1 Rome Statute of the International Criminal Court, July 17,1998, UN Doc. A/CONF.183/9* (1998), reprinted in 37ILM 999 (1998), corrected through May 8, 2000, fry UN Doc. CN.177.2000. TREATIES-5 [hereinafter ICC Statute] , available at <http://www.un.org/law/ico> [hereinafter UN ICC Web site]. The ICC Statute entered into force on July 1, 2002, pursuant to its Article 126. The International Criminal Court shall be referred to hereinafter as either the ICC or simply “the Court.”

2 Including the Elements of Crimes and the Rules of Procedure and Evidence [hereinafter Rules]. Citations to the elements and Rules are set forth in note 131 infra. Sec ICC Statute, supra note 1, Arts. 9(1), 51(1), 112(2) (a). The final report of the Preparatory Commission contains twelve draft resolutions or decisions for the consideration of the ASP. UN Doc. PCNICC/2002/2 (July 24,2002), available at UN ICC Web site, supra note 1 [hereinafter PrepComm Report].

3 ICC Statute, supra note 1, Art. 112(2) (b).

4 Id., Art. 112(2) (d).

5 Id., Arts. 36(6)(a), 112.

6 Id., Art. 42(4).

7 Id., Ait. 43 (4). Thejudges elect the registrar, whose authority is exercised under the authority of the president of the Court. Id., Art. 43(2), (4).

8 The agenda included most of the items described in the text at notes 2-6 supra, with the exception of the election of thejudges and prosecutor, which is expected to occur when the ASP resumes its work in February 2003. At the September 2002 session, however, the ASP discussed the procedures for the nomination and election of judges and the prosecutor, which was one of the most contentious issues on the agenda.

9 The results of the ASP are set forth in both the OFFICIAL RECORDS OF THE FIRST SESSION OF THE ASSEMBLY OF STATES PARTIES TO THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT, SEPTEMBER 3-10,2002,UN Doc. ICC-ASP/1/3, UN Sales No. E.03.V.2 (2002), available at UN ICC Web site, supra note 1 [hereinafter ASP REPORT], and the Report of the Working Group of the Whole, ASP REPORT, Annex 1 [hereinafter Working Group Report].

10 Draft Relationship Agreement between the Court and the United Nations, ASP REPORT, supra note 9, pt. II.G, at 243 [hereinafter ICC-UN Agreement].

11 Agreement on the Privileges and Immunities of the International Criminal Court, ASP REPORT, supra note 9, pt. II.E, at 215 [hereinafter ICC P&I Agreement].

12 Financial Rules and Regulations, ASP REPORT, supra note 9, pt. II.D, at 180 [hereinafter ICC Financial Regulations and Rules].

13 Procedure for the Nomination and Election of Judges, the Prosecutor and Deputy Prosecutors of the International Criminal Court, UN Doc. ICC-ASP/l/Res.2 (2002), ASP REPORT, supra note 9, pt. TV, at 329 [hereinafter Nomination and Election Procedure]; Procedure for the Election of Judges of the International Criminal Court, UN Doc. ICC-ASP/l/Res.3 (2002), ASP REPORT, supra note 9, pt. TV, at 334 [hereinafter Election Procedure].

14 Budget for the First Financial Period of the Court, ASP REPORT, supra note 9, pt. Ill, at 253 [hereinafter ICC Budget].

15 Basic Principles Governing a Headquarters Agreement to Be Negotiated Between the Court and the Host Country, ASP REPORT, supra note 9, pt. II.F, at 233 [hereinafter Host State Principles].

16 In contrast to the International Criminal Tribunal for the Former Yugoslavia [hereinafter ICTY] and the International Criminal Tribunal for Rwanda [hereinafter ICTR], which were created by, and function as subsidiary organs of, the Security Council. Collectively, the ICTY and ICTR shall be referred to hereinafter as “the ad hoc International Criminal Tribunals.”

17 ICC-UN Agreement, supranote 10, Art.l; see also ICC Statute, supra note 1, Art. 2.

18 ICC-UN Agreement, supra note 10, Art. 2.

19 Id., Art. 3.

20 Id., Arts. 15-20.

21 Article 5(2) of the ICC Statute, supra note 1, provides that the Court will not exercise jurisdiction over the crime of aggression until the crime has been defined in a manner that is consistent with the relevant provisions of the UN Charter.

