World Legislative Act Number 20
World Bench for Criminal Cases
(In provisions where codification varies from the Assembly of States Parties' version, the corresponding codification for respective provisions of Assembly of States Parties' version follows in green.)
PART 2. JURISDICTION, ADMISSIBILITY AND APPLICABLE LAW
Article 5
Crimes within the jurisdiction of the Court
5.1. The jurisdiction of the Court limits to the most serious crimes of concern to the world community as a whole. The Court has jurisdiction in accordance with this Statute with respect to the following crimes:
5.1.1. The crime of genocide (ASP-5.1.a.);
5.1.2. Crimes against humanity (ASP-5.1.b.);
5.1.3. War crimes (ASP-5.1.c.);
5.1.4. The crime of aggression (ASP-5.1.d.);
5.1.5. Environmental crimes;
5.1.6. World federal corruption;
5.1.7. Interference in world government.
5.2. The Court shall exercise jurisdiction over the crime of aggression once a provision is adopted in accordance with articles (121) and (123) defining the crime and setting out the conditions under which the Court shall exercise jurisdiction with respect to this crime. Such a provision shall be consistent with the relevant provisions of the Earth Constitution.
Article 6
Genocide
For the purpose of this Statute, "genocide" means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
6.1. Killing members of the group (ASP-6.a.);
6.2. Causing serious bodily or mental harm to members of the group (ASP-6.b.);
6.3. Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part (ASP-6.c.);
6.4. Imposing measures intended to prevent births within the group (ASP-6.d.);
6.5. Forcibly transferring children of the group to another group (ASP-6.e.).
Article 7
Crimes against humanity
7.1. For the purpose of this Statute, "crime against humanity" means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:
7.1.01. Murder (ASP-7.1.a.);
7.1.02. Extermination (ASP-7.1.b.);
7.1.03. Enslavement (ASP-7.1.c.);
7.1.04. Deportation or forcible transfer of population (ASP-7.1.d.);
7.1.05. Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of world law (ASP-7.1.e.);
7.1.06. Torture (ASP-7.1.f.);
7.1.07. Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity (ASP-7.1.g.);
7.1.08. Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender as defined in paragraph 3, or other grounds that are universally recognized as impermissible under world law, in connection with any act referred to in this paragraph or any crime within the jurisdiction of the Court (ASP-7.1.h.);
7.1.09. Enforced disappearance of persons (ASP-7.1.i.);
7.1.10. The crime of apartheid (ASP-7.1.j.);
7.1.11. Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health (ASP-7.1.k.).
7.2. For the purpose of paragraph 1:
7.2.1. "Attack directed against any civilian population" means a course of conduct involving the multiple commission of acts referred to in paragraph 1 against any civilian population, pursuant to or in furtherance of a State or organizational policy to commit such attack (ASP-7.2.a.);
7.2.2. "Extermination" includes the intentional infliction of conditions of life, inter alia, the deprivation of access to food and medicine, calculated to bring about the destruction of part of a population (ASP-7.2.b.);
7.2.3. "Enslavement" means the exercise of any or all of the powers attaching to the right of ownership over a person and includes the exercise of such power in the course of trafficking in persons, in particular women and children (ASP-7.2.c.);
7.2.4. "Deportation or forcible transfer of population" means forced displacement of the persons concerned by expulsion or other coercive acts from the area in which they are lawfully present, without grounds permitted under international law (ASP-7.2.d.);
7.2.5. "Torture" means the intentional infliction of severe pain or suffering, whether physical or mental, upon a person in the custody or under the control of the accused; except that torture shall not include pain or suffering arising only from, inherent in or incidental to, lawful sanctions (ASP-7.2.e.);
7.2.6. "Forced pregnancy" means the unlawful confinement of a woman forcibly made pregnant, with the intent of affecting the ethnic composition of any population or carrying out other grave violations of international law. The Court must not interpret this definition to affect national laws relating to pregnancy (ASP-7.2.f.);
7.2.7. "Persecution" means the intentional and severe deprivation of fundamental rights contrary to international law by reason of the identity of the group or collectivity (ASP-7.2.g.);
7.2.8. "The crime of apartheid" means inhumane acts of a character similar to those referred to in paragraph 1, committed in the context of an institutionalized regime of systematic oppression and domination by one racial group over any other racial group or groups and committed with the intention of maintaining that regime (ASP-7.2.h.);
7.2.9. "Enforced disappearance of persons" means the arrest, detention or abduction of persons by, or with the authorization, support or acquiescence of, a State or a political organization, followed by a refusal to acknowledge that deprivation of freedom or to give information on the fate or whereabouts of those persons, with the intention of removing them from the protection of the law for a prolonged period of time (ASP-7.2.i.).
