
Contents
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I . Overview I . Overview
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II . Organs of the Court II . Organs of the Court
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A . Introduction A . Introduction
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B . History of Provision B . History of Provision
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C . Comparison with Other International Courts and Tribunals C . Comparison with Other International Courts and Tribunals
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1 . The Nuremberg and Tokyo Tribunals 1 . The Nuremberg and Tokyo Tribunals
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2 . The ICJ and the Law of the Sea Tribunal 2 . The ICJ and the Law of the Sea Tribunal
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3 . The ICTY and ICTR 3 . The ICTY and ICTR
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D . Comments and Suggestions D . Comments and Suggestions
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III . Judges III . Judges
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A . Introduction A . Introduction
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B . History of Provisions B . History of Provisions
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1 . Qualifications of Judges 1 . Qualifications of Judges
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2 . Nominations 2 . Nominations
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3 . Elections 3 . Elections
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4 . Vacancies 4 . Vacancies
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5 . Independence and Impartiality 5 . Independence and Impartiality
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6 . Excusing and Disqualifying Judges 6 . Excusing and Disqualifying Judges
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C . The Rome Statute C . The Rome Statute
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1 . Qualifications of Judges 1 . Qualifications of Judges
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2 . Nominations 2 . Nominations
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3 . Elections 3 . Elections
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4 . Vacancies 4 . Vacancies
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5 . Independence and Impartiality 5 . Independence and Impartiality
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6 . Excusing and Disqualifying Judges 6 . Excusing and Disqualifying Judges
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D . Comparison with Other International Courts and Tribunals D . Comparison with Other International Courts and Tribunals
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1 . The Nuremberg and Tokyo Tribunals 1 . The Nuremberg and Tokyo Tribunals
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2 . The ICJ and the Law of the Sea Tribunal 2 . The ICJ and the Law of the Sea Tribunal
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3 . The ICTY and ICTR 3 . The ICTY and ICTR
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E . Comments and Suggestions E . Comments and Suggestions
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IV . Presidency IV . Presidency
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A . Introduction A . Introduction
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B . History of Provision B . History of Provision
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C . The Rome Statute C . The Rome Statute
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D . Comparison with Other International Courts and Tribunals D . Comparison with Other International Courts and Tribunals
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1 . The Nuremberg and Tokyo Tribunals 1 . The Nuremberg and Tokyo Tribunals
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2 . The ICJ and the Law of the Sea Tribunal 2 . The ICJ and the Law of the Sea Tribunal
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3 . The ICTY and ICTR 3 . The ICTY and ICTR
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E . Comments and Suggestions E . Comments and Suggestions
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V . The Chambers V . The Chambers
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A . Introduction A . Introduction
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B . History of Provision B . History of Provision
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C . The Rome Statute C . The Rome Statute
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D . Comparison with Other International Courts and Tribunals D . Comparison with Other International Courts and Tribunals
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1 . The Nuremberg and Tokyo Tribunals 1 . The Nuremberg and Tokyo Tribunals
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2 . The ICJ and the Law of the Sea Tribunal 2 . The ICJ and the Law of the Sea Tribunal
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3 . The ICTY and ICTR 3 . The ICTY and ICTR
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E . Comments and Suggestions E . Comments and Suggestions
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Select Bibliography Select Bibliography
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Cite
Extract
. Overview
Part 4 of the Rome Statute concerns the organization of the International Criminal Court, in other words, its organs (Presidency, Chambers, Office of the Prosecutor, and Registry) and their respective functions. It also details the procedures for nominating and electing the Court’s judges, Prosecutor, and Registrar, and their deputies (and for appointing other staff), for ensuring their independence and impartiality, and for removing them in case of misconduct or inability to exercise their functions. Part 4 is, therefore, a pivotal component of the Rome Statute: it is the Court’s ‘hinges’.1
This part of the Statute clearly shows the ICC’s lineage as the progeny of the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda. Nevertheless, however striking the family resemblance may be, the midwives at the Rome Conference have also left their mark, endowing the embryonic Court with its own distinctive features. Some of the ICC’s distinguishing marks reflect the fact that it was created by treaty, unlike the ICTY and ICTR which were created by the Security Council acting under Chapter VII of the United Nations Charter as a response to specific situations threatening international peace and security. This explains, for example, why ICC judges are elected by an Assembly of States Parties rather than by the United Nations General Assembly and Security Council.
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