22 Article 16 of the ICC Statute, supra note 1, allows the Security Council to halt an ICC investigation or prosecution for renewable twelve-month periods through the adoption of a resolution requesting that the Court do so. See also Security Council Resolution 1422 (July 12, 2002), reprinted in 41 ILM 1276 (2002), in which the Security Council, acting pursuant to its Chapter VII authority, invoked Article 16 of the ICC Statute with respect to all UNestablished or authorized operations so as to protect from the reach of the Court “current or former officials or personnel” from nonstates parties to the Statute.

23 Similar concerns were expressed when the ICTY indicted Slobodan Miloŝević during the Kosovo conflict in 1999.

24 ICC-UN Agreement, supranote 10,Art. 15(1).This provision is based on Article 87(6) of the ICC Statute, supra note 1, which permits the Court to ask “any intergovernmental organization to provide information or documents” that may assist the Court with the investigation and prosecution of crimes within its jurisdiction.

25 Id., Art. 5(2). This article goes on to provide that the parties “shall strive, where appropriate, to combine their efforts to secure the greatest possible usefulness and utilization of such information.”

26 Id., Art. 16(1).

27 Id.

28 These provisions are discussed in greater detail in text at note 54 infra.

29 ICC-UN Agreement, supranote 10, Art. 17(1).

30 Id., Art. 17(2).

31 Id., Art. 17(3); see also ICC Statute, supranote 1, Art. 87(5) & (7).

32 ICC-UN Agreement, supra note 10, Art. 5(1) (b) (i).

33 Id., Art. 5(l)(b)(ii).

34 Id., Art. 5(l)(c).

35 Id., pt. II, Arts. 4-14.

36 Id., Art. 4. In the case of Security Council meetings related to the Court's activities, that organ may invite the president or prosecutor of the ICC to address the Council concerning matters within ICC jurisdiction. Id., Art. 4(2).

37 Id., Art. 5.

38 Id., Art. 6.

39 Id., Art. 7.

40 See, e.g., id., Arts. 8 (personnel), 9 (general administrative matters), 10 (translation and interpretation services), 13 (financial matters).

41 Pursuant to Article 15(3) of the ICTR Statute, 33ILM 1602 (1994), available at <http://www.ictr.org>, the ad hoc International Criminal Tribunals have a common prosecutor.

42 ICC Statute, supra note 1, Art. 54(1) (a).

43 Nothing in the paragraphs that follow is meant to suggest that the United Nations or its officials would seek to thwart any potential ICC prosecution by withholding documents or other information in its possession.

44 ICC-UN Agreement, supra note 10, Art. 20.

45 Id. See ICC Statute, supra note 1, part 9 (Articles 86-102) and Article 72 concerning international cooperation and the protection of national security information, respectively.

46 ICC-UN Agreement, supra note 10, Art. 20.

47 Of course, since the ICC has prospective jurisdiction from July 1, 2002, only, die UN archives may be of only marginal value to either the prosecution or the defense. Nevertheless, these archives will be one source of information that is subject to thorough scrutiny by the prosecutor.

48 See also ICC-UN Agreement, supra note 10, Art. 18(4).

49 See also ICC Statute, supra note l.Arts. 64(6) (c) (concerning protection of confidential information), 68(6) (permitting states to make applications for necessary measures to protect “confidential or sensitive information”).

50 Interestingly, ICC Rule 73 (4)-(6) specifically provides for a privilege relating to information under the control of the International Committee of the Red Cross. Presumably, the drafters of the Rules could have inserted a similar clause granting privileged status to UN documents, but chose not to do so.

51 ICC-UN Agreement, supra note 10, Art. 18(3); see also id., Art 18(4) (reiterating, inter alia, that the United Nations and the ICC prosecutor may enter into an arrangement to protect the confidentiality of information).

