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Part I Context, Challenges, and Constraints, 6 The ICC and the ASP

Jonathan O’Donohue

From: The Law and Practice of the International Criminal Court

Edited By: Carsten Stahn

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 31 March 2023

Judges — Prosecution

The ASP performs a range of administrative oversight, legislative, and other functions which are essential to the effective functioning of the ICC. In its first 12 sessions, the Assembly has made significant progress towards implementing these functions, as well as other efforts to support the work of the ICC and the realization of the Rome Statute system. It has inter alia developed the Independent Oversight Mechanism (IOM), innovative systems to elect ICC officials, and mechanisms to respond to non-cooperation. Nevertheless, there are a number of aspects of the Assembly’s approaches and decisions which threaten to undermine the work of the ICC, including the independence of the Prosecutor and the judges. This chapter examines how, in discharging its functions, the Assembly has both positively and negatively affected the law and practice of the Court.

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