Competent national authority

Croatia

Croatia - Implementation of Statute of ICC 2003 (2004) EN

I. GENERAL PROVISIONS
THE AUTHORITY COMPETENT FOR THE PERFORMANCE OF COOPERATION AND ENSURING OF IMPLEMENTATION OF THE DECISION OF THE INTERNATIONAL CRIMINAL COURT DECISION
Article 3
(1) Unless otherwise provided in this Law, the Government of the Republic of Croatia (hereinafter: the Government) shall coordinate and perform the cooperation and ensure the implementation of the decisions of the International Criminal Court.
(2) If according to the Constitution and the law on performance of certain affairs an exclusive competence of certain state authority exists or if it is obvious that another state authority will be more expeditious in dealing with a specific request for co-operation, the request for cooperation, i.e. decision of the International Criminal Court to be implemented shall be forwarded by the Government to that authority for further procedure.
(3) The competent state authorities shall deal with matters concerning co-operation and implementation of the decisions of the International Criminal Court expeditiously and without delay and report thereon to the Government. The request of the International Criminal Court for the performance of certain co-operation may be rejected only for the reasons referred to in the Statute (Article 93 paragraph 3, Article 94 paragraph 4 and Article 98 paragraph 1 of the Statute).
(4) Through an ordinance the Government can establish bodies in charge of co-operation and implementation of the decisions within their competence, or it can take certain actions to this effect through the State Attorney’s Office.
(5) The actual and local jurisdiction of courts and other state authorities in matters concerning co-operation and implementation of the decisions of the International Criminal Court shall be defined according to the rules applicable for determination of jurisdiction in criminal proceedings or in another procedure dealing with a case in question, unless otherwise provided by this Law.

I. GENERAL PROVISIONS
COMMUNICATION WITH THE INTERNATIONAL CRIMINAL COURT
Article 5
(1) Unless otherwise decided by the Government, the state authorities shall communicate with the International Criminal Court through the Government in the Croatian language or in one of the official languages of the International Criminal Court.
(2) Communication between the Government and the International Criminal Court shall be conducted through diplomatic channels. In case of emergency or for a justified reason such communication can also be conducted through direct contacts.
(3) If not in contravention of the law and the purpose and intent of the foregoing paragraphs 1 and 2 of this Article, the communication in specific matters can also be conducted via Interpol, with the Government to be with no delay notified on such cases.
(4) The Government can in any case require that such communication be conducted as provided in paragraph 2 of this Article.

LAW on the Implementation of the Statute of the International Criminal Court and the Prosecution of Crimes against International Law of War and Humanitarian Law

GENERAL PROVISIONS

Article 3

(1) Unless otherwise provided in this Law, the authority competent to receive requests for co-operation and to ensure compliance with them shall be the Government of the Republic of Croatia.

(2) If in a specific area the Constitution or a law provides for an exclusive competence of a state authority, or if it obvious that another state authority will be more expeditious in dealing with a specific request for co-operation, such a request or a decision of the International Criminal Court shall be forwarded by the Government of the Republic of Croatia to that authority for further procedure.

(3) The competent state authorities shall deal with matters concerning co-operation and implementation of the decisions of the International Criminal Court expeditiously and without delay and report thereon to the Government of the Republic of Croatia.

(4) Through an ordinance the Government of the Republic of Croatia can establish bodies in charge of co-operation and execution of requests within their competence, or it can take certain actions to this effect through the Public Attorney's Office.

(5) The actual and local jurisdiction of courts and other state authorities in matters concerning co-operation with and requests of the International Criminal Court shall be defined according to the rules applicable in determining jurisdiction in criminal proceedings or in another procedure dealing with a case in question, unless otherwise provided in this Law.

LAW on the Implementation of the Statute of the International Criminal Court and the Prosecution of Crimes against International Law of War and Humanitarian Law

GENERAL PROVISIONS

Article 5

(1) unless otherwise decided by Government of the Republic of Croatia, the state authorities shall communicate with the International Criminal Court through the Government of the Republic of Croatia in the Croatian language or in one of the official languages of the International Criminal Court.

(2) Communication between the Government of the Republic of Croatia and the International Criminal Court shall be conducted through diplomatic channels. In case of emergency or for a justified reason such communication can also be conducted through direct contacts.

(3) If not in contravention of the law and the purpose and intent of the foregoing paragraphs 1 and 2, communication in specific matters can also be conducted via Interpol, with the Government of the Republic of Croatia to be immediately notified on such cases.

(4) The Government of the Republic of Croatia can in any case require that such communication be conducted as envisaged in paragraph 2 of this article.

LAW on the Implementation of the Statute of the International Criminal Court and the Prosecution of Crimes against International Law of War and Humanitarian Law

II PROSECUTION OF CRIMES IN THE REPUBLIC OF CROATIA

Article 15

(1) At the Ministry of the Interior a special department shall be formed for criminal investigation and co-operation with the International Criminal Court in matters within the police responsibility (War Crime Department). The Department shall be composed of police officers experienced in the investigation of serious crimes.

(2) The War Crime Department officers shall conduct field investigation and take other necessary action, as well as coordinate and direct the work of other police authorities engaged in the investigation and detention of crimes suspects or in the co-operation with the International Criminal Court.

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.