This morning, the Committee of the Whole began its consideration of Part 4 (articles 35 to 53) of the draft statute which deals with composition and administration of the Court. Medard Rwelamira of South Africa, Coordinator for Part 4, introduced this part of the Statute. On the basis of his suggestions, the Committee proceeded to discuss some of the articles in Part 4 which are fairly problematic, including article 35 on organs of the Court; article 36 on the length of judges' term of office; article 37 on qualificatiion and election of judges; and article 40 on establishment and composition of the Chambers.

The main contentious issues discussed this morning include whether judges would serve on a full-time or part-time basis.  Several delegations supported judges serving full-time mainly because of the need to guarantee their impartiality.  It was argued that if judges would have other functions, that could compromise their impartiality.  Some delegations noted the financial implications of the full-time arrangement and suggested a role for the Assembly of States Parties in deciding the matter.  A key article considered this morning, article 37 concerns the quality and qualification of judges.  There is agreement on the need to have both criminal trial experience as well as international law expertise, including in humanitarian and human rights law, represented at the Court.  Many speakers noted that to have those qualifications in one individual would be the ideal, however unrealistic. Therefore, a balance should be kept between the two expertises in the overall number of judges.  There is a broad agreement that judges should serve a nine-year term not renewable.  As for the total number of judges, there is great discrepancy.

The Working Group on Procedural Matters continued its consideration of Part 5 (Investigation and Prosecution) of the draft statute.