7.3. For this Statute, the term "gender" refers to the sexes, male and female, within the context of society, to also include with protection sexes that do not clearly fit solely one of these categories. The term "gender" does not indicate any meaning different from the above.
Article 8
War crimes
8.1. The Court has jurisdiction in respect of war crimes in particular when committed as part of a plan or policy or as part of a large-scale commission of war crimes.
8.2. For the purpose of this Statute, "war crimes" means:
8.2.1. Grave breaches of the Geneva Conventions of 12 August 1949, namely, any of the following acts against persons or property protected under the provisions of the relevant Geneva Convention (ASP-8.2.a.):
8.2.1.1. Willful killing (ASP-8.2.a.i.);
8.2.1.2. Torture or inhuman treatment, including biological experiments (ASP-8.2.a.ii.);
8.2.1.3. Willfully causing great suffering, or serious injury to body or health (ASP-8.2.a.iii.);
8.2.1.4. Extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly (ASP-8.2.a.iv.);
8.2.1.5. Compelling a prisoner of war or other protected person to serve in the forces of a hostile Power (ASP-8.2.a.v.);
8.2.1.6. Wilfully depriving a prisoner of war or other protected person of the rights of fair and regular trial (ASP-8.2.a.vi.);
8.2.1.7. Unlawful deportation or transfer or unlawful confinement (ASP-8.2.a.vii.);
8.2.1.8. Taking of hostages (ASP-8.2.a.viii.).
8.2.2. Other serious violations of the laws and customs applicable in international armed conflict, within the established framework of international law, namely, any of the following acts (ASP-8.2.b):
8.2.2.01. Intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part in hostilities (ASP-8.2.b.i.);
8.2.2.02. Intentionally directing attacks against civilian objects, that is, objects that are not military (ASP-8.2.b.ii.);
8.2.2.03. Intentionally directing attacks against personnel, installations, material, units or vehicles involved in a humanitarian assistance or law enforcement mission in accordance with the Earth Constitution, as long as they are entitled to the protection given to civilians or civilian objects under adopted world law of the Earth Federation (ASP-8.2.b.iii.);
8.2.2.04. Intentionally launching an attack in the knowledge that such attack will cause incidental loss of life or injury to civilians or damage to civilian objects or widespread, long-term and severe damage to the natural environment (ASP-8.2.b.iv.);
8.2.2.05. Attacking or bombarding, by whatever means, towns, villages, dwellings or buildings which are undefended (ASP-8.2.b.v.);
8.2.2.06. Killing or wounding a combatant who, having laid down his arms or having no longer means of defence, has surrendered at discretion (ASP-8.2.b.vi.);
8.2.2.07. Making improper use of a flag of truce, of the flag or of the military insignia and uniform of the enemy or of police insignia of the Earth Federation, resulting in death or serious personal injury (ASP-8.2.b.vii.);
8.2.2.08. The transfer, directly or indirectly, by the Occupying Power of parts of its own civilian population into the territory it occupies, or the deportation or transfer of all or parts of the population of the occupied territory within or outside this territory, contrary to the Bill of Rights of the Earth Constitution (ASP-8.2.b.viii.);
8.2.2.09. Intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected (ASP-8.2.b.ix.);
8.2.2.10. Subjecting persons who are in the power of an adverse party to torture, to physical mutilation or to medical or scientific experiments of any kind that are neither justified by the medical, dental or hospital treatment of the person concerned nor carried out in his or her interest, and which cause death to or seriously endanger the health of such person or persons (ASP-8.2.b.x.);
