Bibliothèque des ressources

The Code of Judicial Ethics provides guidelines for general application to contribute to judicial independence and impartiality with a view to ensuring the legitimacy and effectiveness of the judicial process. To this effect the Code contains guidelines on the conduct of Judges relating both to their professional roles, for example by acting with integrity, respecting confidentiality and regulating the conduct of those participating in courtroom proceedings, and in their activities outside the Court.

The Guidelines are facilitative and non-binding, aiming to provide clarity on the Court’s approach to holding hearings in Court proceedings during the COVID-19 Pandemic. The Guidelines emphasise that the applicable Chamber may decide independently whether required hearings should be conducted physically, remotely or as a combination of both. A Chamber should consider the rights and protections guaranteed in the Rome Statute and the Rules of Procedure and Evidence, as well as giving due consideration to the situations and restrictions in states where parties or participants in the hearings are located.

The Staff Regulations were adopted by the Assembly of States Parties, in accordance with article 44(3) of the Rome Statute. They broadly outline the principles and policies that apply to all Court staff. They do not apply to elected officials such as the Judges, the Prosecutor and the Registrar. The Regulations provide for the duties, obligations and privileges of Court staff and establish guidelines for matters such as the classification of posts and staff, salaries and allowances, appointment and promotion of staff, leave entitlements, social security, staff expenses, staff relations, separation of service, disciplinary measures, appeal of administrative decisions and recruitment.

The Staff Rules of the International Criminal Court elaborate on the Staff Regulations and apply to all staff members with a fixed-term appointment including, subject to another resolution, to staff of the Secretariat of the Assembly of States Parties. They provide more detailed provisions on the issues dealt with in the Regulations.

The Financial Regulations and Rules were adopted by the Assembly of States Parties in accordance with article 113 of the Rome Statute and outlines the rules and regulations that govern the financial administration of the Court. The Regulations deal with matters such as the creation of a proposed budget for approval by the Assembly of States Parties, appropriations, the provision of and management of funds and other income, internal control of the Court’s finances, accounting methods and auditing of the Court’s accounts. The Rules elaborate on these by providing detail on how the Regulations are to be implemented. An annex to the Rules and Regulations sets out the terms of reference for the auditor appointed by the Assembly of States Parties to audit the Court.

This Agreement between States Parties elaborates on articles 4 and 48 of the Rome Statute that refer to the legal personality of the Court and its privileges and immunities in the territory of States Parties. The Agreement provides that the Court’s premises, archives, documents and communications are inviolable; that its property, funds and assets are immune from legal processes and it is exempt from taxes and customs. The Agreement also details the immunities that various groups of personnel working with or attending the Court, such as Representatives at the Assembly of States Parties, Judges, Counsel, Witnesses and Victims, are entitled to.

This Agreement was concluded pursuant to article 2 of the Rome Statute in order to provide for a mutually beneficial relationship between the two organisations. This is done through recognition of and respect for each other’s mandates, reciprocal representation, exchange of information and cooperation between the organisations on matters of personnel, administration, facilities and services, including access to UN venues.

This Agreement was concluded between the Court and the Netherlands to regulate matters regarding the establishment of the Court in The Hague. It aims to ensure the stability, independence and smooth functioning of the Court and the Secretariat of the Assembly of States Parties in the Netherlands. In addition to detailing the immunities and privileges that the Court and its officials, staff and related personnel enjoy, the Headquarters Agreement regulates the provision of services, such as electricity, water and fire protection to the Court as well as security of the Court premises and its personnel. It also deals with the facilitation of entry into the Netherlands of those required to travel to the Court, visitors of detainees and other stakeholders, such as NGOs and press and contains provisions regulating the transport, detention and release (interim or otherwise) of detainees.