ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT
PART 13. FINAL CLAUSES
Settlement of disputes
dispute concerning the judicial functions of the Court shall be settled
by the decision of the Court.
other dispute between two or more States Parties relating to the interpretation
or application of this Statute which is not settled through negotiations
within three months of their commencement shall be referred to the Assembly
of States Parties. The Assembly may itself seek to settle the dispute or
may make recommendations on further means of settlement of the dispute,
including referral to the International Court of Justice in conformity
with the Statute of that Court.
No reservations may be made to this Statute.
the expiry of seven years from the entry into force of this Statute, any
State Party may propose amendments thereto. The text of any proposed amendment
shall be submitted to the Secretary-General of the United Nations, who
shall promptly circulate it to all States Parties.
sooner than three months from the date of notification, the Assembly of
States Parties, at its next meeting, shall, by a majority of those present
and voting, decide whether to take up the proposal. The Assembly may deal
with the proposal directly or convene a Review Conference if the issue
involved so warrants.
adoption of an amendment at a meeting of the Assembly of States Parties
or at a Review Conference on which consensus cannot be reached shall require
a two-thirds majority of States Parties.
as provided in paragraph 5, an amendment shall enter into force for all
States Parties one year after instruments of ratification or acceptance
have been deposited with the Secretary-General of the United Nations by
seven-eighths of them.
amendment to articles 5, 6, 7 and 8 of this Statute shall enter into force
for those States Parties which have accepted the amendment one year after
the deposit of their instruments of ratification or acceptance. In respect
of a State Party which has not accepted the amendment, the Court shall
not exercise its jurisdiction regarding a crime covered by the amendment
when committed by that State Party's nationals or on its territory.
an amendment has been accepted by seven-eighths of States Parties in accordance
with paragraph 4, any State Party which has not accepted the amendment
may withdraw from this Statute with immediate effect, notwithstanding article
127, paragraph 1, but subject to article 127, paragraph 2, by giving notice
no later than one year after the entry into force of such amendment.
Secretary-General of the United Nations shall circulate to all States Parties
any amendment adopted at a meeting of the Assembly of States Parties or
at a Review Conference.
Amendments to provisions of an institutional nature
to provisions of this Statute which are of an exclusively institutional
nature, namely, article 35, article 36, paragraphs 8 and 9, article 37,
article 38, article 39, paragraphs 1 (first two sentences), 2 and 4, article
42, paragraphs 4 to 9, article 43, paragraphs 2 and 3, and articles 44,
46, 47 and 49, may be proposed at any time, notwithstanding article 121,
paragraph 1, by any State Party. The text of any proposed amendment shall
be submitted to the Secretary-General of the United Nations or such other
person designated by the Assembly of States Parties who shall promptly
circulate it to all States Parties and to others participating in the Assembly.
under this article on which consensus cannot be reached shall be adopted
by the Assembly of States Parties or by a Review Conference, by a two-thirds
majority of States Parties. Such amendments shall enter into force for
all States Parties six months after their adoption by the Assembly or,
as the case may be, by the Conference.
Review of the Statute
years after the entry into force of this Statute the Secretary-General
of the United Nations shall convene a Review Conference to consider any
amendments to this Statute. Such review may include, but is not limited
to, the list of crimes contained in article 5. The Conference shall be
open to those participating in the Assembly of States Parties and on the
any time thereafter, at the request of a State Party and for the purposes
set out in paragraph 1, the Secretary-General of the United Nations shall,
upon approval by a majority of States Parties, convene a Review Conference.
provisions of article 121, paragraphs 3 to 7, shall apply to the adoption
and entry into force of any amendment to the Statute considered at a Review
Notwithstanding article 12, paragraphs 1 and 2, a State, on becoming a
party to this Statute, may declare that, for a period of seven years after
the entry into force of this Statute for the State concerned, it does not
accept the jurisdiction of the Court with respect to the category of crimes
referred to in article 8 when a crime is alleged to have been committed
by its nationals or on its territory. A declaration under this article
may be withdrawn at any time. The provisions of this article shall be reviewed
at the Review Conference convened in accordance with article 123, paragraph
Signature, ratification, acceptance, approval
Statute shall be open for signature by all States in Rome, at the headquarters
of the Food and Agriculture Organization of the United Nations, on 17 July
1998. Thereafter, it shall remain open for signature in Rome at the Ministry
of Foreign Affairs of Italy until 17 October 1998. After that date, the
Statute shall remain open for signature in New York, at United Nations
Headquarters, until 31 December 2000.
Statute is subject to ratification, acceptance or approval by signatory
States. Instruments of ratification, acceptance or approval shall be deposited
with the Secretary-General of the United Nations.
Statute shall be open to accession by all States. Instruments of accession
shall be deposited with the Secretary-General of the United Nations.
Entry into force
Statute shall enter into force on the first day of the month after the
60th day following the date of the deposit of the 60th instrument of ratification,
acceptance, approval or accession with the Secretary-General of the United
each State ratifying, accepting, approving or acceding to this Statute
after the deposit of the 60th instrument of ratification, acceptance, approval
or accession, the Statute shall enter into force on the first day of the
month after the 60th day following the deposit by such State of its instrument
of ratification, acceptance, approval or accession.
1. A State
Party may, by written notification addressed to the Secretary-General of
the United Nations, withdraw from this Statute. The withdrawal shall take
effect one year after the date of receipt of the notification, unless the
notification specifies a later date.
2. A State
shall not be discharged, by reason of its withdrawal, from the obligations
arising from this Statute while it was a Party to the Statute, including
any financial obligations which may have accrued. Its withdrawal shall
not affect any cooperation with the Court in connection with criminal investigations
and proceedings in relation to which the withdrawing State had a duty to
cooperate and which were commenced prior to the date on which the withdrawal
became effective, nor shall it prejudice in any way the continued consideration
of any matter which was already under consideration by the Court prior
to the date on which the withdrawal became effective.
The original of this Statute, of which the Arabic, Chinese, English, French,
Russian and Spanish texts are equally authentic, shall be deposited with
the Secretary-General of the United Nations, who shall send certified copies
thereof to all States.
IN WITNESS WHEREOF, the undersigned, being duly authorized thereto by their
respective Governments, have signed this Statute.
DONE at Rome, this 17th day of July 1998.