international criminal court (1) rome statute
TRANSCRIPT
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Rome Statute of the International Criminal Court
http://www.un.org/law/icc/statute/romefra.htm
(U.N. Doc. A/CONF.18/!"#
$as correcte% &' the procs)*er&au+ of 1, No*em&er 1!!8 an% 1- ul' 1!!!
0ntire tatute (-213#
4ream&le
4art 1 0sta&lishment of the Court
4art - uris%iction5 A%missi&ilit' an% Applica&le 6aw
4art 7eneral 4rinciples of Criminal 6aw
4art Composition an% A%ministration of the Court
4art 9 n*estigation an% 4rosecution
4art 2 ;he ;rial
4art < 4enalties
4art 8 Appeal an% =e*ision
4art ! nternational Cooperation an% u%icial Assistance
4art 1, 0nforcement
4art 11 Assem&l' of tates 4arties
4art 1- Financing
4art 1 Final Clauses
4=0A>?60
;he tates 4arties to this tatute5
Conscious that all peoples are unite% &' common &on%s5 their cultures piece% together ina share% heritage5 an% concerne% that this %elicate mosaic ma' &e shattere% at an' time5
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>in%ful that %uring this centur' millions of chil%ren5 women an% men ha*e &een *ictims
of unimagina&le atrocities that %eepl' shoc@ the conscience of humanit'5
=ecogniing that such gra*e crimes threaten the peace5 securit' an% well)&eing of theworl%5
Affirming that the most serious crimes of concern to the international communit' as a
whole must not go unpunishe% an% that their effecti*e prosecution must &e ensure% &'
ta@ing measures at the national le*el an% &' enhancing international cooperation5
Determine% to put an en% to impunit' for the perpetrators of these crimes an% thus tocontri&ute to the pre*ention of such crimes5
=ecalling that it is the %ut' of e*er' tate to e+ercise its criminal Buris%iction o*er those
responsi&le for international crimes5
=eaffirming the 4urposes an% 4rinciples of the Charter of the Unite% Nations5 an% inparticular that all tates shall refrain from the threat or use of force against the territorial
integrit' or political in%epen%ence of an' tate5 or in an' other manner inconsistent with
the 4urposes of the Unite% Nations5
0mphasiing in this connection that nothing in this tatute shall &e ta@en as authoriingan' tate 4art' to inter*ene in an arme% conflict or in the internal affairs of an' tate5
Determine% to these en%s an% for the sa@e of present an% future generations5 to esta&lish
an in%epen%ent permanent nternational Criminal Court in relationship with the Unite%
Nations s'stem5 with Buris%iction o*er the most serious crimes of concern to the
international communit' as a whole5
0mphasiing that the nternational Criminal Court esta&lishe% un%er this tatute shall &e
complementar' to national criminal Buris%ictions5
=esol*e% to guarantee lasting respect for an% the enforcement of international Bustice5
a*e agree% as follows
PART 1. ESTABLISHMENT OF THE COURT
Article 1
;he Court
An nternational Criminal Court (the Court# is here&' esta&lishe%. t shall &e a
permanent institution an% shall ha*e the power to e+ercise its Buris%iction o*er persons
for the most serious crimes of international concern5 as referre% to in this tatute5 an%
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shall &e complementar' to national criminal Buris%ictions. ;he Buris%iction an%
functioning of the Court shall &e go*erne% &' the pro*isions of this tatute.
Article -
=elationship of the Court with the Unite% Nations
;he Court shall &e &rought into relationship with the Unite% Nations through an
agreement to &e appro*e% &' the Assem&l' of tates 4arties to this tatute an% thereafter
conclu%e% &' the 4resi%ent of the Court on its &ehalf.
Article
eat of the Court
1. ;he seat of the Court shall &e esta&lishe% at ;he ague in the Netherlan%s (the host
tate#.
-. ;he Court shall enter into a hea%Euarters agreement with the host tate5 to &e appro*e%
&' the Assem&l' of tates 4arties an% thereafter conclu%e% &' the 4resi%ent of the Courton its &ehalf.
. ;he Court ma' sit elsewhere5 whene*er it consi%ers it %esira&le5 as pro*i%e% in this
tatute.
Article
6egal status an% powers of the Court
1. ;he Court shall ha*e international legal personalit'. t shall also ha*e such legalcapacit' as ma' &e necessar' for the e+ercise of its functions an% the fulfilment of its
purposes.
