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Part 1 Establishment of the Court: Institution de la Cour, Art.3 Seat of the Court/Siège de la Cour

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: 17 June 2024

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

This chapter comments on Article 3 of the Rome Statute of the International Criminal Court. Article consists of three paragraphs. Article 3(1) establishes The Hague as the seat of the Court. Paragraph (1) is mandatory, and does not allow for the seat of the Court to be located elsewhere, absent an amendment of the Statute. The Statute also specifies that the Netherlands is the ‘host State’. Article 3(2) requires that there be a Headquarters Agreement between the Court and the host State. Article 3(3) states that The Court may sit elsewhere, whenever it considers it desirable, ‘as provided in the Statute’.

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