Consultations with the Court

Georgia

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

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

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

e)where so provided for in the Statute, to consult with the Court on matters related to the request;

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


Article 5. Consultation with the International Court

The Responsible Agency shall have the authority to consult with the International Court on matters related to the request as prescribed by the Statute. Consultation with the International Court shall be obligatory if the execution of the request:
a) contradicts fundamental legal principles of a state, as indicated in Article 93(3) of the Statute;
b) affects interests of national security;
c) jeopardizes the on-going investigation or prosecution of another criminal case;
d) violates domestic or diplomatic immunity.

Chapter IV
Request of the International Court


Article 9. Form of a request from the International Court and conditions of its receiving

4. If the Responsible Agency considers that a request of the International Court is not of the appropriate form or/and it cannot accept the request for review, the Responsible Agency shall, in accordance with the Statute immediately inform the International Court thereon providing an explanation of appropriate grounds and shall immediately consult the International Court.

5. If the Responsible Agency considers that a request of the International Court is not acceptable or refuses to execute the request, it shall immediately inform the International Court of considering the request unacceptable or refusal to execute the request, providing reasoning for either decision. Before final refusal to execute the request, the Responsible Agency shall consult with the International Court.

Chapter V
Surrender of a person to the International Court


Article 23. Arrest of a person for the purpose of his surrender

3. If the Georgian Criminal Procedural legislation prohibits arrest of a prosecuted person, the Responsible Agency may, after consulting with the International Court, request the Prosecutor General of Georgia to apply a procedural measure other than arrest in relation to that person.

Chapter V
Surrender of a person to the International Court


Article 28. Execution of surrender

1. The decision on surrender shall be executed immediately. The Responsible Agency takes an appropriate decision after the agreement with the International Court.

2. The Responsible Agency, having consulted with the International Court, may delay surrender if the person subject to surrender is detained or there are ongoing proceedings against this person for charges other then the ones before the International Court.

Rome Statute

Article 89 Surrender of persons to the Court

2. Where the person sought for surrender brings a challenge before a national court on the basis of the principle of ne bis in idem as provided in article 20, the requested State shall immediately consult with the Court to determine if there has been a relevant ruling on admissibility. If the case is admissible, the requested State shall proceed with the execution of the request. If an admissibility ruling is pending, the requested State may postpone the execution of the request for surrender of the person until the Court makes a determination on admissibility.

4. If the person sought is being proceeded against or is serving a sentence in the requested State for a crime different from that for which surrender to the Court is sought, the requested State, after making its decision to grant the request, shall consult with the Court.

Article 91 Contents of request for arrest and surrender

4. Upon the request of the Court, a State Party shall consult with the Court, either generally or with respect to a specific matter, regarding any requirements under its national law that may apply under paragraph 2 (c). During the consultations, the State Party shall advise the Court of the specific requirements of its national law.

Article 93 Other forms of cooperation

3. Where execution of a particular measure of assistance detailed in a request presented under paragraph 1, is prohibited in the requested State on the basis of an existing fundamental legal principle of general application, the requested State shall promptly consult with the Court to try to resolve the matter. In the consultations, consideration should be given to whether the assistance can be rendered in another manner or subject to conditions. If after consultations the matter cannot be resolved, the Court shall modify the request as necessary.

9.

(a)

(i) In the event that a State Party receives competing requests, other than for surrender or extradition, from the Court and from another State pursuant to an international obligation, the State Party shall endeavour, in consultation with the Court and the other State, to meet both requests, if necessary by postponing or attaching conditions to one or the other request.

Article 96 Contents of request for other forms of assistance under article 93

3. Upon the request of the Court, a State Party shall consult with the Court, either generally or with respect to a specific matter, regarding any requirements under its national law that may apply under paragraph 2 (e). During the consultations, the State Party shall advise the Court of the specific requirements of its national law.

Article 97 Consultations

Where a State Party receives a request under this Part in relation to which it identifies problems which may impede or prevent the execution of the request, that State shall consult with the Court without delay in order to resolve the matter. Such problems may include, inter alia:

(a) Insufficient information to execute the request;

(b) In the case of a request for surrender, the fact that despite best efforts, the person sought cannot be located or that the investigation conducted has determined that the person in the requested State is clearly not the person named in the warrant; or

(c) The fact that execution of the request in its current form would require the requested State to breach a pre-existing treaty obligation undertaken with respect to another State.