
the Prosecutor.
Article 46 Removal from office
Regulation 122 Procedure before the Presidency on disciplinary measures for a judge, the Registrar or the Deputy Registrar
1. When it is determined in accordance with regulation 121, sub-regulation
1, that a complaint should be considered by the Presidency, that complaint shall
be dealt with in accordance with rule 27.
2. If the Presidency decides to impose disciplinary measures, the judge,
Registrar or Deputy Registrar concerned may file an appeal against that decision
to a plenary session within 30 days of notification of the decision.
Article 46 Removal from office
Regulation 123 Procedure for removal from office of a judge, the Registrar or the Deputy Registrar
1. The judges appointed under regulation 120, sub-regulation 1, shall
conduct the proceedings under article 46, paragraph 4, and rule 27 and shall
report thereon to a plenary session.
2. The procedure to be followed prior to the adoption of any
recommendation concerning a judge under article 46, paragraph 2, and rule 29,
sub-rule 1, is without prejudice to any additional procedure to be followed by the
Assembly under article 46, paragraph 4, and rule 27.
Regulation 124 Suspension from duty
1. For the purposes of rule 28, a judge, the Prosecutor, a Deputy Prosecutor,
the Registrar or the Deputy Registrar may be suspended from duty following the
decision of the Presidency under rule 26, sub-rule 2, by the organ competent to
make a decision under article 46, paragraphs 2 and 3.
2. Suspension from duty shall not affect salary and allowances.
Regulation 125 Initiation of proceedings by the Presidency
In cases where the Presidency initiates proceedings on its own motion, the
preliminary assessment of whether complaints are anonymous or manifestly
unfounded under rule 26, sub-rule 2, shall not be required and regulations 121 to
124 shall apply mutatis mutandis.
Article 46 Removal from office
Chapter 9 Adoption of the Code of Judicial Ethics
Regulation 126 Adoption of the Code of Judicial Ethics
1. The Presidency shall draw up a Code of Judicial Ethics, after having
consulted the judges.
2. The draft Code shall then be transmitted to the judges meeting in plenary
session for the purpose of adoption by the majority of the judges.
[1] In Lubanga, Decision replacing a judge in the Appeals Chamber, 23 September 2009, the Presidency attached to the Appeals Chamber on a temporary basis a judge from the Trial Division.
[10] Election of the Presiding Judge of the Pre-trial Chamber I, 16 September 2004
[11] According to Regulation 15 the Presidency shall be responsible for the replacement of a judge, see for example situation in Democratic Republic of the Congo, Decision replacing a judge in Pre-Trial Chamber I, 22 June 2007.
Crossreference:
Article 39(1)Author: Mark Klamberg
[12] On or more judges may remain as an alternate, see Articles 39(4), 74(1), Rule 39 and Regulation 16 on alternate judges.
Crossreference:
Articles 39(4) and 74(1), and Rule 39
Doctrine:
Jules Deschênes at pp. 615-616, paras. 1-2 in Triffterer.
John R.W.D. Jones at pp. 2632-64 in Antonio Cassese/Paola Gaeta/John R.W.D. Jones.
Author: Mark Klamberg[13] In Decision on "Prosecutor's Application to attend 12 February hearing", 9 February 2007, PTC II rejected the Prosecutor's request to attend a hearing to be attended by the OPCV and the Victims' Participation and Reparations Section only.
[14] In Decision on the "Prosecution's Request for Leave to Appeal the Decision Denying the 'Application to Lift Redactions From Applications for Victims' Participation to be Provided to the OTP' ", 9 March 2007, PTC II noted that the Prosecutor neither in his application nor in his further submissions had argued that was bringing a motion under the regulation in question and rejected the request for leave to appeal.
