Chapter 9. Offences and misconduct against the Court

• Author: International Criminal Court
• Pages: 68-71

68

Rules of Procedure and Evidence

Chapter 9.

Offences and misconduct against the Court

Section I. Offences against the administration of justice under

article 70

Rule 162

Exercise of jurisdiction

1. Before deciding whether to exercise jurisdiction, the Court may consult with States

Parties that may have jurisdiction over the offence.

2. In making a decision whether or not to exercise jurisdiction, the Court may consider,

in particular:

(a) The availability and effectiveness of prosecution in a State Party;

(b) The seriousness of an offence;

(c) The possible joinder of charges under article 70 with charges under articles 5 to 8;

(d) The need to expedite proceedings;

(e) Links with an ongoing investigation or a trial before the Court; and

(f) Evidentiary considerations.

3. The Court shall give favourable consideration to a request from the host State for a

waiver of the power of the Court to exercise jurisdiction in cases where the host State

considers such a waiver to be of particular importance.

4. If the Court decides not to exercise its jurisdiction, it may request a State Party to exercise

jurisdiction pursuant to article 70, paragraph 4.

Rule 163

Application of the Statute and the Rules

1. Unless otherwise provided in sub-rules 2 and 3, rule 162 and rules 164 to 169, the Statute

and the Rules shall apply mutatis mutandi s to the Court’s investigation, prosecution and

punishment of offences def‌ined in article 70.

2. The provisions of Part 2, and any rules thereunder, shall not apply, with the exception

of article 21.

3. The provisions of Part 10, and any rules thereunder, shall not apply, with the exception

of articles 103, 107, 109 and 111.

Rule 164

Periods of limitation

1. If the Court exercises jurisdiction in accordance with rule 162, it shall apply the periods

of limitation set forth in this rule.