Part 4 Composition and Administration of the Court: Composition et Administration de la Cour, Art.45 Solemn undertaking/Engagement solennel

Subject(s):

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

This chapter comments on Article 45 of the Rome Statute of the International Criminal Court. Article 45 imposes a duty to make a solemn undertaking on all of the judges and senior officers of the Court. They are to exercise their functions ‘impartially and conscientiously’. The Rules of Procedure and Evidence make the declaration more elaborate (‘honourably, faithfully, impartially, and conscientiously’), and they also add a duty to respect the confidentiality of investigations and prosecutions. The Rules distinguish between the declaration to be make by the judges and that of the Court's senior officers, the former being required to respect the secrecy of deliberations.