-. ;he Court ma' e+ercise its functions an% powers5 as pro*i%e% in this tatute5 on the
territor' of an' tate 4art' an%5 &' special agreement5 on the territor' of an' other tate.
PART . !URIS"ICTION# A"MISSIBILIT$ AN" APPLICABLE LA%
Article 9
Crimes within the Buris%iction of the Court
1. ;he Buris%iction of the Court shall &e limite% to the most serious crimes of concern to
the international communit' as a whole. ;he Court has Buris%iction in accor%ance with
this tatute with respect to the following crimes:
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(a# ;he crime of genoci%e
( Crimes against humanit'
(c# Gar crimes
(%# ;he crime of aggression.
-. ;he Court shall e+ercise Buris%iction o*er the crime of aggression once a pro*ision isa%opte% in accor%ance with articles 1-1 an% 1- %efining the crime an% setting out the
con%itions un%er which the Court shall e+ercise Buris%iction with respect to this crime.
uch a pro*ision shall &e consistent with the rele*ant pro*isions of the Charter of theUnite% Nations.
Article 2
7enoci%e
For the purpose of this tatute5 genoci%e means an' of the following acts committe%
with intent to %estro'5 in whole or in part5 a national5 ethnical5 racial or religious group5 assuch:
(a# 3illing mem&ers of the group
( Causing serious &o%il' or mental harm to mem&ers of the group
(c# Deli&eratel' inflicting on the group con%itions of life calculate% to &ring a&out its
ph'sical %estruction in whole or in part
(%# mposing measures inten%e% to pre*ent &irths within the group
(e# Forci&l' transferring chil%ren of the group to another group.
Article ental element
1. Unless otherwise pro*i%e%5 a person shall &e criminall' responsi&le an% lia&le for
punishment for a crime within the Buris%iction of the Court onl' if the material elementsare committe% with intent an% @nowle%ge.
-. For the purposes of this article5 a person has intent where:
(a# n relation to con%uct5 that person means to engage in the con%uct
( n relation to a conseEuence5 that person means to cause that conseEuence or is aware
that it will occur in the or%inar' course of e*ents.
. For the purposes of this article5 @nowle%ge means awareness that a circumstance
e+ists or a conseEuence will occur in the or%inar' course of e*ents. 3now an%@nowingl' shall &e construe% accor%ingl'.
Article 1
7roun%s for e+clu%ing criminal responsi&ilit'
1. n a%%ition to other groun%s for e+clu%ing criminal responsi&ilit' pro*i%e% for in this
tatute5 a person shall not &e criminall' responsi&le if5 at the time of that personHs
con%uct:
(a# ;he person suffers from a mental %isease or %efect that %estro's that personHs capacit'to appreciate the unlawfulness or nature of his or her con%uct5 or capacit' to control his
or her con%uct to conform to the reEuirements of law
( ;he person is in a state of into+ication that %estro's that personHs capacit' to
appreciate the unlawfulness or nature of his or her con%uct5 or capacit' to control his orher con%uct to conform to the reEuirements of law5 unless the person has &ecome
*oluntaril' into+icate% un%er such circumstances that the person @new5 or %isregar%e% the
ris@5 that5 as a result of the into+ication5 he or she was li@el' to engage in con%uctconstituting a crime within the Buris%iction of the Court
(c# ;he person acts reasona&l' to %efen% himself or herself or another person or5 in thecase of war crimes5 propert' which is essential for the sur*i*al of the person or another
person or propert' which is essential for accomplishing a militar' mission5 against animminent an% unlawful use of force in a manner proportionate to the %egree of %anger to
the person or the other person or propert' protecte%. ;he fact that the person was
in*ol*e% in a %efensi*e operation con%ucte% &' forces shall not in itself constitute agroun% for e+clu%ing criminal responsi&ilit' un%er this su¶graph
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(%# ;he con%uct which is allege% to constitute a crime within the Buris%iction of the Court
has &een cause% &' %uress resulting from a threat of imminent %eath or of continuing or
imminent serious &o%il' harm against that person or another person5 an% the person actsnecessaril' an% reasona&l' to a*oi% this threat5 pro*i%e% that the person %oes not inten%
to cause a greater harm than the one sought to &e a*oi%e%. uch a threat ma' either &e:
(i# >a%e &' other persons or
(ii# Constitute% &' other circumstances &e'on% that personHs control.
