Rome Statute : Rules of appeal procedure

1. Rome Statute : Rules of appeal procedure RULES BOARD FOR COURTS OF LAW

2. Rome Statute : Rules of appeal procedure Background • The International Criminal Court (ICC) was established in Rome in 1998 under the Rome Statute of the International Criminal Court . • In 2002 the Implementation of the Rome Statute of the International Criminal Court Act, 2002 (Act No 27 of 2002) was brought into law in SA. • The Preamble to Act 27 of 2002 captures inter alia that: (a) The Republic of South Africa has a history

3. Rome Statute: Rules of appeal procedure Background continued of atrocities ; (b) South Africa is committed to bringing persons who commit such atrocities to justice, pursuant to its international obligation to do so, when it became a party to the Rome Statute of the International Criminal Court; (c) South Africa is committed to carrying out its obligation in terms of the said Statute . • Under Act 27 of 2002 “the statute” means ‘the Rome Statute of the International Criminal Court…’

4. Rome Statute: Rules of appeal procedure Jurisdiction of ICC and SA • Article 5 of the Rome Statute, 1998 confers jurisdiction on the ICC over: (a) the crime of genocide (b) crimes against humanity (c) war crimes (d) the crime of aggression • Chapter 4 of Act 27 of 2002 provides for: (a) cooperation with and assistance to the ICC (b) handling of persons arrested for surrender to the ICC

5. Rome Statute: Rules of appeal procedure Order for surrender and appeal • A person arrested for surrender to the ICC must be brought before a magistrate . • A person who has been arrested and against whom a magistrate has made an order for surrender to the ICC is entitled to appeal to the High Court under section 10(8) of Act 27 of 2002 . • Section 10(8) entitles the National Director of Public Prosecutions to appeal against the refusal by a magistrate to make an order for surrender to the ICC of an arrested person.

6. Rome Statute: Rules of appeal procedure Rules of Appeal Procedure • Section 10(8)(g) of Act 27 of 2002 provides that the Rules Board for Courts of Law must make and implement rules of procedure which provide for the expeditious and urgent finalisation of an appeal under section 10 . • The Rules Board for Courts of Law has therefore, in terms of section 10(8)(g) of Act 27 of2002, made Rules of Appeal Procedure to regulate appeals to the High Court by:

7. Rome Statute: Rules of appeal procedure Rules of Appeal Procedure continued (a)a person against whom an order for surrender to the ICC has been made and (b) the NDPP who wishes to appeal against the refusal of a magistrate to make an order for surrender of an arrested person to the ICC

8. Rome Statute: Rules of appeal procedure Approval and gazetting of the Rules • Section 6(1) of the Rules Board for Courts of Law Act, 1985 provides that rules made by the Rules Board for Courts of Law must be approved by the Minister. • Section 10(8)(h) of Act 27 of 2002 provides that any rule made under paragraph (g) of Act 27 of 2002 must, before publication in the Gazette, be approved by Parliament.

9. Rome Statute: Rules of appeal procedure Current status of the Rules • The Rules of Appeal Procedure made under section 10(8)(g) of Act 27 of 2002 have been approved by the Minister and the National Council of Provinces . • The approval of the National Assembly is required before the Rules may be gazetted in accordance with section 10(8)(h) .

10. Rome Statute: Rules of appeal procedure • Implementation of the Rome Statute of the International Criminal Court Act 27 of 2002 pages 1 - 11 • Draft Rules of Appeal Procedure pages 12 - 20

11. Rome Statute: Rules of appeal procedure Thank you rajdaya@justice.gov.za jbalkishun@justice.gov.za