8.2.2.11. Killing or wounding treacherously individuals belonging to the hostile nation or army (ASP-8.2.b.xi.);
8.2.2.12. Declaring that no quarter will be given (ASP-8.2.b.xii.);
8.2.2.13. Destroying or seizing the enemy's property unless the necessities of war imperatively demand the destruction or seizure (ASP-8.2.b.xiii.);
8.2.2.14. Declaring abolished, suspended or inadmissible in a court of law the rights and actions of the nationals of the hostile party, or of any world citizen (ASP-8.2.b.xiv.);
8.2.2.15. Compelling the nationals of the hostile party to take part in the operations of war directed against their own country, even if they were in the belligerent's service before the commencement of the war (ASP-8.2.b.xv.);
8.2.2.16. Pillaging a town or place, even when taken by assault (ASP-8.2.b.xvi.);
8.2.2.17. Employing poison or poisoned weapons (ASP-8.2.b.xvii.);
8.2.2.18. Employing asphyxiating, poisonous or other gases, and all analogous liquids, materials or devices (ASP-8.2.b.xviii.);
8.2.2.19. Employing bullets that expand or flatten easily in the human body, such as bullets with a hard envelope which does not entirely cover the core or is pierced with incisions (ASP-8.2.b.xix.);
8.2.2.20. Employing weapons, projectiles and material and methods of warfare that are of a nature to cause superfluous injury or unnecessary suffering or which are inherently indiscriminate in violation of the world law. An annex to this Statute and other world legislation provides comprehensive yet non-exhaustive lists of prohibited weapons, projectiles and material and methods of warfare (ASP-8.2.b.xx.);
8.2.2.21. Committing outrages upon personal dignity, in particular humiliating and degrading treatment (ASP-8.2.b.xxi.);
8.2.2.22. Committing rape, sexual slavery, enforced prostitution, forced pregnancy, as defined in article 7, paragraph 2.6 (2f), enforced sterilization, or any other form of sexual violence also constituting a grave breach of the Geneva Conventions (ASP-8.2.b.xxii.);
8.2.2.23. (Reserved by the People) (ASP-8.2.b.xxiii.)
8.2.2.24. Intentionally directing attacks against buildings, material, medical units and transport, and personnel using the distinctive emblems of the Geneva Conventions in conformity with international law (ASP-8.2.b.xxiv.);
8.2.2.25. Intentionally using starvation of civilians as a method of warfare by depriving them of objects indispensable to their survival, including wilfully impeding relief supplies as provided for under the Geneva Conventions (ASP-8.2.b.xxv.);
8.2.2.26. Conscripting or enlisting children under the age of eighteen years into national armed forces. Conscripting into paramilitary forces, or using children to participate actively in hostilities. This paragraph does not criminalize children, nor criminalize children's right to self-protection, which is legal (ASP-8.2.b.xxvi.). (Crime of conscription is further defined in World Legislative Act #13.)
8.2.3. In the case of an armed conflict not of an international character, any of the following acts committed against persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention or any other cause (ASP-8.2.c.):
8.2.3.1. Violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture (ASP-8.2.c.i.);
8.2.3.2. Committing outrages upon personal dignity, in particular humiliating and degrading treatment (ASP-8.2.c.ii.);
8.2.3.3. Taking of hostages (ASP-8.2.c.iii.);
8.2.3.4. The passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all judicial guarantees which are generally recognized as indispensable (ASP-8.2.c.iv.).