-. ;he Court shall %etermine the applica&ilit' of the groun%s for e+clu%ing criminalresponsi&ilit' pro*i%e% for in this tatute to the case &efore it.
. At trial5 the Court ma' consi%er a groun% for e+clu%ing criminal responsi&ilit' other
than those referre% to in paragraph 1 where such a groun% is %eri*e% from applica&le law
as set forth in article -1. ;he proce%ures relating to the consi%eration of such a groun%
shall &e pro*i%e% for in the =ules of 4roce%ure an% 0*i%ence.
Article -
>ista@e of fact or mista@e of law
1. A mista@e of fact shall &e a groun% for e+clu%ing criminal responsi&ilit' onl' if it
negates the mental element reEuire% &' the crime.
-. A mista@e of law as to whether a particular t'pe of con%uct is a crime within the
Buris%iction of the Court shall not &e a groun% for e+clu%ing criminal responsi&ilit'. A
mista@e of law ma'5 howe*er5 &e a groun% for e+clu%ing criminal responsi&ilit' if itnegates the mental element reEuire% &' such a crime5 or as pro*i%e% for in article .
Article
uperior or%ers an% prescription of law
1. ;he fact that a crime within the Buris%iction of the Court has &een committe% &' a
person pursuant to an or%er of a 7o*ernment or of a superior5 whether militar' orci*ilian5 shall not relie*e that person of criminal responsi&ilit' unless:
(a# ;he person was un%er a legal o&ligation to o&e' or%ers of the 7o*ernment or thesuperior in Euestion
( ;he person %i% not @now that the or%er was unlawful an%
(c# ;he or%er was not manifestl' unlawful.
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-. For the purposes of this article5 or%ers to commit genoci%e or crimes against humanit'
are manifestl' unlawful.
PART (. COMPOSITION AN" A"MINISTRATION OF THE COURT
Article
Organs of the Court
;he Court shall &e compose% of the following organs:
(a# ;he 4resi%enc'
( An Appeals Di*ision5 a ;rial Di*ision an% a 4re);rial Di*ision
(c# ;he Office of the 4rosecutor
(%# ;he =egistr'.
Article 9
er*ice of Bu%ges
1. All Bu%ges shall &e electe% as full)time mem&ers of the Court an% shall &e a*aila&le toser*e on that &asis from the commencement of their terms of office.
-. ;he Bu%ges composing the 4resi%enc' shall ser*e on a full)time &asis as soon as the'
are electe%.
. ;he 4resi%enc' ma'5 on the &asis of the wor@loa% of the Court an% in consultation withits mem&ers5 %eci%e from time to time to what e+tent the remaining Bu%ges shall &e
reEuire% to ser*e on a full)time &asis. An' such arrangement shall &e without preBu%ice to
the pro*isions of article ,.
. ;he financial arrangements for Bu%ges not reEuire% to ser*e on a full)time &asis shall &ema%e in accor%ance with article !.
Article 2
Jualifications5 nomination an% election of Bu%ges
1. u&Bect to the pro*isions of paragraph -5 there shall &e 18 Bu%ges of the Court.
-. (a# ;he 4resi%enc'5 acting on &ehalf of the Court5 ma' propose an increase in the
num&er of Bu%ges specifie% in paragraph 15 in%icating the reasons wh' this is consi%ere%
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necessar' an% appropriate. ;he =egistrar shall promptl' circulate an' such proposal to all
tates 4arties.
( An' such proposal shall then &e consi%ere% at a meeting of the Assem&l' of tates4arties to &e con*ene% in accor%ance with article 11-. ;he proposal shall &e consi%ere%
a%opte% if appro*e% at the meeting &' a *ote of two thir%s of the mem&ers of theAssem&l' of tates 4arties an% shall enter into force at such time as %eci%e% &' the
Assem&l' of tates 4arties.
(c# (i# Once a proposal for an increase in the num&er of Bu%ges has &een a%opte% un%er
su¶graph ( the election of the a%%itional Bu%ges shall ta@e place at the ne+t session
of the Assem&l' of tates 4arties in accor%ance with paragraphs to 85 an% article
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(ii# ?' the proce%ure pro*i%e% for the nomination of can%i%ates for the nternational
Court of ustice in the tatute of that Court.
