Section 35p. 35

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

provisions of article 72. If the originator is not a State Party

and refuses to consent to disclosure, the requested State

shall inform the Court that it is unable to provide the

document

or

information

because

of

a pre-existing

obligation of confidentiality to the originator.

ARTICLE 74

Requirements for the decision

1. All the judges of the Trial Chamber shall be present at

each stage of the trial and throughout their deliberations.

The Presidency may, on a case-by-case basis, designate,

as available, one or more alternate judges to be present at

each stage of the trial and to replace a member of the

Trial Chamber if that member is unable to continue

attending.

2. The Trial Chamber's decision shall be based on its

evaluation of the evidence and the entire proceedings.

The

decision

shall

not

exceed

the

facts

and

circumstances

described

in

the

charges

and

any

amendments to the charges. The Court may base its

decision

only

on evidence submitted and discussed

before it at the trial.

3. The judges shall attempt to achieve unanimity in their

decision, failing which the decision shall be taken by a

majority of the judges.

4. The deliberations of the Trial Chamber shall remain

secret.

5. The decision shall be in writing and shall contain a full

and reasoned statement of the Trial Chamber's findings

on the evidence and conclusions. The Trial Chamber shall

issue one decision. When there is no unanimity, the Trial

Chamber's

decision

shall

contain

the

views

of

the

majority and the minority. The decision or a summary

thereof shall be delivered in open court.

ARTICLE 75

Reparations to victims

1.

The

Court

shall

establish

principles

relating

to

reparations

to,

or

in

respect

of,

victims,

including

restitution,

compensation

and

rehabilitation. On this

basis, in its decision the Court may, either upon request or

on

its

own

motion

in

exceptional

circumstances,

determine the scope and extent of any damage, loss and

injury to, or in respect of, victims and will state the

principles on which it is acting.

2. The Court may make an order directly against a

convicted person specifying appropriate reparations to, or

in respect of, victims, including restitution, compensation

and rehabilitation.

Where appropriate, the Court may order that the award

for reparations be made through the Trust Fund provided

for in article 79.

3. Before making an order under this article, the Court

may invite and shall take account of representations from

or on behalf of the convicted person, victims, other

interested persons or interested States.

4. In exercising its power under this article, the Court may,

after

a

person

is

convicted

of

a

crime

within

the

jurisdiction of the Court, determine whether, in order to

give effect to an order which it may make under this

article, it is necessary to seek measures under article 93,

paragraph 1.

5. A State Party shall give effect to a decision under this

article as if the provisions of article 109 were applicable to

this article.

6.

Nothing

in

this

article

shall

be

interpreted

as

prejudicing

the

rights

of

victims

under

national or

international law.

ARTICLE 76

Sentencing

1. In the event of a conviction, the Trial Chamber shall

consider the appropriate sentence to be imposed and

shall take into account the evidence presented and

submissions made during the trial that are relevant to the

sentence.

2.

Except

where

article

65

applies

and

before

the

completion of the trial, the Trial Chamber may on its own

motion and shall, at the request of the Prosecutor or the

accused, hold a further hearing to hear any additional

evidence or submissions relevant to the sentence, in

accordance with the Rules of Procedure and Evidence.

3. Where paragraph 2 applies, any representations under

article 75 shall be heard during the further hearing

referred to in paragraph 2 and, if necessary, during any

additional hearing.

4. The sentence shall be pronounced in public and,

wherever possible, in the presence of the accused.

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.

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