Rome Statute of the International Criminal 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:
5.
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(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.
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.