l draft form by 30 June 2000. The Rules and any amendments thereto are to be adopted by a two-thirds majority of the Assembly of States Parties before they can take effect (article 51 (1)).
Once the Court is established, if the judges need to draw up their own provisional Rules in urgent cases, the Assembly can decide to adopt, amend or reject them at its next session (article 51(3)). Any amendments to the Rules cannot be applied retroactively to the detriment of an accused or convicted person (article 51 (4)).
These Rules must also be consistent with the Statute and, in the event of any apparent conflict, the Statute takes precedence over all Rules of Procedure and Evidence (article 51(5)).
The purpose of the Rules is to clarify some of the procedural matters covered in very general terms in the Statute. For example, the Rules will specify the exact time limits that are required under certain provisions of the Statute, such as in article 92 (3): "A person who is provisionally arrested may be released from custody if the requested State has not received the request for surrender and the documents supporting the request ... within the time limits specified in the Rules of Procedure and Evidence." Such provisions were drafted in this manner in order to expedite the process of negotiations at the Rome Conference, by leaving such issues to the States involved in drafting the Rules of Procedure and Evidence.
As their title suggests, the Rules will elaborate on procedures and evidentiary requirements for the Court's proceedings. States Parties may need to change some of their procedures when the Rules are adopted, in order to ensure that they can continue to co-operate fully with the Court, in accordance with articles 86 & 88.
Review of the Statute
Article 123 provides that the Secretary-General of the United Nations is to convene a Review Conference seven years after the entry into force of the Statute. At that Conference, the Assembly will consider any amendments to the Statute that have been proposed by States Parties, in accordance with article 121. The Assembly and the Secretary-General may then convene further review conferences, as required.
The Final Act of the Rome Conference recommended that the crimes of terrorism and international trafficking of illicit drugs should be considered for inclusion on the list of crimes within the jurisdiction of the Court. In addition, the definition and jurisdictional issues concerning the crime of aggression will be discussed at the first Review Conference.
Amendments to the Statute
Generally, making amendments to the Statute, amendments to the Rules of Procedure and Evidence and to the Elements of Crimes are some of the most important rights that will concern States who ratify the Statute or adhere to it. Because amendments may change the relationship with the Court established in the Statute, States Parties have specific rights and must follow detailed procedures for proposing amendments, as well as for agreeing to consider them for adoption in a meeting of the Assembly of States Parties, and for giving them effect. Therefore States Parties may wish to implement appropriate procedures in order to facilitate the exercise of these rights.
Amendment procedures
Generally, an amendment to the Statute can only be proposed seven years after the entry into force of the Statute (article 121(1)). In addition, it may only be proposed by a State Party, it must be circulated by the Secretary General of the United Nations to the States Parties, it may only be considered after a period of at least three months from the date of notification to the Secretary General and may not be considered for adoption unless a majority of the States Parties which are present and voting at the next Assembly of States Parties decide to take it up.
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