sions must be handed down in writing and contain reasons (article 74 (5)). Article 76 (4) provides that any sentence imposed must be pronounced in public and, wherever possible, in the presence of the accused. The Statute also allows for appeals against various decisions of the Trial Chamber, such as a decision to convict or to impose a particular sentence on a person (articles 81 - 84). All such appeals will be heard by the Appeals Chamber, which will be composed of the President and four other judges, in every instance (article 39). The Court may impose the following penalties on a convicted person:
(i) imprisonment for a maximum of 30 years; or
(ii) a term of life imprisonment when justified by the extreme gravity of the crime and the individual circumstances of the convicted person; and/or
(iii) a fine; and/or
(iv) forfeiture of the proceeds of that crime (article 77).
In addition, the Court may order the convicted person to pay reparations to victims, in the form of restitution, compensation or rehabilitation (article 75 (2)).
The Statute provides that the Court will have its own Rules of Procedure and Evidence, which will be finalised by the Assembly of States Parties (article 51). These will provide greater detail on the provisions in the Statute pertaining to the conduct of all ICC proceedings. For example, the Rules are likely to stipulate such practical matters as the factors that the Court must take into account when imposing a fine, the procedure for determining what reparations may be appropriate, and the time period for lodging an appeal.
The Court will rely on States to provide co-operation and assistance throughout the investigation, prosecution, and punishment process, as necessary (articles 86 - 103). States Parties are required to respond to requests for assistance from the Court, unless genuine national security interests would be threatened (article 72), and in certain other very limited circumstances. States Parties may also be required to help enforce fines and forfeiture orders or reparations orders (articles 75 (5) & 109). In addition, any State may volunteer to accept and supervise sentenced persons (articles 103 - 107). However, such States may not modify the sentence of the person, nor release the person before expiry of the sentence pronounced by the Court (articles 105 & 110).
Other important features of the Court
The Statute embodies a traditional concept of justice that provides for the prosecution and punishment of the guilty and obliges the Court to establish principles relating to reparation to, or in respect of, victims, including restitution, compensation and rehabilitation (article 75). Furthermore, article 79 provides that a Trust Fund will be established by decision of the Assembly of States Parties. The Fund will be managed according to criteria to be determined by the Assembly (article 79 (3)). The Court can decide whether to compensate victims through this Fund and it may order that money or other property collected through fines and forfeiture be transferred to the Fund (articles 75 (2) & 79 (2)).
The Statute goes beyond this and gives victims a voice - to testify, to participate at all stages of the Court proceedings and to protect their safety, interests, identity and privacy. Such inclusive participation reflects the principles of the 1985 UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, to be implemented by national judicial systems. The provisions of the Statute require the Court to provide these protections and rights in its proceedings (eg. article 68). The inclusion of these provisions in the Statute demonstrates the importance of victims in the whole process and it is hoped that the Court will provide an effective forum for addressing grave injustices to victims the world over.
The participants in the Rome C
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