Section 25p. 25

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

end

of

their

respective

terms

of

office

as

judges,

whichever

expires

earlier.

They

shall

be

eligible

for

re-election once.

2. The First Vice-President shall act in place of the

President in the event that the President is unavailable or

disqualified. The Second Vice-President shall act in place

of the President in the event that both the President and

the First Vice-President are unavailable or disqualified.

3. The President, together with the First and Second

Vice-Presidents, shall constitute the Presidency, which

shall be responsible for:

(a) The proper administration of the Court, with the

exception of the Office of the Prosecutor; and

(b) The other functions conferred upon it in accordance

with this Statute.

4. In discharging its responsibility under paragraph 3 (a),

the

Presidency

shall

coordinate

with

and

seek

the

concurrence of the Prosecutor on all matters of mutual

concern.

ARTICLE 39

Chambers

1. As soon as possible after the election of the judges, the

Court shall organize itself into the divisions specified in

article 34, paragraph (b). The Appeals Division shall be

composed of the President and four other judges, the

Trial Division of not less than six judges and the Pre-Trial

Division of not less than six judges. The assignment of

judges to divisions shall be based on the nature of the

functions to be performed by each division and the

qualifications and experience of the judges elected to the

Court, in such a way that each division shall contain an

appropriate combination of expertise in criminal law and

procedure and in international law. The Trial and Pre-Trial

Divisions shall be composed predominantly of judges

with criminal trial experience.

2. (a) The judicial functions of the Court shall be carried

out in each division by Chambers.

(b) (i) The Appeals Chamber shall be composed of all the

judges of the Appeals Division;

(ii) The functions of the Trial Chamber shall be carried out

by three judges of the Trial Division;

(iii) The functions of the Pre-Trial Chamber shall be carried

out either by three judges of the Pre-Trial Division or by a

single judge of that division in accordance with this

Statute and the Rules of Procedure and Evidence;

(c)

Nothing

in

this

paragraph

shall

preclude

the

simultaneous

constitution

of

more

than

one

Trial

Chamber

or

Pre-Trial

Chamber

when

the

efficient

management of the Court's workload so requires.

3. (a) Judges assigned to the Trial and Pre-Trial Divisions

shall serve in those divisions for a period of three years,

and thereafter until the completion of any case the

hearing of which has already commenced in the division

concerned.

(b) Judges assigned to the Appeals Division shall serve in

that division for their entire term of office.

4. Judges assigned to the Appeals Division shall serve

only in that division. Nothing in this article shall, however,

preclude the temporary attachment of judges from the

Trial Division to the Pre-Trial Division or vice versa, if the

Presidency considers that the efficient management of

the Court's workload so requires, provided that under no

circumstances shall a judge who has participated in the

pre-trial phase of a case be eligible to sit on the Trial

Chamber hearing that case.

ARTICLE 40

Independence of the judges

1. The judges shall be independent in the performance of

their functions.

2. Judges shall not engage in any activity which is likely to

interfere

with

their

judicial

functions

or

to

affect

confidence in their independence.

3. Judges required to serve on a full-time basis at the seat

of the Court shall not engage in any other occupation of a

professional nature.

4. Any question regarding the application of paragraphs 2

and 3 shall be decided by an absolute majority of the

judges. Where any such question concerns an individual

judge, that judge shall not take part in the decision.

ARTICLE 41

Excusing and disqualification of judges

1. The Presidency may, at the request of a judge, excuse

that judge from the exercise of a function under this

Statute, in accordance with the Rules of Procedure and

Evidence.

2. (a) A judge shall not participate in any case in which his

or her impartiality might reasonably be doubted on any

ground. A judge shall be disqualified from a case in

accordance with this paragraph if, inter alia, that judge

has previously been involved in any capacity in that case

before the Court or in a related criminal case at the

national level involving the person being investigated or

prosecuted. A judge shall also be disqualified on such

other grounds as may be provided for in the Rules of

Procedure and Evidence.

(b) The Prosecutor or the person being investigated or

prosecuted may request the disqualification of a judge

under this paragraph.

(c) Any question as to the disqualification of a judge shall

be decided by an absolute majority of the judges. The

challenged judge shall be entitled to present his or her

comments on the matter, but shall not take part in the

decision.

ARTICLE 42

The Office of the Prosecutor

1. The Office of the Prosecutor shall act independently as

a separate organ of the Court. It shall be responsible for

receiving referrals and any substantiated information on

crimes within the jurisdiction of the Court, for examining

them and for conducting investigations and prosecutions

before the Court. A member of the Office shall not seek or

act on instructions from any external source.

2. The Office shall be headed by the Prosecutor. The

Prosecutor shall have full authority over the management

and administration of the Office, including the staff,

facilities and other resources thereof. The Prosecutor shall

be assisted by one or more Deputy Prosecutors, who shall

be entitled to carry out any of the acts required of the

Prosecutor under this Statute. The Prosecutor and the

Deputy Prosecutors shall be of different nationalities.

They shall serve on a full-time basis.

3. The Prosecutor and the Deputy Prosecutors shall be

persons of high moral character, be highly competent in

and

have

extensive

practical

experience

in

the

prosecution or trial of criminal cases. They shall have an

excellent knowledge of and be fluent in at least one of the

working languages of the Court.

4. The Prosecutor shall be elected by secret ballot by an

absolute majority of the members of the Assembly of

States Parties. The Deputy Prosecutors shall be elected in

the same way from a list of candidates provided by the

Prosecutor.

The

Prosecutor

shall

nominate

three

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