nd has the authority to do so. These issues will be dealt with under a special regime that will be set out in the Rules, representing the views of all States Parties.
However, article 70 (4)(a) requires all States Parties to extend their criminal laws penalizing such offences, to include article 70 (1) offences where these are committed by their nationals or on their territory. Article 70 (4)(b) further provides that the Court may request a State Party to submit a particular case to the relevant national authority for the purpose of prosecution. States Parties are required to respond to such requests and to "treat such cases with diligence and devote sufficient resources to enable them to be conducted effectively". Thus, States Parties are expected to assist the Court in the prosecution of these offences, when requested.
It is not entirely clear how article 70 stands in relation to the other provisions of the Statute, in terms of other State co-operation requirements. Article 70 (2) states: "The conditions for providing international co-operation to the Court with respect to its proceedings under this article shall be governed by the domestic laws of the requested State." The Rules will likely clarify this provision. In the meantime, States Parties should try to ensure that any "conditions" they wish to impose on co-operation do not interfere with their ability to provide full co-operation to the Court with respect to these offences, in accordance with article 86.
Obligations
a) Article 70 (4)(a) requires every State Party to "extend its criminal laws penalizing offences against the integrity of its own investigative or judicial process to offences against the administration of justice referred to in this article, committed on its territory, or by one of its nationals".
b) States Parties must empower the appropriate authorities in their territory to prosecute these offences, whenever requested to do so by the ICC. Under article 70 (4)(b), those authorities are required to "treat such cases with diligence and devote sufficient resources to enable them to be conducted effectively."
c) States Parties should also provide full co-operation to the Court in the investigation and prosecution of these offences, in accordance with articles 70 (2) & 86, and the domestic laws of the requested State.
Implementation
a) Options for penalising offences
(i) Extend existing national legislation to include offences against the administration of ICC justice
Most, if not all, States Parties will already have legislation in place that creates offences against the administration of justice within their own legal systems. For example, such activities may be proscribed under the Criminal Code. Article 70 (4)(a) suggests that such legislation should merely be extended to include persons involved in ICC proceedings, in order to comply with the Rome Statute. Such persons would be (as both the subject and object of these crimes): accused persons appearing before the ICC, witnesses appearing before the ICC, and officials of the ICC. In addition, national offences involving interference with evidence should be extended to include evidence that is required for an ICC matter.
States Parties should ensure that their national legislation includes all of the offences listed under article 70 (1). The easiest way to do this is to reproduce the offences as they are expressed in the Rome Statute. The legislation must have both territorial and extraterritorial application, so that States Parties can prosecute such offences when they are committed by both nationals and non-nationals on the State's territory, and so that nationals can be prosecuted in the State for acts they commit while at the Court, or elsewhere outside the State. Under article 70 (4), States Parties must criminalise these offences on their territor
> 1 2 3 ... 226 227 228 ... 303 304 305
Zaki.ru законы и право
поиск по сайту
каталог документов
добавить сайт Zaki.ru в избранное
Правовые акты международные
Правовые акты Российской Федерации
