ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT
PART 4. COMPOSITION AND ADMINISTRATION
OF THE COURT
Article 34
Organs of the Court
The Court shall be composed of the following organs:
(a) The Presidency;
(b) An Appeals Division, a Trial
Division and a Pre-Trial Division;
(c) The Office of the Prosecutor;
(d) The Registry.
Article 35
Service of judges
1. All
judges shall be elected as full-time members of the Court and shall be
available to serve on that basis from the commencement of their terms of
office.
2. The
judges composing the Presidency shall serve on a full-time basis as soon
as they are elected.
3. The
Presidency may, on the basis of the workload of the Court and in consultation
with its members, decide from time to time to what extent the remaining
judges shall be required to serve on a full-time basis. Any such arrangement
shall be without prejudice to the provisions of article 40.
4. The
financial arrangements for judges not required to serve on a full-time
basis shall be made in accordance with article 49.
Article 36
Qualifications, nomination and election of judges
1. Subject
to the provisions of paragraph 2, there shall be 18 judges of the Court.
2. (a)
The Presidency, acting on behalf of the Court, may propose an increase
in the number of judges specified in paragraph 1, indicating the reasons
why this is considered necessary and appropriate. The Registrar shall promptly
circulate any such proposal to all States Parties.
(b) Any such proposal shall then be considered
at a meeting of the Assembly of States Parties to be convened in accordance
with article 112. The proposal shall be considered adopted if approved
at the meeting by a vote of two thirds of the members of the Assembly of
States Parties and shall enter into force at such time as decided by the
Assembly of States Parties.
(c) (i) Once a proposal
for an increase in the number of judges has been adopted under subparagraph
(b), the election of the additional judges shall take place at the next
session of the Assembly of States Parties in accordance with paragraphs
3 to 8, and article 37, paragraph 2;
(ii) Once a proposal for an increase in the number
of judges has been adopted and brought into effect under subparagraphs
(b) and (c) (i), it shall be open to the Presidency at any time thereafter,
if the workload of the Court justifies it, to propose a reduction in the
number of judges, provided that the number of judges shall not be reduced
below that specified in paragraph 1. The proposal shall be dealt with in
accordance with the procedure laid down in subparagraphs (a) and (b). In
the event that the proposal is adopted, the number of judges shall be progressively
decreased as the terms of office of serving judges expire, until the necessary
number has been reached.
3. (a)
The judges shall be chosen from among persons of high moral character,
impartiality and integrity who possess the qualifications required in their
respective States for appointment to the highest judicial offices.
(b) Every candidate for election to the Court shall:
(i) Have established competence
in criminal law and procedure, and the necessary relevant experience, whether
as judge, prosecutor, advocate or in other similar capacity, in criminal
proceedings; or
(ii) Have established competence
in relevant areas of international law such as international humanitarian
law and the law of human rights, and extensive experience in a professional
legal capacity which is of relevance to the judicial work of the Court;
(c) Every candidate for election to the Court shall
have an excellent knowledge of and be fluent in at least one of the working
languages of the Court.
4. (a)
Nominations of candidates for election to the Court may be made by any
State Party to this Statute, and shall be made either:
(i) By the procedure for the
nomination of candidates for appointment to the highest judicial offices
in the State in question; or
(ii) By the procedure provided
for the nomination of candidates for the International Court of Justice
in the Statute of that Court.
Nominations shall be accompanied by a statement in the necessary detail
specifying how the candidate fulfils the requirements of paragraph 3.
(b) Each State Party may put forward one candidate
for any given election who need not necessarily be a national of that State
Party but shall in any case be a national of a State Party.
(c) The Assembly of States Parties may decide to
establish, if appropriate, an Advisory Committee on nominations. In that
event, the Committee's composition and mandate shall be established by
the Assembly of States Parties.
5. For
the purposes of the election, there shall be two lists of candidates:
List A containing the names of candidates with the qualifications
specified in paragraph 3 (b) (i); and
List B containing the names of candidates with the qualifications
specified in paragraph 3 (b) (ii).
A
candidate with sufficient qualifications for both lists may choose on which
list to appear. At the first election to the Court, at least nine judges
shall be elected from list A and at least five judges from list B. Subsequent
elections shall be so organized as to maintain the equivalent proportion
on the Court of judges qualified on the two lists.
