PART 7. Penalties

• Author: International Criminal Court
• Pages: 55-56

55

Rome Statute of the International Criminal Court

PART 7.

PENALTIES

Article 77

Applicable penalties

1. Subject to article 110, the Court may impose one of the following penalties on a person

convicted of a crime referred to in article 5 of this Statute:

(a) Imprisonment for a specif‌ied number of years, which may not exceed a

maximum of 30 years; or

(b) A term of life imprisonment when justif‌ied by the extreme gravity of the crime

and the individual circumstances of the convicted person.

2. In addition to imprisonment, the Court may order:

(a) A f‌ine under the criteria provided for in the Rules of Procedure and Evidence;

(b) A forfeiture of proceeds, property and assets derived directly or indirectly from

that crime, without prejudice to the rights of bona f‌ide third parties.

Article 78

Determination of the sentence

1. In determining the sentence, the Court shall, in accordance with the Rules of

Procedure and Evidence, take into account such factors as the gravity of the crime and

the individual circumstances of the convicted person.

2. In imposing a sentence of imprisonment, the Court shall deduct the time, if any,

previously spent in detention in accordance with an order of the Court. The Court may

deduct any time otherwise spent in detention in connection with conduct underlying

the crime.

3. When a person has been convicted of more than one crime, the Court shall pronounce a

sentence for each crime and a joint sentence specifying the total period of imprisonment.

This period shall be no less than the highest individual sentence pronounced and shall

not exceed 30 years imprisonment or a sentence of life imprisonment in conformity

with article 77, paragraph 1 (b).

Article 79

Trust Fund

1. A Trust Fund shall be established by decision of the Assembly of States Parties for the

benef‌it of victims of crimes within the jurisdiction of the Court, and of the families of

such victims.

2. The Court may order money and other property collected through f‌ines or forfeiture to

be transferred, by order of the Court, to the Trust Fund.

3. The Trust Fund shall be managed according to criteria to be determined by the

Assembly of States Parties.