DC/RAP/RAT/D.A

SADC Workshop on Ratification of the Rome Statute of the

International Criminal Court

Pretoria, 5-9 July 1999

ICC Ratification Kit - MODEL Enabling Act

A BILL

ENTITLED

[Long Title]

An Act to provide for the prevention and punishment of genocide, crimes against humanity and war crimes, to give effect to the Rome Statute of the International Criminal Court done at Rome on the Seventeenth Day of July, One Thousand Nine Hundred and Ninety-Eight; and for purposes connected therewith or incidental thereto.

WHEREAS the (Country) has ratified the Rome Convention of the International Criminal Court;

AND WHEREAS it is necessary that the Statute of the International Criminal Court should have effect in (Country)

NOW THEREFORE be enacted by the Parliament of (Country) as follows ENACTED by the Parliament of (Country)

PART I

Short Title

1. This Act may be cited as the International Criminal Court Act, 1999, and shall come into operation on such a date as the Minister may appoint by notice published in the Gazette.

Interpretation

2. In this Act, unless the context otherwise requires-

"Court" means the International Criminal Court established by the Rome Statute of the International Criminal Court;

["High Court"] means the [High Court] of the [Country]

"Statute" means the Rome Statute of the International Criminal Court set forth in the Schedule.

Extent of Application

3. Subject to the provisions of this Act, the provisions of the Rome Statute of the International Criminal Court set out in the Schedule shall have effect in (Country).

and/or

[3bis. The ratification by the Government of (name of Country) of the Statute is hereby approved and ratified.]

Sitting of the Court, privileges and immunities

4. (i) The Court may sit in (Country), in such place or places as may be determined by the designated authority in consultation with the Court. (ii) The Court shall enjoy such immunities and privileges as are necessary for the fulfilment of its purposes.

(iii) The Judges, the Prosecutor, the Deputy Prosecutors and the Registrar shall be accorded immunities and privileges as accorded to the Head of a Diplomatic Mission in accordance with the [Diplomatic Immunities and

Privileges Act](1).

PART II

NB: The provisions of this part may be dispensed with if amendments are effected to the Penal Laws or if the Statute is directly applicable (e.g., Namibia).

Offences and Jurisdiction

5. (i) Any person who commits any of the crimes specified in Articles 6, 7 and 8, and the offences under Article 70 of the Statute shall be liable on conviction-(a)in the case of crimes under Articles 6, 7 and 8 to ... (specify penalty); or

(b) in the case of offences under Article 70 to ... (specify penalty).

(ii) Any person who commits any of the crimes specified in Articles 6, 7 and 8 outside (name of the Country) may be prosecuted and punished for that crime in (name of the Country) as if the crime had been committed in (name of Country).

(iii) Proceedings for an offence under this section shall not be instituted except by or on behalf of the Director of Public Prosecutions.

(iv) The Director of Public Prosecutions or any person acting on his/her behalf shall, consistent with the provisions of the Statute, inform the Court of any proceedings in (name of Country) undertaken pursuant to this Part,

Jurisdiction

6. (i) Any person charged with a crime or an offence under this part shall be tried by (name of the designated national Court[s]).

(ii) Nothing under this Section shall be construed so as to exclude the jurisdiction of a [Court Martial] convened under the (name of relevant "Defence Legislation").

No Limitation of Action

7. Any crime referred to under Section 5 shall not be subject to the limitations under (give name of relevant Statute of Limitations).

PART III

CO-OPERATION WITH THE COURT

Areas of Co-operation

8. The relevant competent authorities shall, in accordance with the provisions of the Statute, render assistance to the Court

(a) in the identification and location of persons or items within the jurisdiction sought pursuant to the Statute;

(b) in taking of evidence, including testimony under oath the production of evidence, including expert opinions and reports necessary to the Court;

(c) in the questioning of persons being investigated or prosecuted;

(d) in the arrest and surrender of a person in relation to whom the Court has issued a warrant of arrest or of provisional arrest;

(e) in the service of documents;

(f) in the facilitation of the voluntary appearance of persons as witnesses or experts before the Court;

(g) in the temporary transfer of a person consistent with article 93 paragraph 7 of the Statute;

(h) in the examination of places or sites, including the exhumation and examination of grave sites;

(i) in the execution of searches and seizures;

(j) in the provision of records and documents, including official records and documents;

(k) in the protection of victims and witnesses and in the preservation of evidence;

(l) in the identification, tracing and freezing or seizure of proceeds and assets and instrumentalities of crime for the purpose of eventual forfeiture;

(m) in the execution of sentences imposed by the Court;

(n) in arranging for the Court to sit in (Country); and

(o) in the provision of any assistance, as the Court may request, necessary for the fulfilment of its functions under the Statute.

