Section 27p. 27

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

present and receive evidence and to make submissions in

accordance with the Rules of Procedure and Evidence.

The person in question shall not otherwise participate in

the consideration of the matter.

ARTICLE 47

Disciplinary measures

A judge, Prosecutor, Deputy Prosecutor, Registrar or

Deputy Registrar who has committed misconduct of a

less

serious

nature than that set out in article 46,

paragraph 1, shall be subject to disciplinary measures, in

accordance with the Rules of Procedure and Evidence.

ARTICLE 48

Privileges and immunities

1. The Court shall enjoy in the territory of each State Party

such privileges and immunities as are necessary for the

fulfilment of its purposes.

2. The judges, the Prosecutor, the Deputy Prosecutors and

the Registrar shall, when engaged on or with respect to

the business of the Court, enjoy the same privileges and

immunities

as are accorded to heads of diplomatic

missions and shall, after the expiry of their terms of office,

continue to be accorded immunity from legal process of

every kind in respect of words spoken or written and acts

performed by them in their official capacity.

3. The Deputy Registrar, the staff of the Office of the

Prosecutor and the staff of the Registry shall enjoy the

privileges and immunities and facilities necessary for the

performance of their functions, in accordance with the

agreement on the privileges and immunities of the Court.

4.

Counsel,

experts,

witnesses

or

any

other

person

required to be present at the seat of the Court shall be

accorded such treatment as is necessary for the proper

functioning

of

the

Court,

in

accordance

with

the

agreement on the privileges and immunities of the Court.

5. The privileges and immunities of:

(a) A judge or the Prosecutor may be waived by an

absolute majority of the judges;

(b) The Registrar may be waived by the Presidency;

(c) The Deputy Prosecutors and staff of the Office of the

Prosecutor may be waived by the Prosecutor;

(d) The Deputy Registrar and staff of the Registry may be

waived by the Registrar.

ARTICLE 49

Salaries, allowances and expenses

The judges, the Prosecutor, the Deputy Prosecutors, the

Registrar and the Deputy Registrar shall receive such

salaries, allowances and expenses as may be decided

upon by the Assembly of States Parties. These salaries

and allowances shall not be reduced during their terms of

office.

ARTICLE 50

Official and working languages

1. The official languages of the Court shall be Arabic,

Chinese,

English,

French,

Russian

and

Spanish.

The

judgements of the Court, as well as other decisions

resolving fundamental issues before the Court, shall be

published in the official languages. The Presidency shall,

in accordance with the criteria established by the Rules of

Procedure and Evidence, determine which decisions may

be considered as resolving fundamental issues for the

purposes of this paragraph.

2. The working languages of the Court shall be English

and French. The Rules of Procedure and Evidence shall

determine the cases in which other official languages

may be used as working languages.

3. At the request of any party to a proceeding or a State

allowed to intervene in a proceeding, the Court shall

authorize a language other than English or French to be

used by such a party or State, provided that the Court

considers such authorization to be adequately justified.

ARTICLE 51

Rules of Procedure and Evidence

1. The Rules of Procedure and Evidence shall enter into

force upon adoption by a two-thirds majority of the

members of the Assembly of States Parties.

2. Amendments to the Rules of Procedure and Evidence

may be proposed by:

(a) Any State Party;

(b) The judges acting by an absolute majority; or

(c) The Prosecutor.

Such amendments shall enter into force upon adoption

by a two-thirds majority of the members of the Assembly

of States Parties.

3. After the adoption of the Rules of Procedure and

Evidence, in urgent cases where the Rules do not provide

for a specific situation before the Court, the judges may,

by a two-thirds majority, draw up provisional Rules to be

applied until adopted, amended or rejected at the next

ordinary or special session of the Assembly of States

Parties.

4. The Rules of Procedure and Evidence, amendments

thereto and any provisional Rule shall be consistent with

this Statute. Amendments to the Rules of Procedure and

Evidence as well as provisional Rules shall not be applied

retroactively to the detriment of the person who is being

investigated or prosecuted or who has been convicted.

5. In the event of conflict between the Statute and the

Rules of Procedure and Evidence, the Statute shall prevail.

ARTICLE 52

Regulations of the Court

1. The judges shall, in accordance with this Statute and

the Rules of Procedure and Evidence, adopt, by an

absolute majority, the Regulations of the Court necessary

for its routine functioning.

2. The Prosecutor and the Registrar shall be consulted in

the elaboration of the Regulations and any amendments

thereto.

3. The Regulations and any amendments thereto shall

take effect upon adoption unless otherwise decided by

the judges. Immediately upon adoption, they shall be

circulated to States Parties for comments. If within six

months there are no objections from a majority of States

Parties, they shall remain in force.

PART 5. INVESTIGATION AND PROSECUTION

ARTICLE 53

Initiation of an investigation

1. The Prosecutor shall, having evaluated the information

made available to him or her, initiate an investigation

unless he or she determines that there is no reasonable

basis to proceed under this Statute. In deciding whether

to initiate an investigation, the Prosecutor shall consider

whether:

(a) The information available to the Prosecutor provides a

reasonable basis to believe that a crime within the

jurisdiction of the Court has been or is being committed;

(b) The case is or would be admissible under article 17;

and

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