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Part 4 Composition and Administration of the Court: Composition et Administration de la Cour, Art.35 Service of judges/Exercice des fonctions des juges

William A. Schabas

From: The International Criminal Court: A Commentary on the Rome Statute (2nd Edition)

William A Schabas

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 15 July 2024

Elements of crimes — International criminal law, conduct of proceedings — Evidence

This chapter comments on Article 35 of the Rome Statute of the International Criminal Court. Article 35 governs the service of judges. It also reflects a debate during the drafting of the Rome Statute about the nature of the Court as a permanent institution. There was a strong tendency to view the institution as a body that existed on a stand-by basis, one that would be called into action from time to time as a kind of permanent ad hoc tribunal, waiting for whatever assignments the Security Council might choose to give it. However, once the Court was actually established, it soon became clear that all of the eighteen judges elected to the Chambers would be required to work full-time. Thus, article 35 operates as more of a transitional provision governing the first few years of the Court's operation. Beginning with a team of six judges working full-time, the Court rather quickly moved to one in which all were employed full-time. Article 35 is related to article 40, on the independence of judges, and article 49, on salaries, allowances, and expenses.

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