ICC Judges' Retreat Debates Roles of Presiding, Alternate Judges

ICC

On 25 September 2024, the judges of the International Criminal Court (ICC) held their annual judicial retreat in the Hague, the Netherlands. The retreat provided the judges of the Court with an opportunity to reflect on best practices regarding the roles of presiding and alternate judges in ICC proceedings with a view to expediting judicial proceedings in the interests of fairness and to the benefit of all parties and participants to Court proceedings.

The judges discussed the role of alternate judges under article 74(1) of the Rome Statute. The judges shared experiences and lessons learnt in connection with the use of alternate judges at the Court. They also discussed the recent adoption of rule 140 ter of the Rules of Procedure and Evidence. The judges' discussion focussed on the need to ensure the continuity of judicial proceedings at the Court using available legal mechanisms. It was agreed to continue the judges' exchanges on best practices to enable alternate judges to contribute to the efficient conduct of proceedings in accordance with the Court's legal framework.

At the retreat, the judges also discussed the role of presiding judges. Presiding judges play an important role in ensuring the efficient management of cases. The judges discussed the role, authority and responsibilities associated with this position at each stage of the proceedings, highlighting the need for open discussion within each Chamber on both the function of the Presiding Judge and on the organisation of the working relationship between the Presiding Judge, all judges and supporting legal staff. The judges engaged in a fruitful exchange on the practices and working methods developed by the Pre-Trial, Trial and Appeals Divisions and different chambers in order to meet the specific needs of the respective divisions.

The judges also participated in a session related to the Court's ongoing work on Secondary Trauma, Stress and Burnout Prevention, highlighting their commitment to contributing to the Court's efforts to ensure a safe and supportive working environment for all staff and other personnel at the Court.

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