campaign against the Court will have.
We must therefore build on the enthusiasm and momentum generated at the Rome Conference and the recent Preparatory Commission meetings - and trust that the publication of this Manual will contribute to the rapid establishment of this vital tribunal and the consolidation of the Rule of Law on the international plane.
Daniel C. Prefontaine, QC
The International Centre for Criminal
Law Reform and
Criminal Justice Policy
Warren Allmand
Rights & Democracy
International Centre for Human Rights
and Democratic Development
EXECUTIVE SUMMARY
1. INTRODUCTION
1.1 Overview of the International Criminal Court
This section of the Manual provides an introduction to the main features of the pro-posed International Criminal Court (ICC). It describes how the Statute for this Court was finalised in Rome in July 1998 (Rome Statute), representing the culmination of 50 years of work to create a permanent institution for trying those accused of the most serious crimes of concern to the international community as a whole. The Statute will come into force on the 1st. day of the month after the 60th. day following the date of the deposit of the 60th. instrument of ratification.
The Overview explains that the ICC will be complementary to national jurisdictions and that it has the potential to deter and punish genocide, crimes against humanity, war crimes, and aggression. However, the ICC will only exercise it jurisdiction over genocide, crimes against humanity and war crimes committed after the Statute comes into force, and the Court will only have jurisdiction over the crime of aggression when an acceptable definition has been finalised by States Parties.
The Court will be managed by an Assembly of States Parties, representing all States Parties. In addition, any States that have signed the Rome Statute or the Final Act of the Rome Conference will have observer status in the Assembly. States that did not sign the Final Act and have not signed the Rome Statute should note that the Rome Statute will only be open for signature until 31 December 2000. After that date, such States will not be able to participate in the Assembly of State Parties unless they sign and/or ratify the Statute in the interim.
The Assembly of States Parties will elect the judges, the Prosecutor, and the Deputy Prosecutors, and will be responsible for their removal if serious misconduct or breach of duty is established. The selection process for judges and other ICC personnel will ensure that the principal legal systems of the world, as well as all the major geographical regions of the world, are equitably represented. In addition, the Court will have a fair representation of male and female judges, and the need for persons with relevant expertise will be taken into account.
The Overview then describes how an investigation by the Prosecutor is initiated, and how a matter proceeds to trial. It highlights some of the special features of the Court, such as the potential for prosecution of sexual and gender-based violence, and the special provisions for protection of victims. The Court will also safeguard the rights of accused persons, in accordance with international standards of due process. It will hold fair and public trials, honouring widely-accepted procedural guarantees such as the right to an appeal and the right not to be tried twice for the same crime.
1.2 Purpose of the Manual
The Manual has been developed to assist interested States with the ratification and implementation of the Rome Statute. The ICC will rely on the co-operation and assistance of States Parties, in order to realise its potential, so States Parties need to ensure that they are able to provide this
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