How can the OPCD be independent and yet form part of the structure of the Registry?

The independence of the OPCD is not only stipulated in the relevant instruments (Regulation 77(2) of the Regulations of the Court) but is inherent in its everyday activities.

Its members work independently and are governed, in the exercise of their duties, especially as regards respect for confidentiality, by the Code of Professional Conduct for Counsel (ICC-ASP/4/Res.1).

For issues other than representation and legal advice, the members of the OPCD are bound by the provisions applicable to all staff members of the Court (regulation 144 of the Regulations of the Registry, “Independence of Members of the Office”).

The Court, as a whole, and the Registrar, in particular, respect this independence and refrain from interfering in the OPCD’s activities and its mandate to provide support and assistance.

Pursuant to Regulation 143 of the regulation of the Registry, the members of the OPCD are appointed in accordance with the rules and regulations governing the recruitment of the staff of the Court. A representative of the legal profession sits on the selection panel.

The annual report on the activities of the OPCD submitted to the Registrar does not include any confidential information received by the OPCD in carrying out its mandate.