52 See discussion in text at note 42 supra.

53 See Rules, infra note 131, ch. 4, §11, Rules 76-84.

54 The text of these rules, which are identical, states:

ICTY Rules of Procedure and Evidence, as amended (Dec. 22, 2002), Rule 70(B), UN Doc. IT/32/Rev.26, available at <http://www.un.org/icty> ICTR Consolidated Rules of Procedure and Evidence, as amended (July 6, 2002), Rule 70(B), available at <http://www.ictr.org> [hereinafter ICTY and ICTR Rules].

55 Notwithstanding the clause limiting the use of such documents to “generating new evidence.” Disclosure may be requested for several reasons. For example, the trial attorneys may reevaluate the information and determine that it is important for the prosecution of the case concerned. In other cases, the originator of the information may have taken a restrictive view of the information at first, but have subsequendy been persuaded that “Rule 70 protection” was not required.

56 This rule also pertains to witness statements, such as information provided by a (past or present) senior government official in the form of a signed statement for investigative leads.

57 These rules are identical and provide: “The Prosecutor shall, as soon as practicable, disclose to the defence the existence of evidence known to the Prosecutor which in any way tends to suggest the innocence or mitigate the guilt of the accused or may affect the credibility of prosecution evidence.” ICTY and ICTR Rules, supra note 54, Rule 68.

58 ICC-UN Agreement, supra note 10, Art. 19.

59 ICC P&I Agreement, supra note 11, Art. 2.

60 Id., Art. 3.

61 Id., Arts. 4, 7.

62 Id., Art. 6.

63 Id., Arts. 8, 10.

64 Id., Arts. 13-14.

65 Id., Arts. 15 (judges, prosecutor, deputy prosecutor, and registrar), 16 (deputy registrar and staff members in the Registry and Office of the Prosecutor), 17 (personnel recruited locally and not otherwise covered by the ICC P&I Agreement).

66 Many of these provisions are similar to clauses in the Agreement Concerning the Headquarters of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia Since 1991, May 27,1994, UN-Neth., UN Doc. S/1994/ 848, annex (1994), reprinted in UN INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA, BASIC DOCUMENTS 2001, at 441 [hereinafter ICTY Headquarters Agreement].

67 ICC P&I Agreement, supra note 11, Art. 18(l)-(2).

68 All of these privileges and immunities apply only to the exercise of the official functions associated with serving as a defense counsel and are thus not absolute. Id., Art.l8(2). Moreover, these provisions also apply to any person, such as an investigator, who is assisting the defense counsel pursuant to ICC Rule 22. Id., Art. 18(4).

69 Id., Art. 18(1) (a). But see id., Art.l8(l)(f).

70 Id., Art. 18(1)(b).

71 Id., Art. 18(l)(c).

72 Id., Art. 18(1)(d).

73 Id., Art. 18(1)(e).

74 Id., Art. 18(l)(h); see Vienna Convention on Diplomatic Relations, Apr. 18, 1961, Art. 44, 23 UST 3227, 500 UNTS 95.

75 Compare ICC P&I Agreement, supra note 11, Art. 18, with ICTY Headquarters Agreement, supra note 66, Art. XIX. See also the discussion in part V, “Host State Principles,” infra.

76 ICC P&I Agreement, supra note 11, Art. 19. Such persons are to be issued a certificate indicating their status by the Court. Id., Art. 19(2). With respect to expert witnesses, see id., Art. 21. In addition to the privileges and immunities afforded to other witnesses (or defense counsel), experts may send and receive papers and documents related to their testimony “by courier or in sealed bags.” Id., Art 21 (1) (d). Compare id., Arts.19, 21, with ICTY Headquarters Agreement, supra note 66, Art. XVIII.

77 Of course, many victims will also be witnesses.

78 ICC P&I Agreement, supra note 11, Art. 20. Compare id., Art. 20, with id., Arts. 18-19. “Other persons required to be present” in The Hague are afforded the same privileges and immunities as victims. Id., Art. 22.

79 Id., Art. 26( 1); see also id., Art. 24 (regarding the privileges and immunities afforded to the representatives of the ASP, invited IGOs, and representatives of states participating in proceedings before the Court pursuant to Id., Arts. 13-14).

80 Id., Art. 26(1). The waiving authority for the various categories of individuals is set forth in id., Art. 26(2). Concerning waiver for representatives of the ASP, invited IGOs, and representatives of states participating in proceedings before the Court pursuant to Id., Arts. 13-14, see Id., Art. 24.

