Rome Statute of the International Criminal Court
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.
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)
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Insufficient information to execute the request;