Book 6: Miscellaneous
Section 7: Requests for Legal Assistance and Extradition of Criminals 352-368
Chapter 1: Requests for Legal Assistance 353-356
Article 353 If a foreign state wants to take measures to pursue an investigation into any offence by means of the judicial authorities in Iraq it must send a request to this effect through diplomatic channels to the Ministry of Justice and the request must be accompanied by a complete statement of the
circumstances of the offence, the evidence for the charge the paragraphs of the law which apply and a detailed specification of the measures which it wishes to take.
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.
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) Insufficient information to execute the request;
(b) In the case of a request for surrender, the fact that despite best efforts, the person sought cannot be located or that the investigation conducted has determined that the person in the requested State is clearly not the person named in the warrant; or
(c) The fact that execution of the request in its current form would require the requested State to breach a pre-existing treaty obligation undertaken with respect to another State.