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Part 4 Composition and Administration of the Court: Composition et Administration de la Cour, Art.37 Judicial vacancies/Sièges vacants

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, 2021. All Rights Reserved.date: 26 January 2021

Subject(s):
Judges — Elements of crimes — International criminal law, conduct of proceedings — Evidence

This chapter comments on Article 37 of the Rome Statute of the International Criminal Court. Article 37 consists of two paragraphs, the first concerning the election of a replacement judge in the event of a vacancy, and the second dealing with the term of office of the new judge. A vacancy may be created by death or incapacitation of a judge, by resignation, or by removal pursuant to article 46 of the Statute. It may also occur when a judge has actually been elected but withdraws prior to taking the oath of office. The term of a replacement judge is the remainder of the predecessor's term. It begins on the date of election.

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