6. (a)
The judges shall be elected by secret ballot at a meeting of the Assembly
of States Parties convened for that purpose under article 112. Subject
to paragraph 7, the persons elected to the Court shall be the 18 candidates
who obtain the highest number of votes and a two-thirds majority of the
States Parties present and voting.
(b) In the event that a sufficient number of judges
is not elected on the first ballot, successive ballots shall be held in
accordance with the procedures laid down in subparagraph (a) until the
remaining places have been filled.
7. No
two judges may be nationals of the same State. A person who, for the purposes
of membership of the Court, could be regarded as a national of more than
one State shall be deemed to be a national of the State in which that person
ordinarily exercises civil and political rights.
8. (a)
The States Parties shall, in the selection of judges, take into account
the need, within the membership of the Court, for:
(i) The representation of the
principal legal systems of the world;
(ii) Equitable geographical representation;
and
(iii) A fair representation of
female and male judges.
(b) States Parties shall also take into account
the need to include judges with legal expertise on specific issues, including,
but not limited to, violence against women or children.
9. (a)
Subject to subparagraph (b), judges shall hold office for a term of nine
years and, subject to subparagraph (c) and to article 37, paragraph 2,
shall not be eligible for re-election.
(b) At the first election, one third of the judges
elected shall be selected by lot to serve for a term of three years; one
third of the judges elected shall be selected by lot to serve for a term
of six years; and the remainder shall serve for a term of nine years.
(c) A judge who is selected to serve for a term
of three years under subparagraph (b) shall be eligible for re-election
for a full term.
10. Notwithstanding
paragraph 9, a judge assigned to a Trial or Appeals Chamber in accordance
with article 39 shall continue in office to complete any trial or appeal
the hearing of which has already commenced before that Chamber.
Article 37
Judicial vacancies
1. In
the event of a vacancy, an election shall be held in accordance with article
36 to fill the vacancy.
2. A
judge elected to fill a vacancy shall serve for the remainder of the predecessor's
term and, if that period is three years or less, shall be eligible for
re-election for a full term under article 36.
Article 38
The Presidency
1. The
President and the First and Second Vice-Presidents shall be elected by
an absolute majority of the judges. They shall each serve for a term of
three years or until the end of their respective terms of office as judges,
whichever expires earlier. They shall be eligible for re-election once.
2. The
First Vice-President shall act in place of the President in the event that
the President is unavailable or disqualified. The Second Vice-President
shall act in place of the President in the event that both the President
and the First Vice-President are unavailable or disqualified.
3. The
President, together with the First and Second Vice-Presidents, shall constitute
the Presidency, which shall be responsible for:
(a) The proper administration of the Court, with
the exception of the Office of the Prosecutor; and
(b) The other functions conferred upon it in accordance
with this Statute.
4. In
discharging its responsibility under paragraph 3 (a), the Presidency shall
coordinate with and seek the concurrence of the Prosecutor on all matters
of mutual concern.
Article 39
Chambers
1. As
soon as possible after the election of the judges, the Court shall organize
itself into the divisions specified in article 34, paragraph (b). The Appeals
Division shall be composed of the President and four other judges, the
Trial Division of not less than six judges and the Pre-Trial Division of
not less than six judges. The assignment of judges to divisions shall be
based on the nature of the functions to be performed by each division and
the qualifications and experience of the judges elected to the Court, in
such a way that each division shall contain an appropriate combination
of expertise in criminal law and procedure and in international law. The
Trial and Pre-Trial Divisions shall be composed predominantly of judges
with criminal trial experience.
2. (a)
The judicial functions of the Court shall be carried out in each division
by Chambers.
(b) (i)
The Appeals Chamber shall be composed of all the judges of the Appeals
Division;
(ii) The functions of the Trial Chamber shall be
carried out by three judges of the Trial Division;
(iii) The functions of the Pre-Trial
Chamber shall be carried out either by three judges of the Pre-Trial Division
or by a single judge of that division in accordance with this Statute and
the Rules of Procedure and Evidence;
(c) Nothing in this paragraph shall
preclude the simultaneous constitution of more than one Trial Chamber or
Pre-Trial Chamber when the efficient management of the Court's workload
so requires.
3. (a)
Judges assigned to the Trial and Pre-Trial Divisions shall serve in those
divisions for a period of three years, and thereafter until the completion
of any case the hearing of which has already commenced in the division
concerned.
(b) Judges assigned to the Appeals Division shall
serve in that division for their entire term of office.
