r acceding to the Statute after the deposit of the 60th instrument, the entry into force of the Statute for such a State shall be the 1st day of the month following 60 days after its action of ratifying, accepting, approving or acceding to the Statute (article 126 (2)).
Reservations and declarations under the Statute
Under article 120, States can not make any reservations to the Statute. States Parties must accept the Statute as adopted by the Rome Conference.
However, article 124 of the Statute provides that a State may declare that upon becoming a party to the Statute, "for a period of seven years after the entry into force of this Statute for the State concerned, it does not accept the jurisdiction of the Court with respect to the category of crimes referred to in article 8 when a crime is alleged to have been committed by its nationals or on its territory." This provision is intended to allow States Parties sufficient time to train all their military personnel in the requirements of the Statute with respect to war crimes, as some of the provisions in the Statute may differ from existing international obligations.
Withdrawal from the Statute
Article 127 provides that a State Party may withdraw by giving a written notification to the Secretary General of the United Nations that it intends to withdraw from the Statute, taking effect one year from the date of the notification or at a later date if the State so declares. It should be noted that article 127 (2) outlines the obligations and duties of the State, which persist notwithstanding the notice of withdrawal and the actual withdrawal itself.
Settlement of disputes
Under Article 119, disputes which arise between two or more States Parties relating to the interpretation or application of the Statute should initially be settled through negotiations, if possible. If it cannot be settled in this manner within three months, the matter will be referred to the Assembly of States Parties, which may seek to settle the dispute itself, or make recommendations on further means of settlement of the dispute. The Statute gives the Assembly of States Parties the power to refer the dispute to the International Court of Justice "in conformity with the Statute of that Court" (article 119(2)).
Obligations
a) States may ratify, accept, approve or accede to the Rome Statute, as appropriate (article 125).
b) States may not make any reservations to the Statute (article 120), but they may make a declaration under article 124, which defers acceptance of the jurisdiction of the Court over war crimes within its jurisdiction, for seven years after entry into force of the Statute for the State concerned, when a war crime is alleged to have been committed by the State's nationals or on its territory.
c) States Parties wishing to withdraw from the Statute must follow the procedure, and continue to observe the relevant obligations and duties, as outlined in article 127.
Implementation
States will probably already have in place procedures to address all of these issues. The only provision that may differ significantly from other standard treaty provisions, is article 124 on the special case of war crimes within the jurisdiction of the ICC. States should note that the basic principles underlying the war crimes provisions of the Statute do not deviate markedly from existing humanitarian law treaty and customary law obligations. The main difference is that breaches other than "grave breaches" of the Geneva Convention are also criminalised under the Statute.
However, States should already have legislation proscribing such conduct as breaches of the laws of war, and military personnel should already be aware of these provisions. Therefore, most States are unlikely to
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