Rule 24 Definition of serious misconduct and serious breach of duty

Geldend

Documentgegevens:

Geldend vanaf 09-09-2002

Bronpublicatie:: 09-09-2002, Internet 2002, www.icc-cpi.int (uitgifte: 09-09-2002, regelingnummer: ICC-ASP/1/3)
Inwerkingtreding: 09-09-2002
Bronpublicatie inwerkingtreding:: 09-09-2002, Internet 2002, www.icc-cpi.int (uitgifte: 09-09-2002, regelingnummer: ICC-ASP/1/3)
Vakgebied(en): Internationaal strafrecht / Internationale tribunalen

1.

For the purposes of article 46, paragraph 1(a), ‘serious misconduct’ shall be constituted by conduct that:

(a)

If it occurs in the course of official duties, is incompatible with official functions, and causes or is likely to cause serious harm to the proper administration of justice before the Court or the proper internal functioning of the Court, such as:

(i): Disclosing facts or information that he or she has acquired in the course of his or her duties or on a matter which is sub judice, where such disclosure is seriously prejudicial to the judicial proceedings or to any person;
(ii): Concealing information or circumstances of a nature sufficiently serious to have precluded him or her from holding office;
(iii): Abuse of judicial office in order to obtain unwarranted favourable treatment from any authorities, officials or professionals;

(b)

If it occurs outside the course of official duties, is of a grave nature that causes or is likely to cause serious harm to the standing of the Court.

2.

For the purposes of article 46, paragraph 1(a), a ‘serious breach of duty’ occurs where a person has been grossly negligent in the performance of his or her duties or has knowingly acted in contravention of those duties. This may include, inter alia, situations where the person:

(a): Fails to comply with the duty to request to be excused, knowing that there are grounds for doing so;
(b): Repeatedly causes unwarranted delay in the initiation, prosecution or trial of cases, or in the exercise of judicial powers.