Competent national authority

Georgia

Georgia - Law on Cooperation between the International Criminal Court and Georgia 2003 EN

Chapter I
General Provisions


Article 1. Scope of the Law

1 .This Law governs matters of cooperation between the International Criminal Court (hereinafter the International Court) established by the Rome Statute of the International Criminal Court as of 17 July 1998 (hereinafter the Statute) and Georgia; determines a national state agency responsible for cooperation between the International Court and Georgia and defines the forms of mutual legal assistance in the course of cooperation.
2.Terms used in this Law shall have the meaning as defined in the Statute.

Chapter II
National State Agency Responsible for Cooperation between the International Court and Georgia

Article 3. A national state agency responsible for cooperation between the International Court and Georgia

1. A national state agency responsible for matters of cooperation between the International Court and Georgia shall be the Ministry of Justice of Georgia (hereinafter the Responsible Agency), which receives requests for cooperation from the International Court, takes measures required for the execution of the requests, and, when necessary, coordinates activities of appropriate national bodies in the course of execution of the requests.

2. For the purpose of cooperating with the International Court, the Agency for Cooperation with the International Court shall be established within the Ministry of Justice.

3. In the course of cooperating with the International Court, the Responsible Agency shall have the authority:

a)to receive a request for cooperation from the International Court;
b) to decide on acceptability of cooperation with the International Court; to develop
cooperation procedures; when necessary, to take a decision on challenging the jurisdiction of the International Court;
c)to decide on necessary measures to be taken for the purpose of cooperation; also to determine a specific state authority having the competence to execute the request;
d) to inform the International Court on the results of execution of the request;
e)where so provided for in the Statute, to consult with the Court on matters related to the request;
f) when necessary, and in accordance with law, to take measures to appoint a public attorney and/or to render other legal aid;
g) to make a decision on surrender a prosecuted person to the International Court;
h) in accordance with Article 70(4)(b) of the Statute, forward a request on conduct of criminal proceedings received from the International Court to an appropriate competent state authority;
i) to take a decision on a request of the International Court, for the purpose of executing a deprivation of liberty sentence on the territory of Georgia, for accepting the convicted person and executing a fine and/or other reimbursement of expenses imposed by the International Court.;
j) for the purpose of executing urgent measures indicated in the request, to determine the forms and conditions of execution;
k) to forward on behalf of Georgia to the International Court evidence and information gathered by the Georgian state authorities if it makes it possible for the International Court to commence prosecution;
l) when so provided by the Statute, to request reimbursement of expenses, incurred in the course of execution of the request, from the International Court;
m) to perform other functions assigned by the Statute and this Law.

Chapter II
National State Agency Responsible for Cooperation between the International Court and Georgia


Article 4. Obligations of state authorities for the execution of requests of the International Court

The Responsible Agency and appropriate state authorities who have been forwarded a request of the International Court shall execute the request within the prescribed time limit in accordance with procedures stipulated in the Statute and the Georgian legislation.

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.