[20] In Katanga, Decision on the Prosecution's Request for Leave to Reply, 18 January 2008, the Appeals Chamber denied the Prosecution's request for leave to reply to defence desponse to the prosecution's document in support of an appeal
[21] In Decision on the new version of the draft protocol on the presentation of evidence prepared jointly by the Office of the Prosecutor, the Defence and the Registry, 27 July 2006, PTC I decided that the parties shall file the originals and an electronic copy of the evidence on which they intend to rely at confirmation hearing contain the particulars required by the Draft Protocol.
In Prosecutor v. Lubanga, Final Decision on the E-Court Protocol for the Provision of Evidence,
Material and Witness Information on Electronic Version for their Presentation During the Confirmation Hearing, 28 August 2006, pages 5-6, PTC I decided what content the E-Court Protocol for presentation of evidence, material and witness information should contain for the purpose of the confirmation hearing.In Prosecutor v. Lubanga, TC I appointed an expert witness on e-court and instructed the expert "not to limit her consideration to the context of Regulation of the Court 26, as some aspects of the e-court protocol which may be of assistance to the work of the parties may fall outside the scope of that regulation." Instructions to the expert on e-court, 1 November 2007, para. 15.
In Prosecutor v. Thomas Lubanga Dyilo, Decision on the E-Court Protocol, 23 January 2008, paras. 21 and 30, TC I decided that the metadata fields should not extend beyond those identified as "objective".
[22] In Decision on "Prosecutor's Application to attend 12 February hearing", 9 February 2007, PTC II rejected the Prosecutor's request to attend a hearing to be attended by the OPCV and the Victims' Participation and Reparations Section only.
[23] In Decision to convene a status conference on matters related to safety and security in Uganda, 25 November 2005, PTC II decied to to hold a status conference by way of a hearing in closed session.
[24] In Decision on "Requête de la Défense en extension de délai afin de répondre aux 'Observations de la Défense sur les demandes de participation à la procédure a/0010/06, a/0064/06 à a/0070/06, a/0070/06, a/0081/06 à a/0104/06 et a/0111/06 à a/0127/06", 23 February 2007, PTC II stated that ”pending the effective implementation of a secure electronic system for the transmission of documents, it should be considered that with respect to confidential documents, a participant is deemed notified of a confidential document, decision or order on the day it is effectively received by post by the said participant.”
[24bis] In Katanga and Chui, Decision on Prosecution requests ICC-01/04-01/07-1386 and ICC-01/04-01/07-1407 made pursuant to regulation 35 of the Regulations, 23 October 2009, para. 14, the Trial Chamber considered "whether there is a timely and sufficiently motivated application for extension of time limit in accordance with regulation 35(2) of the regulations. If this is the case, the Chamber will in principle allow the late submission, unless this would cause undue prejudice to the Defence. If this is not the case, the Chamber will in principle reject the late addition of new items of evidence, unless the new material must be disclosed to the Defence in accordance with article 67(2) of the Statute or falls under rule 11 of the Rules. If the new material is incriminating, the Chamber may still consider late addition, using its powers under article 64(6)(d) and 69(3) of the Statute, but only if it can be shown that (i) the new material is either significantly more compelling than other items of evidence already disclosed to the Defence, or brings to light a previously unknown fact which has a significant bearing upon the case, and (ii) the late addition will not cause undue prejudice to the Defence in relation to the latter's right to have adequate time and facilities to prepare in accordance with article 67(l)(b) of the Statute."
[25] In Dyilo, Decision on the re-filing of the document in support of the appeal, 22 July 2008, the Prosecutor used an average of 580 words per page (para. 6), the Appeals Chamber determined thatthe Prosecutor circumvented the page limit and ordered the Prosecutor to re-file the document in support of the appeal.
