embers of armed forces and civilians. For example, police forces or non-State armed groups can commit crimes against humanity, as a civilian can participate in the recruiting of children, thereby committing a war crime. Therefore, States Parties willing to prosecute authors of ICC crimes should, most of the time, use their common law jurisdictions, except if their military tribunals have a sufficiently broad jurisdiction to cover crimes committed in times of peace and crimes committed by civilians.
The Special Character of Military Proceedings
In many States, proceedings before military tribunals are different than those before ordinary courts. Proceedings are sometimes more expeditious in military tribunals, and in some jurisdictions due process may not be guaranteed to the same extent as in ordinary criminal proceedings. Nevertheless, the ICC can not find admissible a case prosecuted by national jurisdictions unless the proceedings at the national level were undertaken with the aim of shielding the person from criminal responsibility or are being conducted in a manner inconsistent with an intention to bring the person concerned to justice. Thus, any military proceeding undertaken in good faith is highly unlikely to result in the ICC subsequently assuming jurisdiction over the same matter, just because the proceedings were expeditious. Military tribunals should be able to determine the criminal responsibility of an individual that is described by the Statute, taking into account as much as possible the definitions of the crimes, the means of defence, and the general principles of criminal law described by the Statute.
Military Justice and Practice
The Statute does not state explicit obligations for States Parties with respect to the conduct of their armies. Nevertheless, one of the aims of the Statute is to ensure a greater respect for the laws of armed conflicts and many ICC crimes are related to military practice. Thus, every prohibition resulting from the definitions of genocide, crimes against humanity and war crimes should be applicable to the members of the armed forces of the States Parties. Furthermore, the general principles of criminal law, and the defences established by the Statute should be incorporated in States' military codes. As prevention measures, States Parties should include in their military manual and adapt the training and the instruction of their troops, if necessary, in order to respect the prohibition of the use of certain arms stated by the Statute. The same should be done concerning the questions related to the superior orders defence.
5. RELATIONSHIP BETWEEN THE ICC AND STATES
5.1 Broader State Obligations and Rights of States Parties
Treaty Requirements
Description
The Rome Statute stipulates in article 126 that the International Criminal Court will come into existence on the 1st day of the month that follows the period of 60 days after the deposit of the 60th instrument of "ratification, acceptance, approval or accession". Thus, once 60 States have acknowledged their acceptance in the form required by their constitutional regime, the Statute will enter into force some 2 - 3 months later.
Signature of the Statute closes on December 31, 2000, as provided for in paragraph 1 of article 125. In order to become a Party, a State must either ratify, accept, approve or accede to the Treaty. The term "accession" usually means adhering to the treaty after its entry into force but may designate a specific process for a given State. A State wishing to ratify the Statute before the closure of the date for signature would normally sign it and then deposit its instruments of ratification, acceptance or approval with the Secretary General of the United Nations.
For a State ratifying, accepting, approving o
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