Requests of the Court

9. Any request under this part shall be made to the [Attorney General] [Minister of Justice] or a person authorised by him.

Requests to comply with Statute

10. (i) Requests for assistance pursuant to this part shall as appropriate be consistent with article 96 of the Statute and, unless otherwise prohibited by any written law, the execution of such requests shall be consistent with the provisions of Article 99 of the Statute.

(ii) Where it is not feasible to comply with a request of the Court, (the Attorney General) or any person authorised by him shall consult the Court with the view to resolving the matter.

ARREST AND SURRENDER OF PERSONS TO THE COURT

Persons sought by Court

11. (1) Any person sought by the Court pursuant to the relevant provisions of the Statute shall be proceeded against in accordance with the Statute, that is to say, Articles 59, 89, 90, 91 and 92 of the Statute in respect of surrender and provisional arrest.

(ii) Where (the person designated under this Act) receives a warrant issued under the provisions of the Statute, he shall make application to the competent court for the endorsement of that warrant for execution anywhere in (country).

(iii) Where (the person designated under this Act) receives a request for provisional arrest under the provisions of the Statute, he shall make application to the competent court for the issuance of a warrant of arrest.

(iv) An application under subsections (ii) and (iii) shall be made by a notice in writing and shall be accompanied by all relevant documents received from the Court in accordance with the Statute.

(v) Where the (national court) receives a warrant in accordance with subsection (ii) and is satisfied that subsection (i) is complied with, the (national court) shall endorse the warrant for execution in (Country).

(vi) Any statement or documents submitted in support of a request for surrender shall be admissible in evidence in any proceedings in (Country) provided the (specify competent Court) is satisfied that such statements or documents are properly made pursuant to the provisions of the Statute. A certificate by or on behalf of the [Attorney General] [Minister of Justice] shall be conclusive evidence of compliance with the relevant provisions of the Statute.

Voluntary surrender

12. The provisions of this part shall not be interpreted as precluding any voluntary surrender of the person sought by the Court.

PART IV

ENFORCEMENT (PART 10 OF THE STATUTE)

Sentence of Court

13. (i) Without prejudice to the provisions of section 15, any sentence imposed by the Court shall be enforced in this Country as if such sentence was imposed by a court of competent jurisdiction in the Country.

(ii) The [relevant authority] shall give effect to fines or forfeitures ordered by the Court in accordance with the provisions of Article 109 of the Statute.

Awards under Article 75 of the Statute

14. Without prejudice to the rights a person may have under any written law, where an order under Article 75 of the Statute is enforceable in (Country), such orders shall be treated as an order made by a court of competent jurisdiction in the Country.

Supervision /revision of sentence

15. Supervision and review of the sentence shall be subject to the provisions of Articles 106 and I 10 of the Statute.

PART V

MISCELLANEOUS

Transit of person in (Country)

16. (i) Any person entering or passing through (country) in custody by virtue of any warrant or order lawfully issued by the Court shall be deemed to be in lawful custody if the (relevant authority) has, at the request of the Court, authorised such passage in custody.

(ii)A certificate by (relevant authority) that any such warrant or order was lawfully issued shall be conclusive proof of the fact.

Regulations

17. The [relevant authority] may make regulations, not inconsistent with this Act and the Statute, which may be necessary for giving effect to this Act and the Statute.

Schedule

Text of

The Rome Statute of the International Criminal Court

(1)Possible additional paragraph:

"(iv) The Legal Counsel, witnesses and experts shall enjoy immunities from criminal or civil prosecution in relation to words spoken, written and things done or any other evidence given to the Court."

Consideration shall also be given to extending privileges and immunities to members of staff of the Court as envisaged under article 48 of the Statute.