ocess of preparing for ratification, such as Belgium. Members of the Southern African Development Community have also prepared an ICC Ratification Kit, which includes a Model Enabling Act.
There is another advantage to States in ratifying the ICC Statute quickly - once 60 States have ratified, the Assembly of States Parties can be formed, comprising representatives of those 60 States, plus any that ratify subsequently (article 112). At the initial meetings of the Assembly, many important decisions on the administration of the ICC will be made, such as electing judges and prosecutors, deciding on the budget of the Court, and so on. These meetings will also be the forum for the adoption of the Rules of Procedure and Evidence for the Court, and the Elements of Crimes, which will play a crucial role in the effectiveness of the Court. Therefore, the first 60 States to ratify will have the opportunity to contribute significantly to the future direction of the Court.
States that have signed the Rome Statute or the Final Act, but not ratified the Rome Statute, will be given observer status and will not be entitled to vote in the Assembly until they have ratified (article 112). Those States that have not signed either the Statute or the Final Act should note that the Statute will not be open for signature beyond 31 December 2000 (article 125(1)). They will not be entitled to observer status at the Assembly of States Parties, unless they sign and/or ratify the Statute before then.
Reversing the usual order
Some States in Europe and Africa are considering reversing the usual order of their particular ratification and implementation processes, in order to ratify the Statute more quickly than is usual. In this way, they hope to speed up the creation of the Court. Under their constitutions, these States usually have to have implementing legislation prepared before they ratify a treaty. However, they have decided to ratify the Rome Statute first and then use the time between ratification and entry into force to draft and adopt implementing legislation. If States wish to ensure their place within the first 60 States Parties, they may wish to examine the feasibility of this approach.
2.2 Approaches to Implementation
As with any treaty, States may create a single piece of legislation that covers every aspect of implementation, or amend all relevant pieces of their existing legislation separately, in order to comply with the Statute. However, there are some special considerations worth taking into account when approaching the implementation of the Rome Statute.
States Parties will have a special relationship with the ICC, particularly in terms of providing judicial assistance. As such, there are some particular features of the ICC that may not lend themselves to being incorporated as amendments to existing arrangements for State-to-State co-operation. For example, there will be no grounds for refusal when a State is asked to surrender a person to the Court (article 89). This is clearly different from the usual extradition arrangements between States. Therefore, States may wish to draft new ICC-specific "surrender" legislation, instead of trying to adapt existing laws on extradition.
Most common law and other dualist jurisdictions will be familiar with the process of preparing the appropriate legislation, regulations, decrees, executive orders, or declarations, in order to implement international treaties. The exact form of the implementing law can be decided by each State, in accordance with its own hierarchy of laws. The most important thing is that this legislation implements all the elements of the Statute that are not self-executing.
In monist systems also, it is likely that the implementation of the Statute will involve some modifications to existing national laws. For example, every State must create technic
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