Request for cooperation

Japan

Japan - Act on Cooperation with the International Criminal Court 2007 (2014) EN/Japanese

''Chapter II Cooperation with the ICC, Section 1 General Rules, (Acceptance of Requests for Cooperation, etc.)Article 3''
The following administrative affairs concerning cooperation with the ICC shall be carried out by the Minister of Foreign Affairs:
(i) acceptance of requests for cooperation from the ICC;
(ii) consultation with the ICC and reports that should be made thereto; and
(iii) sending of evidence to the ICC, and delivery of property and notification of the results of the service of documents in connection with the enforcement of a final judgment for a fine, forfeiture, or reparations order, to the ICC.

''Chapter II Cooperation with the ICC, Section 1 General Rules, (Measures to Be Taken by the Minister of Foreign Affairs) Article 4''
Upon accepting a request for cooperation from the ICC, the Minister of Foreign Affairs shall, except where he/she finds that the form of the relevant request does not comply with the Statute, send the written request for cooperation issued by the ICC or documents prepared by the Minister of Foreign Affairs that certify that a request for cooperation has been made to the Minister of Justice, together with any relevant documents and with his/her opinion attached thereto.

''Chapter II Cooperation with the ICC, Section 2 Provision of Evidence, etc., Subsection 1 Provision of Evidence, (Measures by the Minister of Justice) Article 6''

(1) Where the Minister of Justice has received documents sent by the Minister of Foreign Affairs pursuant to the provisions of Article 4 concerning a request for cooperation through provision of evidence, when the case does not fall under any of the following items, the Minister of Justice shall take the measures prescribed in the following paragraph or paragraph (3):
(i) when the request for cooperation competes with a request for assistance as prescribed in Article 1, item (i) of the Act on International Assistance in Investigations and Other Related Matters (Act No. 69 of 1980) (hereinafter referred to as "Investigation Assistance" in this item and Article 39, paragraph (1), item (ii)) and, where it is possible to give priority to such request for assistance pursuant to the provisions of the Statute, when the Minister of Justice finds it reasonable to provide said Investigation Assistance;
(ii) when complying with the request for cooperation would result in a breach of any of the obligations under international law prescribed in article 98, paragraph 1 of the Statute;
(iii) when complying with the request for cooperation would prejudice Japan's national security;
(iv) where the offense underlying the cooperation request is an offense prescribed in article 70, paragraph 1 of the Statute, when the act constituting the offense for which assistance is requested would not constitute a crime under the laws and regulations of Japan were it to have been carried out in Japan;
(v) when complying with the request for cooperation would risk obstructing an investigation or trial in a case that is connected with a crime other than the offense underlying the cooperation request, and that is being investigated by a Japanese public prosecutor, public prosecutor's assistant officer, or judicial police official or is pending before a Japanese court, and the Minister of Justice finds it unreasonable to immediately comply with said request; or
(vi) when there are other justifiable grounds for not immediately complying with the request for cooperation.
(2) The measures by the Minister of Justice pursuant to the provisions of the preceding paragraph shall be the measures under any of the following items, except in the case prescribed in the following paragraph:
(i) sending the relevant documents to the Chief Prosecutor of the appropriate District Public Prosecutor's Office and ordering the collection of evidence that is necessary for cooperation through provision of evidence;
(ii) sending documents concerning a request for cooperation through provision of evidence to the National Public Safety Commission; or
(iii) sending documents concerning a request for cooperation through provision of evidence to the Commandant of the Japan Coast Guard or to the head of any other national agency to which persons prescribed in Article 190 of the Code of Criminal Procedure (Act No. 131 of 1948) who are to exercise the functions of judicial police officials belong.
(3) When the request for cooperation prescribed in paragraph (1) pertains to the provision of documents that are connected with a legal action and that are being retained by a court, a public prosecutor, or a judicial police officer, the Minister of Justice shall send the custodian of such documents the documents concerning the request for cooperation.
(4) When the Minister of Justice finds it necessary in order to take the measures prescribed in the preceding two paragraphs or in order to take other measures concerning cooperation through provision of evidence, he/she may conduct an inquiry into the whereabouts of the person concerned and other necessary matters.

Rome Statute

Article 87 Requests for cooperation: general provisions

1.

(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.

2. 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.

7. Where a State Party fails to comply with a request to cooperate by the Court contrary to the provisions of this Statute, thereby preventing the Court from exercising its functions and powers under this Statute, the Court may make a finding to that effect and refer the matter to the Assembly of States Parties or, where the Security Council referred the matter to the Court, to the Security Council.