Chapter 2. Composition and administration of the Court

• Author: International Criminal Court
• Pages: 2-17

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Rules of Procedure and Evidence

Chapter 2.

Composition and administration of the Court

Section I. General provisions relating to the composition and

administration of the Court

Rule 41

Plenary sessions

1. The judges shall meet in plenary session after having made their solemn undertaking,

in conformity with rule 5. At that session the judges shall elect the President and

Vice-Presidents.

2. The judges shall meet subsequently in plenary session at least once a year to exercise

their functions under the Statute, the Rules and the Regulations and, if necessary, in

special plenary sessions convened by the President on his or her own motion or at

the request of one half of the judges.

3. The quorum for each plenary session shall be two-thirds of the judges.

4. Unless otherwise provided in the Statute or the Rules, the decisions of the plenary

sessions shall be taken by the majority of the judges present. In the event of an equality

of votes, the President, or the judge acting in the place of the President, shall have

a casting vote.

5. The Regulations shall be adopted as soon as possible in plenary sessions.

Rule 4 bis2

The Presidency

1. Pursuant to article 38, paragraph 3, the Presidency is established upon election by the

plenary session of the judges.

2. As soon as possible following its establishment, the Presidency shall, after consultation

with the judges, decide on the assignment of judges to divisions in accordance with

article 39, paragraph 1.

1 As amended by r esolution ICC-ASP/10/Res.1.

2 As amended by r esolution ICC-ASP/10/Res.1.

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Rules of Procedure and Evidence

Rule 5

Solemn undertaking under article 45

1. As provided in article 45, before exercising their functions under the Statute, the following

solemn undertakings shall be made:

(a) In the case of a judge:

“I solemnly undertake that I will perform my duties and exercise my powers as a

judge of the International Criminal Court honourably, faithfully, impartially and

conscientiously, and that I will respect the conf‌identiality of investigations and

prosecutions and the secrecy of deliberations.”;

(b) In the case of the Prosecutor, a Deputy Prosecutor, the Registrar and the Deputy

Registrar of the Court:

“I solemnly undertake that I will perform my duties and exercise my powers as

(title) of the International Criminal Court honourably, faithfully, impartially and

conscientiously, and that I will respect the conf‌identiality of investigations and

prosecutions.”

2. The undertaking, signed by the person making it and witnessed by the President or a

Vice-President of the Bureau of the Assembly of States Parties, shall be f‌iled with the

Registry and kept in the records of the Court.

Rule 6

Solemn undertaking by the staff of the Off‌ice of the Prosecutor, the Registry,

interpreters and translators

1. Upon commencing employment, every staff member of the Off‌ice of the Prosecutor and

the Registry shall make the following undertaking:

“I solemnly undertake that I will perform my duties and exercise my powers as

(title) of the International Criminal Court honourably, faithfully, impartially and

conscientiously, and that I will respect the conf‌identiality of investigations and

prosecutions.”;

The undertaking, signed by the person making it and witnessed, as appropriate, by the

Prosecutor, the Deputy Prosecutor, the Registrar or the Deputy Registrar, shall be f‌iled

with the Registry and kept in the records of the Court.

2. Before performing any duties, an interpreter or a translator shall make the following

undertaking:

“I solemnly declare that I will perform my duties faithfully, impartially and with full

respect for the duty of conf‌identiality.”;

The undertaking, signed by the person making it and witnessed by the President of the

Court or his or her representative, shall be f‌iled with the Registry and kept in the records

of the Court.