ph 5 provides that the President of the Court, the Prosecutor and the Registrar may participate in meetings of the Assembly and of the Bureau. Paragraph 6 sets out the timetable and preferred venue of meetings for the Assembly.
There are numerous additional references throughout the Statute to the details of the Assembly's role and responsibilities. For example, articles 2 & 3 provide that the Assembly will have to approve the agreements that are to be made between the Court and the UN, and between the Court and the host State. Under article 44, the Assembly is required to establish guidelines for the employment of any "gratis personnel offered by States Parties, intergovernmental organisations or non-governmental organisations".
One of the most influential roles that the Assembly will have is the selection of judges and other personnel for the Court. Most of the relevant provisions are in Part 4. Composition and Administration of the Court. The Assembly also makes the decision to remove judges and prosecutors if necessary and decides the salary of all senior ICC personnel (articles 46(2) & 49).
As mentioned previously, the Assembly must also adopt the Elements of Crimes and the Rules of Procedure and Evidence that are currently being finalised at Preparatory Commission meetings (articles 9 (1) & 51 (1)). For details on these texts, see below.
The Assembly may also have a disciplinary role, if this is ever needed. Under article 87 (7), if the Court concludes that a State is acting inconsistently with its obligations under the Statute, it can refer the matter to the Assembly. There is no mention in the Statute of the Assembly's obligations once a matter has been referred to it. But it is likely to consider the seriousness of the allegation and arrive at a suitable political solution. The Assembly will also have a role in the settlement of any disputes between States Parties (article 119).
Finally, the Assembly is to establish and administer a Trust Fund "for the benefit of victims of crimes within the jurisdiction of the Court, and of the families of such victims" (article 79 (1)). The Assembly will determine the criteria for managing the Fund (article 79 (3)).
Elements of Crimes
At present, a Working Group comprised of representatives from over 100 States is preparing a draft text of the Elements of Crimes within the jurisdiction of the Court. This draft text must be finalised by 30 June 2000. Once finalised, the Elements need to be adopted by a two-thirds majority of the Assembly of States Parties before they come into force (article 9 (1)). The Working Group is making every effort to ensure that the Elements are consistent with the relevant provisions of the Statute, in order to maintain widespread support for the Court.
The purpose of these Elements is to specify the type of facts, mental awareness, and circumstances that the ICC Prosecutor will have to prove, in order to convict a person of one of the crimes within the jurisdiction of the Court. This precision will help in the successful dissemination of information about the ICC crimes to all of those who may potentially commit one of these crimes. For example, military personnel engaged in peacekeeping operations will need to know about the exact details of the requirements under the Elements of Crimes, if they are to avoid potential prosecution. States should endeavour to ensure that all of their nationals are appropriately informed and trained in any new procedures that may be required, in light of the Elements of Crimes, once they come into force.
Rules of Procedure and Evidence
Several Working Groups comprising representatives of over 100 States are also discussing draft texts for all the Rules of Procedure and Evidence that are needed by the new Court. The Final Act of the Rome Conference requires that these Rules be in fina
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