assistance. The various sections of the Manual highlight the obligations of States Parties to the Statute, and the features of the Statute that may affect the approach taken by States to ratification and implementation. It is recognized that the views and the statements in the Manual are not intended to be the last word on all requirements of the Rome Statute for implementation by States.
2. GENERAL ISSUES OF IMPLEMENTATION
This section discusses the following points:
- why it may be necessary to adopt national legislative and procedural measures;
- if it is possible to ratify before changing national laws;
- the difference between monist and dualist States and their approaches to ratification and implementation of the Statute;
- whether it is more appropriate to create only one implementing law or to create several;
- federal issues;
- compatibility with different legal systems; and
- how to deal with a potential constitutional problem
3. SPECIFIC ISSUES OF IMPLEMENTATION
This section presents in detail the obligations of States Parties under the Rome Statute with respect to ICC criminal investigations and prosecutions. It also suggests practical measures for implementing these obligations and for assisting the Court in other ways.
The main obligations to be implemented are described in:
3.1 Protecting the privileges and immunities of the personnel of the Court;
3.2 Creating offences against the administration of justice of the ICC;
3.5 & 3.6 Executing requests for arrest and surrender of persons to the ICC;
3.9 Collecting and preserving evidence for the ICC;
3.12 Enforcing fines, forfeiture and reparations orders;
Section 3.12 describes how States may protect their national security information when assisting the Court, in accordance with article 72 of the Statute.
The following issues are also discussed in this section of the Manual:
3.3 Procedures where the ICC wishes to investigate the same matter as a State Party;
3.4 Important provisions in the Statute relating to State co-operation, such as:
- the obligation to "co-operate fully";
- postponement of execution of requests;
- costs of executing requests;
- designation of an "appropriate channel" for receiving requests;
- ensuring the confidentiality of requests; and
- provision for future amendments;
3.7 Possible constitutional issues relating to surrender of a person to the ICC, such as:
- the absence of immunity for Heads of State,
- the non-applicability of a statute of limitations to the crimes listed under the Statute,
- surrendering nationals to the ICC,
- life imprisonment, and
- the right to trial by jury;
3.8 Allowing suspects to be transported across State territory en route to the ICC;
3.11 Protection of third party information; and
3.13 The option for States to enforce sentences of imprisonment, including review by the Court for reduction of sentences and other issues pertaining to the acceptance of sentenced persons.
4. COMPLEMENTARITY OF THE JURISDICTION OF THE ICC
This section addresses the practical implications of the complementarity principle provided for in the Statute, which gives States priority over the ICC to prosecute crimes that are within the jurisdiction of the Court. It describes the Statute's carefully crafted provisions on ne bis in idem, which ensure that a person will not be prosecuted by the ICC for any conduct which formed the basis of crimes for which the person has already been convicted or acquitted by the Court, or by another court. The only exception to this is provided in article 20, where the p
> 1 2 3 ... 212 213 214 ... 303 304 305
Zaki.ru законы и право
поиск по сайту
каталог документов
добавить сайт Zaki.ru в избранное
Правовые акты международные
Правовые акты Российской Федерации
