Gender Report Card on the International Criminal ... - YWCA Canada

Governance
With the adoption of the Rome Statute in 2002, the
international community established a sui generis
international criminal court with a complex institutional
structure. The internal governance framework is provided
for under the Rome Statute (Articles 34-52) and subsidiary
texts and has been further developed through the Court’s
practices. Pursuant to Article 34 of the Rome Statute, the
Court is composed of the following four organs, each with
distinctive functions ascribed to it by the Statute:
n The Presidency 305
n The Appeals Division, the Trial Division and the Pre-Trial
Division (the Chambers) 306
n The Office of the Prosecutor (OTP) 307
n The Registry 308
The independence of the different organs constitutes a crucial aspect of the Rome
Statute governance framework and is central to the integrity of investigations and
judicial proceedings. The Assembly of States Parties (ASP), in turn, shall provide
overall management oversight to the Presidency, the Prosecutor and the Registrar
regarding the proper administration of the Court.
305 Article 38 provides that the Presidency is responsible for the proper administration of the Court, with
the exception of the OTP. The Presidency shall coordinate with and seek concurrence of the Prosecutor
on all matters of mutual concern.
306 Articles 39 and 40 provide that the judges of the three Divisions (including the members of the
Presidency) are responsible for the conduct of judicial proceedings before the Court. The judges shall
be independent in the performance of their duties.
307 Article 42 provides that the OTP acts independently as a separate organ of the Court, and the
Prosecutor has full authority over the management and administration thereof. The Presidency and
Prosecutor coordinate on matters of mutual concern.
308 Acting within the Presidency’s overall responsibility and subject to the authority of the President
over the Registrar, pursuant to Article 43, the Registry carries out the non-judicial aspects of the
administration and servicing of the Court, without prejudice to the functions and powers of the
Prosecutor.
93