Rome Statutes of the ICC: Part 4 - Articles 37, 40 and 41: Judicial based Articles

Article 37 Judicial Vacancies

In the event of a vacancy, an election shall be held in accordance with article 36 to fill the vacancy.

A judge elected to fill a vacancy shall serve for the remainder of the predecessor's term and, if that period is three years or less, shall be eligible for re-election for a full term under article 36.

Article 40 Independence of the Judges

The judges shall be independent in the performance of their functions.  

Judges shall not engage in any activity which is likely to interfere with their judicial functions or to affect confidence in their independence.   

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.

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 that decision.     

Article 41 Excusing and disqualifying of judges

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.  

(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.

The Prosecutor or the person being investigated or prosecuted may request the disqualification of a judge under this paragraph.

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.