8.2.4. Paragraph (8.2.3.) applies to all armed conflicts not of an international character and thus might not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence or other acts of a similar nature. Internal cases are subject to legal review by the World Ombudsmus, the World Attorney General, and the World Courts, and may result in legal prosecutions in the World Court (ASP-8.2.d.).
8.2.5. Other serious violations of the laws and customs applicable in armed conflicts not of an international character, within the established framework of international law and world law, namely, any of the following acts (ASP-8.2.e.):
8.2.5.01. Intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part in hostilities (ASP-8.2.e.i.);
8.2.5.02. Intentionally directing attacks against buildings, material, medical units and transport, and personnel using the distinctive emblems of the Earth Federation in conformity with world law (ASP-8.2.e.ii.);
8.2.5.03. Intentionally directing attacks against personnel, installations, material, units or vehicles involved in a humanitarian assistance or law enforcement mission in accordance with the Earth Constitution, as long as they are entitled to the protection given to civilians or civilian objects under world law (ASP-8.2.e.iii.);
8.2.5.04. Intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected (ASP-8.2.e.iv.);
8.2.5.05. Pillaging a town or place, even when taken by assault (ASP-8.2.e.v.);
8.2.5.06. Committing rape, sexual slavery, enforced prostitution, forced pregnancy, as defined in article 7, paragraph 2.6 (7.2.6.), enforced sterilization, and any other form of sexual violence (ASP-8.2.e.vi.);
8.2.5.07. Conscripting or enlisting children under the age of eighteen years into armed forces or groups or using them to participate actively in hostilities. However, this provision does not criminalize children nor criminalize the child's right to self-protection, which is legal (ASP-8.2.e.vii.) (Crime of conscription is further defined in World Legislative Act #13.);
8.2.5.08. Ordering the displacement of the civilian population for reasons related to the conflict, unless the security of the civilians involved or imperative military reasons so demand (ASP-8.2.e.viii.);
8.2.5.09. Killing or wounding treacherously a combatant adversary (ASP-8.2.e.ix.);
8.2.5.10. Declaring that no quarter will be given (ASP-8.2.e.x.);
8.2.5.11. Subjecting persons who are in the power of another party to the conflict to physical mutilation or to medical or scientific experiments of any kind which are neither justified by the medical, dental or hospital treatment of the person concerned nor carried out in his or her interest, and which cause death to or seriously endanger the health of such person or persons (ASP-8.2.e.xi.);
8.2.5.12. Destroying or seizing the property of an adversary unless such destruction or seizure be imperatively demanded by the necessities of the conflict (ASP-8.2.e.xii.);
8.2.6. Paragraph (8.2.5.) applies to armed conflicts not of an international character and thus might not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts of violence or other acts of a similar nature. It applies to armed conflicts that take place in the territory of a State when there is protracted armed conflict between governmental authorities and organized armed groups or between such groups (ASP-8.2.f.).
8.3. Nothing in paragraph (8.2.3.) and (8.2.5.) shall affect the responsibility of a Government to maintain or re-establish law and order in the State or to defend the unity and territorial integrity of the State, by all legitimate means.
Article 9
Elements of Crimes
9.1. Elements of Crimes shall assist the Court in the interpretation and application of articles 6, 7 and 8. The provisional World Parliament and World Parliament will deliberate the Elements of Crimes.
9.2. Amendments to the Elements of Crimes may be proposed by the following agents:
9.2.1. Members of the provisional World Parliament and World Parliament (ASP-9.2.a.);
9.2.2. The Criminal Bench World Court judges acting by an absolute majority (ASP-9.2.b.);
9.2.3. The Prosecutor (ASP-9.2.c.).
The provisional World Parliament and World Parliament may each adopt to amend the Elements of Crimes by simple majority vote in joint or separate session.
9.3. Agents may propose amendments to the Elements of Crimes consistent with World Statutes, and the Earth Constitution.
Article 10
The Court must not interpret anything in this Part to limit or prejudice existing or developing rules of world law for purposes other than this Statute.
