Rome Statute of the International Criminal Court
PART 9.
INTERNATIONAL COOPERATION AND JUDICIAL ASSISTANCE
Article 86
General obligation to cooperate
States Parties shall, in accordance with the provisions of this Statute, cooperate fully with the Court in its
investigation and prosecution of crimes within the jurisdiction of the Court.
Article 87
Requests for cooperation: general provisions
1.
2.
(a)
The Court shall have the authority to make requests to States Parties for cooperation. The requestsshall
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.
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 this choice shall be made in accordance with 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.
(a)
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.
(b)
Where a State not party to this Statute, which has entered into an ad hoc arrangement or an
agreement with the Court, fails to cooperate with requests pursuant to any such arrangement or
agreement, the Court may so inform the Assembly of States Parties or, where the Security Council
referred the matter to the Court, the Security Council.
6.
The Court may ask any intergovernmental organization to provide information or documents. The Court
may also ask for other forms of cooperation and assistance which may be agreed upon with such an
organization and which are in accordance with its competence or mandate.
7.
Where a State Party fails to comply with a request to cooperate by the Court contrary to the provisions of
this Statute, thereby preventing the Court from exercising its functions and powers under this Statute, the
Court may make a finding to that effect and refer the matter to the Assembly of States Parties or, where the
Security Council referred the matter to the Court, to the Security Council.
Article 88
Availability of procedures under national law
States Parties shall ensure that there are procedures available under their national law for all of the forms of
cooperation which are specified under this Part.
Article 89
Surrender of persons to the Court
1.
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The Court may transmit a request for the arrest and surrender of a person, together with the material
supporting the request outlined in article 91, to any State on the territory of which that person may be
found and shall request the cooperation of that State in the arrest and surrender of such a person. States
Parties shall, in accordance with the provisions of this Part and the procedure under their national law,
comply with requests for arrest and surrender.