require seven years to educate the relevant personnel on the requirements of the war crimes provisions of the Statute. It would be unfortunate if a State Party decides to make a declaration under article 124, and is subsequently invaded by a hostile force that commits numerous war crimes, yet the State cannot find any redress because it does not accept the jurisdiction of the ICC over such crimes and may not have the resources to carry out such a prosecution itself. Therefore, States should consider carefully whether to make a declaration under article 124, when ratifying the Statute, as it could have unwelcome consequences.
Financing of the Court
Description
Article 114 states that the expenses of the Court and the Assembly of States Parties, including its Bureau and subsidiary bodies, shall be paid from the funds of the Court. The funds of the Court will be provided by States Parties and any voluntary benefactors, rather than by the general budget of the United Nations. However, there are provisions that the United Nations may contribute, subject to approval by the General Assembly and that the United Nations contribution will, in particular, relate to operations referred to the Court by the Security Council (article 115(b)).
The Statute does not make the financing of the Court a universal, compulsory obligation for all States in the United Nations, but rather provides that the financial obligations to the Court of States Parties will be established following the assessment parameters provided in article 117 of the Statute, notably an agreed scale of assessment based on the scale adopted by the United Nations for its regular budget.
Article 117 further states that the scale of assessment shall be adjusted in accordance with the principles on which the scale is based. This refers to the general principle of the regular budget of the United Nations adopted by the General Assembly that there is a limit to the maximum contribution a State is required to make. At the present time no State may pay less than 0.001% and no State may be required to pay more than 25% of the budget.
An important feature of the financial arrangements for the Court concerns the stipulation that the budget of the Court will be set by the Assembly of States Parties. The assessed contributions therefore will be established after the budget is adopted.
The Budget
The budget will be on a year to year basis as reflected in the annual audit clause in article 118. Thus, although the volume of the Court's activity and the activities of the Prosecutor and the Registrar will vary in relation to the volume, the requirement for annual budgets will allow the Court to adapt to changing circumstances when required.
The budget for the first fiscal year of the Court will be adopted by the Assembly of States Parties based on the proposal submitted by the Preparatory Commission. The Financial Rules and Regulations of the Court, and the meetings of the Assembly of States Parties, including its Bureau and subsidiary bodies are to be established by the Assembly of States Parties as provided for in article 113.
Note that States Parties' voting rights in the Assembly of States Parties and in its Bureau may be affected in certain circumstances as stipulated in article 112 (8) where a State's arrears equal or exceed the contributions required for the preceding two years. The same paragraph provides for the suspension of this sanction where the Assembly of States Parties is satisfied that the failure to pay is due to conditions beyond the control of the State Party.
Voluntary contributions to the Court are permitted under article 116 where it is stated that they must be considered as additional funds. Thus they may not be sought or utilised in any manner to replace or fulfil the regular budget expenses.
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