Difference between revisions of "International Criminal Court"

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===The Assembly of State Parties===
 
===The Assembly of State Parties===
  
The Assembly of State Parties, which acts as the court's management and legislative body, is comprised of one representative from each of the 111 state parties that have signed the Rome Statute. The Assembly's responsibilities include electing the judges and prosecutors, approving the court's budget, providing management oversight to the other bodies of the court, and adopting important texts.  Article 46 of The Rome Statute also permits the Assembly to remove a judge or prosecutor from office if they are "found to have committed serious misconduct or a serious breach of his or her duties," or "is unable to exercise the functions required by the Statute."  The Assembly is chaired by the president and two vice presidents-ICC judges elected to the position for their fellow judges for a term of three years.   
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The Assembly of State Parties, which acts as the court's management and legislative body, is comprised of one representative from each of the 111 state parties that have signed the Rome Statute. The Assembly's responsibilities include electing the judges and prosecutors, approving the court's budget, providing management oversight to the other bodies of the court, and adopting important texts.  Article 46 of The Rome Statute also permits the Assembly to remove a judge or prosecutor from office if they are "found to have committed serious misconduct or a serious breach of his or her duties," or "is unable to exercise the functions required by the Statute."  The Assembly is chaired by the President and two Vice Presidents-ICC judges elected to the position for their fellow judges for a term of three years.   
  
 
The Assembly meets in full session once a year in either the Hague or New York, but may also hold special sessions where circumstances require. Non-governmental and observer states are permitted to attend these sessions.  
 
The Assembly meets in full session once a year in either the Hague or New York, but may also hold special sessions where circumstances require. Non-governmental and observer states are permitted to attend these sessions.  
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===The Presidency===
 
===The Presidency===
  
The Presidency is accountable for specific functions assigned to the Presidency in accordance with the Rome Statute, and the general administration of the Court, with the exception of the Office of the Prosecutor. The Presidency is comprised of three judges of the Court who are elected to the Presidency by their fellow judges for a term of three years, with a maximum of two terms served. Currently, the President of the Court is Judge Sang-Hyun Song (Republic of Korea) elected on March 11, 2009 <ref> http://www.icc-cpi.int/Menus/ICC/Structure+of+the+Court/Presidency/The+President/</ref>.  Judge Fatoumata Dembele Diarra (Mali) is First Vice-President <ref> http://www.icc-cpi.int/Menus/ICC/Structure+of+the+Court/Presidency/The+First+Vice+President/ </ref>, and Judge Hans-Peter Kaul (Germany) is Second Vice-President. <ref>http://www.icc-cpi.int/Menus/ICC/Structure+of+the+Court/Presidency/The+Second+vice+President/ </ref>.
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The Presidency is accountable for specific functions assigned to the Presidency in accordance with the Rome Statute, and the general administration of the Court, with the exception of the Office of the Prosecutor. The Presidency is comprised of three judges of the Court who are elected to the Presidency by their fellow judges for three year terms, with a maximum of two terms served. Currently, the President of the Court is Judge Sang-Hyun Song (Republic of Korea) elected on March 11, 2009 <ref> http://www.icc-cpi.int/Menus/ICC/Structure+of+the+Court/Presidency/The+President/</ref>.  Judge Fatoumata Dembele Diarra (Mali) is First Vice-President <ref> http://www.icc-cpi.int/Menus/ICC/Structure+of+the+Court/Presidency/The+First+Vice+President/ </ref>, and Judge Hans-Peter Kaul (Germany) is Second Vice-President. <ref>http://www.icc-cpi.int/Menus/ICC/Structure+of+the+Court/Presidency/The+Second+vice+President/ </ref>.
  
 
===Judicial Division===
 
===Judicial Division===
  
The Judicial Division is comprised of the 18 judges of the court, organized into three divisions: The Pre-Trial Division, Trial Division, and the Appeals Division <ref> http://www.icc-cpi.int/Menus/ICC/Structure+of+the+Court/Chambers/Chambers.htm </ref> . The judges appointed to each division are responsible for the conducting the proceedings of the Court at the different stages. Assignment of the judges to each division is made on the basis of the functions each Division performs and the experience and qualifications of each judge, with an eye toward ensuring that each division maintains a proper combination of expertise in international, procedural, and criminal law.  
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The Judicial Division is comprised of the 18 judges of the court, organized into three divisions: The Pre-Trial Division, Trial Division, and the Appeals Division <ref> http://www.icc-cpi.int/Menus/ICC/Structure+of+the+Court/Chambers/Chambers.htm </ref> . The judges appointed to each division are responsible for conducting the proceedings of the Court at the different stages. Assignment of the judges to each division is made on the basis of the functions each Division performs and the experience and qualifications of each judge, with an eye toward ensuring that each division maintains a proper combination of expertise in international, procedural, and criminal law.  
  