4. Judges
assigned to the Appeals Division shall serve only in that division. Nothing
in this article shall, however, preclude the temporary attachment of judges
from the Trial Division to the Pre-Trial Division or vice versa, if the
Presidency considers that the efficient management of the Court's workload
so requires, provided that under no circumstances shall a judge who has
participated in the pre-trial phase of a case be eligible to sit on the
Trial Chamber hearing that case.
Article 40
Independence of the judges
1. The
judges shall be independent in the performance of their functions.
2. Judges
shall not engage in any activity which is likely to interfere with their
judicial functions or to affect confidence in their independence.
3. Judges
required to serve on a full-time basis at the seat of the Court shall not
engage in any other occupation of a professional nature.
4. Any
question regarding the application of paragraphs 2 and 3 shall be decided
by an absolute majority of the judges. Where any such question concerns
an individual judge, that judge shall not take part in the decision.
Article 41
Excusing and disqualification of judges
1. The
Presidency may, at the request of a judge, excuse that judge from the exercise
of a function under this Statute, in accordance with the Rules of Procedure
and Evidence.
2. (a)
A judge shall not participate in any case in which his or her impartiality
might reasonably be doubted on any ground. A judge shall be disqualified
from a case in accordance with this paragraph if, inter alia, that
judge has previously been involved in any capacity in that case before
the Court or in a related criminal case at the national level involving
the person being investigated or prosecuted. A judge shall also be disqualified
on such other grounds as may be provided for in the Rules of Procedure
and Evidence.
(b) The Prosecutor or the person being investigated
or prosecuted may request the disqualification of a judge under this paragraph.
(c) Any question as to the disqualification of
a judge shall be decided by an absolute majority of the judges. The challenged
judge shall be entitled to present his or her comments on the matter, but
shall not take part in the decision.
Article 42
The Office of the Prosecutor
1. The
Office of the Prosecutor shall act independently as a separate organ of
the Court. It shall be responsible for receiving referrals and any substantiated
information on crimes within the jurisdiction of the Court, for examining
them and for conducting investigations and prosecutions before the Court.
A member of the Office shall not seek or act on instructions from any external
source.
2. The
Office shall be headed by the Prosecutor. The Prosecutor shall have full
authority over the management and administration of the Office, including
the staff, facilities and other resources thereof. The Prosecutor shall
be assisted by one or more Deputy Prosecutors, who shall be entitled to
carry out any of the acts required of the Prosecutor under this Statute.
The Prosecutor and the Deputy Prosecutors shall be of different nationalities.
They shall serve on a full-time basis.
3. The
Prosecutor and the Deputy Prosecutors shall be persons of high moral character,
be highly competent in and have extensive practical experience in the prosecution
or trial of criminal cases. They shall have an excellent knowledge of and
be fluent in at least one of the working languages of the Court.
4. The
Prosecutor shall be elected by secret ballot by an absolute majority of
the members of the Assembly of States Parties. The Deputy Prosecutors shall
be elected in the same way from a list of candidates provided by the Prosecutor.
The Prosecutor shall nominate three candidates for each position of Deputy
Prosecutor to be filled. Unless a shorter term is decided upon at the time
of their election, the Prosecutor and the Deputy Prosecutors shall hold
office for a term of nine years and shall not be eligible for re-election.
5. Neither
the Prosecutor nor a Deputy Prosecutor shall engage in any activity which
is likely to interfere with his or her prosecutorial functions or to affect
confidence in his or her independence. They shall not engage in any other
occupation of a professional nature.
6. The
Presidency may excuse the Prosecutor or a Deputy Prosecutor, at his or
her request, from acting in a particular case.
7. Neither
the Prosecutor nor a Deputy Prosecutor shall participate in any matter
in which their impartiality might reasonably be doubted on any ground.
They shall be disqualified from a case in accordance with this paragraph
if, inter alia, they have previously been involved in any capacity
in that case before the Court or in a related criminal case at the national
level involving the person being investigated or prosecuted.
8. Any
question as to the disqualification of the Prosecutor or a Deputy Prosecutor
shall be decided by the Appeals Chamber.
(a) The person being investigated
or prosecuted may at any time request the disqualification of the Prosecutor
or a Deputy Prosecutor on the grounds set out in this article;
(b) The Prosecutor or the Deputy
Prosecutor, as appropriate, shall be entitled to present his or her comments
on the matter;
9. The Prosecutor
shall appoint advisers with legal expertise on specific issues, including,
but not limited to, sexual and gender violence and violence against children.
