roceedings in another court "were for the purpose of shielding the person concerned from criminal responsibility for crimes within the jurisdiction of the Court", or "otherwise were not conducted independently or impartially in accordance with the norms of due process recognized by international law, and were conducted in a manner which, in the circumstances, was inconsistent with an intent to bring the person concerned to justice".
This section then discusses how States may need to review the following, to ensure that they can effectively prosecute crimes within the jurisdiction of the Court should they wish to: definitions of crimes, grounds of defence, individual criminal responsibility and inchoate offences, command responsibility, and the rules of procedure and evidence in national criminal justice proceedings.
5. RELATIONSHIP BETWEEN THE COURT AND STATES
5.1 Broader State Obligations and Rights of States Parties
This section provides guidance on:
- treaty requirements of the Rome Statute;
- financing of the Court;
- allowing the ICC to sit in a State's territory;
- nomination of personnel such as judges for the Court; and
- some of the other rights of States Parties, such as referring situations to the Court for investigations;
5.2 Looking to the Future
The last section of the Manual deals with:
- the Assembly of States Parties;
- the potential influence of the Rules of Procedure and Evidence and the Elements of Crimes (presently being drafted by the Preparatory Commission);
- the possibility of amendments to the Statute;
- the crime of aggression (which is not yet defined by the Statute); and
- assistance of defence counsel.
1. INTRODUCTION
1.1 Overview of the ICC
The attainment, in July 1998, of a Statute for a permanent International Criminal Court (ICC) with the power to investigate and prosecute those who commit genocide, crimes against humanity and war crimes, represents a significant achievement for the world community. Of the 160 or so States that assembled in Rome for the United Nations conference that finalised and adopted the Statute for the ICC (Rome Statute), 120 voted in support of the Statute's final text. The creation of the Court will therefore represent the realisation of a strong consensus among States - a remarkable feat, considering the various interests and legal systems that contributed to the process, as well as the fact that the General Assembly had first addressed this question some 50 years ago.
The ICC, once operational, will not only be a principal means of combating impunity, but will also contribute to the preservation, restoration and maintenance of international peace and security. More than 90 State governments have already signed the Statute, and the number of ratifications is growing steadily. The Statute will enter into force once it is ratified by 60 States.
The place of the ICC in the international legal system
The ICC will fill a significant void in the current international legal system. It will have jurisdiction over individuals, unlike the International Court of Justice which is concerned with issues of State Responsibility. Furthermore, unlike tribunals that have been established by the Security Council on an ad hoc basis, such as the International Criminal Tribunals for the former Yugoslavia and for Rwanda (ICTY/R), the jurisdiction of the ICC will not be restricted to dealing with crimes committed in one specific conflict or by one specific regime during one specific time period, and will be able to act more quickly after an atrocity has been committed. However, the ICC will only have jurisdiction over crimes committed after it has come into existence
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