81 Id., Art. 23(a). The specific privileges and immunities granted to such persons are set forth in Id.

82 Id., Art. 34(1). On the first day that the ICC P&I Agreement was open for signature, thirteen states signed and one state (Norway) deposited its instrument of ratification. ASP REPORT, supra note 9, paras. 37-38.

83 ICC P&I Agreement, supra note 11, Art. 34(3).

84 Consisting of the ICC president and first and second vice presidents. ICC Statute, supra note 1, Art. 38(3).

85 Id., Art. 42 (2) (emphasis added). The ICC Financial Regulations and Rules, supra note 12, consist of two parts, the regulations and the rules. Throughout this discussion, individual ICC Financial Regulations shall be referred to as “Regulation x,"” while individual ICC Financial Rules shall be referred to as “Financial Rule y.”

86 See Financial Regulation 3 and Financial Rules 103.1-103.5, supra note 12, concerning the preparation of the budget proposals.

87 For example, Financial Rule 104.3, supra note 12, permits the ICC prosecutor to redeploy funds “among organizational units and objects of expenditure,” provided such redeployment does not exceed the total amount of funds appropriated to the Office of the Prosecutor by the ASP. At the prosecutor's request, under Financial Rule 110.2 the registrar must release funds for expenditures regarding matters within the prosecutor's authority under Article 42(2) of the ICC Statute, supranote 1. See also Regulation 10.1, supra note 12.

88 Morten Bergsmo & Frederik Harhoff, Article 42, in COMMENTARY ON THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT 627, 631 (Otto Triffterer ed.,1999).

89 Id. at 631.

90 Id.

91 Such moneys may be available from trust funds or, upon the referral of a case from the Security Council, directly from the UN budget, per Article 115(b) of the ICC Statute, supra note 1. Bergsmo & Harhoff, supranote 88, at 632. Regarding trust funds, see Regulation 6.5 and Financial Rule 106.1, supra note 12.

92 Bergsmo & Harhoff, supra note 88, at 632.

93 ICC Statute, supranote 1, Art. 115(a); Regulation 5.1(a), supranote 12.

94 ICC Statute, supra note 1, Art. 115(b); Regulation 5.1 (b), supra note 12.

95 ICC Statute, supra note 1, Art. 116; Regulation 5.1 (c), supra note 12; see also Regulations 7.2-7.4, id. (concerning the classification of voluntary contributions).

96 Regulation 5.1 (d), supra note 12. This would include, inter alia, trust funds and special accounts (Regulation 6.5), as well as investment income (Regulation 6.4).

97 Regulation 7, id.

98 Regulation 9.1, id. Financial Rules 109.1-109.5, supra note 12, elaborate upon this regulation.

99 Regulation 6.2, supra note 12. Regulation 6.4 provides; “Income derived from investments of the Working Capital Fund shall be credited to miscellaneous income.” Regarding the Working Capital Fund, see Working Capital Fund for the First Financial Period, UN Doc. ICC-ASP/1 /Res. 13, ASP REPORT, supra note 9, pt. IV, at 351.

100 C. F. Amerasinghe, Principles of the Institutional Law of International Organizations 303 (1996); Henry G. Schermers & Niels M. Blokker, International Institutional Law §§1064,1068-69 (1995).

101 Article 42(2) of the ICC Statute, supranote 1, stipulates that "one or more" deputy prosecutors shall assist the prosecutor. The prosecutor and deputy prosecutor(s) must be of different nationalities and serve full-time. Id.

102 Candidates must be characterized by high moral character, impartiality, and integrity and possess the qualifications required in their respective states for appointment to the highest judicial office, id., Art. 36(3) (a), and must be fluent in one of the working languages of the Court, id., Art. 36(3) (c). The working languages of the Court are English and French, id., Art. 50(2), and the official languages are Arabic, Chinese, English, French, Spanish, and Russian, id., Art. 50(1).

103 Article 36(5) provides for two lists of candidates. List A contains candidates experienced in criminal law and at least nine candidates must be elected from this list at the first election. List B contains the names of individuals with an international law background and at least five candidates from this list must be elected at the first election. Subsequent elections are to be organized in such a way as to ensure that equivalent proportions ofjudges having these categories of experience are elected. Id., Art. 36(5).

