The International Criminal Court and the Traditional Principles of International Cooperation in Criminal Matters

2000 ◽  
Author(s):  
Kai Ambos
Keyword(s):  
International Cooperation ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
Criminal Matters

Part 9 International Cooperation and Judicial Assistance: Coopération Internationale Et Assistance Judiciaire, Art.92 Provisional arrest/Arrestation provisoire

2016 ◽  
Author(s):  
Schabas William A
Keyword(s):  
International Cooperation ◽  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Court ◽  
The State ◽  
Coopération Internationale ◽  
Other Information ◽  
Judicial Assistance

This chapter comments on Article 92 of the Rome Statute of the International Criminal Court. Article 92 grants the Court authority, ‘[i]n urgent cases’, to request the provisional arrest of the person sought, pending presentation of the request for surrender and the documents supporting the request as specified in article 91. When a request is made to a State in accordance with article 92, the Registrar ‘invites’ the State to inform him or her of the arrest, and ‘to provide, inter alia’, personal details and other information concerning the arrest, including a confirmation of ‘the information given to the arrested person in respect of his or her rights’.

Part 9 International Cooperation and Judicial Assistance: Coopération Internationale Et Assistance Judiciaire, Art.96 Contents of request for other forms of assistance under article 93/Contenu d’une demande portant sur d’autres formes de coopération visées à l’article 93

2016 ◽  
Author(s):  
Schabas William A
Keyword(s):  
International Cooperation ◽  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Court ◽  
Legal Assistance ◽  
Coopération Internationale ◽  
Formal Mechanism ◽  
Judicial Assistance

This chapter comments on Article 96 of the Rome Statute of the International Criminal Court. Article 96 governs requests for legal assistance in accordance with article 93. It is broadly similar to article 91, which applies to the content of requests for arrest and surrender. Many of the same issues apply to both forms of request. It must also be read in conjunction with article 99, which applies to the execution of requests under articles 93 and 96. Formalities are established for requests for cooperation, in terms of the channel of communication and the language. Set out in article 87(1)(a), they apply to requests for legal assistance, including those contemplated by article 93. In urgent cases, a request may be made by any medium capable of delivering a written record, but it must subsequently be confirmed according to the formal mechanism.

Part 9 International Cooperation and Judicial Assistance: Coopération Internationale Et Assistance Judiciaire, Art.93 Other forms of cooperation/Autres formes de coopération

2016 ◽  
Author(s):  
Schabas William A
Keyword(s):  
International Cooperation ◽  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Court ◽  
Legal Assistance ◽  
Coopération Internationale ◽  
Expert Opinions ◽  
Judicial Intervention ◽  
Judicial Assistance

This chapter comments on Article 93 of the Rome Statute of the International Criminal Court. Article 93 requires States Parties to comply with requests by the Court to provide other forms of mutual legal assistance. The assistance is provided in accordance with national law. Where national law requires judicial intervention for its implementation, ‘domestic judicial authorities shall be engaged in the ordinary manner and in accordance with relevant procedures available under national law’. The forms of legal assistance include the identification and whereabouts of persons or the location of items; the taking of evidence, including testimony under oath, and the production of evidence, including expert opinions and reports necessary to the Court; the questioning of any person being investigated or prosecuted; and the service of documents, including judicial documents.

Part 9 International Cooperation and Judicial Assistance: Coopération Internationale Et Assistance Judiciaire, Art.86 General obligation to cooperate/Obligation générale de coopérer

2016 ◽  
Author(s):  
Schabas William A
Keyword(s):  
International Cooperation ◽  
Security Council ◽  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Court ◽  
Bilateral Agreements ◽  
Coopération Internationale ◽  
General Obligation ◽  
Judicial Assistance

This chapter comments on Article 86 of the Rome Statute of the International Criminal Court. Article 86 states the general obligation to ‘cooperate fully’ with the Court. This obligation to cooperate applies only to States Parties. If obligations to cooperate with the Court exist for non-party States, their source must be found elsewhere, for example in bilateral agreements or in Security Council resolutions. Indeed, Security Council resolutions have both confirmed that non-party States do not have any obligations under the Rome Statute and at the same time they have imposed obligations of cooperation on certain non-party States.

Part 9 International Cooperation and Judicial Assistance: Coopération Internationale Et Assistance Judiciaire, Art.102 Use of terms/Emploi des termes

2016 ◽  
Author(s):  
Schabas William A
Keyword(s):  
International Cooperation ◽  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Court ◽  
Legal Systems ◽  
Coopération Internationale ◽  
Judicial Assistance

This chapter comments on Article 102 of the Rome Statute of the International Criminal Court. ‘Extradition’ is a concept that raises difficult problems in national legal systems. For example, many States prohibit the extradition of their nationals. Article 102 attempts to address potential difficulties in this area by specifying that transfer of a person by a State to the Court is not ‘extradition’ but rather ‘surrender’. The drafters of the Rome Statute chose to use the term ‘surrender’ to govern the procedure of transfer of a suspect from a State to the Court so as to emphasize the sui generis nature of the process.