The 18 judges are elected to the ICC by the Assembly of State Parties to serve 9 year teams, with out eligibility for re-election. All judges must be nationals of states signed to the Rome Statute, and no two judges maybe be nationals of the same state. According to the stipulations of the Rome Statute, the judges must be "persons of high moral character, impartiality and integrity who possess the qualifications required in their respective States for appointment to the highest judicial offices."  
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The 18 judges are elected to the ICC by the Assembly of State Parties to serve nine year teams without eligibility for re-election. All judges must be nationals of states signed to the Rome Statute, and no two judges maybe be nationals of the same state. According to the stipulations of the Rome Statute, the judges must be "persons of high moral character, impartiality and integrity who possess the qualifications required in their respective States for appointment to the highest judicial offices."  
  
The Prosecutor or any person being investigated or prosecuted by the ICC may request the banning of a judge from "any case in which his or her impartiality might reasonably be doubted on any ground." Such a banning from a case of any judge is decided upon by an absolute majority of the other judges. Judges may also be permanently removed from office for serious misconduct, by a two-thirds majority vote of the other judges and a two-thirds majority vote of the members of the Assembly of State Parties.  
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The Prosecutor or any person being investigated or prosecuted by the ICC may request banning a judge from "any case in which his or her impartiality might reasonably be doubted on any ground." A judge can only be banned if the other judges unanimously vote to ban him/her. Judges may also be permanently removed from office for serious misconduct, by a two-thirds majority vote of the other judges and a two-thirds majority vote of the members of the Assembly of State Parties.  
  
 
The current judges of the court are:
 
The current judges of the court are:
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The Office of the Prosecutor is responsible for receiving referrals for crimes committed within the jurisdiction of the ICC, as well as for investigations and prosecutions. The office is headed by the Prosecutor, who is assisted by two deputy prosecutors.  The Prosecutor is elected by the Assembly of State Parties for a term of nine years. The current Prosecutor, elected on April 21, 2003 is Luis Moreno Ocampo of Argentina.  He is assisted by Deputy Prosecutor Mrs. Fatou Bensouda who is in charge of the Prosecution Division of the Office of the Prosecutor <ref> http://www.icc-cpi.int/Menus/ICC/Structure+of+the+Court/Office+of+the+Prosecutor/ </ref>.  
 
The Office of the Prosecutor is responsible for receiving referrals for crimes committed within the jurisdiction of the ICC, as well as for investigations and prosecutions. The office is headed by the Prosecutor, who is assisted by two deputy prosecutors.  The Prosecutor is elected by the Assembly of State Parties for a term of nine years. The current Prosecutor, elected on April 21, 2003 is Luis Moreno Ocampo of Argentina.  He is assisted by Deputy Prosecutor Mrs. Fatou Bensouda who is in charge of the Prosecution Division of the Office of the Prosecutor <ref> http://www.icc-cpi.int/Menus/ICC/Structure+of+the+Court/Office+of+the+Prosecutor/ </ref>.  
  
As dictated by the Rome Statute, the Office of the Prosecutor must operate independently. The Office of the Prosecutor thus cannot seek advice from or act on instruction from external sources, such as states, non-governmental organizations, international organizations, or individuals.  
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As dictated by the Rome Statute, the Office of the Prosecutor must operate independently. The Office of the Prosecutor thus cannot seek advice from or act on instructions from external sources such as states, non-governmental organizations, international organizations, or individuals.  
  
 
The Prosecutor may open an investigation under three circumstances:
 
The Prosecutor may open an investigation under three circumstances:
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* When the Pre-Trial Chamber sanctions him to open an investigation on the basis of information received from other sources, such as NGOs or individuals.  
 
* When the Pre-Trial Chamber sanctions him to open an investigation on the basis of information received from other sources, such as NGOs or individuals.  
  
Any person being investigated or prosecuted by the ICC may request the disqualification of a prosecutor from any case in which their impartiality is believed to be doubted. Requests for such a disqualification are ruled upon by the Appeals Division. The Assembly of State Parties also has the right to permanently remove a prosecutor from office for serious misconduct.
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Any person being investigated or prosecuted by the ICC may request the disqualification of a prosecutor if he/she doubts the prosecutor's impartiality. Requests for such a disqualification are ruled upon by the Appeals Division. The Assembly of State Parties also has the right to permanently remove a prosecutor from office for serious misconduct.
  
 
===The Registry===
 
===The Registry===

Revision as of 10:48, 2 August 2010