ime to time. At present, a Preparatory Commission is drafting the Rules of Procedure and Evidence for the Court, which will provide more detail on many of the Statute's provisions (article 51). The Rules may also be amended once the Statute comes into force (article 51 (2)). These Rules are unlikely to require any legislative amendments at the national level, because the Rules must be consistent with what is already set out in the Statute (article 51 (4)). However, some national procedures might conceivably be affected by what is required under these Rules.
Seven years after the Statute comes into force, States Parties will be able to suggest amendments to the Statute itself (article 121). Therefore, States Parties need to have a mechanism to allow them to make the necessary adjustments to their laws and procedures over time, to ensure that vital evidence will not be excluded for lack of compliance with a new article or Rule, for example.
Obligations
States must be prepared to revise their legislation and procedures in future, in case this is needed to reflect any changes that are made to the Rome Statute or to the Rules of Procedure and Evidence.
Implementation
States Parties need to make provision for future amendments to their laws and procedures for co-operating with the ICC. One approach would be to ensure that any ICC-related legislation is not too difficult to amend. For example, it may create unnecessary barriers to implement the Rome Statute's provisions on State Co-operation as an Organic Law, requiring a special majority for any amendments. On the other hand, it may be appropriate to empower the relevant authority to make simple amendments or regulations at a later date, if need be, without necessitating further legislative approval.
It may be useful for States Parties to keep appraised of developments at the Preparatory Commission meetings that are continuing throughout 2000 and possibly 2001. The work undertaken at these meetings may have a significant impact on the future running of the Court. For example, the meeting in November / December 2000 will discuss the arrangements for the financing of the Court. Most of the material from these meetings is available on the internet (via the UN website: http://www.un.org/). However, there are often delays in posting these materials and many proposals at these meetings are made informally. Therefore States may need to organise a representative to attend these meetings, to ensure that they have the most up-to-date information on the procedural details that are currently being negotiated.
3.5 Responding to a Request From the ICC to Arrest
a Person
Overview of arrest procedures
There are three means by which the ICC can seek to have a person suspected of committing a crime brought before the Court:
1. Issuing an arrest warrant in accordance with articles 58, 89, & 91;
2. Issuing a provisional arrest warrant in accordance with articles 58 (5) & 92, in urgent cases where the required supporting documentation is not yet available; and
3. Issuing a summons in accordance with article 58 (7), where the Pre-Trial Chamber is satisfied that a summons is sufficient to ensure the person's appearance.
States are required to respond promptly to all requests to execute such warrants and to serve such summons in their territory (articles 59 (1) & 89).
The contents of requests for arrest and surrender are outlined in article 91. These include information describing the person sought and their probable whereabouts, plus a copy of the warrant of arrest. In addition, States can specify other documents and information that they require for their national laws, as long as these requirements are not more burdensome than the State's requirements for meeting a request for ext
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