(article 11).
As a treaty-based institution, the ICC will have a unique relationship with the United Nations system. Unlike the ICTY/R, the ICC is not a creation of the Security Council, nor will it be managed by the UN General Assembly. Yet it will be based in the Hague and will receive some financial support from the UN, particularly when the Security Council refers matters to it for investigation (articles 3, 13(b) & 115(b)). The exact relationship between the ICC and the UN will be detailed in a special agreement that will be negotiated and approved by the ICC Assembly of States Parties (article 2). This Assembly, comprising representatives from each State Party, will also be responsible for making decisions on such matters as the administration and budget of the Court, as well as on future amendments to the Statute (article 112). The expenses of the Court and of the Assembly of States Parties will be paid from the funds of the Court, which will be provided by States Parties on an agreed scale of assessment, as well as by the UN and any voluntary contributors (articles 114 - 116). Thus, States Parties to the Rome Statute will have a significant role to play in the management of the ICC. If the Court is to realise its potential, it must be aided by States to enforce the existing rules, laws and norms that prohibit serious crimes of concern to the international community as a whole.
However, the ICC is intended to complement, not substitute national criminal justice systems. This principle of complementarity ensures that the Court will only intervene in cases where national courts are unable or unwilling to initiate or conduct their own proceedings (these circumstances are carefully defined in the Statute, article 17(1)). The Court will not therefore encroach on an individual State's jurisdiction over crimes covered by the Statute.
How the ICC will function
Article 5 lists the crimes that will be within the jurisdiction of the Court: genocide, crimes against humanity, war crimes, and the crime of aggression. Article 6 provides that the crime of genocide will be defined in the same way for the purposes of ICC prosecutions as it is currently under article 2 of the Genocide Convention 1948. Both crimes against humanity (article 7) and war crimes (article 8) have been carefully defined in the Statute to incorporate crimes from different treaty and customary sources, which 120 States at the Rome Conference agreed were "the most serious crimes of concern to the international community as a whole" (article 5). The Court will have jurisdiction over all the crimes except aggression once the Statute enters into force. Articles 5(2), 121 & 123 together provide that the Court will have jurisdiction over the crime of aggression when a suitable definition is accepted by a two-thirds majority of all ICC States Parties, at a Review Conference to be held seven years after the entry into force of the Statute. The provision on the crime of aggression must also set out the conditions under which the Court may exercise jurisdiction over this crime, which must be consistent with the Charter of the United Nations.
The procedural provisions of the Rome Statute have been drafted to create an optimal balance between the following priorities:
(i) the need for an independent, apolitical, representative international Court, which can function efficiently and effectively to bring to justice those responsible for the most serious crimes of concern to the international community as a whole;
(ii) the right of States to take primary responsibility for prosecuting such crimes if they are willing and able;
(iii) the need to give victims of such crimes adequate redress and compensation;
(iv) the need to protect the rights of accused persons; and
(v) the role of the Security Council in maintaining international peace and security, in accordan
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