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Obligations
States Parties must provide the Court with specified financial contributions, which will be assessed in accordance with an agreed scale of assessment, based on the scale adopted by the United Nations for its regular budget and adjusted in accordance with the principles on which that scale is based (articles 115(a) & 117).
States Parties that are in arrears may lose their right to vote in the Assembly of States Parties and in the Bureau, if the amount of their arrears equals or exceeds the amount of the contributions due from them for the preceding two full years. However, the Assembly may permit a State Party to vote where it is satisfied that the failure to pay is due to conditions beyond the control of the State Party (article 112 (8)).
Implementation
Member States of the United Nations will already be familiar with the method of providing contributions to an international body in accordance with an agreed scale of assessment of contributions. All States Parties must ensure that their annual budgets provide for their assessed contributions to the ICC.
Allowing the ICC to sit in a State's territory
Description
Article 3 (1) provides that the seat of Court will be in The Hague and that the Assembly of States Parties will approve the headquarters agreement between the Court and the host State. Articles 3 (2) & 62 suggest that the Court may also sit outside of its headquarters for a specific trial or series of trials regarding a situation referred to the Court. Thus, States Parties may wish to provide for the Court to sit in their territory where this is necessary or desirable. The Rules of Procedure and Evidence are likely to specify more detailed procedures for the Court to sit outside of its headquarters.
Obligations
None of these provisions create obligations for States.
Implementation
Many States may already have legislation and administrative procedures to allow for the ICTY/R to sit in their territory. This legislation and procedures would only require minor amendment, to allow the ICC to sit in their territory as well. Sometimes the effect of holding a trial in the place where the crime was committed is to give victims more of a sense that justice is being done, because they can clearly see the Court at work. Therefore States should consider the possibility of allowing for the ICC to sit in their territory.
Nominating judges and providing other personnel
to the Court
Description
The nomination of judges to the ICC is a right of States Parties, therefore States may wish to implement procedures for nominating candidates. Article 36 (4) sets out the procedures that a State Party may use to make nominations:
i) the procedure for the nomination of candidates for appointment to the highest judicial offices in the State in question; or
ii) the procedure provided for the nomination of candidates to the International Court of Justice in the Statute of that Court.
Note that States Parties may nominate only one candidate for any given election. Candidates need not be nationals of the nominating State Party, but they must be a national of one of the States Parties (article 36 (4)(b)).
Election of the judges will be by secret ballot at a meeting of the Assembly of States Parties held for that purpose (article 36 (6)). Two methods of choosing a nominee are spelled out in considerable detail in the Statute. All candidates for judgeships on the Court must be chosen from among persons of high moral character, impartiality and integrity and who possess the qualifications required in their respective States for appointment to the highest judicial offices (article 36 (3)).
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