Article 11
Jurisdiction ratione temporis
11.1. The Court has jurisdiction only with respect to crimes committed after the entry into force of respective world statutes.
11.2. The revised Statute enters into force upon Statute adoption by the provisional World Parliament.
Article 12
Preconditions to the exercise of jurisdiction
12.1. A State which becomes a Party to the Earth Constitution thereby accepts the jurisdiction of the Court with respect to the crimes referred to in article 5. A State becomes a Party to this Statute by preliminary or final ratification of the Earth Constitution.
12.2. In the case of article 13, paragraph 1 (13.1.) or 3 (13.3.), the Court shall exercise jurisdiction if one or more of the following States are Parties to the Earth Constitution or have accepted the jurisdiction of the Court in accordance with paragraph 3:
12.2.1. The State on the territory of which the conduct in question occurred or, if the crime was committed on board a vessel or aircraft, the State of registration of that vessel or aircraft (ASP-12.2.a.);
12.2.2. The State of which the person accused of the crime is a national (ASP-12.2.b.).
12.3. If alleged crime(s) referred to in Article 5 occurred in Earth Federation territory, territorial waters or airspace, the Court shall exercise jurisdiction irrespective of the nationality of the accused or nationality of the carrier. Otherwise, if the acceptance of a State which is not a Party to the Earth Constitution is required under paragraph 2 (12.2), that State may, by declaration lodged with the Registrar, accept the exercise of jurisdiction by the Court with respect to the crime in question. The accepting State shall cooperate with the Court without any delay or exception in accordance with Part 9.
Article 13
Exercise of jurisdiction
The Court may exercise its jurisdiction with respect to a crime referred to in article (5) in accordance with the provisions of this Statute if:
13.1. The World Ombudsmus or a State Party in accordance with article (14) refers a situation in which one or more of such crimes appears to have been committed (ASP-13.a.);
13.2. The World Presidium refers to the Prosecutor a situation in which one or more of such crimes appears to have been committed (ASP-13.b.); or
13.3. The Prosecutor has initiated an investigation in respect of a world crime in accordance with article (15) (ASP-13.c.).
Article 14
Referral of a situation by World Ombudsmus or a State Party to the Earth Constitution
14.1. The World Ombudsmus or a State Party may refer to the Prosecutor a situation in which one or more crimes within the jurisdiction of the Court appear to have been committed requesting the Prosecutor to investigate the situation to determine whether to charge one or more specific persons with the commission of world crime.
14.2. The World Ombudsmus or State referring the situation shall provide any available supporting documentation. As far as possible, the World Ombudsmus or State shall specify the relevant circumstances in the referral.
Article 15
Prosecutor
15.1. The Prosecutor may initiate investigations proprio motu on the basis of information on crimes within the jurisdiction of the Court.
15.2. The Prosecutor shall analyse the seriousness of the information received. For this purpose, he or she may seek additional information from any agency of the Earth Federation, including integrating agencies of the United Nations, States Parties to the Earth Constitution, intergovernmental or non-governmental organizations, or other reliable sources that he or she deems appropriate. The Prosecutor may receive written or oral testimony at the seat of the Court.
15.3. If the Prosecutor concludes that there is a reasonable basis to proceed with an investigation, he or she shall submit to the Pre-Trial Chamber a notice of authorization of an investigation, together with any supporting material collected. Victims may make representations to the Pre-Trial Chamber, in accordance with the Rules of Procedure and Evidence.
15.4. If the Pre-Trial Chamber, upon examination of the notice and the supporting material, considers that there is a reasonable basis to proceed with an investigation, and that the case appears to fall within the jurisdiction of the Court, the Pre-Trial Chamber shall recognize and confirm the commencement of the investigation, without prejudice to subsequent determinations by the Court with regard to the jurisdiction and admissibility of a case.
