The Court shall be composed of the following organs:
(b) An Appeals Division, a Trial Division and a Pre-Trial Division;
(c) The Office of the Prosecutor;
(d) The Registry.
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.
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:
(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;
(ii) By the procedure provided for the nomination of candidates for the International Court of Justice in the Statute of that Court.
(ii) Equitable geographical representation; and
(iii) A fair representation of female and male judges.
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.
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.
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;
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.
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.
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.
(b) The Prosecutor or the Deputy Prosecutor, as appropriate, shall be entitled to present his or her comments on the matter;
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.
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.
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.
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:
(b) Is unable to exercise the functions required by this Statute.
(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.
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.
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:
(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.
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.
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.
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:
(b) The judges acting by an absolute majority; or
(c) The Prosecutor.
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.