The judges of the International Criminal Court (ICC) adopted amendments to the Regulations of the Court during their fortieth plenary session on 12 November 2018.
The amendments address a number of procedural issues arising in connection to the activation of the jurisdiction of the Court over the crime of aggression as of 17 July 2018 by the Assembly of States Parties at its sixteenth session on 14 December 2017.
Pursuant to article 52(3) of the Rome Statute, the judges determined that the amendments enter into force on 15 November 2018. Regulations 13, 45 and 46 of the Regulations of the Court have been amended.
The adopted amendments ensure clarity on certain matters related to the exercise of judicial functions by the Pre-Trial Division under article 15bis(8) of the Rome Statute. They clarify the composition of the Pre-Trial Division for such purposes and provide for the election of a Presiding Judge.
The amendments also address a number of procedural matters concerning the availability of a situation record and the assignment of situations to a Pre-Trial Chamber by the Presidency. An informational note setting out the precise amendments adopted is available in French and English.
These amendment proposals were placed before a plenary session of the judges by the Court’s Advisory Committee on Legal Texts, which consists of three judges (one from each Division), one representative from the Office of the Prosecutor, one representative from the Registry and one representative of counsel included in the Court’s list of counsel.
The amendments to the Regulations of the Court will be circulated to States Parties for comments. Pursuant to article 52(3) of the Rome Statute, if within six months from circulation, there are no objections from a majority of States Parties, the amendments shall remain in force.
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