Research Of The Implementation Of Rome Statute In States Parties

Rome Statute of the International Criminal Court, as we called Rome Statute, is an international convention which legislated by states for building international criminal court , punishing the most serious crimes, protecting the basic benefits of human beings. Rome Statute went into force in July the First, 2002. Till January 2007, there're 139 countries which has already signed the Rome Statute, including 104 states which ratified the Statute and be the states parties of Rome Statute. Rome Statute punishes three kinds of most serious crimes on the international plane: genocide, crimes against humanity and war crimes (Because there're no agreements of the crime of the aggression, the punishment to aggression is just in theory). For this purpose, Rome Statute builds up the construction and operation of International Criminal Court, regulates the definitions of crimes,available laws and the implementation of penalties of the crimes, is on the top of international criminal law. States parties all make new legislations, in order to implement Rome Statute and insure the realization of the purpose of Rome Statute. There're a lot of questions in implementation because of the complexity of the statute and diversity of the states parties:First, general question of implementation, including that: If there needs national legislation; And if there needs an uniform code;Second, concrete questions of implementation, including:1. How to give staff of International Criminal Court and other relative people diplomatic immunities;2. Definitions of the crimes;3. Jurisdiction of International Criminal Court;4. Procedures and relative laws;5. Penalty and execution;6. Amnesty;7. Cooperation between states parties and International Criminal Court.This Article analyzes the implementations in Germany, Canada, Britain, Australia, South Africa and Cambodia, and finds some general principles: If states parties always focus on their national sovereignties in the implementations, they usually legislate collectively, try to turn the crimes of Rome Statute to the crimes of national legislation, these countries want to implement Rome Statute by their national law. If the states emphasize the cooperation with International Criminal Court, they usually legislate separately, and may make a special law for the cooperation. Besides the two, there's another kind of countries, they not only turn the crimes of Rome Statute to the crimes of national legislation, but also make a special law for the cooperation, they try to protect their national sovereignties and perform their obligations of Rome Statute.After analyze the implementation, this article studies the behavior that some states parties damage the Rome Statute, conclude bilateral immunity treaties (as we called"No.98 treaty") with the U.S.A, then this article researches the effect of the"No.98 treaty".