[26] In Decision on the "Prosecution's Request for Leave to Appeal the Decision Denying the 'Application to Lift Redactions From Applications for Victims' Participation to be Provided to the OTP' ", 9 March 2007, PTC II noted that the Prosecutor neither in his application nor in his further submissions had argued that was bringing a motion under the regulation in question and rejected the request for leave to appeal. In Decision on the Prosecutor 's Applications dated 22 March 2007 and on the OPCV's Requests dated 29 March 2007, 4 April 2007, PTC II considered that nowhere in the Prosecution's Applications did the Prosecutor provide evidence of any change in either the factual circumstances or the relevant level of risk and dismissed the Prosecution's Applications.
[27] In Prosecutor v. Dyilo, Decision on the procedures to be adopted for instructing expert witnesses, 10 December 2007, TC I issued the following order:
"i) in the first instance, the parties are to instruct a joint expert on any relevant issue, if possible;
ii) the joint expert should be jointly instructed;
iii) if the parties cannot agree joint instructions, the joint expert is to be given separate instructions, wholly or in part;
iv) the parties shall only instruct separate experts after that proposed course has been raised with the Chamber;
v) to the extent that victims are participating on an issue or as regards evidence which is to be the subject of expert evidence, they are to be given an opportunity to contribute to the expert's instructions (jointly with the parties or separately);
vi) whenever a party or a participant intends to instruct an expert, the name of the expert is to be included in a filing;
vii) whenever an expert is to be instructed jointly, the instructions to the expert should be filed with the Chamber at an early stage;
viii) if a participant wishes to instruct an expert he or she should request the leave of the Chamber;
ix) if an expert who is to be relied on is not on the list of experts, an application should be made forthwith to include his or her name on the list, and the Chamber should be notified by way of email to the Legal
Adviser to the Trial Division."
In Katanga and Chui, 07 October 2009 ICC-01/04-01/07-1515 - Decision on the disclosure of evidentiary material relating to the Prosecutor's site visit to Bogoro on 28,29 and 31 March 2009 (ICC-01/04-01/07-1305,1345,1360,1401,1412 and 1456) including Corrigenda, paras. 74-75 the Trial Chamber rejected the Prosectur's request for late submission of the four expert reports and related material as incriminating evidence because the Defence was not consulted about the selection of experts or the formulation of the questions that were asked from them.[50] In Decision assigning the Situation in the Democratic Republic of Congo to Pre-Trial Chamber I, 5 July 2004, the Precidency assigned the situation in the Democratic Republic of Congo to Pre-Trial Chamber I.
[51] The present regulation provides that the Pre- Trial Chamber may designate more than one single judge when the efficient management of the workload of the Chamber so requires, see for example Prosecutor v. Kony et. al., Decision designating a Single Judge on Victim's issues, 22 November 2006. According to article 57(2)(a).
Author: Mark Klamberg
[52] In Decision on the status before the Trial Chamber of the evidence heard by the Pre-Trial Chamber and the decisions of the Pre-Trial Chamber in trial proceedings, and the manner in which evidence
shall be submitted, 13 December 2007, the Defence submitted that "the provisions of Regulation 55 are contrary to the Statute and the Rules of Procedure and Evidence, and the Chamber is invited to declare the regulation unlawful." (para. 35) TC I considered that "the terms of Regulation 55 do not involve any conflict with the main relevant provision, Article 74(2), because they allow for a modification of the legal characterisation of the facts rather than an alteration or amendment to the facts and circumstances described in the charges." (para 47). Furthermore, the TC held the view that "[t]he scheme of Regulation 55 indicates that a decision to modify the legal characterisation of facts will only occur at a late rather than an early stage in the trial" (para 48).[53] In Lubanga, Judgment on the appeals of Mr Lubanga Dyilo and the Prosecutor against the Decision of Trial Chamber I of 14 July 2009 entitled "Decision giving notice to the parties and participants that the legal characterisation of the facts may be subject to change in accordance with Regulation 55(2) of the Regulations of the Court", 8 December 2009, paras. 66-88, the defence argued that regulation 55 is inherently incompatible with articles 52 and 61 (9) of the Statute, general principles of international law and with the rights of the accused. The Appeals Chamber "determined that Regulation 55 is not inherently incompatible with the aforementioned provisions of the Statute, but rather complements and completes them".
