CHAPTER 3. - Competences of the BTF ICJ and holding of its meetings
Section 2. - Meetings of the BTF ICJ on specific files
Article 9.
1. If necessary, notably due to a request for mutual assistance or for specific cooperation, the chairman of the BTF ICJ convenes a meeting of the BTF ICJ on one or several specific files. This notably includes the coordination required for the execution of:
1° requests for mutual assistance or for cooperation made to Belgium by the international criminal jurisdictions and vice versa pursuant to their status, to agreements for enhanced cooperation or to the applicable Belgian legislation;
2° requests for interstate cooperation regarding the punishment of the crimes referred to in Article 5 of the Rome Statute of the International Criminal Court;
3° requests regarding the application of the rules relating to the international immunities with a judicial impact in Belgium.
CHAPTER 3. - Competences of the BTF ICJ and holding of its meetings
Section 3. - Meetings of the BTF ICJ on classified files (BTF-R)
Article 12. The BTF-R chiefly examines:
2° the files aiming at the protection of threatened witnesses, on the request of the international criminal jurisdictions;
(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.
(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.