News from the International Criminal Tribunals

The International Criminal CourtOn July 1, 2002 the International Criminal Court (ICC) came into force.Crimes committed after July 1 falling within the Court's other jurisdictional requirements now can be referred to the Court.The date was set in accordance with Article 126 of the Rome Statute (Statute).It stipulates the date of entry into force as "the first day of the month after the 60th day following the date of the deposit of the 60th instrument of ratification, acceptance, approval or accession with the Secretary-General of the United Nations."Throughout the four years that passed before obtaining the 60 ratifications necessary under the Statute, the Preparatory Commission (Commission) drafted several key documents.These include the Rules of Procedure and Evidence, the Elements of Crimes, the Relationship Agreement between the Court and the United Nations, the Basic Principles Governing a Headquarters Agreement to Be Negotiated between the Court and the Host Country, the Financial Regulations and Rules, the Agreement on the Privileges and Immunities of the Court, the Budget for the First Financial Year, and the Rules of Procedure for the Assembly of States Parties (ASP).The Commission completed its work during its Tenth Session, which was held in New York City from July 1-12.The first meeting of the ASP was held September 3-10.Article 112 of the Statute establishes the ASP, which consists of one representative from each state party and functions as the administrative body of the ICC.Prince Zeid Ra'ad Zeid Al-Hussein of Jordan was elected president of the ASP at the first meeting.Philippe Kirsch, chairman of the Commission, presented the Commission's report to the ASP and congratulated Prince Al-Hussein on "accepting the mantle of leadership."Applause marked the meaningful moment when the ASP took over from the Commission and the ICC became an institution independent of the United Nations.After electing the president and two vice-presidents of the ASP, the body accepted the ASP Rules of Procedure promulgated by the Commission and its agenda.By consensus, the ASP adopted each of the remaining documents prepared by the Commission and finalized those documents that the Commission was unable to complete (including a procedure for the nomination and election of judges).The ASP accepted most of the Commission's work by consensus, without further discussion or objection.Adopting a process for the nomination and election of judges was one of the most substantive tasks confronted by the ASP.At issue was Article 36(8) of the Statute, which stipulates that