Composition and Organisation of the Court

The Court is made up of the Presidency, the Chambers, the Office of the Prosecutor and the Court Registrar.    

Eighteen judges, elected from two lists, were elected by secret ballot at a meeting of the State Parties in February 2003. One list was composed of candidates in their capacity as criminal lawyers; the other of lawyers with expertise in international law. All are citizens of a State Party.

After they are sworn in, the judges elect the Presidency and, as quickly as possible, set up the Chambers.

The Presidency is comprised of the President (currently the Canadian, Philippe Kirsch) together with the First and Second Vice-Presidents. All are elected by a majority of the judges for a three year renewable mandate.

The judicial function of the ICC is organised into three Chambers: the Pre-Trial Chamber, the Trial Chamber and the Appeals Chamber. Each case coming before the Court is sent to the Pre-Trial Chamber which rules on whether such case can be put before the Trials Chamber. This Chamber will then rule on the admissability of the case in question. "Judgement before the Judgement?" The reply to this question will become clearer through actual practice.

The Appeals Chamber is made up of the President and four other judges; the Trial Chamber and the Pre-Trial Chamber are each made up of at least six judges.

As far as the Office of the Prosecutor is concerned, it acts independently, as if it were a separate organ from the Court. It is headed by the Prosecutor, elected in a prior secret ballot by an absolute majority of the Assembly of States Parties. The current incumbent is the Argentinian Luis Moreno Ocampo. It is this office of the Prosecutor which is entrusted with the reception of referrals from State Parties supported by all available documentation with respect to the crimes over which the Court has jurisdiction. The Office of the Prosecutor is in charge of conducting investigations and prosecuting the crimes within the Court's jurisdiction.

The Court Registry, for its part, is responsible for all non-judicial aspects of the administration and services of the Court, without detriment to the rôle of the Prosecutor. It is headed by the Court Registrar, who is elected by an absolute majority of the judges. This function is currently in the hands of a Frenchman, Bruno Cathala.