The Rome Statute includes a provision for the establishment of an Assembly of States Parties (ASP or Assembly). According to the treaty, "each State Party shall have one representative in the Assembly who may be accompanied by alternates and advisers" and each State Party shall have one vote. All other States which have signed the Rome Statute or the Final Act of the Rome Conference may attend as observers.

The following are the functions of the ASP as set out in the Rome Statute:

(a) Consider and adopt, as appropriate, recommendations of the Preparatory Commission;

(b) Provide management oversight to the Presidency, the Prosecutor and the Registrar regarding the administration of the Court;

(c) Consider the reports and activities of the Bureau of the ASP (to consist of a President, two Vice-Presidents and 18 members elected by the Assembly for three-year terms) and take appropriate action;

(d) Consider and decide the budget for the Court;

(e) Decide whether to alter, in accordance with the Statute’s provisions on the nomination, qualifications and election of judges, the number of judges;

(f) Consider any question of the non-cooperation of States Parties with the Court; and

(g) Perform any other function consistent with the Statutes or the Rules of Procedure and Evidence.

Note that the States Parties cannot interfere with the judicial functions of the Court. Any disputes concerning the Court's judicial functions are to be settled by a decision of the Court itself.