Nominations shall &e accompanie% &' a statement in the necessar' %etail specif'ing howthe can%i%ate fulfils the reEuirements of paragraph .
( 0ach tate 4art' ma' put forwar% one can%i%ate for an' gi*en election who nee% not
necessaril' &e a national of that tate 4art' &ut shall in an' case &e a national of a tate
4art'.
(c# ;he Assem&l' of tates 4arties ma' %eci%e to esta&lish5 if appropriate5 an A%*isor'Committee on nominations. n that e*ent5 the CommitteeHs composition an% man%ate
shall &e esta&lishe% &' the Assem&l' of tates 4arties.
9. For the purposes of the election5 there shall &e two lists of can%i%ates:
6ist A containing the names of can%i%ates with the Eualifications specifie% in paragraph ( (i# an% 6ist ? containing the names of can%i%ates with the Eualifications specifie% in
paragraph ( (ii#.
A can%i%ate with sufficient Eualifications for &oth lists ma' choose on which list to
appear. At the first election to the Court5 at least nine Bu%ges shall &e electe% from list Aan% at least fi*e Bu%ges from list ?. u&seEuent elections shall &e so organie% as to
maintain the eEui*alent proportion on the Court of Bu%ges Eualifie% on the two lists.
2. (a# ;he Bu%ges shall &e electe% &' secret &allot at a meeting of the Assem&l' of tates
4arties con*ene% for that purpose un%er article 11-. u&Bect to paragraph
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(iii# A fair representation of female an% male Bu%ges.
( tates 4arties shall also ta@e into account the nee% to inclu%e Bu%ges with legal
e+pertise on specific issues5 inclu%ing5 &ut not limite% to5 *iolence against women orchil%ren.
!. (a# u&Bect to su¶graph ( Bu%ges shall hol% office for a term of nine 'ears an%5
su&Bect to su¶graph (c# an% to article
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. ;he 4resi%ent5 together with the First an% econ% Iice)4resi%ents5 shall constitute the
4resi%enc'5 which shall &e responsi&le for:
(a# ;he proper a%ministration of the Court5 with the e+ception of the Office of the4rosecutor an%
( ;he other functions conferre% upon it in accor%ance with this tatute.
. n %ischarging its responsi&ilit' un%er paragraph (a#5 the 4resi%enc' shall coor%inate
with an% see@ the concurrence of the 4rosecutor on all matters of mutual concern.
Article !
Cham&ers
1. As soon as possi&le after the election of the Bu%ges5 the Court shall organie itself into
the %i*isions specifie% in article 5 paragraph (. ;he Appeals Di*ision shall &ecompose% of the 4resi%ent an% four other Bu%ges5 the ;rial Di*ision of not less than si+
Bu%ges an% the 4re);rial Di*ision of not less than si+ Bu%ges. ;he assignment of Bu%ges to%i*isions shall &e &ase% on the nature of the functions to &e performe% &' each %i*ision
an% the Eualifications an% e+perience of the Bu%ges electe% to the Court5 in such a wa'
that each %i*ision shall contain an appropriate com&ination of e+pertise in criminal lawan% proce%ure an% in international law. ;he ;rial an% 4re);rial Di*isions shall &e
compose% pre%ominantl' of Bu%ges with criminal trial e+perience.
-. (a# ;he Bu%icial functions of the Court shall &e carrie% out in each %i*ision &'
Cham&ers.
( (i# ;he Appeals Cham&er shall &e compose% of all the Bu%ges of the Appeals Di*ision
(ii# ;he functions of the ;rial Cham&er shall &e carrie% out &' three Bu%ges of the ;rial
Di*ision
(iii# ;he functions of the 4re);rial Cham&er shall &e carrie% out either &' three Bu%ges of
the 4re);rial Di*ision or &' a single Bu%ge of that %i*ision in accor%ance with this tatutean% the =ules of 4roce%ure an% 0*i%ence
(c# Nothing in this paragraph shall preclu%e the simultaneous constitution of more than
one ;rial Cham&er or 4re);rial Cham&er when the efficient management of the CourtHswor@loa% so reEuires.
. (a# u%ges assigne% to the ;rial an% 4re);rial Di*isions shall ser*e in those %i*isions
for a perio% of three 'ears5 an% thereafter until the completion of an' case the hearing of
which has alrea%' commence% in the %i*ision concerne%.
