ules and Regulations of the Court (article 113) and the rules of procedure of the Assembly of States Parties (article 112 (9)).
- Under articles 13(a) & 14, States Parties may refer a "situation" to the Prosecutor, which gives jurisdiction to the Court to investigate the matter. They have a right to be informed where the Prosecutor concludes that information given by the State Party on a situation does not form a reasonable basis for an investigation (article 15 (6)). They also have a right to be informed of all investigations that are initiated by the Prosecutor, either proprio motu or on the basis of a State Party referring a situation (article 18 (1)). Where the State Party referred a particular situation to the Prosecutor, it may submit observations where the Prosecutor seeks a ruling from the Court regarding a question of jurisdiction or admissibility (article 19 (3)). The State Party may also request the Pre-trial Chamber to review a decision of the Prosecutor to initiate or not an investigation (53 (3)(a)).
- If a State becomes a party to proceedings in the ICC, it has the right to present evidence (article 69 (3)). Where a State Party is allowed to intervene in a case, it can request the use of a language other than English or French in which to address the Court (article 50 (3)).
- States Parties have the right to receive Regulations of the Court and to accept or object to them (article 52 (3)).
- They also have the right to receive co-operation and assistance from the Court where they are conducting an investigation or prosecution either in regard to situations where a crime is within the jurisdiction of the Court, or which is a serious crime under the national law of the requesting State Party (articles 93 (10) & 96 (4)).
5.2 Looking to the Future
Assembly of States Parties
The Assembly of States Parties is going to be the manager of the Court, just as the General Assembly manages the UN. It will be comprised of representatives of all States Parties, who will meet on a regular basis to ensure the efficient functioning of the Court. Non-States Parties that have signed the Final Act of the Rome Conference and/or the Rome Statute are entitled to participate as observers in the Assembly, but are not entitled to vote (article 112 (1)).
The main provision of the Rome Statute that deals with the Assembly of States Parties is article 112. Each State Party shall have one representative in the Assembly, however States may also bring their advisers and other personnel with them to meetings of the Assembly. Each State Party has one vote (article 112 (7)). Any decisions on matters of substance must be approved by a two-thirds majority of those present and decisions on matters of procedure are to be taken by a simple majority of States Parties present. However, the Assembly is exhorted to try to reach consensus in its decisions in the first instance.
Paragraph 112 (8) stipulates that any State Party in arrears in the payment of its financial contributions towards the cost of the Court for the last two years shall lose its right to vote, unless the Assembly is satisfied that the failure to pay is due to conditions beyond the control of the State Party.
The Powers of the Assembly of States Parties
Paragraph 2 of article 112 sets out some of the broad functions of the Assembly, including deciding the budget for the Court. Paragraph 3 describes the management structure of the Assembly, comprising a Bureau consisting of a President, two Vice-Presidents, and 18 members elected by the Assembly for three-year terms, taking into account equitable geographical distribution and the adequate representation of the principal legal systems of the world.
Paragraph 4 grants additional powers to the Assembly, such as the power to create subsidiary bodies as necessary. Paragra
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