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The rules of procedure and evidence and the regulations of the Court

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Chapter Summary

The tension between internationalism and state sovereignty permeates many of the decisions that were taken during the negotiations of the Rome Statute and supplementary instruments. It is clear that the articulation of a precise substantial and procedural regime that would govern the Court, and limit the discretion of the Prosecutor and the judges, was considered to be a prerogative of the legislative powers of sovereign States. The Statute, Rules and Regulations establish a fairly complete, although not exhaustive, procedural scheme for the Court. The Rules of Procedure and Evidence were prepared and negotiated by State representatives gathered at the Preparatory Commission of the International Criminal Court established at the Rome Conference. The Rules and the Regulations of the Court entail a number of supplementary provisions concerning institutional matters. The Rules further specify the conduct of the Plenary sessions and different solemn undertakings.

Keywords: Court; institutional matters; Preparatory Commission; Rome Conference; Rome Statute; Rules of Procedure



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