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"РИМСКИЙ СТАТУТ МЕЖДУНАРОДНОГО УГОЛОВНОГО СУДА" [рус., англ.] (Вместе с "ПОСОБИЕМ ДЛЯ РАТИФИКАЦИИ И ИМПЛЕМЕНТАЦИИ...") (Принят в г. Риме 17.07.1998 Дипломатической конференцией полномочных представителей под эгидой ООН по учреждению Международного уголовного суда)





onference were particularly sensitive to the need to address gender issues in all aspects of the Court's functions. The Statute includes important provisions with respect to the prosecution of crimes of sexual and genderbased violence. Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilisation, or any other form of sexual violence are defined as crimes against humanity and war crimes. The Court will be staffed with people knowledgeable in issues relating to violence against women, and there will be a fair representation of both female and male judges on the Court.

1.2 Purpose and Use of Manual

The Manual for the Ratification and Implementation of the Rome Statute (hereafter referred to as the Manual) has been developed to assist all interested States with the ratification and implementation of the Statute. Many States are currently preparing to ratify and implement the Statute, but may face legal and constitutional obstacles that prevent them from doing so quickly. Where States already have in place legislation relating to international legal assistance, the process of implementing the Rome Statute will probably be relatively simple. For other States, it may be more involved, and so this Manual attempts to address a range of different contexts for implementation.
The sections outlined herein highlight the obligations of States Parties to the Statute, and the features of the Statute that may affect approaches taken by States to ratify and implement the treaty. It has also been designed to provide guidance as to how States with different legal systems might implement their obligations into their national legal systems. Policymakers, government administrators and various criminal justice professionals may find this document particularly useful in assessing the Statute's overall and specific impacts on their respective jurisdictions. People working in the military context should also find this document helpful.
The Manual focuses on the following key areas: General Issues of Implementation; Specific Issues of Implementation; Complementarity; Broader State Obligations and Rights of States Parties; and Looking to the Future. It also includes a select bibliography. It is recognised 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.
Recent history has shown that genocide, crimes against humanity, and war crimes continue to occur in all regions of the world. It is hoped that this Manual will contribute to the work already being undertaken by organisations and individuals to contribute to the establishment of an effective ICC that will bring to justice and hold accountable those responsible for the most serious crimes known to the international community as a whole.

2. GENERAL ISSUES OF IMPLEMENTATION

As with any international treaty, States need to consider whether becoming a Party to the Rome Statute will require changes to be made to their national laws or administrative procedures, to enable them to meet all of their obligations under the treaty. For example, some legislative measures may need to be taken to ensure effective co-operation between States Parties and the Court during its investigations. If States already have national legislation pertaining to international legal assistance and extradition, there will be little difficulty to introduce these measures.
The purpose of this section of the Manual is to highlight the particular features of the Rome Statute that may affect the approach taken by States to ratify and implement the Statute. This section does not attempt a thorough analysis of the various approaches that are possible under the various legal systems of the world.
In general, when drafting implementing legislation, it is necessary to bear in mind that the



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