In the worst of cases, such processes do harm by facilitating or condoning such violence, and in many other cases do harm by failing to fully recognize and respond to the experience of women. The ratification process for the ICC is an aspect that can support and facilitate the reform efforts around discriminatory domestic laws and procedures. Ratification of treaties requires that domestic laws and procedures be in conformity with the treaty ratified. For some treaties, implementing legislation is required. For others, the treaties can be considered self-executing, meaning they have effect upon completion of the State s ratification process.
Some countries require implementing legislation as a matter of course whenever a treaty is ratified.
The Rome Statute is somewhat rare in that it criminalizes certain conduct which many countries have not had occasion to address in their criminal codes. In addition, it sets up a mechanism to investigate, prosecute and punish such conduct that is poised in a delicate balance to national mechanisms. Additionally, the Court s jurisdiction in any given situation will only arise when a state fails the test set out in the statute, known as complimentarity. Under this principle, the Court can only accept a case if it can be shown that the national system is unwilling or unable to genuinely carry out the investigation or prosecution. Thus, States Parties to the Rome Statute will have to ensure that laws and procedures are in place that will enable them to fully address and respond to situations over which the ICC would otherwise have jurisdiction.