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may be commenced in theiccby the icc prosecutor under
judges within the icc theiccprosecutor is otherwise unable to
in the icc by theiccprosecutor under the control of
safeguard is that if theiccprosecutor wished to initiate an
chamber of judges within theiccthe icc prosecutor is otherwise
rome statute states that theicccan take action only when
rome statute provides that theiccmay determine that a case
handing them over to theiccto take proceedings the rome
rome statute provides that theiccwill proceed in the case
rome statute says that theiccwill take action only where
properly itself objects to theicccontinuing with a prosecution or
its investigation and prosecution oficccrimes the general pattern in
to provide assistance to theiccin its investigation and prosecution
take up the prosecution theiccmight believe that that system
we avoided referring to theicctaking over a prosecution as
terms to those in theiccstatute as well as creating
allow for the incorporation oficcstatute crimes into domestic law
and is written into theiccstatute however it is subject
incorporates the offences in theiccstatute into scots domestic law
criminal proceedings one in theiccand the other in the
the matter dr brown theicccan commence proceedings at any
court s proceedings if theicccarries on with its proceedings
brings us back to theiccconsidering whether the national proceedings
its own proceedings if theiccconsiders that a state is
dr brown said that theicccould initiate proceedings while the
in proceedings at which theiccmust claim its jurisdiction if
the national legal system theiccmust determine whether proceedings reach
is that by incorporating theiccoffences into domestic law proceedings
time it is conceivable thaticcproceedings could start after national
there is any question oficcproceedings i would not expect
chamber of the icc theiccwill decide about its proceedings
policy memorandum suggests that theiccwould take over proceedings in
completed the proceedings in theiccwould undoubtedly be subject to
the appeal chamber of theiccthe icc will decide about
scotland those individuals who commiticccrimes within the jurisdiction of
device to try to avoidiccjurisdiction it is a difficult
within the jurisdiction of theiccms macdonald would it not
the accused objects to theicccontinuing on the basis that
the trial itself could theiccbe challenged because the nation
with a trial before theicccan say that it should
presumption of innocence during anicctrial i would not expect
when it comes to theicctrial in other words the
opened the possibility that aniccfugitive could avoid being surrendered
avoid being surrendered to theiccif a court agreed with
as it is for theiccto determine the period that
people s confidence in theiccdr brown the test for
other countries confidence in theiccif they took a similar
that extent confidence in theiccmight be undermined in that
potential detention in scotland oficcprisoners who are sentenced at
to be levied and foriccprisoners who are sentenced by
pursuant to such a detentioniccprisoners who serve a sentence
example in the incorporation oficcoffences into domestic law that
requirements for either national oriccdecisions to be reported however
will be reported and theiccdecisions will almost certainly go
humanitarian terms operates will theiccs decisions be merely persuasive
put on the web theiccs decisions will be very
the national court and theiccseparately to decide whether their
serve their sentences which theiccwill decide is it possible
i would not expect theicceven to contemplate the commencement
tribunals we should expect theiccin dealing with such questions
national legal system and theiccdr brown said that the
an accusation dr brown theiccwould not take over national
law and co operation withiccinvestigations they also allow for
gone into ensuring that theiccwill be a court in
that is issued by theiccand interprets certain terms that
to be commenced in theiccif a state that thinks
state to agree with theiccwhether a prisoner should come
system is genuine if theicctakes the view that what
majority of cases for theiccto take a different view
is a matter for theiccwhich will take a view
matter of years ahead theiccis working on the assumption
case might go to theiccfor the convenience of witnesses
very deliberately so that theiccwould take the decision on
it will be but theiccmight be unhappy about a
be some business for theiccbut exactly how much will
being spent on creating theiccbut will it have a
one would hope that theiccs existence will lead to
to the result in theiccthe accused will still be
it will be for theiccto examine what is going
is optional however if theiccwhich will not have prisons
our eyes to that theiccwill be able to use
that the establishment of theiccwill be held up if
there a risk that theiccwill be undermined by not
ultimately the question for theiccwill be whether it has
it is envisaged that theiccwill step in only where
will be concerned with theiccwill want to be seen
completely clean sheet in theiccif he is being tried
if they went before theicci do not understand that
would be regarded by theiccas indicating anything about the
an important point would theiccbe able to say we
judgments which would give theiccclout at the same time
or four years ago theiccwould be in existence now
freezing of the proceeds oficccrime the detail of those
of individuals wanted by theiccthe arguments for including those
until proved guilty before theiccthe convener but under scots
have ratified the treaty theicccannot be established why are
orders for the proceeds oficccrime we need to be
in such cases does theicchave the power to announce
where a request from theiccappears to require the exercise
to say anything about theiccs work load with any
deals with assistance to theiccin order to ratify the
of the sort that theiccis to deal with ms
that are issued by theiccagainst the convicted person although
privileges and immunities to theiccand perhaps more significantly that
the idea for a permanenticcgoes back as far as
by the courts when theicchears trials and reports them
a key function of theiccis to act as a
of them what is theiccs expected work load there

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