Rome Statute of the International Criminal Court
7.
Neither the Prosecutor nor a Deputy Prosecutor shall participate in any matter in which their impartiality
might reasonably be doubted on any ground. They shall be disqualified from a case in accordance with this
paragraph if, inter alia, they have previously been involved in any capacity in that case before the Court or
in a related criminal case at the national level involving the person being investigated or prosecuted.
8.
Any question as to the disqualification of the Prosecutor or a Deputy Prosecutor shall be decided by the
Appeals Chamber.
9.
(a)
The person being investigated or prosecuted may at any time request the disqualification of the
Prosecutor or a Deputy Prosecutor on the grounds set out in this article;
(b)
The Prosecutor or the Deputy Prosecutor, as appropriate, shall be entitled to present his or her
comments on the matter;
The Prosecutor shall appoint advisers with legal expertise on specific issues, including, but not limited to,
sexual and gender violence and violence against children.
Article 43
The Registry
1.
The Registry shall be responsible for the non-judicial aspects of the administration and servicing of the
Court, without prejudice to the functions and powers of the Prosecutor in accordance with article 42.
2.
The Registry shall be headed by the Registrar, who shall be the principal administrative officer of the Court.
The Registrar shall exercise his or her functions under the authority of the President of the Court.
3.
The Registrar and the Deputy Registrar shall be persons of high moral character, be highly competent and
have an excellent knowledge of and be fluent in at least one of the working languages of the Court.
4.
The judges shall elect the Registrar by an absolute majority by secret ballot, taking into account any
recommendation by the Assembly of States Parties. If the need arises and upon the recommendation of the
Registrar, the judges shall elect, in the same manner, a Deputy Registrar.
5.
The Registrar shall hold office for a term of five years, shall be eligible for re-election once and shall serve
on a full-time basis. The Deputy Registrar shall hold office for a term of five years or such shorter term
as may be decided upon by an absolute majority of the judges, and may be elected on the basis that the
Deputy Registrar shall be called upon to serve as required.
6.
The Registrar shall set up a Victims and Witnesses Unit within the Registry. This Unit shall provide, in
consultation with the Office of the Prosecutor, protective measures and security arrangements, counseling
and other appropriate assistance for witnesses, victims who appear before the Court, and others who are at
risk on account of testimony given by such witnesses. The Unit shall include staff with expertise in trauma,
including trauma related to crimes of sexual violence.
Article 44
Staff
1.
The Prosecutor and the Registrar shall appoint such qualified staff as may be required to their respective
offices. In the case of the Prosecutor, this shall include the appointment of investigators.
2.
In the employment of staff, the Prosecutor and the Registrar shall ensure the highest standards of efficiency,
competency and integrity, and shall have regard, mutatis mutandis, to the criteria set forth in article 36,
paragraph 8.
3.
The Registrar, with the agreement of the Presidency and the Prosecutor, shall propose Staff Regulations
which include the terms and conditions upon which the staff of the Court shall be appointed, remunerated
and dismissed. The Staff Regulations shall be approved by the Assembly of States Parties.
4.
The Court may, in exceptional circumstances, employ the expertise of gratis personnel offered by States
Parties, intergovernmental organizations or non-governmental organizations to assist with the work of
any of the organs of the Court. The Prosecutor may accept any such offer on behalf of the Office of the
Prosecutor. Such gratis personnel shall be employed in accordance with guidelines to be established by the
Assembly of States Parties.
Article 45
Solemn undertaking
Before taking up their respective duties under this Statute, the judges, the Prosecutor, the Deputy Prosecutors,
the Registrar and the Deputy Registrar shall each make a solemn undertaking in open court to exercise his or her
respective functions impartially and conscientiously.
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