WEBVTT

1
00:00:17.100 --> 00:00:19.100
Hello, I'm Yvonne McDermott Rees

2
00:00:19.100 --> 00:00:20.700
and this is my commentary to

3
00:00:20.700 --> 00:00:22.480
Article 45 of the

4
00:00:22.480 --> 00:00:24.200
ICC Statute.

5
00:00:24.200 --> 00:00:26.200
Article 45 sets out that

6
00:00:26.200 --> 00:00:28.200
Judges, the Prosecutor,

7
00:00:28.200 --> 00:00:30.600
Deputy Prosecutor or Prosecutors,

8
00:00:30.600 --> 00:00:33.400
Registrar, and Deputy Registrar

9
00:00:33.400 --> 00:00:35.500
shall make

10
00:00:35.500 --> 00:00:37.500
a 'solemn undertaking'

11
00:00:37.500 --> 00:00:39.000
to exercise their functions

12
00:00:39.000 --> 00:00:42.000
independently and conscientiously.

13
00:00:42.000 --> 00:00:44.250
This is common in the majority

14
00:00:44.250 --> 00:00:46.250
of legal systems, for judges to take

15
00:00:46.250 --> 00:00:48.250
an oath declaring that they will

16
00:00:48.250 --> 00:00:51.150
exercise their functions impartially.

17
00:00:51.150 --> 00:00:53.150
At the ICC, the requirement to

18
00:00:53.150 --> 00:00:55.150
make such a 'solemn undertaking'

19
00:00:55.150 --> 00:00:57.150
extends not just to judges, but to the

20
00:00:57.150 --> 00:00:59.800
Prosecutor, Deputy Prosecutors,

21
00:00:59.800 --> 00:01:03.220
Registrar and Deputy Registrar as well.

22
00:01:03.220 --> 00:01:05.220
This clearly relates to be accused's

23
00:01:05.220 --> 00:01:07.620
right to be tried by an impartial court,

24
00:01:07.620 --> 00:01:09.620
under Article 67 of

25
00:01:09.620 --> 00:01:11.620
the Statute, and the duty of

26
00:01:11.620 --> 00:01:13.720
impartiality imposed on Judges,

27
00:01:13.720 --> 00:01:16.420
the Prosecutor, and Deputy Prosecutors

28
00:01:16.420 --> 00:01:19.400
under Articles 41 and 42.

29
00:01:19.400 --> 00:01:21.600
Article 43 does not

30
00:01:21.600 --> 00:01:23.980
set down a requirement that the Registrar

31
00:01:23.980 --> 00:01:25.980
or Deputy Registrar be impartial,

32
00:01:25.980 --> 00:01:27.780
but it was clearly obvious to

33
00:01:27.780 --> 00:01:29.780
the drafters that this should be the case,

34
00:01:29.780 --> 00:01:31.580
given they're included under

35
00:01:31.580 --> 00:01:33.580
Article 45.

36
00:01:33.580 --> 00:01:35.580
In some domestic legal systems,

37
00:01:35.580 --> 00:01:37.780
Judges are required to swear an oath

38
00:01:37.780 --> 00:01:39.780
on a religious text.

39
00:01:39.780 --> 00:01:41.980
The ICC's solemn declaration

40
00:01:41.980 --> 00:01:43.980
under Article 45,

41
00:01:43.980 --> 00:01:45.980
like the solemn declaration for witnesses

42
00:01:45.980 --> 00:01:47.980
under Article 69(1),

43
00:01:47.980 --> 00:01:49.980
is non-denominational.