Republic of Austria

Rome Statute Oct. 7, 1998 Dec. 28, 2000
APIC Sept. 10, 2002 Dec. 17, 2003

Implementation Notes

In 2002, the Republic of Austria adopted legislation incorporating the ICC cooperation regime into domestic law. The legislation is well designed and covers all major aspects of cooperation enshrined in the ICC Statute. Moreover, reference is made to national laws for all other aspects which are not specifically covered. Austria has not yet adopted legislation with regard to crimes under the jurisdiction of the ICC and its existing laws do not contain any provisions to deal with crimes against humanity and war crimes. The short reference to relevant Rome Statute Articles in the ICC Cooperation law is not adequate in that respect. Specific implementing legislation with regard to crimes under ICC jurisdiction would also be welcome in order to fully address issues of command and superior responsibility or superior orders. An amendment of the Austrian Constitution with regard to the immunities afforded to the Federal President and members of the national or regional Parliaments may also have to be considered in order to fully implement the irrelevance of official capacity provision found in the ICC Statute.

National Implementing Legislation

Austria - Agreement ICC on the Enforcement of Sentences 2005
Austria - Extradition and Mutual Assistance (EN/DE) 1979 (2020)
Austria - Federal Law no 135 Cooperation with the ICC (DE) 2002 (2021)
Austria - Federal Law on Cooperation with the ICC (EN) 2002
Austria - Federal law on judicial cooperation in criminal matters with the Member States of the European Union (EN/DE) 2004 (2020)

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