ce with its powers under Chapter VII of the Charter of the United Nations.
These considerations are all reflected in the functions and powers of the Court, and its relationship with other entities, as set out under the Statute.
The personnel of the Court
The ICC will be comprised of the following organs: the Presidency, the Pre-Trial Division, the Trial Division, the Appeals Division, the Office of the Prosecutor, and the Registry (article 34). The President and First and Second Vice-Presidents will be elected by an absolute majority of the judges and will have limited terms of appointment to these positions (article 38). The Assembly of States Parties will elect the judges, after nominations have been made by States Parties (article 36). The elected judges will serve on the Court for a maximum of nine years (article 36(9)).
The criteria for nominating judges is:
(i) high moral character, impartiality and integrity;
(ii) possession of the qualifications required in their respective States for appointment to the highest judicial offices;
(iii) 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 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 capacity which is of relevance to the judicial work of the Court; and
(iv) excellent knowledge of and fluency in at least one of the working languages of the Court, which are English and French (articles 36(3) & 50(2)).
The Assembly of States Parties may only elect one judge from any one State (article 36(7)), and the selection process outlined in the Statute requires the Assembly to take into account the need for judges who
(i) represent the principal legal systems of the world;
(ii) represent an equitable geographical representation;
(iii) comprise a fair representation of female and male judges; and
(iv) have legal expertise on specific issues, such as violence against women and children (article 36(8)). Therefore the highest standards of competence and representativeness will be ensured in the selection of the judges.
The Assembly of States Parties also elects the Prosecutor and Deputy Prosecutors, based on similar criteria to that for judges (article 42). The judges will elect the Registrar (article 43(4)), who will be responsible for establishing a special Victims and Witnesses Unit within the Registry, which will employ staff with expertise in trauma (article 43(6)).
The ICC judges, Prosecutor, Deputy Prosecutors and the Registrar will be independent in the performance of their functions and the Statute provides that they should be accorded the same privileges and immunities as heads of diplomatic missions when they are engaged on or with respect to the business of the Court (article 48). However, they may be removed from office for serious misconduct or a serious breach of any of their duties under the Statute (article 46). The same sanctions apply to the Deputy Registrar, although the Assembly of States Parties is responsible for the removal of judges and prosecutorial staff, while an absolute majority of the judges will decide whether the Registrar or Deputy Registrar should be removed (article 46(2) & (3)).
Triggering an investigation
There are three ways by which an ICC investigation may be initiated:
(i) a State Party may refer a "situation" to the Prosecutor, where it appears that one or more crimes within the jurisdiction of the Court have been committed (articles 13(a) & 14);
(ii) the Security Council may refer a "situation" to the Prosecutor, when acting under Chapter VII of the Charter
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