National procedures for execution of cooperation request


Belgium - Act on Cooperation with ICC 2004 EN


Article 11
In accordance with article 89 of the Statute, Belgium shall execute requests for arrest and surrender from the Court.

Article 12
If in respect of the same person Belgium receives a request for arrest and surrender from the Court and a request for extradition or surrender from another State, the central authority shall notify the Court and the requesting State and shall apply the provisions of article 90 of the Statute.

Article 13
1. A request for arrest and surrender issued by the Court in respect of a person to be found on Belgian territory shall be made in writing in accordance with article 91, paragraph 1 of the Statute, except in urgent cases as specified by said article.
The request shall be rendered enforceable by the chambre du conseil (Court in Chambers) of the place of residence of the person in question or of the place where the person was found.
2. The chambre du conseil shall verify that the identity of the person has not been mistaken and that the supporting documentation referred to in article 91 of the Statute has been provided.
3. The public prosecutor, within 24 hours of an order by the chambre du conseil refusing to render enforceable the request for arrest and surrender of the Court, may appeal that decision before the indictment chamber. The latter shall rule within eight days of hearing the public prosecutor. Its judgment shall be enforceable.
4. Within 24 hours of taking the person in question into custody, the decision making enforceable the request for arrest and surrender and the official documents annexed thereto shall be served on the person charged. The latter shall have 24 hours as from such service to enter an appeal before the indictment chamber. This appeal shall be lodged by notice to the registry of the criminal court or by notice given by the person charged to the director of the remand prison or his or her representative. The indictment chamber shall hear the public prosecutor, the person charged and the latter’s counsel within four days of the lodging of the appeal, and shall rule within eight days. Its judgment shall be enforceable. The person charged shall remain in custody pending the ruling by the indictment chamber.
5. Where the appeal is based on a violation of the principle of non bis in idem, the time period within which the indictment chamber must rule shall be suspended as from the time of the appeal until the receipt by the central authority of the response of the Court to the consultations entered into pursuant to article 89, paragraph 2 of the Statute.

Rome Statute

Article 93 Other forms of cooperation

1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:

(a) The identification and whereabouts of persons or the location of items;

(b) The taking of evidence, including testimony under oath, and the production of evidence, including expert opinions and reports necessary to the Court;

(c) The questioning of any person being investigated or prosecuted;

(d) The service of documents, including judicial documents;

(e) Facilitating the voluntary appearance of persons as witnesses or experts before the Court;

(f) The temporary transfer of persons as provided in paragraph 7;

(g) The examination of places or sites, including the exhumation and examination of grave sites;

(h) The execution of searches and seizures;

(i) The provision of records and documents, including official records and documents;

(j) The protection of victims and witnesses and the preservation of evidence;

(k) The identification, tracing and freezing or seizure of proceeds, property and assets and instrumentalities of crimes for the purpose of eventual forfeiture, without prejudice to the rights of bona fide third parties; and

(l) Any other type of assistance which is not prohibited by the law of the requested State, with a view to facilitating the investigation and prosecution of crimes within the jurisdiction of the Court.