Thursday, September 21, 2017

Rome Statutes of the ICC: Article 43 - The Registry & Article 44 - Staff

 Article 43 - The Registry




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.

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.

The Registrar and the Deputy Registrar shall be persons of high moral character, be highly competent and have excellent knowledge of and be fluent in at least one of the working languages of the Court.

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.

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, 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. 

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, counseling 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 related to crimes of sexual violence.


Article 44 - Staff

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.

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.

The Registrar, with the agreement of the Presidency and 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.

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.


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