Operational Aspects of Setting Up the International Criminal Court: Building on the Experience of the International Criminal Tribunal For the Former Yugoslavia

This Essay examines the practical experience of the International Criminal Tribunal for the former Yugoslavia ( ICTY ) and, in particular, its Registry with regard to operational matters and its relevance within the setup of the International Criminal Court ( ICC ). While the first part is dedicated to the basic legal groundwork that forms the basis for the work of the ICC (including its financial regulations, a multilateral agreement on its privileges and immunities, and the agreement governing the relationship between the ICC and the United Nations), the second part deals with the more practical aspects of the question of how to start an international criminal court from an operational perspective. In my conclusions, I would like to revert to the practical experience the ICTY has gained so far and upon which the States Parties could draw when considering the different operational aspects of setting up this important new international judicial institution