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Part 4 Composition and Administration of the Court: Composition et Administration de la Cour, Art.49 Salaries, allowances, and expenses/Traitements, indemnités et remboursement de frais

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: 13 June 2024

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

This chapter comments on Article 49 of the Rome Statute of the International Criminal Court. Article 49 establishes two principles: remuneration is set by the Assembly of States Parties; it may not be reduced during the term of office. It is intimately connected to issues of independence and impartiality. Secure salaries and other forms of remuneration are important for the judges and other officials of the Court, as they have been in national justice systems. With respect to the judge, the relevant related provisions in the Rome Statute are article 35, which requires all judges to be able to serve as full-time members of the Court, and article 40, providing that full-time judges ‘shall not engage in any other occupation of a professional nature’ and excluding all judges from engaging in any activity ‘which is likely to interfere with their judicial functions or to affect confidence in their independence’.

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