ICC Judges amend the Regulations of the Court to regulate the closure of case and situation records

The judges of the International Criminal Court (ICC) adopted an amendment to the Regulations of the Court, which enters into force today. The new regulation 66 ter regulates the closure of case and situation records.

The focus of this new regulation is greater clarity and transparency when it comes to the closure of situations. It also improves the Court's ability to manage and communicate its pending case load. The provision enables pre-trial chambers to order the closure of a situation record when the Prosecutor has decided not to initiate an investigation in a situation which was referred to the Court by a State Party. The Prosecutor may also inform a chamber that there are no further anticipated investigatory or prosecutorial activities in a situation. Once the record is closed and all judicial proceedings have been completed, residual matters may arise. Residual matters generally relate to the reclassification of documents or decisions, or to protective measures for persons who testified before the Court. The new provision clarifies to which chamber such requests should be addressed.

The amendment is part of the judges' efforts to continuously improve and harmonise the procedures of the Court and codify best practices as appropriate. Prior to its approval by the plenary of judges, the amendment proposal was placed before the Court's Advisory Committee on Legal Texts, which consists of three judges (one from each Division), one representative from the Office of the Prosecutor, one representative from the Registry and one representative of counsel included in the Court's list of counsel.

The amendment to the Regulations of the Court will be circulated to States Parties for comments. Pursuant to article 52(3) of the Rome Statute, if, within six months from circulation, there are no objections from a majority of States Parties, the amendments shall remain in force.

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