Rome Statute of the International Criminal Court
Article 67
Rights of the accused
1.
2.
In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the
provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees,
in full equality:
(a)
To be informed promptly and in detail of the nature, cause and content of the charge, in a language
which the accused fully understands and speaks;
(b)
To have adequate time and facilities for the preparation of the defence and to communicate freely
with counsel of the accused's choosing in confidence;
(c)
To be tried without undue delay;
(d)
Subject to article 63, paragraph 2, to be present at the trial, to conduct the defence in person or
through legal assistance of the accused's choosing, to be informed, if the accused does not have legal
assistance, of this right and to have legal assistance assigned by the Court in any case where the
interests of justice so require, and without payment if the accused lacks sufficient means to pay for it;
(e)
To examine, or have examined, the witnesses against him or her and to obtain the attendance and
examination of witnesses on his or her behalf under the same conditions as witnesses against him
or her. The accused shall also be entitled to raise defences and to present other evidence admissible
under this Statute;
(f)
To have, free of any cost, the assistance of a competent interpreter and such translations as are
necessary to meet the requirements of fairness, if any of the proceedings of or documents presented
to the Court are not in a language which the accused fully understands and speaks;
(g)
Not to be compelled to testify or to confess guilt and to remain silent, without such silence being a
consideration in the determination of guilt or innocence;
(h)
To make an unsworn oral or written statement in his or her defence; and
(i)
Not to have imposed on him or her any reversal of the burden of proof or any onus of rebuttal.
In addition to any other disclosure provided for in this Statute, the Prosecutor shall, as soon as practicable,
disclose to the defence evidence in the Prosecutor's possession or control which he or she believes shows
or tends to show the innocence of the accused, or to mitigate the guilt of the accused, or which may affect
the credibility of prosecution evidence. In case of doubt as to the application of this paragraph, the Court
shall decide.
Article 68
Protection of the victims and witnesses and their participation in the proceedings
1.
The Court shall take appropriate measures to protect the safety, physical and psychological well-being,
dignity and privacy of victims and witnesses. In so doing, the Court shall have regard to all relevant
factors, including age, gender as defined in article 7, paragraph 3, and health, and the nature of the crime,
in particular, but not limited to, where the crime involves sexual or gender violence or violence against
children. The Prosecutor shall take such measures particularly during the investigation and prosecution of
such crimes. These measures shall not be prejudicial to or inconsistent with the rights of the accused and a
fair and impartial trial.
2.
As an exception to the principle of public hearings provided for in article 67, the Chambers of the Court
may, to protect victims and witnesses or an accused, conduct any part of the proceedings in camera or
allow the presentation of evidence by electronic or other special means. In particular, such measures shall
be implemented in the case of a victim of sexual violence or a child who is a victim or a witness, unless
otherwise ordered by the Court, having regard to all the circumstances, particularly the views of the victim
or witness.
3.
Where the personal interests of the victims are affected, the Court shall permit their views and concerns to
be presented and considered at stages of the proceedings determined to be appropriate by the Court and in
a manner which is not prejudicial to or inconsistent with the rights of the accused and a fair and impartial
trial. Such views and concerns may be presented by the legal representatives of the victims where the Court
considers it appropriate, in accordance with the Rules of Procedure and Evidence.
4.
The Victims and Witnesses Unit may advise the Prosecutor and the Court on appropriate protective
measures, security arrangements, counselling and assistance as referred to in article 43, paragraph 6.
33