Request for cooperation

French Republic

France - ICC Cooperation Law 2002 (FR)

ARTICLE I
TITLE I CO-OPERATION WITH THE INTERNATIONAL CRIMINAL COURT
CHAPTER I JUDICIAL CO-OPERATION
SECTION 1: MUTUAL JUDICIAL ASSISTANCE

Article 627-1

(Inserted by Law no. 2002-268 of 26 February 2002 art. 1 Official Journal of 27 February 2002)

Requests for mutual assistance issued by the International Criminal Court are sent to the competent authorities in accordance with article 87 of the statute. The original document or a certified copy may be sent, accompanied by supporting evidence.
These documents are sent to the district prosecutor of Paris, who takes appropriate action.
In urgent cases, these documents may be sent directly to him, by any available means. They are then sent on in the forms provided for in the previous paragraphs.

Article 627-2

(Inserted by Law no. 2002-268 of 26 February 2002 art. 1 Official Journal of 27 February 2002)

Requests for mutual assistance are carried out, according to the case, by the district prosecutor or the investigating judge of Paris, who act on behalf of the whole French territory, if necessary in the presence of the prosecutor of the International Criminal Court or his representative, or any other person mentioned in the International Criminal Court’s request.
The official records made during the carrying out of these requests are sent to the International Criminal Court by the competent authorities, in accordance with article 87 of the statute.
In urgent cases, certified copies of the official records may be sent directly to the International Criminal Court. The official records are sent on afterwards in the forms provided for in the previous paragraphs.

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.