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.

本文分析了国际刑事法院（icc）及其国际司法管理机构，即缔约国大会（asp）之间的关系。它特别是针对asp的程序和证据规则的立法职能。出于这个目的，本文重点讨论法院对《程序和证据规则》第165条的临时修正，以及asp对此的回应。本文分析了asp评估此临时修订的过程，并确定了实践中当前的法律和体制框架是否允许asp之间的任务重叠和icc。