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This article analyses the relationship between the International Criminal Court ( icc ) and its international judicial governance institution, the Assembly of States Parties ( asp ). It does this in particular respect to the legislative function of the  asp  in relation to the Rules of Procedure and Evidence. With this objective, the article focuses on the provisional amendment to Rule 165 of the Rules of Procedure and Evidence by the Court, as well as the  asp ’s response to this. This article analyses the process through which the  asp  assesses this provisional amendment and determines whether, in practice, the present legal and institutional framework allows for an overlap of mandates between the  asp  and  icc .

international criminal law review

The Curious Case of Rule 165 of the Rules of Procedure and Evidence: The Effect of Control Exercised by the Assembly of States Parties over the International Criminal Court