[as corrected by the procés-verbaux of 10 November 1998 and 12 July 1999]
 
 
PART 3. GENERAL PRINCIPLES OF CRIMINAL LAW
 
Article 22
Nullum crimen sine lege

1.         A person shall not be criminally responsible under this Statute unless the conduct in question constitutes, at the time it takes place, a crime within the jurisdiction of the Court.
 
2.         The definition of a crime shall be strictly construed and shall not be extended by analogy. In case of ambiguity, the definition shall be interpreted in favour of the person being investigated, prosecuted or convicted.

3.         This article shall not affect the characterization of any conduct as criminal under international law independently of this Statute.

 
Article 23
Nulla poena sine lege

            A person convicted by the Court may be punished only in accordance with this Statute.
 

 Article 24
Non-retroactivity ratione personae

1.         No person shall be criminally responsible under this Statute for conduct prior to the entry into force of the Statute.
 
2.         In the event of a change in the law applicable to a given case prior to a final judgement, the law more favourable to the person being investigated, prosecuted or convicted shall apply.
 

Article 25
Individual criminal responsibility

1.         The Court shall have jurisdiction over natural persons pursuant to this Statute.
 
2.         A person who commits a crime within the jurisdiction of the Court shall be individually responsible and liable for punishment in accordance with this Statute.
 
3.         In accordance with this Statute, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court if that person:

4.         No provision in this Statute relating to individual criminal responsibility shall affect the responsibility of States under international law.
 
Article 26
Exclusion of jurisdiction over persons under eighteen

            The Court shall have no jurisdiction over any person who was under the age of 18 at the time of the alleged commission of a crime.
 
 

Article 27
Irrelevance of official capacity

1.         This Statute shall apply equally to all persons without any distinction based on official capacity. In particular, official capacity as a Head of State or Government, a member of a Government or parliament, an elected representative or a government official shall in no case exempt a person from criminal responsibility under this Statute, nor shall it, in and of itself, constitute a ground for reduction of sentence.
 
2.         Immunities or special procedural rules which may attach to the official capacity of a person, whether under national or international law, shall not bar the Court from exercising its jurisdiction over such a person.
 

Article 28
Responsibility of commanders and other superiors

            In addition to other grounds of criminal responsibility under this Statute for crimes within the jurisdiction of the Court:

 
Article 29
Non-applicability of statute of limitations

            The crimes within the jurisdiction of the Court shall not be subject to any statute of limitations.
 
 

Article 30
Mental element

1.         Unless otherwise provided, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court only if the material elements are committed with intent and knowledge.
 
2.         For the purposes of this article, a person has intent where:

3.         For the purposes of this article, "knowledge" means awareness that a circumstance exists or a consequence will occur in the ordinary course of events. "Know" and "knowingly" shall be construed accordingly.
 
Article 31
Grounds for excluding criminal responsibility

1.         In addition to other grounds for excluding criminal responsibility provided for in this Statute, a person shall not be criminally responsible if, at the time of that person's conduct:

2.         The Court shall determine the applicability of the grounds for excluding criminal responsibility provided for in this Statute to the case before it.
 
3.         At trial, the Court may consider a ground for excluding criminal responsibility other than those referred to in paragraph 1 where such a ground is derived from applicable law as set forth in article 21. The procedures relating to the consideration of such a ground shall be provided for in the Rules of Procedure and Evidence.
 
 
Article 32
Mistake of fact or mistake of law

1.         A mistake of fact shall be a ground for excluding criminal responsibility only if it negates the mental element required by the crime.
 
2.         A mistake of law as to whether a particular type of conduct is a crime within the jurisdiction of the Court shall not be a ground for excluding criminal responsibility. A mistake of law may, however, be a ground for excluding criminal responsibility if it negates the mental element required by such a crime, or as provided for in article 33.
 

Article 33
Superior orders and prescription of law

1.         The fact that a crime within the jurisdiction of the Court has been committed by a person pursuant to an order of a Government or of a superior, whether military or civilian, shall not relieve that person of criminal responsibility unless:

2.         For the purposes of this article, orders to commit genocide or crimes against humanity are manifestly unlawful.
 
________
 
Part 2 / Part 4
 
 
(entire Statute (261K))