Article 43
The Registry
1. The
Registry shall be responsible for the non-judicial aspects of the administration
and servicing of the Court, without prejudice to the functions and powers
of the Prosecutor in accordance with article 42.
2. The
Registry shall be headed by the Registrar, who shall be the principal administrative
officer of the Court. The Registrar shall exercise his or her functions
under the authority of the President of the Court.
3. The
Registrar and the Deputy Registrar shall be persons of high moral character,
be highly competent and have an excellent knowledge of and be fluent in
at least one of the working languages of the Court.
4. The
judges shall elect the Registrar by an absolute majority by secret ballot,
taking into account any recommendation by the Assembly of States Parties.
If the need arises and upon the recommendation of the Registrar, the judges
shall elect, in the same manner, a Deputy Registrar.
5. The
Registrar shall hold office for a term of five years, shall be eligible
for re-election once and shall serve on a full-time basis. The Deputy Registrar
shall hold office for a term of five years or such shorter term as may
be decided upon by an absolute majority of the judges, and may be elected
on the basis that the Deputy Registrar shall be called upon to serve as
required.
6. The
Registrar shall set up a Victims and Witnesses Unit within the Registry.
This Unit shall provide, in consultation with the Office of the Prosecutor,
protective measures and security arrangements, counselling and other appropriate
assistance for witnesses, victims who appear before the Court, and others
who are at risk on account of testimony given by such witnesses. The Unit
shall include staff with expertise in trauma, including trauma related
to crimes of sexual violence.
Article 44
Staff
1. The
Prosecutor and the Registrar shall appoint such qualified staff as may
be required to their respective offices. In the case of the Prosecutor,
this shall include the appointment of investigators.
2. In
the employment of staff, the Prosecutor and the Registrar shall ensure
the highest standards of efficiency, competency and integrity, and shall
have regard, mutatis mutandis, to the criteria set forth in article
36, paragraph 8.
3. The
Registrar, with the agreement of the Presidency and the Prosecutor, shall
propose Staff Regulations which include the terms and conditions upon which
the staff of the Court shall be appointed, remunerated and dismissed. The
Staff Regulations shall be approved by the Assembly of States Parties.
4. The
Court may, in exceptional circumstances, employ the expertise of gratis
personnel offered by States Parties, intergovernmental organizations or
non-governmental organizations to assist with the work of any of the organs
of the Court. The Prosecutor may accept any such offer on behalf of the
Office of the Prosecutor. Such gratis personnel shall be employed in accordance
with guidelines to be established by the Assembly of States Parties.
Article 45
Solemn undertaking
Before taking up their respective duties under this Statute, the judges,
the Prosecutor, the Deputy Prosecutors, the Registrar and the Deputy Registrar
shall each make a solemn undertaking in open court to exercise his or her
respective functions impartially and conscientiously.
Article 46
Removal from office
1. A judge,
the Prosecutor, a Deputy Prosecutor, the Registrar or the Deputy Registrar
shall be removed from office if a decision to this effect is made in accordance
with paragraph 2, in cases where that person:
(a) Is found to have committed
serious misconduct or a serious breach of his or her duties under this
Statute, as provided for in the Rules of Procedure and Evidence; or
(b) Is unable to exercise the
functions required by this Statute.
2. A decision
as to the removal from office of a judge, the Prosecutor or a Deputy Prosecutor
under paragraph 1 shall be made by the Assembly of States Parties, by secret
ballot:
( a) In the case of a judge,
by a two-thirds majority of the States Parties upon a recommendation adopted
by a two-thirds majority of the other judges;
(b) In the case of the Prosecutor,
by an absolute majority of the States Parties;
(c) In the case of a Deputy Prosecutor,
by an absolute majority of the States Parties upon the recommendation of
the Prosecutor.
3. A decision
as to the removal from office of the Registrar or Deputy Registrar shall
be made by an absolute majority of the judges.
4. A
judge, Prosecutor, Deputy Prosecutor, Registrar or Deputy Registrar whose
conduct or ability to exercise the functions of the office as required
by this Statute is challenged under this article shall have full opportunity
to present and receive evidence and to make submissions in accordance with
the Rules of Procedure and Evidence. The person in question shall not otherwise
participate in the consideration of the matter.
