Chapter 7 Cooperation and enforcement

• Author: International Criminal Court
• Pages: 48-51

48

Regulations of the Court

Chapter 7

Cooperation and enforcement

Section 1 Cooperation

Regulation 10744

Arrangements and agreements on cooperation

1. All agr eements with any State not pa rty to the St atute or any intergover nmental

organizat ion, setti ng out a general fra mework for cooperation on mat ters withi n

the competency of more tha n one organ of the Cou rt, shall b e negotiated under

the authority of t he President who may seek recom mendations from the A dvisor y

Committee on Leg al Texts. Such agreeme nts shall be concluded by t he President on

behalf of the Cou rt. The existence of an ag reement concluded in accordance with th is

sub-regulat ion does not preclude the Prosecutor from enter ing into those agreements

referred to in a rticle 54, paragraph 3 (d).

2. Each organ of the Cou rt shall infor m the Presidency of any ar rangement or agreement

on cooperation, not being one se tting out a genera l framework for co operation as

referred to in sub -regulation 1, th at the organ intends to nego tiate, unless suc h

informat ion is inappropriate for rea sons of conf‌identi ality. Subject to ar ticle 54,

paragraph 3 (d), and to reasons of con f‌identiality, such arr angements and agreements

shall be concluded by t he President or by delegation by t he relevant organ u nder

whose authority t he arrangement or agreement has bee n negotiated.

Regulation 108

Ruling regardi ng the legality of a request for cooperation

1. In case of a dis pute regarding the legal ity of a request for cooperation under a rticle 93,

a requested State may apply for a ru ling from the competent Chamb er.

2. A ruling u nder sub-regul ation 1 may be sought only a fter a decla ration has been

made by the requesti ng body that consu ltations have been ex hausted and within 15

days followi ng such declaration. In case o f requests under article 99, parag raph 4, and

should no furt her consultation s be possible, the requested St ate may seek a rul ing

within 15 day s from the day on wh ich the requested State is i nformed of or beca me

aware of the dir ect execution.

3. An application under s ub-regulation 1 shal l not of itself have suspensive ef fect, unless

the Chamber so orde rs.

4. The Chamber may hear f rom participants to the proceed ings on the matter.

5. If the Cha mber rejects the appl ication referred to i n sub-regulat ion 1, the Chamber

may grant the req uested State additional ti me within which it sha ll execute the request

or the Chamber sha ll lift any suspe nsion of direct execution.

44 Amended 14 November 2007, entered i nto force 18 December 20 07 (sub-regulation 1).