15.5. The refusal of the Pre-Trial Chamber to confirm the investigation shall not preclude the presentation of a subsequent notice by the Prosecutor based on new facts or evidence regarding the same situation.
15.6. If, after the preliminary examination referred to in paragraphs 1 and 2, the Prosecutor concludes that the information provided does not constitute a reasonable basis for an investigation, he or she shall inform those who provided the information. This does not preclude the Prosecutor from considering further information submitted to him or her regarding the same situation in the light of new facts or evidence.
Article 16
Deferral of investigation or prosecution
16.1. The Security Council of the United Nations must neither deny nor attempt to deny any investigation or prosecution of the Court or Prosecutor. The World Presidium, or World Cabinet must neither deny nor attempt to deny any investigation or prosecution by any action, whether by a single member or jointly. Either the World Parliament or the World Ombudsmus may take up questions of spurious or frivolous prosecutions. The World Parliament may enact legislation to discourage spurious or frivolous prosecutions. The World Ombudsmus may initiate Court action to discourage spurious or frivolous prosecutions.
16.2. The World Court may find any attempt to defer investigation or prosecution, by any Security Council representative, or any attempt by a member of the World Presidium or World Cabinet, except for motions for legislation to discourage spurious or frivolous cases, to be Contempt of Court (Class 3 Misdemeanor). If the attempt to defer investigation or prosecution continues, the World Court may charge Obstruction of Justice (Class 3 felony). In the case charge of Obstruction or Justice, a separate trial must be held for the individual accused of Obstruction.
Article 17
Issues of admissibility
17.1. Having regard to paragraph 10 of the Preamble and article 1, the Court shall determine that a case is inadmissible where:
17.1.1. The case is being investigated or prosecuted by a State which has jurisdiction over the case, unless the State is unwilling or unable genuinely to carry out the investigation or prosecution (ASP-17.1.a.);
17.1.2. The case has been investigated by a State which has jurisdiction over the case and the State has decided not to prosecute the person concerned, unless the decision resulted from the unwillingness or inability of the State genuinely to prosecute (ASP-17.1.b.);
17.1.3. The person concerned has already been tried for the conduct which is the subject of the complaint, and a trial by the Court is not permitted under article 20, paragraph 3 (20.3) (ASP-17.1.c.);
17.1.4. The case is not of sufficient gravity to justify further action by the Court (ASP-17.1.d.).
17.2. In order to determine unwillingness in a particular case, the Court shall consider, having regard to the principles of due process recognized by world law, whether one or more of the following exist, as applicable:
17.2.1. The proceedings were or are being undertaken or the national decision was made for the purpose of shielding the person concerned from criminal responsibility for crimes within the jurisdiction of the Court referred to in article (5) (ASP-17.2.a.);
17.2.2. There has been an unjustified delay in the proceedings which in the circumstances is inconsistent with an intent to bring the person concerned to justice (ASP-17.2.b.);
17.2.3. The proceedings were not or are not being conducted independently or impartially, and they were or are being conducted in a manner which, in the circumstances, is inconsistent with an intent to bring the person concerned to justice (ASP-17.2.c.).
17.3. In order to determine inability in a particular case, the Court shall consider whether, due to a total or substantial collapse or unavailability of its national judicial system, the State is unable to obtain the accused or the necessary evidence and testimony or otherwise unable to carry out its proceedings. If the State is unable, the jurisdiction belongs to the World Court.
Article 18
Preliminary rulings regarding admissibility
18.1. When a situation has been referred to the Court pursuant to article (13.1.) and the Prosecutor has determined that there would be a reasonable basis to commence an investigation, or the Prosecutor initiates an investigation pursuant to articles (13.3.) and (15), the Prosecutor shall notify all States Parties to the Earth Constitution and those States which, taking into account the information available, would normally exercise jurisdiction over the crimes concerned. The Prosecutor may notify such States on a confidential basis and, where the Prosecutor believes it necessary to protect persons, prevent destruction of evidence or prevent the absconding of persons, may limit the scope of the information provided to States.
