New legal and structural provisions As the Rome Statute stipulates assumption of jurisdiction on genocide, war crimes and crimes against humanity, it is necessary to define the acts falling under the three crimes referred to in the Statute word by word and make provision for punishments. For this, feedback can be taken from the practices of the states party to the Rome Statute that have adopted various modalities. • Include the crimes specified in the Rome Statute word for word in the Rome Statute Implementation Act and make provision for punishment in conformity with the provisions of the Statute, • Introduce the provision that the act will be applicable only in case of offences committed after becoming party to the Rome Statute, • In the provision on jurisdiction, introduce the provision for concurrent jurisdiction of the primary jurisdiction of the domestic court and that of the ICC, • Provision for independent investigation, prosecution, trial, punishment and review of crimes referred to in the Statute, • Provision for referring to the Court for taking action against an accused in various situations, • Provision for carrying out the subjects of the rights of the accused, increasing the gravity of punishment, apart from criminal liability, • Provision barring withdrawal of cases related to crimes under the Rome Statute Implementation Act, barring courts of the State Party from remitting the punishment given by the ICC or granting reprieve/pardon, • Provision for individual criminal liability, commander and superior officers being responsible, • Issue of participation of the victim in the judicial system, • Provisions related to protection and security of the victim and witness, • Provision of non-operability of the statute of limitation in cases of offences under the Statute, • Provisions relating to arrest. 150
Preparing to Implement the Rome Statute: A study of the laws and procedures in place in Nepal and need for reform