Rome Statute of the International Criminal Court
(ii)
(c)
In the case of assistance under subparagraph (b) (i) a:
a.
If the documents or other types of evidence have been obtained with the assistance of a
State, such transmission shall require the consent of that State;
b.
If the statements, documents or other types of evidence have been provided by a witness
or expert, such transmission shall be subject to the provisions of article 68.
The Court may, under the conditions set out in this paragraph, grant a request for assistance under
this paragraph from a State which is not a Party to this Statute.
Article 94
Postponement of execution of a request in respect of ongoing investigation or prosecution
1.
If the immediate execution of a request would interfere with an ongoing investigation or prosecution of
a case different from that to which the request relates, the requested State may postpone the execution
of the request for a period of time agreed upon with the Court. However, the postponement shall be
no longer than is necessary to complete the relevant investigation or prosecution in the requested State.
Before making a decision to postpone, the requested State should consider whether the assistance may be
immediately provided subject to certain conditions.
2.
If a decision to postpone is taken pursuant to paragraph 1, the Prosecutor may, however, seek measures to
preserve evidence, pursuant to article 93, paragraph 1 (j).
Article 95
Postponement of execution of a request in respect of an admissibility challenge
Where there is an admissibility challenge under consideration by the Court pursuant to article 18 or 19, the
requested State may postpone the execution of a request under this Part pending a determination by the Court,
unless the Court has specifically ordered that the Prosecutor may pursue the collection of such evidence pursuant
to article 18 or 19.
Article 96
Contents of request for other forms of assistance under article 93
1.
A request for other forms of assistance referred to in article 93 shall be made in writing. In urgent cases, a
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.
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