Article 51 Rules of Procedure and Evidence
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.
Amendments to the Rules of Procedure and Evidence may be proposed by:
- Any State Party;
- The judges acting by an absolute majority; or
- The Prosecutor
Such amendments shall enter into force upon adoption by a two-thirds majority of the members of the Assembly of States Parties.
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.
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.
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
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.
The Prosecutor and the Registrar shall be consulted in the elaboration of the Regulations and any amendments thereto.
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.
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