Section 41p. 41

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

request

may

be

made

by any medium capable of

delivering a written record, provided that the request

shall be confirmed through the channel provided for in

article 87, paragraph 1 (a).

2.

The

request

shall,

as

applicable,

contain

or

be

supported by the following:

(a) A concise statement of the purpose of the request and

the assistance sought, including the legal basis and the

grounds for the request;

(b) As much detailed information as possible about the

location or identification of any person or place that must

be found or identified in order for the assistance sought

to be provided;

(c) A concise statement of the essential facts underlying

the request;

(d) The reasons for and details of any procedure or

requirement to be followed;

(e) Such information as may be required under the law of

the requested State in order to execute the request; and

(f)

Any

other

information

relevant

in

order for the

assistance sought to be provided.

3. Upon the request of the Court, a State Party shall

consult with the Court, either generally or with respect to

a specific matter, regarding any requirements under its

national law that may apply under paragraph 2 (e).

During the consultations, the State Party shall advise the

Court of the specific requirements of its national law.

4. The provisions of this article shall, where applicable,

also apply in respect of a request for assistance made to

the Court.

ARTICLE 97

Consultations

Where a State Party receives a request under this Part in

relation

to

which

it

identifies problems which may

impede or prevent the execution of the request, that

State shall consult with the Court without delay in order

to resolve the matter. Such problems may include, inter

alia:

(a) Insufficient information to execute the request;

(b) In the case of a request for surrender, the fact that

despite best efforts, the person sought cannot be located

or that the investigation conducted has determined that

the person in the requested State is clearly not the person

named in the warrant; or

(c) The fact that execution of the request in its current

form would require the requested State to breach a

pre-existing treaty obligation undertaken with respect to

another State.

ARTICLE 98

Cooperation with respect to waiver of immunity

and consent to surrender

1. The Court may not proceed with a request for surrender

or assistance which would require the requested State to

act inconsistently with its obligations under international

law with respect to the State or diplomatic immunity of a

person or property of a third State, unless the Court can

first obtain the cooperation of that third State for the

waiver of the immunity.

2.

The

Court

may

not

proceed

with

a request for

surrender which would require the requested State to act

inconsistently with its obligations under international

agreements pursuant to which the consent of a sending

State is required to surrender a person of that State to the

Court, unless the Court can first obtain the cooperation of

the sending State for the giving of consent for the

surrender.

ARTICLE 99

Execution of requests under articles 93 and 96

1. Requests for assistance shall be executed in accordance

with

the

relevant

procedure

under

the

law

of the

requested State and, unless prohibited by such law, in the

manner specified in the request, including following any

procedure

outlined

therein

or

permitting

persons

specified in the request to be present at and assist in the

execution process.

2. In the case of an urgent request, the documents or

evidence produced in response shall, at the request of the

Court, be sent urgently.

3. Replies from the requested State shall be transmitted

in their original language and form.

4. Without prejudice to other articles in this Part, where it

is necessary for the successful execution of a request

which

can

be

executed

without

any

compulsory

measures, including specifically the interview of or taking

evidence from a person on a voluntary basis, including

doing so without the presence of the authorities of the

requested State Party if it is essential for the request to be

executed, and the examination without modification of a

public site or other public place, the Prosecutor may

execute such request directly on the territory of a State as

follows:

(a) When the State Party requested is a State on the

territory of which the crime is alleged to have been

committed,

and there has been a determination of

admissibility pursuant to article 18 or 19, the Prosecutor

may directly execute such request following all possible

consultations with the requested State Party;

(b) In other cases, the Prosecutor may execute such

request following consultations with the requested State

Party

and

subject

to

any

reasonable

conditions

or

concerns raised by that State Party. Where the requested

State Party identifies problems with the execution of a

request pursuant to this subparagraph it shall, without

delay, consult with the Court to resolve the matter.

5. Provisions allowing a person heard or examined by the

Court under article 72 to invoke restrictions designed to

prevent disclosure of confidential information connected

with national security shall also apply to the execution of

requests for assistance under this article.

ARTICLE 100

Costs

1. The ordinary costs for execution of requests in the

territory of the requested State shall be borne by that

State, except for the following, which shall be borne by

the Court:

(a)

Costs associated with the travel and security of

witnesses and experts or the transfer under article 93 of

persons in custody;

(b) Costs of translation, interpretation and transcription;

(c)

Travel

and

subsistence

costs of the judges, the

Prosecutor, the Deputy Prosecutors, the Registrar, the

Deputy Registrar and staff of any organ of the Court;

(d) Costs of any expert opinion or report requested by the

Court;

(e) Costs associated with the transport of a person being

surrendered to the Court by a custodial State; and

(f) Following consultations, any extraordinary costs that

may result from the execution of a request.

© Compiled by RGL

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