18.2. Within one month of receipt of that notification, a State may inform the Court that the respective State is investigating or has investigated the State nationals or others within State jurisdiction with respect to criminal acts which may constitute crimes referred to in article (5) and which relate to the information provided in the notification to States. At the request of that State, the Prosecutor shall defer to the State's investigation of those persons unless the Pre-Trial Chamber, on the application of the Prosecutor, decides to authorize the investigation.
18.3. The Prosecutor's deferral to a State's investigation shall be open to review by the Prosecutor six months after the date of deferral or at any time when there has been a significant change of circumstances based on the State's unwillingness or inability genuinely to carry out the investigation.
18.4. The State concerned or the Prosecutor may appeal to the Appeals Chamber against a ruling of the Pre-Trial Chamber, in accordance with article (82). The Appeals Chamber may hear the appeal on an expedited basis.
18.5. When the Prosecutor has deferred an investigation in accordance with paragraph (18.2), the Prosecutor may order that the State concerned periodically inform the Prosecutor of the progress of State investigations and any subsequent prosecutions. States shall respond to such orders without undue delay.
18.6. Pending a ruling by the Pre-Trial Chamber, or at any time when the Prosecutor has deferred an investigation under this article, the Prosecutor may, on an exceptional basis, seek authority from the Pre-Trial Chamber to pursue necessary investigative steps for the purpose of preserving evidence where there is a unique opportunity to obtain important evidence or there is a significant risk that evidence might not be subsequently available.
18.7. A State which has challenged a ruling of the Pre-Trial Chamber under this article may challenge the admissibility of a case under article (19) on the grounds of additional significant facts or significant change of circumstances.
Article 19
Challenges to the jurisdiction of the Court
or the admissibility of a case
19.01. The Court shall satisfy itself that the Court has jurisdiction in any case brought before it. The Court may, on its own motion, determine the admissibility of a case in accordance with article (17).
19.02. Challenges to the admissibility of a case on the grounds referred to in article (17) or challenges to the jurisdiction of the Court may be made by:
19.02.1. An accused or a person for whom a warrant of arrest or a summons to appear has been issued under article (58) (ASP-19.2.a.);
19.02.2. A State which has jurisdiction over a case, on the ground that the State is investigating or prosecuting the case or has investigated or prosecuted (ASP-19.2.b.); or
19.02.3. A State from which acceptance of jurisdiction is required under article (12) (ASP-19.2.c.).
19.03. The Prosecutor may seek a ruling from the Court regarding a question of jurisdiction or admissibility. In proceedings with respect to jurisdiction or admissibility, those who have referred the situation under article (13), as well as victims, may also submit observations to the Court.
19.04. The admissibility of a case or the jurisdiction of the Court may be challenged only once by any person or State referred to in paragraph (19.2). The challenge shall take place prior to or at the commencement of the trial. In exceptional circumstances, the Court may grant leave for a challenge to be brought more than once or at a time later than the commencement of the trial. Challenges to the admissibility of a case, at the commencement of a trial, or subsequently with the leave of the Court, may be based only on article (17.1.3.).
19.05. A State referred to in paragraph (19.02.2) and (19.02.3) shall make a challenge at the earliest opportunity.
19.06. The defense shall refer challenges to the admissibility of a case or challenges to the jurisdiction of the Court to the Pre-Trial Chamber prior to the confirmation of the charges. After confirmation of the charges, the defense shall refer challenges to the Trial Chamber. Defense may appeal decisions with respect to jurisdiction or admissibility to the Appeals Chamber in accordance with article (82).
19.07. If a challenge is made by a State referred to in paragraph (19.2.2.) or (19.2.3.), the Prosecutor shall suspend the investigation until the Court makes a determination in accordance with article (17).
