35, all judges of the Court shall be elected as full time members of the Court and shall be available to serve as such from the commencement of their terms of office. However, the judges comprising the Presidency shall serve on a full time basis as soon as they are elected. The Presidency may decide to what extent the remaining judges shall be required to serve on a full-time basis in consultation with its members.
Ensuring the impartiality of judges and other
ICC personnel
Under article 41 (2), a judge will be disqualified from hearing a case where 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. Therefore States Parties need to keep accurate records of the criminal trials that their judges are involved in, if they envisage nominating their judges to the ICC at some stage.
States Parties may also provide Prosecutors and other ICC personnel for the Court, although there is no specific right for them to nominate such persons under the Statute. The Statute provides that the Prosecutor will be elected by secret ballot by an absolute majority of the members of the Assembly of States Parties, but it does not specify who can make nominations of Prosecutors (article 42 (4)). However, it specifies that the Prosecutor provides a list of candidates for the Deputy Prosecutors. Under article 44 (4), States Parties may also offer gratis personnel to assist with the work of the organs of the Court.
Article 42 (7) provides that Prosecutors and Deputy Prosecutors will be disqualified from a case if they have previously been involved in any capacity in that case before the Court or in a related case at the national level involving the person being investigated or prosecuted. It may also cause problems for the Court if any gratis personnel provided by a State Party could be perceived as partial by reason of previous involvement in a related case at the national level. Therefore, States Parties that envisage providing any personnel to the Court should ensure that they keep accurate records of all persons involved in criminal cases at the national level, to avoid the possibility of any of these persons giving the appearance of partiality and thereby undermining the legitimacy of the Court.
Obligations
If a State Party decides to nominate a candidate for election as a judge of the ICC, it must follow one of the procedures set out in article 36 (4). It must also observe the requirements under article 36 (3) as to the type of qualities that the candidate must possess.
Implementation
States Parties that wish to take advantage of these provisions should implement appropriate procedures for selecting and nominating such persons. They may wish to create a list of persons who would be suitable candidates for various positions within the Court. They should also establish procedures, if they have not already, for keeping accurate records of all persons involved in criminal investigations and prosecutions in the State, to ensure that the ICC may have all the relevant information on which to base a decision to disqualify a person from involvement in an ICC case, if this is required. When States Parties are putting forward any candidates for the Court, they should bear in mind that the working languages of the Court will be English and French in most cases, so their candidates will need to be fluent in at least one of these languages (article 50(2)).
Other rights of States Parties
The following situations are other instances in the Statute where rights of States Parties arise and States may wish to implement procedures to facilitate the exercise of these rights:
- States Parties may participate in the making of the Financial R
> 1 2 3 ... 291 292 293 ... 303 304 305
Zaki.ru законы и право
поиск по сайту
каталог документов
добавить сайт Zaki.ru в избранное
Правовые акты международные
Правовые акты Российской Федерации
