Unique provision - cooperation

Republic of Georgia

Georgia - Law on Cooperation between the International Criminal Court and Georgia 2003 EN

Chapter II
National State Agency Responsible for Cooperation between the International Court and Georgia

Article 3. A national state agency responsible for cooperation between the International Court and Georgia

3. In the course of cooperating with the International Court, the Responsible Agency shall have the authority:

j) for the purpose of executing urgent measures indicated in the request, to determine the forms and conditions of execution;

Chapter II
National State Agency Responsible for Cooperation between the International Court and Georgia

Article 3. A national state agency responsible for cooperation between the International Court and Georgia

3. In the course of cooperating with the International Court, the Responsible Agency shall have the authority:

k) to forward on behalf of Georgia to the International Court evidence and information gathered by the Georgian state authorities if it makes it possible for the International Court to commence prosecution;

Chapter III
Jurisdiction of the International Court


Article 7. Forwarding evidence and information to the International Court

1 .The Responsible Agency shall have the right to forward to the International Court the evidence and information gathered by Georgian prosecution authorities in the course of investigation, if these evidence and information make it possible for the International Court to start prosecution or if they will facilitate the on-going investigation.

Chapter V
Surrender of a person to the International Court


Article 27. Issuance of a surrender permit

3. If a third party, or victim whose residence is in Georgia requests the exercise of his/its ownership right over the property or items holding material value that are seized to be used as evidence, the above property or item items holding material value may be transferred to the International Court providing the latter undertakes to returned them free of charge upon the completion of proceedings.

Chapter VI
Other Forms of Cooperation


Article 33. Preliminary measures

1. Based on the request of the International Court’s, the Responsible Agency may, for purpose of preserving the legal values and evidence being under threat, take a decision on the use preliminary measures.
2. In case of emergency, the Responsible Agency is entitled to decide on using preliminary measures immediately after receipt of a request, if adequate reasons are at hand. These measures shall be terminated if the International Court fails to submit a relevant request within a time limit set by the Responsible Agency.

Chapter VI
Other Forms of Cooperation


Article 35. Transfer of evidence to other state

1. The International Court may apply to the Responsible Agency with a request for a permit for transferring evidence provided by Georgia to an other state.
2. The Responsible Agency will decide in favor of such a request pursuant to the provisions of this Chapter, if the conduct is within the jurisdiction of the International Court. Where this is not the case, the matter shall be resolved in accordance with International treaties of Georgia relative to legal assistance and the code of criminal Procedure of Georgia.

Rome Statute

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.