ould be taken seriously by States Parties. After all, any kind of impropriety on the part of those participating in ICC proceedings could bring the whole Court into disrepute, and reduce its potential deterrent effect.
States Parties should therefore ensure that sufficient financial and human resources would be available to the various sectors of their criminal justice system that would be involved in investigating and prosecuting such crimes, and supervising those convicted of such offences. However, it is unlikely that prosecution of these crimes will require many resources, as such crimes will rarely be committed in most States. States may wish to undertake an information campaign, to ensure that all relevant persons know of the new offences and the maximum penalty, and give them due consideration. This would help to reduce the incidence of such crimes.
d) Enforcement of sentences
States Parties should also consider making provisions for enforcing the sentences of persons convicted of these offences by the ICC. This is not mentioned in the Statute, however, the Court will have limited detention facilities and will rely on States to accept and supervise all sentenced persons in accordance with the principles set out in Part 10 of the Statute.
e) Co-operation measures
States should have legislation and procedures in place to enable them to provide co-operation to the ICC for article 70 offences. Such co-operation may include surrendering nationals to the Court, and providing evidence to support and/or rebut the claim that the alleged crime has taken place. The conditions for providing such co-operation can be governed by the national laws of the requested State (article 70 (2)), while still enabling the State to "co-operate fully", in accordance with article 86. The legislation and procedures could be much the same as for other criminal investigations and prosecutions by the ICC.
3.3 Procedures Where the ICC Wishes to Investigate the Same
Matter as a State Party
Description
Because the ICC is intended to be complementary to national criminal jurisdictions, the general rule is that the ICC cannot assume jurisdiction and thus will not investigate or prosecute if a State Party is already investigating or prosecuting the same case. However, not all States may be able to carry out a full investigation, particularly if they are involved in an armed conflict at the time, which has caused their judicial system to collapse. The drafters of the Statute were also concerned about the possibility that some States may hold "sham" trials, which would not satisfy the interests of international justice. Therefore, the Statute sets out some procedures that allow the Court to seek information from States on some of their investigations and prosecutions, to ensure that the Court is not duplicating the genuine efforts of States to prosecute crimes within the jurisdiction of the Court, and to allow the Court to monitor any investigations or prosecutions about which it has concerns. The conditions under which the Court will assume jurisdiction are set out in article 17, which is discussed further in section 4 on "Complementarity".
Relevant procedures under the Statute
Once a situation requiring the ICC's attention has been referred to the Court, or the ICC Prosecutor has identified the apparent commission of an ICC crime, the ICC Prosecutor needs to determine that there would be a reasonable basis to commence an investigation (articles 13 - 15). The Prosecutor must request the ICC Pre-Trial Chamber to authorise any investigation that is initiated by the Prosecutor proprio motu (article 15 (3)). At that stage, or once the Prosecutor has initiated an investigation based on a referral by a State Party, all States Parties must be notified (article 18 (1)). The Prosecutor must also notify an
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