104 Id., Art. 42(3).

105 Pursuant to Article 43 (4) of the ICC Statute, supra note 1, thejudges are empowered to elect the registrar, taking into account any recommendations of the ASP. If the need arises and upon the recommendation of the registrar, the judges shall elect a deputy registrar. Unlike the registrars at the ad hoc International Criminal Tribunals (who are appointed by the UN Secretary-General and are independent), the ICC registrar "exercise [s] his or her functions under the authority of the President of the Court." Id., Art. 43(2).

106 ASP President Zeid Ra'ad Zeid Al-Hussein, Press Briefing on the International Criminal Court (Sept. 6,2002) (on file with author).

107 Id.

108 Article 36(4) of the ICC Statute, supra note 1, establishes general requirements for the nomination ofjudicial candidates. Id., Article 42 (4) provides that the prosecutor is to be elected by secret ballot by an absolute majority of the ASP.

109 Nomination and Election Procedure, supranote 13, para. D.24. With respect to the procedures for the nomination of deputy prosecutors, Article 42 (4) of the ICC Statute, supra note 1, provides that the prosecutor will nominate three candidates for each deputy prosecutor position to be filled and the ASP will elect the deputy prosecutor^). See also Nomination and Election Procedure, supra, paras. F.32-36.

110 Nomination and Election Procedure, supra note 13, paras. A.3, 8. The nomination period for the first election ran from the opening of the first meeting of the ASP on September 3, 2002, through November 30, 2002, although this date could be extended if certain conditions were not met. Id., paras. A.11, 13. At the completion of the nomination process, forty-five individuals were nominated for the eighteen judicial positions and all of the regional and functional requirements were met. Letter from ASP President Al-Hussein to all states parties to the ICC Statute (Dec. 2,2002), available at<http://www.un.org/law/icc/elections/judges/judges_nominations.htm> (visited Jan. 28, 2003). In the same letter, the ASP president announced that no nominations for the prosecutor had been received, and consequendy the nomination period was extended to December 8, 2002, pursuant to Nomination and Election Procedure, supra note 13, paras. A.5,13, D.24. The list ofjudicial nominees, including their CVs, is available online at <http://www.un.org/law/icc/elections/judges/judges_nominations.htm>.

111 Nomination and Election Procedure, supra note 13, para. A.7.

112 ICC Statute, supranote 1, Art. 36(4) (b). Each state party may put forward only one candidate for any given election. Id.

113 Nomination and Election Procedure, supra note 13, paras. A.12-13. The choice of November 1,2002, as the date made it possible for states that had not decided on candidates to make such selections prior to the deadline of the nomination period. It is worth noting that information concerning the candidates was circulated both through diplomatic channels and through posting on the ICC's official Web site. Id., paras. A.9-10.

114 See also Election Procedure, supra note 13, para. 1. With respect to the election of the prosecutor, "[e]very effort shall be made to elect the Prosecutor by consensus." Nomination and Election Procedure, supra note 13, para. E.29. If that process fails, then the procedure set forth in Article 42(4) of the ICC Statute, supranote 1, shall apply. Nomination and Election Procedure, supra, para. E.30. If no individual attains the necessary majority after three ballots, the election shall be suspended to permit the withdrawal of candidates. Upon resumption, if no candidate receives the necessary majority on the first ballot, the additional ballots will be limited to the candidates obtaining the two largest number of votes. Id., para. E.31.

115 If fewer than eighteen candidates are elected on the first ballot, the maximum number of votes by a state party on subsequent ballots will be reduced by the number of elected candidates, and the minimum voting requirements with respect to Lists A and B, the regional lists, and the gender lists will be adjusted by subtracting the number of elected candidates. Election Procedures, supra note 13, paras. 4,6. Each minimum voting requirement will be adjusted until it can no longer be met, in which case that requirement will be abandoned. If an adjusted voting requirement "can be met individually, but notjointly, the use of all regional and gender voting requirements shall be discontinued," leaving only the List A and List B minimum requirements. Id., para. 7. All minimum voting requirements are to be discontinued if eighteenjudges have still not been elected after four ballots. Id.