19.08.1. Pending a ruling on the challenge by the Court, the Prosecutor may seek authority from the Court, to pursue necessary investigative steps of the kind referred to in article 18, paragraph 6 (18.6.) (ASP-19.8.a.);
19.08.2. The Prosecutor may take a statement or testimony from a witness or complete the collection and examination of evidence which had begun prior to the making of the challenge (ASP-19.8.b.); and
19.08.3. In cooperation with the Prosecutor, relevant States may prevent the absconding of persons for whom the Prosecutor has already issued a warrant of arrest under article (58) (ASP-19.8.c.).
19.09. The making of a challenge shall not affect the validity of any act performed by the Prosecutor or any order or warrant issued by the Court or Prosecutor prior to the making of the challenge.
19.10. If the Court has decided that a case is inadmissible under article (17), the Prosecutor may submit a request for a review of the decision when he or she presents new facts which negate the basis on which the case had previously been found inadmissible under article (17).
19.11. If the Prosecutor, having regard to the matters referred to in article (17), defers an investigation, the Prosecutor may order that the relevant State make available to the Prosecutor information on the proceedings. At the request of the State concerned, that information is confidential. If the Prosecutor thereafter decides to proceed with an investigation, he or she shall notify the State to which deferral of the proceedings has taken place.
Article 20
Ne bis in idem
20.1. Except as provided in this Statute, the Court must not try any person with respect to conduct which formed the basis of crimes for which the person has been convicted or acquitted by the Court.
20.2. No person shall be tried by another court for a crime referred to in article (5) for which that person has already been convicted or acquitted by the Court.
20.3. No person who has been tried by another court for conduct also proscribed under article (6), (7) or (8) shall be tried by the Court with respect to the same conduct unless the proceedings in the other court:
20.3.1. Were for the purpose of shielding the person concerned from criminal responsibility for crimes within the jurisdiction of the Court (ASP-20.3.a.); or
20.3.2. Otherwise were not conducted independently or impartially in accordance with the norms of due process recognized by world law and were conducted in a manner which, in the circumstances, was inconsistent with an intent to bring the person concerned to justice (ASP-20.3.b.).
20.4. Secret trials and binding mock trials (kangaroo courts, ad hoc criminal courts) are not admissible in the Earth Federation. [(Elements 8 (2) (a) (vi)) - Class 3 felony, or in cases of sentencing, [Elements 8 (2) (c) (iv)] - Class 6 felony) If the Court determines that a State has held a secret trial or binding mock trial that unjustly exonerates an individual, or to affect an unreasonably light sentence, that defeats the purpose of this Article, the Court and Prosecutor may prosecute those individuals who effected the secret or binding mock trial. This provision does not apply to public hearing tribunals in which sentencing is not deliberated.
Article 21
Applicable law
21.1. The Court shall apply the following:
21.1.1. In the first place, the Constitution for the Federation of Earth (Earth Constitution)
21.1.2. In the second place, this Statute, Elements of Crimes; Rules of Procedure and Evidence; and where appropriate, applicable principles and rules of world law, including the established principles of the world law of armed conflict, described in World Legislative Acts (WLA#1), (WLA#13) and other world legislative statutes (ASP-21.1.a.);
21.1.3. Failing that, general principles of law derived by the Court from national laws of legal systems of the world including, as appropriate, the national laws of States that would normally exercise jurisdiction over the crime, provided that those principles are not inconsistent with the Earth Constitution, this Statute, world law and world recognized norms and standards (ASP-21.1.b.).
21.2. The Court may apply principles and rules of law as interpreted in the Court’s previous decisions, insofar as not inconsistent with the Earth Constitution and world legislation.
21.3. The Court shall apply and interpret law pursuant to this article consistent with recognized human rights of the Earth Constitution, and of the respective states members of the Earth Federation. The Court shall judge without any adverse distinction founded on grounds such as gender, age, race, colour, language, religion or belief, political or other opinion, national, ethnic or social origin, wealth, birth or other status.