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Copyright (c) 2003 The American Society of International Law
American Journal of International Law

CURRENT DEVELOPMENT: The Assembly of States Parties and the Institutional Framework of the International Criminal Court

January 2003

97 A.J.I.L. 132




Pursuant to the Rome Statute of the International Criminal Court, 1 the Assembly of States Parties (ASP) of the ICC is empowered, inter alia, to adopt recommendations of the ICC Preparatory Commission; 2 provide management oversight for the Court; 3 set the ICC budget; 4 elect the ICC judges, 5 prosecutor, and deputy prosecutors; 6 and make recommendations for the position of registrar. 7 In short, the ASP will set the institutional framework within which the Court will begin its work and will continue to manage important aspects of the Court's administrative and legal operations once it is fully functioning.

The initial meeting of the ASP took place at the United Nations headquarters from September 3 to 10, 2002, and dealt with a rather ambitious agenda. 8 The ASP (or its Working Group of the Whole) adopted virtually every document prepared by the Preparatory Commission without change and by consensus, with just a few minor exceptions. 9 This Note will discuss the documents adopted and decisions taken by the ASP relating to the administration of the ICC. It will focus primarily on the Draft Relationship Agreement between the Court and the United Nations (ICC-UN Agreement), 10 the Agreement on the Privileges and Immunities of the Court (ICC P&I Agreement), 11 the ICC Financial Regulations and Rules, 12 and the procedures for the nomination and election of the judges and prosecutor. 13 Brief mention will also be made of the Court's initial budget, ...
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