In Prosecutor v. Lubanga, Decision giving notice to the parties and participants that the legal characterisation of the facts may be subject to change in accordance with Regulation 55(2) of the Regulations of the Court, 14 July 2009, paras. 27, 31 and 33 the Majority of the Trial Chamber held that "In the view of the majority of the Trial Chamber, Regulation 55 sets out the powers of the Chamber in relation to two distinct stages.... Regulation 55(2), applicable at any stage during trial proceedings, contains no limitation to the "facts and circumstances described in the charges". Therefore, a right to examine again previous witnesses, to call new witnesses and to present new evidence is expressly provided for in order to allow the defence the opportunity to challenge whether the evidentiary threshold required by procedural law has been met, and accordingly, a new factual basis has been established. ... A condition for triggering the mechanism of Regulation 55(2) is the Chamber's finding that the legal characterisation of facts may be subject to change. The submissions of the legal representatives of the victims and the evidence heard so far during the course of the trial persuade the majority of the Chamber that such a possibility exists. Accordingly, the parties and participants have a right to receive early notice."
Judge Fulford dissented. In Minority opinion on the "Decision giving notice to the parties and participants that the legal characterisation of facts may be subject to change in accordance with Regulation 55(2) of the Regulations of the Court", 17 July 2009, paras. 13, 14, 28, 34 and 44, he held that: "the power to frame and alter the charges is exclusively a function of the Pre-Trial Chamber. ... Once the trial has commenced, the two limited powers given to the Trial Chamber under the Rome Statute framework in relation to the charges are, first, to grant or reject an application by the prosecution to withdraw the charges and, second, to modify the legal characterisation of the facts under Regulation 55.... Furthermore, in their Decision, the majority suggest that if Regulation 55(2) is treated as a separate provision, enabling the Chamber to change the characterisation of the facts at any time during the trial, it follows that the restriction in Regulation 55(1) -that the modification shall not exceed the facts and circumstances described in the charges and any amendments thereto -does not apply....In my view, the proposals advanced by the victims do not raise the possibility that the legal characterisation of the facts may change. Instead, the victims seek to add five additional charges. ... Each of the five proposals is founded on a new form of criminal responsibility. These proposals -if endorsed -would involve additional, and arguably more serious, offences being levied against the accused, in breach of Article 61(9)." Furthermore, in Judge Fulford's judgment ""i. Regulation 55, endowing the Chamber with authority "to modify the legal characterisation of facts" created an indivisible or singular process; ii. A modification to the legal characterisation of the facts under Regulation 55 must not constitute an amendment to the charges, an additional charge, a substitute charge or a withdrawal of a charge, because these are each governed by Article 61(9)" (para 53)
The Trial Chamber's decision was appealed. In Lubanga, Decision adjourning the evidence in the case and consideration of Regulation 55, 2 October 2009, paras. 21-22 the Trial Chamber was persuaded that a necessary precondition for the "effective preparation" of the accused's defence, at that stage in the trial, was that Mr Thomas Lubanga Dyilo should know whether or not the legal characterisation of the facts may be subject to change, so as to include the elements of sexual slavery, inhuman treatment and cruel treatment. Additionally, he was entitled to know whether or not any potential modification of the legal characterisation of the facts is to be limited by the facts and circumstances contained in the charges. Therefore, the accused was entitled to certainty as regards these issues. Therefore the Trial Chamber concluded that further evidence in the case, along with a more detailed consideration of Regulation 55, cannot occur until the Appeals Chamber had resolved the appeal.