Part 9 International Cooperation and Judicial Assistance: Coopération Internationale Et Assistance Judiciaire, Art.97 Consultations

2016 ◽  
Author(s):  
Schabas William A
Keyword(s):  
International Cooperation ◽  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Court ◽  
Insufficient Information ◽  
Coopération Internationale ◽  
Treaty Obligation ◽  
Judicial Assistance

This chapter comments on Article 97 of the Rome Statute of the International Criminal Court. Article 97 identifies the types of difficulties that may arise with requests for cooperation that require consultation with the Court. The first is insufficient information to execute the request. The second is difficulty in locating the person, a matter relevant to a request for surrender. But a request to locate a person might also concern questioning of an individual or a suspect, and even service of a summons to appear. Finally, article 97 contemplates the possibility that execution of the request might require the requested State to breach a pre-existing treaty obligation. Use of the term ‘pre-existing’ in article 97(c) has nourished arguments to the effect that only treaty obligations adopted prior to entry into force of the Rome Statute may be invoked to resist requests for cooperation.

Part 9 International Cooperation and Judicial Assistance: Coopération Internationale Et Assistance Judiciaire, Art.87 Requests for cooperation: general provisions/Demandes de coopération: dispositions générales

2016 ◽  
Author(s):  
Schabas William A
Keyword(s):  
International Cooperation ◽  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Court ◽  
Coopération Internationale ◽  
General Rules ◽  
Judicial Assistance

This chapter comments on Article 87 of the Rome Statute of the International Criminal Court. Article 87 affirms the authority of the Court to make requests to States Parties for cooperation, and proposes a mechanism for non-compliance. It deals with the modalities of such requests and contemplates their application to non-party States as well as States Parties to the Rome Statute. Cooperation can be divided into two broad categories: surrender of suspects and ‘other forms of cooperation’ involving such measures as taking of evidence, questioning, and examination of places or sites. Article 87 establishes general rules applicable to requests for both categories of cooperation.

Part 9 International Cooperation and Judicial Assistance: Coopération Internationale Et Assistance Judiciaire, Art.91 Contents of request for arrest and surrender/Contenu de la demande d’arrestation et de remise

2016 ◽  
Author(s):  
Schabas William A
Keyword(s):  
International Cooperation ◽  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Court ◽  
The State ◽  
State Party ◽  
Coopération Internationale ◽  
Judicial Assistance

This chapter comments on Article of the Rome Statute of the International Criminal Court. Article 91 deals with the content of a request to a State for arrest or surrender of a person wanted by the Court. It consists of four paragraphs, of which the first addresses the contents of the request and any supporting documentation. The two subsequent paragraph distinguish between a request concerning a person for whom a warrant of arrest has been issued (paragraph 2) and one for a person who has already been convicted (paragraph 3). Paragraph 4 provides for consultations between the Court and the State Party.

scholarly journals Principles of cooperation between Ukraine and the International criminal court

Legal Ukraine ◽  
2020 ◽  
pp. 62-71
Author(s):  
Keyword(s):  
International Cooperation ◽  
International Criminal Court ◽  
International Criminal ◽  
International Community ◽  
Criminal Court ◽  
Crimes Against Humanity ◽  
Criminal Proceedings ◽  
Legal Norms ◽  
Great Achievement ◽  
Long Time

Ukraine’s recognition of the jurisdiction of the International Criminal Court will further require effective cooperation with this international judicial institution. Unfortunately, the current criminal procedure legislation is marked by significant shortcomings that hinder such cooperation. However, the Verkhovna Rada of Ukraine adopted the draft. The Law of Ukraine «On Amendments to Certain Legislative Acts of Ukraine Concerning Cooperation with the International Criminal Court» may radically change the situation. The establishment of the International Criminal Court has been a great achievement for the international community in the fight against the most serious crimes that threaten general peace, security and international cooperation. In exercising jurisdiction under the Rome Statute of 1998, the International Criminal Court may prosecute those responsible for genocide, crimes against humanity, war crimes and the crime of aggression, but certain procedural actions, such as arrest, whereabouts or items, searches, he can not carry out independently. In investigating, prosecuting and enforcing judgments, the International Criminal Court cooperates with States in investigating and gathering evidence, making arrests, transferring defendants and enforcing judgments. In this regard, it can be emphasized that the functioning and activity of such an international judicial body directly depends on the effective cooperation of states with it. In turn, the cooperation of states with the International Criminal Court in the field of international criminal proceedings should be based on legal norms and principles that will ensure the latter’s realization of its goals and objectives. The international community has long sought to establish a permanent international criminal court, but this issue has always been postponed for a long time due to differences. Key words: international judicial institution, International criminal court, grounds for international cooperation, transfer of a person, international agreement.

Part 9 International Cooperation and Judicial Assistance: Coopération Internationale Et Assistance Judiciaire, Art.99 Execution of requests under articles 93 and 96/Exécution des demandes présentées au titre des articles 93 et 96

2016 ◽  
Author(s):  
Schabas William A
Keyword(s):  
National Security ◽  
International Cooperation ◽  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Court ◽  
State Party ◽  
Coopération Internationale ◽  
Special Rules ◽  
Judicial Assistance

This chapter comments on Article 99 of the Rome Statute of the International Criminal Court. Article 99 completes articles 93 and 96 by providing for the execution of requests for assistance subject to those provisions. Paragraph 1 confirms that this will take place in accordance with applicable national law. Paragraph 2 states that when a request is urgent, the response should be sent urgently. Paragraph 3 concerns the language and form of the response. Paragraph 4 enables the Prosecutor to execute a request directly on the territory of a State Party. Paragraph confirms the application of special rules concerning national security in such situations.

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