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 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.
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.
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