The Appeals Chamber reversed the decision of Trial Chamber I with the key finding that "Regulation 55 (2) and (3) of the Regulations of the Court may not be used to exceed the facts and circumstances described in the charges or any amendment thereto", Judgment on the appeals of Mr Lubanga Dyilo and the Prosecutor against the Decision of Trial Chamber I of 14 July 2009 entitled "Decision giving notice to the parties and participants that the legal characterisation of the facts may be subject to change in accordance with Regulation 55(2) of the Regulations of the Court", 8 December 2009, para. 1. It held that "any interpretation of Regulation 55 that cannot be reconciled with article 74 (2) of the Statute must be rejected as incorrect." (para. 90). The Appeals Chamber was of the view "that the Trial Chamber erred in law when finding that Regulation 55 contained two separate procedures and that it was permissible under Regulation 55 (2) and (3) to include additional facts and circumstances that are not described in the charges." (para. 112).
In the view of the Appeals Chamber, "the term 'facts' refers to the factual allegations which support each of the legal elements of the crime charged. These factual allegations must be distinguished from the evidence put forward by the Prosecutor at the confirmation hearing to support a charge (article 61 (5) of the Statute), as well as from background or other information that, although contained in the document containing the charges or the confirmation decision, does not support the legal elements of the crime charged. The Appeals Chamber emphasises that in the confirmation process, the facts, as defined above, must be identified with sufficient clarity and detail, meeting the standard in article 67 (I) (a) of the Statute." (para. 90, footnote 163) In a later decision, the Trial Chamber stated that the "specific factual allegations are to be distinguished from the general evidence in the case", Decision on the Legal Representatives' Joint Submissions conceming the Appeals Chamber's Decision on 8 December 2009 on Regulation 55 of the Regulations of the Court, 08 January 2010. The Chamber also stated that "it is necessary to focus on the factual allegations in [the Decision on the Confirmation of Charges] and on whether the requested modification of the legal characterisation of facts arises (i) from factual allegations included in the Decision on the Confirmation of Charges, which (ii) support each of the legal elements of the crimes with which the accused is charged. (para. 30) The Chamber's conclusion was that "it does not appear to the Chamber that the legal characterisation of facts may be subject to the changes described by the legal representatives of victims" and the application for the implementation of the procedure under Regulation 55 was refused. (paras. 38 and 39)[54] In Prosecutor v. Thomas Lubanga Dyilo, Decision on victim's participation, 18 January 2008, paras. 110-112, TC I considered that "there will be some areas of evidence concerning reparations which it would be inappropriate, unfair or inefficient to consider as part of the trial process. ... The Trial Chamber may allow such evidence to be given during the trial if it is in the interests of individual witnesses or victims, or if it will assist with the efficient disposal of issues that may arise for determination."
[55] In Appointment of Duty Counsel, 19 April 2007, PTC I ordered the Registrar or his representatives to appoint a duty counsel for Thomas Lubanga Dyilo pursuant to regulation 73 (2) of the Regulations.
[56] Decision on legal representation, appointment of counsel for the defence, protective measures and time-limit for submission of observations on applications for participation a/0010/06, a/0064/06 to a/0070/06, a/0081/06 to a/0104/06 and a/0111/06 to a/0127/06, 1 February 2007, paragraph 15 In Decision Appointing Ad Hoc Counsel and Establishing a Deadline for the Prosecution and the Ad Hoc Counsel to Submit Observations on the Applications of Applicants a/0001/06 to a/0003/06, 18 May 2006, PTC I decided to appoint an ad hoc counsel to represent and protect the general interests of the Defence during the application process provided for in rule 89 of the Rules in relation to the Applications.
[57] Decision on legal representation, appointment of counsel for the defence, protective measures and time-limit for submission of observations on applications for participation a/0010/06, a/0064/06 to a/0070/06, a/0081/06 to a/0104/06 and a/0111/06 to a/0127/06, 1 February 2007, paragraph 13. In Decision on the OPCV's 'Request to access documents and material', 16 March 2007, PTC II rejected the OPCV's request to access documents or material included in the record either of the situation or of the case bearing upon issues of security and safety of victims and witnesses. In Decision on the OPCV's observations on victims' applications and on the Prosecution's objection thereto, 16 April 2007, PTC II considered that on the basis that the OPCV's spontaneous submission of legal observations as to the admissibility and the merits of the victims' applications to the Single Judge is deprived of legal basis and dismissed the OPCV's Observations as inadmissible.