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( u%ges assigne% to the Appeals Di*ision shall ser*e in that %i*ision for their entire
term of office.
. u%ges assigne% to the Appeals Di*ision shall ser*e onl' in that %i*ision. Nothing inthis article shall5 howe*er5 preclu%e the temporar' attachment of Bu%ges from the ;rial
Di*ision to the 4re);rial Di*ision or *ice *ersa5 if the 4resi%enc' consi%ers that theefficient management of the CourtHs wor@loa% so reEuires5 pro*i%e% that un%er no
circumstances shall a Bu%ge who has participate% in the pre)trial phase of a case &eeligi&le to sit on the ;rial Cham&er hearing that case.
Article ,
n%epen%ence of the Bu%ges
1. ;he Bu%ges shall &e in%epen%ent in the performance of their functions.
-. u%ges shall not engage in an' acti*it' which is li@el' to interfere with their Bu%icialfunctions or to affect confi%ence in their in%epen%ence.
. u%ges reEuire% to ser*e on a full)time &asis at the seat of the Court shall not engage in
an' other occupation of a professional nature.
. An' Euestion regar%ing the application of paragraphs - an% shall &e %eci%e% &' an
a&solute maBorit' of the Bu%ges. Ghere an' such Euestion concerns an in%i*i%ual Bu%ge5that Bu%ge shall not ta@e part in the %ecision.
Article 1
0+cusing an% %isEualification of Bu%ges
1. ;he 4resi%enc' ma'5 at the reEuest of a Bu%ge5 e+cuse that Bu%ge from the e+ercise of afunction un%er this tatute5 in accor%ance with the =ules of 4roce%ure an% 0*i%ence.
-. (a# A Bu%ge shall not participate in an' case in which his or her impartialit' might
reasona&l' &e %ou&te% on an' groun%. A Bu%ge shall &e %isEualifie% from a case in
accor%ance with this paragraph if5 inter alia5 that Bu%ge has pre*iousl' &een in*ol*e% inan' capacit' in that case &efore the Court or in a relate% criminal case at the national
le*el in*ol*ing the person &eing in*estigate% or prosecute%. A Bu%ge shall also &e
%isEualifie% on such other groun%s as ma' &e pro*i%e% for in the =ules of 4roce%ure an%0*i%ence.
( ;he 4rosecutor or the person &eing in*estigate% or prosecute% ma' reEuest the
%isEualification of a Bu%ge un%er this paragraph.
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(c# An' Euestion as to the %isEualification of a Bu%ge shall &e %eci%e% &' an a&solute
maBorit' of the Bu%ges. ;he challenge% Bu%ge shall &e entitle% to present his or her
comments on the matter5 &ut shall not ta@e part in the %ecision.
Article -
;he Office of the 4rosecutor
1. ;he Office of the 4rosecutor shall act in%epen%entl' as a separate organ of the Court. t
shall &e responsi&le for recei*ing referrals an% an' su&stantiate% information on crimes
within the Buris%iction of the Court5 for e+amining them an% for con%ucting in*estigationsan% prosecutions &efore the Court. A mem&er of the Office shall not see@ or act on
instructions from an' e+ternal source.
-. ;he Office shall &e hea%e% &' the 4rosecutor. ;he 4rosecutor shall ha*e full authorit'
o*er the management an% a%ministration of the Office5 inclu%ing the staff5 facilities an%
other resources thereof. ;he 4rosecutor shall &e assiste% &' one or more Deput'4rosecutors5 who shall &e entitle% to carr' out an' of the acts reEuire% of the 4rosecutor
un%er this tatute. ;he 4rosecutor an% the Deput' 4rosecutors shall &e of %ifferentnationalities. ;he' shall ser*e on a full)time &asis.
. ;he 4rosecutor an% the Deput' 4rosecutors shall &e persons of high moral character5
&e highl' competent in an% ha*e e+tensi*e practical e+perience in the prosecution or trial
of criminal cases. ;he' shall ha*e an e+cellent @nowle%ge of an% &e fluent in at least oneof the wor@ing languages of the Court.
. ;he 4rosecutor shall &e electe% &' secret &allot &' an a&solute maBorit' of the mem&ers
of the Assem&l' of tates 4arties. ;he Deput' 4rosecutors shall &e electe% in the samewa' from a list of can%i%ates pro*i%e% &' the 4rosecutor. ;he 4rosecutor shall nominatethree can%i%ates for each position of Deput' 4rosecutor to &e fille%. Unless a shorter term
is %eci%e% upon at the time of their election5 the 4rosecutor an% the Deput' 4rosecutors
shall hol% office for a term of nine 'ears an% shall not &e eligi&le for re)election.