Article 47
Disciplinary measures
A judge, Prosecutor, Deputy Prosecutor, Registrar or Deputy Registrar who
has committed misconduct of a less serious nature than that set out in
article 46, paragraph 1, shall be subject to disciplinary measures, in
accordance with the Rules of Procedure and Evidence.
Article 48
Privileges and immunities
1. The
Court shall enjoy in the territory of each State Party such privileges
and immunities as are necessary for the fulfilment of its purposes.
2. The
judges, the Prosecutor, the Deputy Prosecutors and the Registrar shall,
when engaged on or with respect to the business of the Court, enjoy the
same privileges and immunities as are accorded to heads of diplomatic missions
and shall, after the expiry of their terms of office, continue to be accorded
immunity from legal process of every kind in respect of words spoken or
written and acts performed by them in their official capacity.
3. The
Deputy Registrar, the staff of the Office of the Prosecutor and the staff
of the Registry shall enjoy the privileges and immunities and facilities
necessary for the performance of their functions, in accordance with the
agreement on the privileges and immunities of the Court.
4. Counsel,
experts, witnesses or any other person required to be present at the seat
of the Court shall be accorded such treatment as is necessary for the proper
functioning of the Court, in accordance with the agreement on the privileges
and immunities of the Court.
5. The
privileges and immunities of:
(a) A judge or the Prosecutor
may be waived by an absolute majority of the judges;
(b) The Registrar may be waived
by the Presidency;
(c) The Deputy Prosecutors and
staff of the Office of the Prosecutor may be waived by the Prosecutor;
(d) The Deputy Registrar and staff
of the Registry may be waived by the Registrar.
Article 49
Salaries, allowances and expenses
The judges, the Prosecutor, the Deputy Prosecutors, the Registrar and the
Deputy Registrar shall receive such salaries, allowances and expenses as
may be decided upon by the Assembly of States Parties. These salaries and
allowances shall not be reduced during their terms of office.
Article 50
Official and working languages
1. The
official languages of the Court shall be Arabic, Chinese, English, French,
Russian and Spanish. The judgements of the Court, as well as other decisions
resolving fundamental issues before the Court, shall be published in the
official languages. The Presidency shall, in accordance with the criteria
established by the Rules of Procedure and Evidence, determine which decisions
may be considered as resolving fundamental issues for the purposes of this
paragraph.
2. The
working languages of the Court shall be English and French. The Rules of
Procedure and Evidence shall determine the cases in which other official
languages may be used as working languages.
3. At
the request of any party to a proceeding or a State allowed to intervene
in a proceeding, the Court shall authorize a language other than English
or French to be used by such a party or State, provided that the Court
considers such authorization to be adequately justified.
Article 51
Rules of Procedure and Evidence
1. The
Rules of Procedure and Evidence shall enter into force upon adoption by
a two-thirds majority of the members of the Assembly of States Parties.
2. Amendments
to the Rules of Procedure and Evidence may be proposed by:
(a) Any State Party;
(b) The judges acting by an absolute
majority; or
(c) The Prosecutor.
Such amendments shall enter into force upon adoption by a two-thirds majority
of the members of the Assembly of States Parties.
3. After
the adoption of the Rules of Procedure and Evidence, in urgent cases where
the Rules do not provide for a specific situation before the Court, the
judges may, by a two-thirds majority, draw up provisional Rules to be applied
until adopted, amended or rejected at the next ordinary or special session
of the Assembly of States Parties.
4. The
Rules of Procedure and Evidence, amendments thereto and any provisional
Rule shall be consistent with this Statute. Amendments to the Rules of
Procedure and Evidence as well as provisional Rules shall not be applied
retroactively to the detriment of the person who is being investigated
or prosecuted or who has been convicted.
5. In
the event of conflict between the Statute and the Rules of Procedure and
Evidence, the Statute shall prevail.
Article 52
Regulations of the Court
1. The
judges shall, in accordance with this Statute and the Rules of Procedure
and Evidence, adopt, by an absolute majority, the Regulations of the Court
necessary for its routine functioning.
2. The
Prosecutor and the Registrar shall be consulted in the elaboration of the
Regulations and any amendments thereto.
3. The
Regulations and any amendments thereto shall take effect upon adoption
unless otherwise decided by the judges. Immediately upon adoption, they
shall be circulated to States Parties for comments. If within six months
there are no objections from a majority of States Parties, they shall remain
in force.
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