PART 9. International cooperation and judicial assistance

• Author: International Criminal Court
• Pages: 61-71

61

Rome Statute of the International Criminal Court

PART 9.

INTERNATIONAL COOPERATION AND JUDICIAL ASSISTANCE

Article 86

General obligation to cooperate

States Parties sha ll, in accordance w ith the provisions of this Stat ute, cooperate fully w ith

the Court in it s investigation and prosec ution of crimes with in the jurisdict ion of the Court.

Article 87

Requests for cooperation: general provisions

1. (a) The Court shall have the authority to make requests to States Parties for

cooperation. The requests shall be transmitted through the diplomatic channel

or any other appropriate channel as may be designated by each State Party

upon ratif‌ication, acceptance, approval or accession.

Subsequent changes to the designation shall be made by each State Party in

accordance with the Rules of Procedure and Evidence.

(b) When appropriate, without prejudice to the provisions of subparagraph (a),

requests may also be transmitted through the International Criminal Police

Organization or any appropriate regional organization.

2. Requests for cooperation and any documents supporting the request shall either be in

or be accompanied by a translation into an off‌icial language of the requested State or

one of the working languages of the Court, in accordance with the choice made by that

State upon ratif‌ication, acceptance, approval or accession.

Subsequent changes to t his choice shal l be made in accordance wit h the Rules of

Procedure and Evidence.

3. The requested State shall keep conf‌idential a request for cooperation and any

documents supporting the request, except to the extent that the disclosure is necessary

for execution of the request.

4. In relation to any request for assistance presented under this Part, the Court may take

such measures, including measures related to the protection of information, as may be

necessary to ensure the safety or physical or psychological well-being of any victims,

potential witnesses and their families. The Court may request that any information

that is made available under this Part shall be provided and handled in a manner that

protects the safety and physical or psychological well-being of any victims, potential

witnesses and their families.

5. The Court may invite any State not party to this Statute to provide assistance under

this Part on the basis of an ad hoc arrangement, an agreement with such State or any

other appropriate basis.

Where a State not part y to this Stat ute, which has entered into an ad ho c arrangement

or an agreement w ith the Court, fa ils to cooperate wit h requests pursua nt to any

such arra ngement or agreement, the Cour t may so infor m the Assembly of States

Parties or, where the Se curity Counci l referred the matter to the Cou rt, the Security

Council .