An Introduction To The International Criminal Court - Institute for ...

20 introduction to the international criminal court
been deposited. By 31 December 2000, when the signature process ended,
there were twenty-seven parties. By the third anniversary, the total stood at
thirty-seven. Significant delays between signature and ratification were to
be expected, because most States needed to undertake significant legislative
changes in order to comply with the obligations imposed by the Statute,
and it was normal for them to want to resolve these issues before formal
ratification. Specifically, they needed to provide for cooperation with the
Court in terms of investigation, arrest and transfer of suspects. Many States
now prohibit the extradition of their own nationals, a situation incompatible
with the requirements of the Statute. In addition, because the Statute is
predicated on ‘complementarity’, by which States themselves are presumed
toberesponsibleforprosecutingsuspectsfoundontheirownterritory,many
felt obliged to bring their substantive criminal law into line, enacting the
offences of genocide, crimes against humanity and war crimes as defined in
the Statute and ensuring that their courts can exercise universal jurisdiction
over these crimes. 64
The magic number of sixty ratifications was reached on 11 April 2002. In
fact, because several were planning to ratify at the time, the United Nations
organised a special ceremony at which ten States deposited their instruments
simultaneously. The Statute provides for entry into force on the first day of
the month after the sixtieth day following the date of deposit of the sixtieth
instrument of ratification. Accordingly, the Statute entered into force on
1 July 2002.
The Assembly of States Parties was promptly convened for its first session,
which was held on 3–10 September 2002. The Assembly formally adopted
the Elements of Crimes and the Rules of Procedure and Evidence in versions
unchanged from those that had been approved by the Preparatory Commission
two years earlier. A number of other important instruments were
also adopted, and plans made for the election of the eighteen judges and the
Prosecutor. Nominations for these positions closed at the end of November
2002, with more than forty candidates for judge but none for the crucially
important position of Prosecutor. Elections of the judges were completed
by the Assembly during the first week of February 2003, at its resumed first
session. In a totally unprecedented development for international courts
64 William A. Schabas, ‘The Follow Up to Rome: Preparing for Entry into Force of the International
Criminal Court Statute’, (1999) 20 Human Rights Law Journal 157; S. Rama Rao, ‘Financing of
the Court, Assembly of States Parties and the Preparatory Commission’, in Lee, The International
Criminal Court, pp. 399–420 at pp. 414–20; Bruce Broomhall, ‘The International Criminal Court:
A Checklist for National Implementation’, (1999) 13quater Nouvelles etudes pénales 113.