116 Id., para. 3.

117 Id., para. 3 (b). The regional groups are Africa, Asia, Eastern Europe, Latin America and the Caribbean, and Western Europe and Other States. If at the first election and on an exceptional basis, the number of states parties from any regional group is fewer than three-eighteenths of the total number of states parties at the time of the voting, the minimum voting requirement for that group will be reduced to two candidates from that group. Id. If the number of candidates from a regional group is not at least double the minimum voting requirement for that group, the minimum voting requirement for that group shall be half the number of candidates from that region, rounded up if necessary. Id. If there is only one candidate from a regional group, the minimum voting requirement is disregarded. Id.

118 Id., para. 3(c).

119 Id., para. 8.

120 ICC Statute, supra note 1, Art. 36(7).

121 Id., Art. 36(8); see also Election Procedure, supra note 13, para. 2.

122 Election Procedure, supra note 13, para. 1.

123 The prosecutor and deputies will serve one nine-year term (unless the ASP determines that a shorter term is appropriate at the time of the election) and will not be eligible for reelection. ICC Statute, supra note 1, Art. 42 (4).

124 Article 36(9) of the ICC Statute provides that one-third of thejudges elected at the first election will serve for three years, one-third for six years, and the remainder for a full nine- year term. Judges are not eligible for reelection, with the exception of those who draw the three-year terms at the first election.

125 See, for example, Article 35(3) of the ICC Statute, which allows the Presidency to determine which judges will be required to serve full-time, on the basis of the Court's workload and consultation with the other members.

126 "Alljudges shall be elected as full-time members of the Court and shall be available to serve on that basis from the commencement of their terms of office." ICC Statute, supra note 1, Art. 35(1).

127 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." Id., Art. 40(3).

128 Conditions of Service and Compensation of the Judges of the International Criminal Court, ICC Budget, supra note 14, Annex VI, paras. 1, 10. In addition, part-time judges will receive a subsistence allowance for each day that they attend meetings of the Court and for travel (by business-class airfare) from their home country to The Hague for such official meetings. Id., para. 10.

129 Id., paras. 5-6.

130 Id., paras. 4, 7-8.

131 Regarding the ICC Rules, see ASP REPORT, supra note 9, pt. II.A, at 10; with respect to the Elements of Crimes, see id., pt. II.B, at 108. Obviously, these documents, together with the ICC Statute, will define the core of the Court's substantive work. Equally obviously, diey are beyond the scope of this Note.

132 Including its own rules, Rules of Procedure of the Assembly of States Parties, id., pt. II.C, at 156 [hereinafter ASP RP]; and the establishment of a permanent secretariat, Permanent Secretariat of the Assembly of States Parties, UN Doc. ICC-ASP/l/Res.9, id., pt. IV, at 345; and it elected its Bureau and Credentials Committee in accordance with the prior understanding set forth in PrepComm Report, supra note 2, para. 11. See also ASP REPORT, supra note 9, paras. 7-9.

133 Establishment of a Fund for the Benefit of Victims of Crime Within the Jurisdiction of the Court, and of the Families of Such Victims, UN Doc. ICC-ASP/1 /Res.6, ASP REPORT, supra note 9, pt. IV, at 340; Procedure for the Nomination and Election of Members of the Board of Directors of the Trust Fund for the Benefit of Victims, UN Doc. ICC-ASP/1 /Res.7, id., pt. IV, at 342.

134 Selection of Staff of the International Criminal Court, UN Doc. ICC-ASP/1/Res. 10, id., pt. IV, at 346; Participation of the International Criminal Court in the United Nations Joint Staff Pension Fund, UN Doc. ICC-ASP/1/ Decision 3, id., pt. IV, at 356.

135 Interim Arrangements for the Exercise of Authority Pending the Assumption of Office by the Registrar, UN Doc. ICC-ASP/1/Decision 2, id, pt. IV, at 355. This fills an important gap in the ICC Statute. Namely, pursuant to Article 43 (4) of the ICC Statute, supra note 1, the judges shall elect the registrar. However, it is not expected that the registrar will be elected and able to fulfill his or her responsibilities until the middle of 2003. UN Doc. ICC-ASP/1/Decision 2, supra. Given the wide range of administrative functions that the registrar is responsible for, it is impossible to set up the Court without having the registrar in place. On September 9, 2002, the ASP appointed Bruno Cathala, the deputy registrar of the ICTY, as the director of common services. ASP REPORT, supra note 9, para. 25.

