al mechanisms with which to co-operate with the Court and determine which State institutions or agencies will be competent to ensure co-operation with the Court. On the other hand, much of the substance of the Statute is a reflection of existing international law standards. If States have already implemented such standards, this may help to minimise the amount of implementing legislation required.
A single piece of legislation
Where a State chooses to introduce a single piece of legislation, or to annex the entire Rome Statute to a single piece of implementing legislation, it may be necessary to specify that such pieces of legislation take precedence over existing legislation, should there be a conflict between the ICC legislation and existing legislation. This will help to avoid potential breaches of a State Party's obligations. However, although the adoption of a unique law covering every aspect of the Statute is possible, some modifications or incorporations by reference will probably need to be made to some national laws, such as the code of criminal law and procedure, mutual legal assistance legislation, extradition laws, and human rights legislation, in order to recognise the special status of the Court.
Amending all relevant pieces of legislation separately
If a State chooses to amend all the relevant pieces of its legislation one at a time, it needs to recognise and highlight the distinct nature of the Court in some way, in order to give everyone in the State an accurate overview of the Court's role and purpose. For example, in many common law jurisdictions, most of the proposed legislation introduced into legislative assemblies may be viewed and commented upon by citizens either in writing or at special hearings. These special hearings could be organised in such a way that all the amendments related to the ICC are discussed at one time, if they are not all contained in the same amending bill.
Hybrid approach
Some States may be able to create a single piece of legislation that also effectively amends all the relevant pieces of legislation already in force. This is the approach taken by the Canadian Government in its Bill C-19 (to be known as the "Crimes Against Humanity Act"), which will implement Canada's obligations under the Rome Statute. This Bill is a mixture of completely new provisions and amendments to existing provisions in a wide range of Acts. Note, however, that the Bill goes well beyond the minimum requirements under the Statute. It has been drafted to address a number of concerns of a constitutional nature that will likely not arise in most other States. However, the list of Canadian Acts that will be amended by the Bill provides a useful checklist for other States of the types of national legislation that may need to be reviewed in order to implement the Rome Statute (this list is under the heading "Consequential Amendments" in the Bill): Citizenship Act, Corrections and Conditional Release Act, Criminal Code, Extradition Act, Foreign Missions and International Organizations Act, Immigration Act, Mutual Legal Assistance in Criminal Matters Act, State Immunity Act, and Witness Protection Program Act.
Dissemination of the requirements of the Statute
From a practical point of view, whether States introduce ICC-specific legislation, amend existing pieces of legislation separately, or use a hybrid approach, the changes to the law of the State will need to be disseminated widely once they come into force. This will ensure that all relevant personnel are aware of the changes that the new legislation may introduce into the law in their particular area of work. For example, the ICC may have different standards from those of national organisations for the collection of its evidence. If persons who normally assist with the collection of evidence for
> 1 2 3 ... 222 223 224 ... 303 304 305