The judges of the International Criminal Court (ICC) adopted an amendment to the Regulations of the Court, which enters into force today. The new regulation 56 bis specifies the procedure for motions for acquittal and complements the new rule 140 quater of the Rules of Procedure and Evidence, which was adopted by the Assembly of States Parties in December 2025 following a proposal by the plenary of judges.
Motions for acquittal can be filed before a Trial Chamber by the defence upon the conclusion of the evidence presented by the Prosecutor. If the Trial Chamber finds that the evidence presented by the Prosecutor is insufficient in law to sustain a conviction, it will enter a decision of acquittal. The Trial Chamber needs to grant leave to file such a motion. The new rule and regulation clarify the applicable procedure and set strict time limits to file an application for leave or a motion for acquittal, and for the Trial Chamber to issue its decision. The new provisions harmonise the practices of chambers and ensure an expeditious adjudication of motions for acquittal.
The amendment is part of the judges' efforts to continuously improve and harmonise the procedures of the Court and codify best practices as appropriate. Prior to its approval by the plenary of judges, the amendment proposal was placed before the Court's Advisory Committee on Legal Texts, which consists of three judges (one from each Division), one representative from the Office of the Prosecutor, one representative from the Registry and one representative of counsel included in the Court's list of counsel.
The amendment to the Regulations of the Court will be circulated to States Parties for comments. Pursuant to article 52(3) of the Rome Statute, if, within six months from circulation, there are no objections from a majority of States Parties, the amendments shall remain in force.
