Section 26p. 26

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

candidates for each position of Deputy Prosecutor to be

filled. Unless a shorter term is decided upon at the time

of

their

election,

the

Prosecutor

and

the

Deputy

Prosecutors shall hold office for a term of nine years and

shall not be eligible for re-election.

5. Neither the Prosecutor nor a Deputy Prosecutor shall

engage in any activity which is likely to interfere with his

or her prosecutorial functions or to affect confidence in

his or her independence. They shall not engage in any

other occupation of a professional nature.

6. The Presidency may excuse the Prosecutor or a Deputy

Prosecutor, at his or her request, from acting in a

particular case.

7. Neither the Prosecutor nor a Deputy Prosecutor shall

participate in any matter in which their impartiality might

reasonably be doubted on any ground. They shall be

disqualified

from

a

case

in

accordance

with

this

paragraph if, inter alia, they have 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.

8.

Any

question

as

to

the

disqualification

of

the

Prosecutor or a Deputy Prosecutor shall be decided by

the Appeals Chamber.

(a) The person being investigated or prosecuted may at

any time request the disqualification of the Prosecutor or

a Deputy Prosecutor on the grounds set out in this article;

(b)

The

Prosecutor

or

the

Deputy

Prosecutor,

as

appropriate,

shall

be

entitled to present his or her

comments on the matter;

9.

The

Prosecutor

shall

appoint

advisers

with

legal

expertise on specific issues, including, but not limited to,

sexual and gender violence and violence against children.

ARTICLE 43

The Registry

1. The Registry shall be responsible for the non-judicial

aspects of the administration and servicing of the Court,

without prejudice to the functions and powers of the

Prosecutor in accordance with article 42.

2. The Registry shall be headed by the Registrar, who shall

be the principal administrative officer of the Court. The

Registrar shall exercise his or her functions under the

authority of the President of the Court.

3. The Registrar and the Deputy Registrar shall be persons

of high moral character, be highly competent and have

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

the working languages of the Court.

4. The judges shall elect the Registrar by an absolute

majority

by

secret

ballot,

taking

into

account

any

recommendation by the Assembly of States Parties. If the

need

arises

and

upon

the

recommendation

of the

Registrar, the judges shall elect, in the same manner, a

Deputy Registrar.

5. The Registrar shall hold office for a term of five years,

shall be eligible for re-election once and shall serve on a

full-time basis. The Deputy Registrar shall hold office for a

term of five years or such shorter term as may be decided

upon by an absolute majority of the judges, and may be

elected on the basis that the Deputy Registrar shall be

called upon to serve as required.

6. The Registrar shall set up a Victims and Witnesses Unit

within the Registry. This Unit shall provide, in consultation

with the Office of the Prosecutor, protective measures

and

security

arrangements,

counselling

and

other

appropriate assistance for witnesses, victims who appear

before the Court, and others who are at risk on account of

testimony given by such witnesses. The Unit shall include

staff with expertise in trauma, including trauma related to

crimes of sexual violence.

ARTICLE 44

Staff

1. The Prosecutor and the Registrar shall appoint such

qualified staff as may be required to their respective

offices. In the case of the Prosecutor, this shall include the

appointment of investigators.

2. In the employment of staff, the Prosecutor and the

Registrar shall ensure the highest standards of efficiency,

competency and integrity, and shall have regard, mutatis

mutandis, to the criteria set forth in article 36, paragraph

8.

3. The Registrar, with the agreement of the Presidency

and the Prosecutor, shall propose Staff Regulations which

include the terms and conditions upon which the staff of

the

Court

shall

be

appointed,

remunerated

and

dismissed. The Staff Regulations shall be approved by the

Assembly of States Parties.

4. The Court may, in exceptional circumstances, employ

the expertise of gratis personnel offered by States Parties,

intergovernmental organizations or non-governmental

organizations to assist with the work of any of the organs

of the Court. The Prosecutor may accept any such offer on

behalf

of

the

Office

of the Prosecutor. Such gratis

personnel

shall

be

employed

in

accordance

with

guidelines to be established by the Assembly of States

Parties.

ARTICLE 45

Solemn undertaking

Before

taking

up

their respective duties under this

Statute,

the

judges,

the

Prosecutor,

the

Deputy

Prosecutors, the Registrar and the Deputy Registrar shall

each make a solemn undertaking in open court to

exercise his or her respective functions impartially and

conscientiously.

ARTICLE 46

Removal from office

1. A judge, the Prosecutor, a Deputy Prosecutor, the

Registrar or the Deputy Registrar shall be removed from

office if a decision to this effect is made in accordance

with paragraph 2, in cases where that person:

(a) Is found to have committed serious misconduct or a

serious breach of his or her duties under this Statute, as

provided for in the Rules of Procedure and Evidence; or

(b) Is unable to exercise the functions required by this

Statute.

2. A decision as to the removal from office of a judge, the

Prosecutor or a Deputy Prosecutor under paragraph 1

shall be made by the Assembly of States Parties, by secret

ballot:

(a) In the case of a judge, by a two-thirds majority of the

States Parties upon a recommendation adopted by a

two-thirds majority of the other judges;

(b) In the case of the Prosecutor, by an absolute majority

of the States Parties;

(c) In the case of a Deputy Prosecutor, by an absolute

majority of the States Parties upon the recommendation

of the Prosecutor.

3. A decision as to the removal from office of the Registrar

or

Deputy

Registrar

shall be made by an absolute

majority of the judges.

4. A judge, Prosecutor, Deputy Prosecutor, Registrar or

Deputy Registrar whose conduct or ability to exercise the

functions of the office as required by this Statute is

challenged under this article shall have full opportunity to

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