Postponement - ongoing investigation or prosecution

Bosnia and Hezegovina

Bosnia and Herzegovina - Law on Implementation of the Rome Statute of the International Criminal Court and Cooperation with the International Criminal Court 2009 EN


Article 19
(Postponement of the Execution of a Request of the International Criminal Court)
At the proposal of the state authority having jurisdiction to act, the Ministry of Justice may postpone the execution of the request for legal assistance to the International Criminal Court when this is in the interest of the criminal proceedings conducted in Bosnia and Herzegovina or the admissibility challenge to initiate or conduct the criminal proceedings before the International Criminal Court (Articles 94 and 95 of the Rome Statute).

Rome Statute

Article 94 Postponement of execution of a request in respect of ongoing investigation or prosecution

1. If the immediate execution of a request would interfere with an ongoing investigation or prosecution of a case different from that to which the request relates, the requested State may postpone the execution of the request for a period of time agreed upon with the Court. However, the postponement shall be no longer than is necessary to complete the relevant investigation or prosecution in the requested State. Before 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).