[58] In Decision on the application for additional means under regulation 83(3) of the Regulations of the Court and on the applications to intervene as amici curiae under rule 103 of the Rules of Procedure and Evidence, 5 June 2007, PTC I considered that the chamber had committed the case to trial before a Trial Chamber on the charges as confirmed and transmitted the decision and the record of the proceedings in the instant case to the Presidency pursuant to rule 129 of the Rules. It considered therefore that the Chamber is no longer seized of any matter in the instant case, decided that the Chamber has no jurisdiction to rule on the present requests and that the Chamber is no longer seized of any matter in the case.
[59] In Situation in Darfur, Sudan, Decision on the Requests of the OPCD on the Production of Relevant
Supporting Documentation Pursuant to Regulation 86(2) (e) of the Regulations of the Court and on the Disclosure of Exculpatory Materials by the Prosecutor, 6 December 2007, the OPCD requested that the legal representative of the applicants for victim status should be ordered to provide information and documents showing that the applicants had exhausted all domestic remedies, beacuse otherwise the principle of complementarity would be frustrated (paras. 9 and 10). The Single Judge Kuenyehia considered that the object and purpose of the application process concerning the procedural status of victims in rule 89 and regulation 86 is "limited to the determination of whether such procedural status should be granted to applicants... The application is not related to questions pertaining to quilt or innocence of the suspect or the accused... Hence, it can be distinguished from criminal proceedings of the Court, which include the investigation of a situation, the initiation of a case and the pre-trial, trial and appeal stages of a case, which are goverend by specific articles, rules and regulations." (paras 5-6). As a result, the single judge came to the conclusion that the complementarity principle is inapplicable to the application process because the object and purpose of the application process is confined to the determination of whether the procedural status of victims can be granted to the applicants" in ongoing proceedings (para. 11). The OPCD also asked the Chamber to order the Prosecutor to search for and disclose exculpatory information. The Single Judge found that article 67(2) "is not applicable in the context of the application process" for victim status (paras 18-20). The Single Judge Steiner later recalled the decision from 6 December 2007 in Situation in the Democratic Republic of Congo Decision on the Requests of the OPCD on the Production of Relevant Supporting Documentation Pursuant to Regulation 86(2) (e) of the Regulations of the Court and on the Disclosure of Exculpatory Materials by the Prosecutor, paras. 4-5, 7 December 2007 and rejected the requests of the OPCD on the same grounds.
Single Judge Kuenyehia granted leave to appeal the decision from 6 December 2007 in relation to the issue whether "article 68(3) of the Statute can be interpreted as providing for a 'procedural status of victim' at the investigation stage of a situation and the pre-trial stage of a case" in situation in Darfur, Sudan, Decision on Request for leave to appeal the "Decision on the Requests of the OPCD on the Production of Relevant Supporting Documentation Pursuant to Regulation 86(2)(e) of the Regulations of the Court and on the Disclosure of Exculpatory Materials by the Prosecutor", 23 January 2008. See also Judge Steiner Situation in the Democratic Republic of Congo, Decision on Request for leave to appeal the "Decision on the Requests of the OPCD on the Production of Relevant Supporting Documentation Pursuant to Regulation 86(2)(e) of the Regulations of the Court and on the Disclosure of Exculpatory Materials by the ProsecutorAuthor: Mark Klamberg
[80] The Chamber is not required to transmit the report of the Registrar to the participants. See situation in Darfur, Sudan, Decision on the Requests of the OPCD and the Legal Representatives of the Applicants Regarding the Transmission of the Report of the Registry under Rule 89 of the Rules of Evidence and Procedure, 21 August 2007. TC I