136 ICC Budget, supra note 14, para.l & tbl.l. This figure may be broken down roughly as follows: Presidency and divisions, €2.7 million; Office of the Prosecutor, €3.9 million; Registry, €2.9 million; Common Services Division, €13.4 million; operational reserve, € l million; and meetings of the ASP, Bureau, and Budget and Finance Committee, €6.9 million (including inaugural meeting of the ASP). Id.

137 Id., tbl. 6.

138 See, for example, resolutions and decisions on the Working Capital Fund, supra note 99; Provision of Funds for the Court, UN Doc. ICC-ASP/1/Decision 1, ASP REPORT, supra note 9, pt. IV, at 354; Relevant Criteria for Voluntary Contributions to the International Criminal Court, UN Doc. ICC-ASP/1/Res.ll, id, pt. W, at 348; Establishment of the Committee on Budget and Finance, UN Doc. ICC-ASP/l/Res.4, id., pt. IV, at 337; and Budget Appropriations for the First Financial Period and Financing of Appropriations for the First Financial Period, UN Doc. ICC-ASP/l/Res.12, id., pt. IV, at 349.

139 This provision states, "The Court shall enter into a headquarters agreement with the host State, to be approved by the Assembly of States Parties and thereafter concluded by the President of the Court on its behalf." ICC Statute, supra note 1, Art. 3(2).

140 Compare Host State Principles, supra note 15, para. 29, with ICTY Headquarters Agreement, supra note 66, Art. XX.

141 See, e.g., Host State Principles, supra note 15, para. 1 (d) (the headquarters agreement should fill in the gaps in the Statute, Rules, and P&I Agreement pertaining to issues related to the host country), para. 1 (i) (the headquarters agreement should capitalize on the lessons learned by the ad hoc International Criminal Tribunals concerning the relationships with their respective host states), and para. 1 (j) (the headquarters agreement should ensure that the Court enjoys "privileges, immunities and treatment that are no less favourable than those accorded to any international organization or tribunal located in the host country").

142 Importantly, the Host State Principles reflect the provisions that are unique to international criminal courts, such as those guaranteeing privileges and immunities for defense counsel and other persons taking part in the proceedings. Id., Arts. 26-30.

143 Most of the provisions, however, are rather mundane. See, e.g., id., paras.l (c) ("The headquarters agreement should reflect the specific relationship between the Court and the host country."), 8 ("The headquarters agreement should contain provisions on inviolability of the premises of the Court…").

144 The Association of Defense Counsel practicing before the ICTY was established in September 2002, nearly nine years after the ICTY itself was created. ICTY Weekly Press Briefing (Sept. 11, 2002) and id. (Sept. 18, 2002), available at <http://www.un.org/icty>. Rule 44 of the ICTY Rules of Procedure and Evidence was amended, making membership in this association mandatory for all defense counsel appearing before the Tribunal.

145 PrepComm Report, supra note 2, para. 14. A conference on an international criminal bar for the ICC took place in Montreal on June 13-15, 2002.

146 ASP REPORT, supra note 9, para. 24.

147 Article 51(2) of the ICC Statute, supra note 1, provides that states parties, judges acting by an absolute majority, and the prosecutor may propose amendments to the Rules. See also Rule 3, supra note 131.

148 ICTY Weekly Press Briefing (Sept.18, 2002), supra note 144.

149 PrepComm Report, supra note 2, app.

150 Continuity of Work in Respect of the Crime of Aggression, UN Doc. ICC-ASP/1/Res.l, ASP REPORT, supra note 9, pt. IV, at 328.

151 Id.

152 ASP RP, note 132 supra.

153 ASP REPORT, supra note 9, para. 5.

154 Id., para. 2.

155 GARes. 56/85 (Dec. 12, 2001).

156 ASP REPORT, supra note 9, paras. 3-4.