Chapter 8 Removal from office and disciplinary measures

• Author: International Criminal Court
• Pages: 52-53

52

Regulations of the Court

Chapter 8

Removal from off‌ice and disciplinary measures

Regulation 119

Receipt and administrat ion of complaints

1. All complai nts against a judg e, the Prosecutor, a Deput y Prosecutor, the Regi strar

or the Deputy Reg istrar concer ning conduct def‌ined u nder rules 24 and 25 sha ll be

submitted di rectly to the Presidency, which sha ll notify the person aga inst whom the

complaint has been d irected of that complaint.

2. The Presidency sh all make a ll necessar y arrange ments for admini strative ass istance

when dealing w ith a complaint.

Regulation 120

Procedure under ru le 26, sub-rule 2

1. The Presidency sh all be assisted by three judg es, appointed on the basis of automatic

rotation followi ng the English alphabet of the sur names of all judges not comprising

the Presidency or t he judge being complained against , in order to determine whether

a complaint is anony mous or manifestly un founded.

2. The judges appointed in acco rdance with sub-reg ulation 1 sha ll, where necessar y,

seek additional com ments from either the per son being complaine d against or the

complainant and sh all make a recom mendation to the Presidenc y on whether such

complaint is adm issible or should be set aside in accordance w ith rule 26, sub-rule 2.

The appointed judges sha ll also make a recommendat ion as to whether the complaint

against a judge, t he Registra r or Deputy Regi strar relates to conduct wh ich falls

manifest ly outside the scope of rule 24.

3. The Presidency sh all decide whether to accept any recom mendation described in sub-

regulat ion 2.

4. If a complai nt relates to a member of the Presidenc y, he or she shall not carr y out

any funct ion as a member of the Presidenc y with rega rd to the complaint and hi s

or her function s in that respect sh all be exerci sed by the next avai lable judge having

precedence in accordance w ith regulation 10.

Regulation 121

Decision under rule 26, sub-ru le 2, and transmis sion of complaint to the

competent organ

1. In case the P residency decides that a compla int again st a judge, the Regist rar or

Deputy Regi strar is not anony mous or mani festly unfou nded, it shall t ransmit the

complaint to a plenar y session, unles s the Presidency deter mines that t he conduct

complained of fal ls manife stly outside the scope of r ule 24, in which case the matter

shall be considere d by the Presidency in accordance with a rticle 47, rule 30, sub-rule

1 and regulat ion 122.