national prosecutions are asked to assist the ICC with one of its investigations, they will need to know about the different standards, in order to ensure that the evidence they collect is admissible and the way it has been collected does not reduce the chances of a successful prosecution (article 69 (7)). Nationals cannot be expected to know about the ICC requirements unless there is an effective publicity and information campaign connected with the new ICC legislation. In order to avoid a possible breach of a State's obligations, citizens need to be sufficiently well informed by State agencies.
2.3 Introduction of New Procedures
Many States will also need to introduce new procedures in certain areas, in order to ensure that they can meet their obligations under the Statute (article 88). The Statute covers a broad range of areas of administration, such as criminal procedure, proceeds of crime, witness and victim protection, mutual legal assistance, national security, dissemination of the rules of engagement in military law, and financial assistance to the Court. It will likely be necessary that a State do more than merely append the Rome Statute to a piece of legislation that makes it the law in the State. This will involve co-ordination between government departments and between the various branches of government as well as the military forces.
2.4 Federal Issues
The process of implementing ICC obligations may be more complicated for federations, as regional, state, and/or provincial laws may need to be changed by the appropriate authorities as well. It would be helpful to undertake consultations with all relevant authorities at an early stage, to ensure the widest possible support for effective implementation of ICC obligations. For example, many States could take advantage of existing inter-governmental and inter-departmental meeting schedules to discuss ICC issues.
2.5 Compatibility With Different Legal Systems
The ICC will conduct its proceedings according to a new international legal system, which draws upon a variety of well-established national criminal procedures. As such, it is a truly international criminal court, representing the traditions and values of a wide spectrum of participants. Even so, it is unlikely that any State will have to radically change its own criminal justice system in order to be able to assist the Court. Many of the standards for investigations and trial fairness required under the Rome Statute are adopted wholesale from international human rights instruments that have already been implemented in most countries, such as the International Covenant on Civil and Political Rights.
The most important thing is that whatever procedures are established under national laws to assist the ICC with its investigations and prosecutions, those procedures must respect the judicial guarantees of independence, impartiality and equality.
3. SPECIFIC ISSUES OF IMPLEMENTATION
This section of the Manual is intended to highlight the various forms of State co-operation that are detailed in the Statute, and to suggest ways that a State Party can ensure its ability to provide such assistance, as required. Each of the various types of co-operation outlined here may require a different approach to implementation, depending on the particular State's criminal procedures and existing mechanisms for international judicial assistance. Each section identifies various options for implementation that States may be able to use, according to their particular needs and requirements. It assumes that readers will be able to discern which issues are particularly relevant to their situation. For example, those States with mutual legal assistance legislation already in place will probably only need to make minor modifications to this legislation in order to be
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