9. Neither the 4rosecutor nor a Deput' 4rosecutor shall engage in an' acti*it' which is
li@el' to interfere with his or her prosecutorial functions or to affect confi%ence in his or
her in%epen%ence. ;he' shall not engage in an' other occupation of a professional nature.
2. ;he 4resi%enc' ma' e+cuse the 4rosecutor or a Deput' 4rosecutor5 at his or her
reEuest5 from acting in a particular case.
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Article
taff
1. ;he 4rosecutor an% the =egistrar shall appoint such Eualifie% staff as ma' &e reEuire%
to their respecti*e offices. n the case of the 4rosecutor5 this shall inclu%e the appointmentof in*estigators.
-. n the emplo'ment of staff5 the 4rosecutor an% the =egistrar shall ensure the highest
stan%ar%s of efficienc'5 competenc' an% integrit'5 an% shall ha*e regar%5 mutatis
mutan%is5 to the criteria set forth in article 25 paragraph 8.
. ;he =egistrar5 with the agreement of the 4resi%enc' an% the 4rosecutor5 shall propose
taff =egulations which inclu%e the terms an% con%itions upon which the staff of the
Court shall &e appointe%5 remunerate% an% %ismisse%. ;he taff =egulations shall &e
appro*e% &' the Assem&l' of tates 4arties.
. ;he Court ma'5 in e+ceptional circumstances5 emplo' the e+pertise of gratis personnel
offere% &' tates 4arties5 intergo*ernmental organiations or non)go*ernmental
organiations to assist with the wor@ of an' of the organs of the Court. ;he 4rosecutorma' accept an' such offer on &ehalf of the Office of the 4rosecutor. uch gratis
personnel shall &e emplo'e% in accor%ance with gui%elines to &e esta&lishe% &' the
Assem&l' of tates 4arties.
Article 9
olemn un%erta@ing
?efore ta@ing up their respecti*e %uties un%er this tatute5 the Bu%ges5 the 4rosecutor5 the
Deput' 4rosecutors5 the =egistrar an% the Deput' =egistrar shall each ma@e a solemn
un%erta@ing in open court to e+ercise his or her respecti*e functions impartiall' an%
conscientiousl'.
Article 2
=emo*al from office
1. A Bu%ge5 the 4rosecutor5 a Deput' 4rosecutor5 the =egistrar or the Deput' =egistrar
shall &e remo*e% from office if a %ecision to this effect is ma%e in accor%ance withparagraph -5 in cases where that person:
(a# s foun% to ha*e committe% serious miscon%uct or a serious &reach of his or her %uties
un%er this tatute5 as pro*i%e% for in the =ules of 4roce%ure an% 0*i%ence or
( s una&le to e+ercise the functions reEuire% &' this tatute.
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-. A %ecision as to the remo*al from office of a Bu%ge5 the 4rosecutor or a Deput'
4rosecutor un%er paragraph 1 shall &e ma%e &' the Assem&l' of tates 4arties5 &' secret
&allot:
( a# n the case of a Bu%ge5 &' a two)thir%s maBorit' of the tates 4arties upon a
recommen%ation a%opte% &' a two)thir%s maBorit' of the other Bu%ges
( n the case of the 4rosecutor5 &' an a&solute maBorit' of the tates 4arties
(c# n the case of a Deput' 4rosecutor5 &' an a&solute maBorit' of the tates 4arties upon
the recommen%ation of the 4rosecutor.
. A %ecision as to the remo*al from office of the =egistrar or Deput' =egistrar shall &e
ma%e &' an a&solute maBorit' of the Bu%ges.
. A Bu%ge5 4rosecutor5 Deput' 4rosecutor5 =egistrar or Deput' =egistrar whose con%uct
or a&ilit' to e+ercise the functions of the office as reEuire% &' this tatute is challenge%un%er this article shall ha*e full opportunit' to present an% recei*e e*i%ence an% to ma@e
su&missions in accor%ance with the =ules of 4roce%ure an% 0*i%ence. ;he person in
Euestion shall not otherwise participate in the consi%eration of the matter.
Article