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An Introduction To The International Criminal Court - Institute for ...

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structure and administration of the court 183<br />

was chosen in June 2003 as the <strong>Court</strong>’s first Registrar. If required, the judges<br />

may also elect a Deputy Registrar to a five-year term or to such shorter term<br />

as they may decide.<br />

<strong>The</strong> Registrar’s staff is to demonstrate experience with various judicial<br />

systems, in addition to geographic representativity and gender balance.<br />

<strong>The</strong> Statute specifically provides <strong>for</strong> the use of ‘gratis personnel’ offered<br />

by States parties, intergovernmental and non-governmental organisations<br />

to assist with the work of any of the organs of the <strong>Court</strong>. Gratis personnel<br />

are to be employed only ‘in exceptional circumstances’. 24<br />

Ethical matters<br />

Judges, Prosecutor, Deputy Prosecutors, Registrar and Deputy Registrar are<br />

all required to make a solemn undertaking in open court to exercise their<br />

functions impartially and conscientiously. 25 <strong>An</strong>y of them may be removed<br />

from office on grounds of serious misconduct, a serious breach of duties,<br />

or inability to exercise the functions required by the Statute. In the event of<br />

misconduct of a less serious nature, disciplinary measures may be imposed. 26<br />

RemovalistheresultofadecisiontakenbytheAssemblyofStatesParties. 27<br />

Removal of a judge first requires a recommendation to this effect by a twothirds<br />

majority of the other judges. <strong>The</strong>n, a two-thirds majority of the States<br />

parties must agree. <strong>The</strong> Prosecutor is more vulnerable, and can be removed<br />

by a majority of the States parties. <strong>The</strong> Deputy Prosecutor’s removal must<br />

be recommended by the Prosecutor and then authorised by a majority of<br />

the States parties. <strong>The</strong> Registrar and Deputy Registrar may be removed by a<br />

majority of the judges. 28<br />

Salaries of the Judges, the Prosecutor and Deputy Prosecutors, and the<br />

Registrar and Deputy Registrar, are set by the Assembly of States Parties and<br />

may not be reduced during their terms of office. 29<br />

Defence bar<br />

<strong>The</strong> Statute and the Rules of Procedure and Evidence establish norms that<br />

apply to defence counsel, including a Code of Professional Conduct <strong>for</strong><br />

24 Ibid., Art. 44(4). 25 Ibid., Art. 45. 26 Ibid., Art. 47. 27 Ibid., Art. 46.<br />

28 On removal and related matters, see Rules of Procedure and Evidence, Rules 23–39.<br />

29 Rome Statute, Art. 49.

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