Rome Statute
Part 4: Composition and Administration of the Court

Article Art. 40
Independence of the judges

Mentioned in

Is Amending the Rome Statute the Panacea Against Perceived Selectivity and Impunity for the Crime of Aggression Committed Against Ukraine?

NYU School of Law / Just Security, March 21, 2023

“Amending the conditions for the ICC’s exercise of jurisdiction over the crime of aggression includes complex legal and sensitive political questions… Although desirable, this will not be achievable within a few months…or within one session of the Assembly of States Parties.”
 
Bibliographic info

1.

The judges shall be independent in the performance of their functions.

2.

Judges shall not engage in any activity which is likely to interfere with their judicial functions or to affect confidence in their independence.

3.

Judges required to serve on a full-time basis at the seat of the Court shall not engage in any other occupation of a professional nature.

4.

Any question regarding the application of paragraphs 2 and 3 shall be decided by an absolute majority of the judges. Where any such question concerns an individual judge, that judge shall not take part in the decision.

Source: Article 40 — Independence of the judges, https://www.­icc-cpi.­int/Publications/Rome-Statute.­pdf.

Last Updated

Aug. 30, 2023

Art. 40’s source at icc-cpi​.int